AGENDA ITEM #6
May 20, 2010
Action
MEMORANDUM
May 18,2010
TO:
FROM:
SUBJECT:
County Council
Amanda Mihill, Legislative
Analy~
Action:
Expedited Bill 32-10, Administration - Public Libraries - Payments to
Municipalities
Expedited Bill 32-10, Administration - Public Libraries - Payments to Municipalities, sponsored
by the Health and Human Services Committee, was introduced on May 4, 2010. A public
hearing on Bill 32-10 was held on May
11
at which the mayor of Takoma Park supported the
bill.
Bill 32-10 would authorize the County to pay to certain municipalities that support or operate a
free public library an amount determined in the operating budget or Council resolution for FYII
and FYI2. Current law requires the Department of Finance to pay the Takoma Park Library a
specific amount determined by a formula. At its worksessions on the Non-Departmental Account
for the Takoma Park Library Annual Payment, the HHS Committee and the Council reduced the
NDA by $11,830 (24%), which is the same percentage reduction in the Department of Public
Libraries
FYII
operating budget that the Executive recommended and the Council supported. Bill
32-10 would change County law to implement this funding recommendation. Because the
Committee reviewed draft legislation during its discussions on the
FYll
operating budget, the
Committee Chair determined that no additional Committee worksession was required for Bill 32-10.
This packet contains:
Expedited Bill 32-10
Legislative Request Report
Fiscal Impact Statement
Public hearing testimony
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Expedited Bill No.
32-10
Concerning: Administration
Public
Libraries
Payments
to
Municipalities
Revised:
4/27/2010
Draft No.
~
Introduced:
May 4, 2010
Expires:
November 4, 2011
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective:
July 1, 2010
Sunset Date: June 30.2012
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Health and Human Services Committee
AN EXPEDITED ACT
to:
(1)
authorize the County to pay to certain municipalities that support or operate a free
public library an amount determined in the operating budget or Council resolution;
"'.
and
(2)
generally amend the county law related to the payment of the County library tax to
certain municipalities.
By amending
Montgomery County Code
Chapter 2, Administration
Section 2-53
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
* * *
Heading or defined term.
. Added to existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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EXPEDiTED BILL No. 32-10
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Sec.
1.
Section 2-53 is amended as follows:
.
2-53. Annual payment of county library tax to certain municipalities.
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(a)
If
the governing body of any municipality in the County which supports
or operates a free public library on December 31, 1997 does not transfer
that library into the County system, the Director of Finance must pay
annually to the governing body of that municipality for library purposes,
as soon after the beginning of each fiscal year as possible[,t
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an amount which would be realized if that portion of the general
County ad valorem tax rate on real and personal property
attributable to the appropriation for the Department of Public
Libraries for that fiscal year were levied against the assessed
value, on the preceding County date of fmality, of the real and
personal property in that
municipality~
or
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f!:
lower amount approved in the annual operating budget or
f!:
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Council resolution.
For the purposes of this subsection, the amount of the appropriation for
the Department of Public Libraries in any fiscal year includes the
estimated amount of the payment to that municipality in that fiscal year.
The amount of payment to any municipality must not exceed in any
given fiscal year the amount of revenue derived from taxes levied by
that municipality for library purposes for the preceding fiscal year.
(b)
If the governing body of a library supported by a municipality indicates
a desire to transfer all or part of the library facilities owned by it into the
County public .library system, the Director of Public Libraries must
negotiate for that transfer as provided in this Article.
Sec. 2. Expedited Effective Date.
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The Council declares that this legislation
IS
necessary for the immediate
o
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ExPEDITED BILL
No. 32-10
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protection of the public interest. Section 2-53, as amended by Section 1 of this Act,
takes effect on July 1,2010.
Sec.3. Sunset.
The amendments inserted in Section 2-53 in Section 1 expire after June 30,
2012.
Approved:
31
32
Nancy Floreen, President, County Council
Date
Approved:
Isiah Leggett, County Executive
Date
This is a correct copy ofCouncil action.
Linda M. Lauer, Clerk of the Council
Date
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LEGISLATIVE REQUEST REPORT
Bill 32-10,
Administration
Public Libraries Payments to Municipalities
DESCRIPTION:
Bill 32-10 would authorize the County to pay to certain
municipalities that support or operate a free public library an amount
determined in the operating budget or Council resolution.
County Code §2-53 requires the County must pay to municipalities
that support or operate a free public library a specific amount as
determined by a formula.
To provide the County flexibility
in
payments to certain
municipalities that support or operate a free public library.
Departments of Finance and Public Libraries and City of Takoma
Park.
To be requested.
To be requested.
To be requested.
To be researched.
Amanda MihiU, Legislative Analyst, 240-777-7815
Essie McGuire, Legislative Analyst, 240-777-7813
Will affect the City of Takoma Park.
PROBLEM:
.
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
N/A
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OFFICE OF MANAGEMENT AND BUDGET
Isiah Leggett
County Executive
Joseph
F.
Beach
Director
MEMORANDUM
May 10,2010
TO:
FROM:
SUBJECT:
Nancy Floreen, President, County Council
Joseph F. Beach, Director, Office
ofJah~~~BUdget
i\...a....
~
N
CO
Expedited Bill 32-10, Administration - Public Libraries - Payments to Municipalities
The purpose of this memorandum is to transmit a fiscal impact statement to the Council
on the subject legislation.
LEGISLATION SUMMARY
The proposed legislation would authorize the County to pay to certain municipalities that
support or operate a free public library an amount determined in the operating budget or Council
resolution and generally amend the county law related to the payment of the County library tax to certain
municipalities. The legislation also includes a sunset provision which only allows this modified funding
in FY11 and FY12.
FISCAL AND ECONOMIC SUMMARY
There is no economic impact due to the proposed legislation. For the fiscal impact, this
legislation would only affect Takoma Park, since it is the only municipality receiving a library payment
through the Takoma Park Library Annual Payment Non-Departmental Account. For the FY11 and
FY12 operating budgets, the Council will be able to decrease the existing formula amount, which is based
on the City of Takoma Park's assessable base mUltiplied by the County's ad valorem tax rate on real and
personal property attributable to the net County library appropriation.
The County Executive's recommended Takoma Park Annual Library Payment for FY11
is $112,780, which is based on the existing formula. This legislation would now make this payment
subject to budget action, rather than the formula payment.
Michael Coveyou, Department of Finance, and BlaiseDeFazio, Office of Management
and Budget contributed to and concurred with this analysis.
®
Office of the Director
101 Monroe Street, 14th Floor· Rockville, Maryland 20850 •
www.montgomerycountymd.gov
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PUBLIC HEARING
Expedited Bill 32-10
Administration - Public
Libraries - Payments to
Municipalities
Testimony of Bruce R. Williams
Mayor, City of Takoma Park
May 11,2010
Good afternoon. I am Bruce Williams, Mayor of the City of Takoma Park.
The Takoma Park Library Payment is a payment based on a formula that is related to
the amount that property owners are taxed for library services in Montgomery County.
The City of Takoma Park understands the difficulties being faced by Montgomery
County this year and recognizes that the County library system will be sustaining large
budget cuts.
While we would prefer that the amount being paid the City through the Takoma Park.
Library Payment not be lowered, we understand the desire to do so. We support the
proposed legislation and urge that the two year sunset provision be retained.
Thank you.