SB 1005

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