AGENDA ITEM #13
May 11,2010
Public Hearing
MEMORANDUM
May 7, 2010
TO:
FROM:
SUBJECT:
County Council
Amanda Mihill, Legislative
Analys~lui.U
Public Hearing:
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. Action is
tentatively scheduled for May 20.
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 FY12. 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
Circle
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F;\LA W\SILLS\1032 Municipality Library Payment\Public Hearing Memo.Doc
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Expedited Bill No.
32-10
Concerning: Administration
Public
Libraries
Payments
to
Municipalities
Revised:
4/27/2010
Draft No.
L
Introduced:
May 4,2010
Expires:
November 4, 2011
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective:
July 1 2010
Sunset Date: June 30, 2012
Ch, _ _, Laws of Mont. Co. _ __
I
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 ofthe 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.
(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 finality, of the real and
personal property in that
municipality~
or
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lower amount approved in the annual operating budget or
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Council resolution.
F or 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
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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:
Nancy F1oreen, 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
f:\law\bills\1032 municipality library payment\bill2,doc
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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 Mihill, 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
WITIDN
MUNICIPALITIES:
PENALTIES:
N/A
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