AGENDA ITEM #9
May 4, 2010
Introduction
MEMORANDUM
April 30,2010
TO:
FROM:
SUBJECT:
County Council
Amanda Mihill, Legislative
Analyst~
Introduction:
Expedited Bill 32-10, Administration
Payments to Municipalities
Public Libraries -
Expedited Bill 32-10, Administration Public Libraries - Payments to Municipalities, sponsored
by the Health and Human Services Committee, is scheduled to be introduced on May 4,2010. A
public hearing is tentatively scheduled for May 11 at 1:30 p.m.
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 FYll
and FYI2. Current law requires the Department of Finance to pay the Takoma Park Library a
specific amount determined by a formula. At its April 26 worksession on the Non-Departmental
Account for the Takoma Park Library Annual Payment, the HHS Committee recommended that the
law be changed to allow the Council flexibility in funding this NDA.
This packet contains:
Expedited Bill 32-10
Legislative Request Report
1
4
F:\LAw\BILLS\! 032 Municipality Library Payment\Intro Memo.Doc
 PDF to HTML - Convert PDF files to HTML files
Expedited Bill No.
32-10
Concerning: Administration
Public
to
Libraries
Payments
Municipalities
Revised:
4/27/2010
Draft No.
~
Introduced: _ _ _ _ _ _ _ __
Expires: _ _ _ _ _ _ _ _ __
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _
~~
________
Effective:
July 1, 2010
Sunset Date: June 30,2012
ChI _ _, 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
generally amend the county law related to the payment ofthe County library tax to
certain municipalities.
(2)
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:
 PDF to HTML - Convert PDF files to HTML files
EXPEDITED Bill No.
32-10
1
2
Sec. 1. Section 2-53 is amended as follows:
2-53. Annual payment of county library tax to certain municipalities.
(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
3
4
5
6
7
8
9
10
11
ill
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 finality, of the real and
personal property in that municipality; or
12
13
14
15
ill
!!
lower amount approved in the annual operating budget or
!!
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.
The Council declares that this legislation is necessary for the immediate
16
17
18
19
20
21
22
23
24
25
26
27
IT)
f:\law\bills\1032 municipality library payment\bill2.doc
 PDF to HTML - Convert PDF files to HTML files
EXPEDITED BILL
No.
32-10
28
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:
29
30
31
32
Nancy F1oreen, President, County Council
Approved:
Date
Isiah Leggett, County Executive
This is a correct copy ofCouncil action.
Date
Linda M. Lauer, Clerk of the Council
Date
f:\law\bills\1032 municipality library payment\bill2.doc
 PDF to HTML - Convert PDF files to HTML files
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.
PROBLEM:
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 MihilI, Legislative Analyst,
240-777-7815
Essie McGuire, Legislative Analyst,
240-777-7813
Will affect the City of Takoma Park.
GO ALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENAL TIES:
Nt
A
f:\law\bilis\1032 municipality library payment\legislative request report.doc