Bill No.                38-14                        

Concerning:  Secondhand Personal Property – Definitions – Payment  

Revised:    07/09/2014       Draft No. 2  

Introduced:      July 29, 2014                 

Enacted:         October 14, 2014           

Executive:       October 22, 2014           

Effective:        January 23, 2015            

Sunset Date:  None                             

Ch.   30    , Laws of Mont. Co.    2014    


County Council

For Montgomery County, Maryland


By: Council President at the request of the County Executive


AN ACT to:

(1)        exclude certain items of personal property with resale value below a certain dollar amount from the definition of secondhand personal property;

(2)        permit payment by store credit; and

(3)        generally amend the secondhand personal property law



By amending

            Montgomery County Code

            Chapter 44A, Secondhand Personal Property

            Sections 44A-1 and 44A-9



Boldface                                             Heading or defined term.

Underlining                                          Added to existing law by original bill.

[Single boldface brackets]                  Deleted from existing law by original bill.

Double underlining                              Added by amendment.

[[Double boldface brackets]]              Deleted from existing law or the bill by amendment.

*   *   *                                                  Existing law unaffected by bill.









The County Council for Montgomery County, Maryland approves the following Act:

Section 1.  Sections 44A-1 and 44A-9 are amended as follows:

44A-1.        Definitions.  

When used in this Chapter:

*          *          *

Secondhand personal property means previously owned personal property offered for sale or as collateral by any person, other than the manufacturer, wholesale distributor, or original retail seller, acting in the ordinary course of business.  Secondhand personal property does not include:

(1)     personal property purchased at public sale[.]; or 

(2)     items of personal property that have a resale value below a dollar threshold specified for that type of personal property in a regulation adopted under method (3).

*          *          *

44A-9.        Payments by check or store credit. 

          A dealer must pay for each item of secondhand personal property by check or by granting a credit toward the purchase of other merchandise from the dealer, except as permitted by regulation under method (3).