Read the full stored bill text
EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb1005*
SENATE BILL 1005
L5 6lr3729
CF 6lr1289
By: Prince George’s County Senators
Introduced and read first time: February 24, 2026
Assigned to: Rules
A BILL ENTITLED
AN ACT concerning 1
Maryland–National Capital Park and Planning Commission General Counsel 2
and Powers of Local Planning Boards – Alterations 3
FOR the purpose of repealing the requirement that the Maryland –National Capital Park 4
and Planning Com mission appoint a general counsel; requiring the Montgomery 5
County Planning Board and the Prince George’s County Planning Board to appoint 6
legal counsel for Commission operations within each respective county subject to 7
certain requirements; requiring the Montgomery County Planning Board and the 8
Prince George’s County Planning Board to exercise direct authority over certain 9
functions within each county; authorizing the Commission to use shared 10
administrative services under certain circumstances; and general ly relating to the 11
Maryland–National Capital Park and Planning Commission and local planning 12
boards in Montgomery County and Prince George’s County. 13
BY repealing and reenacting, with amendments, 14
Article – Land Use 15
Section 15–109, 15–110, 15–506, 16–102, 16–103(c), and 16–201(a)(2) 16
Annotated Code of Maryland 17
(2012 Volume and 2025 Supplement) 18
BY adding to 19
Article – Land Use 20
Section 15–110.1 21
Annotated Code of Maryland 22
(2012 Volume and 2025 Supplement) 23
BY repealing and reenacting, without amendments, 24
Article – Land Use 25
Section 16–103(a) 26
Annotated Code of Maryland 27
(2012 Volume and 2025 Supplement) 28
2 SENATE BILL 1005
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Land Use 3
15–109. 4
(a) (1) (I) The Commission shall appoint an executive director [,] AND a 5
secretary–treasurer[, and a general counsel]. 6
[(2)] (II) The executive director[,] AND secretary–treasurer[, and general 7
counsel] serve at the pleasure of the Commission. 8
[(3)] (III) The Commission shall set the compensation of the executive 9
director[,] AND secretary–treasurer[, and general counsel]. 10
[(b)] (2) The executive director and the secretary–treasurer shall be bonded. 11
[(c)] (3) [Of the three ] THE officers appointed under this [section, not more 12
than two shall] SUBSECTION MAY NOT be residents of the same county. 13
(B) (1) (I) THE MONTGOMERY COUNTY PLANNING BOARD SHALL 14
APPOINT LEGAL COUNSEL FOR COMMISSION OPERATIONS CONDUCTED PRIMARILY 15
IN MONTGOMERY COUNTY. 16
(II) THE PRINCE GEORGE’S COUNTY PLANNING BOARD SHALL 17
APPOINT LEGAL COUNSEL FOR COMMISSION OPERATIONS CONDUCTED PRIMARILY 18
IN PRINCE GEORGE’S COUNTY. 19
(2) LEGAL COUNSEL APPOINTED UNDER THIS SUBSECTION SERVE AT 20
THE PLEASURE OF THE APPOINTING COUNTY PLANNING BOARD. 21
(3) EACH COUNTY PLANNING BOARD SHALL SET THE COMPENSATION 22
OF THE RESPECTIVE LEGAL COUNSEL. 23
(4) (I) THE COMMISSION MAY DESIGN ATE LEGAL COUNSEL 24
APPOINTED UNDER THIS SUBSECTION FROM ONE COUNTY FOR MATTERS REQUIRING 25
REPRESENTATION OR AC TION FROM THE COMMISSION AS A SINGLE CORPORATE 26
BODY. 27
(II) A DESIGNATION UNDER SU BPARAGRAPH (I) OF THIS 28
PARAGRAPH DOES NOT L IMIT THE AUTHORITY O F EITHER COUNTY PLAN NING 29
BOARD TO DIRECT EACH RESPECTIVE LEGAL COUNSEL. 30
SENATE BILL 1005 3
15–110. 1
(A) [The] EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION, THE 2
Commission may: 3
(1) appoint or contract for the services of planning, engineering, legal, 4
administrative, auditing, clerical, staff, or other employees necessary to administer this 5
division on a regional basis; and 6
(2) set the compensation of employees and contractors. 7
(B) NOTWITHSTANDING ANY O THER PROVISION OF TH IS DIVISION , THE 8
MONTGOMERY COUNTY PLANNING BOARD AND THE PRINCE GEORGE’S COUNTY 9
PLANNING BOARD EACH SHALL EXERCISE DIRECT AUTHORITY OVER: 10
(1) HUMAN RESOURCES ADMINISTRATION FOR COMMISSION 11
EMPLOYEES PRIMARILY ASSIGNED TO EACH RESPECTIVE COUNTY; AND 12
(2) INFORMATION TECHNOLO GY SYSTEMS AND SERVI CES USED 13
PRIMARILY FOR COMMISSION OPERATIONS IN EACH RESPECTIVE COUNTY. 14
15–110.1. 15
(A) THE MONTGOMERY COUNTY PLANNING BOARD AND THE PRINCE 16
GEORGE’S COUNTY PLANNING BOARD SHALL EACH DIRE CT AND CONTROL 17
ADMINISTRATIVE FUNCT IONS FOR COMMISSION OPERATIONS WITHIN EACH 18
RESPECTIVE COUNTY FOR: 19
(1) HUMAN RESOURCES; 20
(2) INFORMATION TECHNOLOGY; AND 21
(3) LEGAL SERVICES. 22
(B) NOTHING IN THIS SECTI ON LIMITS THE AUTHOR ITY OF THE 23
COMMISSION TO ACT AS A SINGLE CORPORATE BODY WHEN REQUIRED BY LAW. 24
(C) SUBJECT TO THE APPROVAL OF THE MONTGOMERY COUNTY PLANNING 25
BOARD AND THE PRINCE GEORGE’S COUNTY PLANNING BOARD, THE COMMISSION 26
MAY USE SHARED ADMINISTRATIVE SERVICES. 27
15–506. 28
4 SENATE BILL 1005
(a) The Commission shall include in the Commission’s annual operating budget 1
proposal the amounts recommended by the Audit Committee for the Office. 2
(b) Subject to budget authorization and adequate funds: 3
(1) [the Commission’s general ] LEGAL counsel APPOINTED IN 4
ACCORDANCE WITH § 15–109(B) OF THIS TITLE shall provide legal services to the 5
Inspector General and may employ special counsel if appropriate or required by law; and 6
(2) the Inspector General may employ and be represented by a special legal 7
counsel without consent of the [general] LEGAL counsel APPOINTED IN ACCORDA NCE 8
WITH § 15–109(B) OF THIS TITLE if the Audit Committee approves of a request after 9
considering any recommendation or comment offere d by the [general] LEGAL counsel 10
relating to the request. 11
16–102. 12
(a) The Commission shall implement a merit system adopted under this subtitle. 13
(b) The merit system includes each employee of the Commission, except: 14
(1) the commissioners; 15
(2) the executive director, secretary –treasurer, and [general] LEGAL 16
counsel appointed [by the Commission] under [§ 15–109] § 15–109(B) of this article; 17
(3) (i) the Inspector General; and 18
(ii) any temporary term employee of the Office of the Inspector 19
General appointed under § 15–503 of this article; 20
(4) a part–time or temporary employee under Subtitle 2 or Subtitle 5 of this 21
title; 22
(5) in Montgomery County, each position excluded under § 20 –204(b) of 23
this article; and 24
(6) in Prince George’s County: 25
(i) the deputy chief of park police as provided in § 17 –305 of this 26
article; and 27
(ii) each director and deputy director as provided in § 20 –204(c) of 28
this article. 29
16–103. 30
SENATE BILL 1005 5
(a) There is a merit system board of the Commission. 1
(c) (1) Each member of the board: 2
(i) shall be a resident of the regional district; 3
(ii) shall be knowledgeable and experienced in personnel matters; 4
and 5
(iii) may not be a member or employee of the Commission or the 6
executive director, secretary –treasurer, or [general] LEGAL counsel appointed [by the 7
Commission] under [§ 15–109] § 15–109(B) of this article. 8
(2) Not more than two members of the board may reside in the same 9
county. 10
16–201. 11
(a) (2) The rights granted to Commission merit system employees under this 12
subtitle do not apply to: 13
(i) attorneys [in the General Counsel’s office ] SERVING UNDER 14
LEGAL COUNSEL APPOINTED IN ACCORDANCE WITH § 15–109(B) OF THIS ARTICLE; 15
(ii) confidential employees; 16
(iii) employees who are at grade J or above; 17
(iv) park police officers; 18
(v) 1. the Inspector General; and 19
2. any subordinate employee of the Office of the Inspector 20
General appointed under § 15–503 of this article; 21
(vi) probationary employees; or 22
(vii) supervisors, as defined in § 2(11) of the National Labor Relations 23
Act, 29 U.S.C. § 152(11). 24
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 25
October 1, 2026. 26