AGENDA ITEM #8.3
May 18,2010
Introduction
MEMORANDUM
May 17,2010
TO:
FROM:
SUBJECT:
County Council
Amanda Mihill, Legislative
AnalY~
Introduction:
Bill 34-10, Finance
Public Facilities
Private Projects
Bill 34-10, Finance - Public Facilities - Private Projects, sponsored by Councilmembers
Leventhal and Knapp, is scheduled to be introduced on May 18,2010. A public hearing will be
scheduled at a later date.
Bill 34-10 would amend the definition of public facilities to specifically exclude the
construction, reconstruction, extension, acquisition, improvement, enlargement, alteration,
repair, or modernization of any privately owned building or facility.
This packet contains:
Bill 34-10
Legislative Request Report
Circle
1
3
F:\LA W\BILLS\ I 034 Finance - Public Facilities - Private Projects\Intro MemoDoc
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Bill No.
34-10
Concerning: Finance - Public Facilities ­
Private Projects
Revised:
5/14/2010
Draft No. _1_
Introduced: _ _ _ _ _ _ _ __
Expires: _ _ _ _ _ _ _ _ __
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date:
-!.!No!>:!!n~e::..._
_ _ _ _ __
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Councilmembers Leventhal and Knapp
AN
ACT to:
(1)
(2)
amend the definition of public facilities to specifically exclude the construction,
reconstruction, extension, acquisition, improvement, enlargement, alteration, repair,
or modernization of any privately owned building or facility; and
generally amend the county finance law.
By amending
Montgomery County Code
Chapter 20, Finance
Section 20-14
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double
boldface brackets]]
* * *
Heading or defined term.
Added to existing law by original bill.
Deleted from 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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BILL
No. 34-10
1
Sec.
1.
Section 20-14 is amended as follows:
20-14. Definition of "public facilities."
2
3
4
As used in this Chapter,
public facilities
means:
*
extension,
acquisition,
improvement,
*
*
alteration,
repair,
or
5
6
7
However,
public facilities
does not include the construction, reconstruction,
enlargement,
~
modernization of any building or facility owned
by
private for-profit or non-profit
8
9
entity, excluding any fire, rescue, and emergency medical service facility subject to
Chapter 21.
Approved:
Nancy Floreen, President, County Council
Date
Approved:
Isiah Leggett, County Executive
Date
This is a correct copy o/Council action.
Linda M. Lauer, Clerk of the Council
Date
@laW\bilIS\1 034 finance - public facilities - private projects\bill 1.doc
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LEGISLATIVE REQUEST REPORT
Bill 34-10,
Finance
-
Public Facilities
-
Private Projects
DESCRIPTION:
Bill 34-10 amends the definition of public facilities in Chapter 20 to
exclude the construction, reconstruction, extension, acqUIsitIOn,
improvement, enlargement, alteration, repair, or modernization of any
privately owned building or facility.
County law could be interpreted to allow the use of general obligation
bonds to fund private projects that meet the definition of public facilities
in §20-14.
PROBLEM:
GOALS AND
OBJECTIVES:
To clarify County law such that private projects are not eligible to be
funded by general obligation bonds.
COORDINATION:
Department of Finance
FISCAL IMPACT:
To be requested.
ECONOMIC
IMPACT:
To be requested
SOURCE OF
INFORMATION:
Amanda Mihill, Legislative Analyst, 240-777-7815
APPLICATION
WITHIN
MUNICIPALITIES:
To be researched.
PENALTIES:
None.
F:\Law\Bills\J 034 Finance· Public Facilities· Private Projects\Lrr.Doc