AGENDA ITEM #8B
February 5, 2013
Action
MEMORANDUM
TO:
FROM:
County Council
Amanda Mihill, Legislative
Attornev<,1v'f~
~
Michael Faden, Senior Legislative
AYt6~ey
Action:
Bill 39-12, Technical Corrections
SUBJECT:
Bill 39-12, Technical Corrections, sponsored by the County Council, was introduced on
December 4,2012. A public hearing was held on January 22.
Bill 39-12 corrects technical, typographical, grammatical, and codification errors in, and makes
stylistic, clarifying, and conforming amendments to, several provisions in County law. This bill
represents an accumulation of technical and stylistic errors that individually were not significant
enough to warrant separate corrective legislation, but which now cumulatively justify a technical
corrections bill. This legislation is largely a result of the continuous vigilance and technical
skills of Sharon Gemperle of the County Attorney's Office, who is responsible for editing the
County Code.
Financial Disclosure Statements
Bill 39-12 would specify that each employee in a non-merit
position is required to file a public financial disclosure statement to the extent that they are not
already required to do
so.
In 2007, the Council enacted Expedited Bill 6-07, Structure of County
Government - Non-merit Positions, which increased the number of non-merit positions in the
Executive Branch. Bill 6-07 failed to expressly require that the holder of each new non-merit
position would be required to file a public disclosure statement. This Bill makes this conforming
change. Ethics Commission and County Attorney staff questioned whether the language on ©9,
line 181, would unintentionally cover employees who would not otherwise file disclosure
statements, such as temporary and seasonal employees. To clarify the scope of this provision,
Council staff recommends the following amendment on ©9, line 181:
{ill
any [[employee in]] officer holding Cl position <.iesignatedby law as
~
non-merit
position;
Council Administrator
Bill 39-12 would replace the title "Council Staff Director" with
"Council Administrator" throughout County law. This amendment would align the position title
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with the actual duties being perfonned for the Legislative Branch and with the title used in
comparable Maryland counties.
Retirement System amendment
The County Attorney recommended an amendment to County
Code §33-35 to correct an omission in a 1996 bill affecting the statutory limits on compensation
for purposes of pension contributions that certain County employees can make. See County
Attorney memorandum on ©29. Council staff concurs with the County Attorney and
recommends this amendment.
This packet contains:
Bill 39-12
Legislative Request Report
Fiscal and Economic Impact Statement
County Attorney memo
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Bill No. _ _ _
--=39~-..!..:12=___
_ _ __
Concerning: Technical Corrections
Revised:
1/30/2013
Draft No.
Introduced:
December 4, 2012
Enacted:
June 4,2014
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ __
Sunset Date: _N'-"o=n=e_--::-_ _ __
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: County Council
AN ACT
to correct technical, typographical, grammatical, reference, and codification errors in, and
make stylistic, clarifying, and conforming amendments to, various provisions of County law.
By amending
Montgomery County Code
Chapter 1, General Provisions
Sections 1-18 and 1-203
Chapter 1A, Structure of County Government
Sections 1A-101, 1A-102, lA-lOS, 1A-108, 1A-109, 1A-204
Chapter 2, Administration
Sections 2-42A, 2-76, 2-128, and 2-140
Chapter 19, Erosion, Sediment Control and Storm Water Management
Sections 19-21 and 19-22
Chapter 19A, Ethics
Sections 19A-17 and 19A-32
Chapter 20, Finance
Section 20-32
Chapter 22, Fire Safety Code
Sections 22-3 and 22-37
Chapter 22A, Forest Conservation Trees
Section 22A-3
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BILL
No. 39-12
Chapter 24A, Historic Resources Preservation
Section 24A-9
Chapter 29, Landlord-Tenant Relations
Section 29-47
Chapter 33, Personnel and Human Resources
Sections 33-37,33-42, 33-42A, 33-59, 33-120, and 33-128
Chapter 42, Revenue Authority
Section 42-28
Chapter 44, Schools and Camps
Section 44-3
Chapter 49, Streets and Roads
Section 49-33
Chapter 51, Swimming Pools
Sections 51-1 and 5I-16A.
Chapter 52, Taxation
Section 52-1 lA, 52-I8Q, 52-21, and 52-53
1992 Laws of Montgomery County, Chapter 4
Section 3
2011 Laws of Montgomery County, Chapter 1
Section 2
Boldface
Underlining
[Single boldface brackets]
Llo.uble 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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BILL
No. 39-12
1
Sec.
1.
Sections 1-18, 1-203, 1A-101, 1A-102, 1A-105, 1A-108, 1A-109,
1A-204, 2-42A, 2-76, 2-128, 2-140, 19-21, 19-22, 19A-17, 19A-32, 20-32,22-3,
22-37, 22A-3, 24A-9, 29-47, 33-37, 33-42, 33-42A, 33-59, 33-120, 33-128, 42-28,
44-3, 49-33, 51-1, 51-16A, 52-11A, 52-18Q, 52-21, and 52-53 are amended as
follows:
1-18. Enforcement procedures.
(a)
Definitions.
In Sections 1-18, 1-19 and 1-20:
2
3
4
5
6
7
8
*
*
(C) ]an]
~
*
*
*
*
9
10
11
12
(2) County law means any provision of:
law, ordinance,. or subdivision [regulation]
amendment enacted under [the Regional District Act]
Division II of the Land Use Article of the Maryland
Code;
13
14
15
'"
municipalities.
*
*
16
17
18
19
1-203. Applicability of County legislation [within municipal corporations] in
*
(e)
*
'"
Categories of County legislation applicable [within municipal
corporations] in municipalities.
20
21
*
*
'"
22
23
24
25
(2) Notwithstanding subsections (c)(2) and (c)(3) [of this section],
the following categories of County legislation, if otherwise
within the scope of legislative powers granted to the County by
the General Assembly, shall nevertheless apply [within the
boundaries of] in all [municipal corporations] municipalities in
the County:
26
27
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No. 39-12
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*
(B)
*
*
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30
31
32
33
County revenue or tax legislation, subject to [the
provisions of] the Tax-Property Article [or Article 81,
Annotated Code of Maryland 1957, as amended] of the
Maryland Code.
lA-lOt.
Scope
of article.
34
*
(c)
*
*
*
*
35
36
37
38
List of appointed officials.
*
(4)
(optional).
[Staff Director of the County Council] Council administrator
39
40
41
42
*
*
(d)
*
*
*
*
lA-102.
Process
for appointing and confirming officials.
[Staff Director ofthe] Council Administrator.
43
44
45
(1)
There is a position of [Staff Director] Council Administrator.
The Council may appoint someone to fill this position.
(2)
The [Staff Director] Council Administrator must be a
professionally qualified administrator.
46
47
48
(3)
The [Staff Director] Council Administrator
system employee.
IS
not a merit
49
50
(4)
An appointment must be by a majority vote of Councilmembers
in office.
51
52
lA-lOS. Acting officials.
(a)
Scope.
This Section applies to acting:
53
54
*
(5)
*
*
*
*
[Staff directors of the council] Council Administrators.
55
*
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(f)
[Acting StaffDirector o/the] Council Administrator.
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(1)
If the position of [Staff Director] Council Administrator
IS
vacant, the Council may appoint an acting [Staff Director]
Council Administrator.
(2)
[a.] (A) If the [Staff Director] Council Administrator becomes
temporarily absent or disabled, the Council may appoint
an acting [Staff Director] Council Administrator.
(b.)
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61
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63
an
If the Council does not appoint an acting [Staff Director]
Council Administrator under this paragraph, the [Staff
Director] Council Administrator may appoint an acting
[Staff Director] Council Administrator.
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65
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(3)
An acting [Staff Director] Council Administrator, who is not a
merit system employee, must be a professionally qualified
administrator.
69
70
71
*
(h)
*
*
*
*
Removal.
72
73
74
*
(2)
The [council] Council may remove an acting [staff director]
Council Administrator at any time.
75
76
lA-lOS. Salaries
of Planning
Board members.
The annual salary of each member of the Planning Board, other than the
member designated as the full-time member under Division II of the Land Use
Article of the Maryland Code [Art. 28,] Section [2-104] 15-107, is $24,400, in
addition to any salary the member receives under Section [2-104] 15-108 as a
member of the Maryland-National Capital Park and Planning Commission.
lA-109. Delegation of Authority; Sub-delegation.
77
78
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80
8!
82
*
*
*
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(j)
Section IA-I05 exclusively governs the appointment of an acting:
84
*
(5)
*
*
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Council [Staff Director] Administrator.
lA-204. Supervision of offices and appointment of heads.
*
(b)
Legislative Branch.
(1)
*
*
Office of the County Council.
[a.] CA) The Council appoints the [Staff Director] Council
Administrator as provided for in Section IA- 102(d), and
may give direction to members of the Council's staff. In
the absence of direction from the Council, officers of the
Council may give directions to the Council's staff.
[b.]
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91
92
93
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95
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99
an
Except for the Clerk of the Council, the [Staff Director
of the County] Council Administrator or another person
designated by the Council appoints and supervises all
merit system employees of the Office.
[c.]
.cg
Under the merit system laws, the County Council
appoints and removes the Clerk of the Council by a
resolution approved by a majority of all councilmembers
in office.
The [Staff Director] Council Administrator
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101
102
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104
105
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107
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supervises the Clerk on all matters.
(2)
Office of Legislative Oversight.
[a.] (A)
[b.]
[c.]
an
.cg
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
[d.] (ill
[e.]
tID
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(4)
Office of Zoning and Administrative Hearings.
[A.] (A} The County Council, by a majority vote of
Councilmembers in office, may appoint one or more
hearing examiners of the
Administrative Hearings,
Office of Zoning and
designate a hearing
111
112
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115
and
examiner or the Council [Staff Director] Administrator as
Director of the Office.
[B.]
(ill
[C.]
(Q
[D.] ill}
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117
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120
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
2-42A. Functions, powers, and duties.
(d)
Duties of the Department.
121
122
123
*
(3)
124
125
126
The Department provides staff support to:
*
(C)
the Community Action [Committee] Board;
127
128
129
130
131
132
133
134
*
*
2-76. Exercise of zoning, planning and subdivision powers.
The procedures for the Council to exercise its powers of zoning, planning or
subdividing shall be as prescribed by [the Regional District Act, article 28 of the
Annotated Code of Maryland] Division II of the Land Use Article of the Maryland
Code; by other applicable law enacted by the General Assembly of Maryland; by
the zoning or subdivision [ordinances] laws; or otherwise as prescribed by the
Council by law.
2-128. Appointment of County Attorney as Assistant State's Attorney; powers,
duties.
135
136
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*
(b)
*
*
Assistant State's Attorneys so appointed have the same powers as an
Assistant State's Attorney appointed under other applicable law and
must assist the State's Attorney in prosecuting violations of:
(10) any other[,] law, rule, regulation, or ordinance adopted by the
Council.
139
140
141
142
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144
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148
149
150
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152
153
154
155
156
*
2-140. Powers, duties and functions.
*
*
*
(b)
*
*
The Office may act as an administrative office or agency designated
by the District Council, as prescribed in [the Regional District Act
(Article 28 of the Maryland Code)] Division II of the Land Use
Article of the Maryland Code.
<*
*
19-21. Definitions.
*
In this Article, the following words and phrases have the following
meanings unless the context indicates otherwise:
*
*
*
Administrative waiver:
A decision by the Department to allow the
construction of a development to be governed by the County stormwater
management law in effect as of May 4, 2009. An administrative waiver is
distinct from a waiver granted under Section [19-25] 19-24.
157
158
159
160
161
162
163
164
*
19-22. Watershed management plans.
*
*
*
*
*
(b)
The Board should prepare functional master plans under [Article 28]
Division II of the Land Use Article of the Maryland Code to preserve,
conserve, and manage natural resources in each of the County's
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watersheds for the County Council's reVIew and approval.
Each
functional master plan should address land use, impervious impact on
streams and waterways, stream buffers, wildlife and stream habitat,
forest preservation, and other issues related to the permitting of
stormwater management facilities and the development of watershed
management plans
19A-17. Who must file a financial disclosure statement.
(a)
The following persons must file a public financial disclosure
statement under oath:
*
(2)
*
*
the following public employees:
(A)
Chief Administrative Officer and any Deputy Chief
Administrative Officer;
(B)
(C)
special assistants to the County Executive;
director and deputy director of each department, principal
office, and office in the County government;
CD)
any employee in
~
non-merit position;
[(D)]
(ID
members of the County Board of Appeals;
[(E)]
®
members of the Commission; and
*
*
[(F)]
ill}
members of the Merit System Protection Board;
*
19A-32. Removal for failure to file financial disclosure statement.
(a)
If
a public employee does not file a complete financial disclosure
statement when required to under Section 19A-18, the Chief
Administrative Officer (for employees in the Executive [branch]
Branch) or the [County] Council [staff director] Administrator (for
employees in the [legislative branch] Legislative Branch) may remove
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the employee from employment with a County agency or from
membership on a board, commission or similar body, paid or unpaid.
Before an employee is removed for failing to file a financial
disclosure statement, the County Attorney must give the employee 30
days notice of the proposed removal.
The Chief Administrative
Officer and the Council [staff director] Administrator must not
remove an employee if the employee files the required financial
disclosure statement within the time specified in the notice.
Section does not apply to an elected public employee.
This
*
20-32. Legislative purpose.
*
*
(a)
Under the authority of [[Article 44A]] Title 16 of the Housing and
Community Development Article of the Maryland Code, Montgomery
County, may, at any time and from time to time, guarantee, upon its
full faith and credit, revenue bonds of the Housing Opportunities
Commission in a total amount not exceeding $50,000,000 to finance
the acquisition, provision, development, or rehabilitation of housing at
rental rates and prices not being offered in adequate quantity by the
private sector, or to finance in whole or in part mortgage loans
secured by such housing, and to fund related reserves and costs
approved under Title 16 of the Housing and Community Development
Article [44A] of the Maryland Code and this Chapter.
*
22-3. Construction and scope of chapter.
*
*
*
*
*
(e)
This Chapter does not render any other applicable law or regulation
invalid. If a conflict arises between this Chapter and another law or
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regulation, the fire marshal and the head of the agency responsible for
enforcing the connicting law or regulation must agree which applies.
If they cannot agree, any remaining conflict must be referred to the
Fire Chief. The decision of the Fire Chief in any matter relating to
fire safety is finaL [However, any person aggrieved by the decision
may appeal to the County Board of Appeals under Chapter 2.] Within
30 days after any remaining conflict has been resolved, the Fire Chief
and the head of the agency responsible for enforcing the conflicting
law or regulation must forward to the County Executive a joint
proposal to amend a law or regulation to eliminate the conflict.
22-37. Regulating fire extinguisher service.
The Fire Chief must:
*
*
*
[(4)]
@
[To] issue certificates of registration for those firms that qualify
under these regulations to engage in the business of servicing portable
fire extinguishers, and issue licenses, apprentice permits, and
authority to perform hydrostatic testing to the qualified persons.
22A-3. Definitions.
In this Chapter, the following terms have the meanings indicated:
*
*
*
239
240
241
242
District Council
means the County Council in its capacity, under [Article
28] Division II of the Land Use Article of the Maryland Code, to act on planning
[the] and zoning [matters] for the Maryland-Washington Regional District.
*
*
*
243
244
245
Mandatory referral
means the required review by the Planning Board of
projects or activities to be undertaken by [governmental] government agencies and
private and public utilities under Section [7-112 of Article 28] 20-301 of the Land
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No. 39-12
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248
Use Article of the Maryland Code.
*
24A-9.
Demolition
by
neglect.
*
*
249
250
251
252
253
254
255
256
257
258
259
260
261
262
263
264
265
266
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272
In [the event of] a case of demolition by neglect of an historic resource on
public or private property, the following provisions shall apply:
*
(b)
*
*
If the historic resource is listed in the "Locational Atlas and Index of
Historic Sites in Montgomery County, Maryland," or the microfilmed
addenda to [such] that atlas, published by the Maryland-National
Capital Park and Planning Commission, the Director shall advise the
Planning Board which, after receiving the recommendation of the
Commission, shall conduct a public hearing to determine whether the
historic resource will be designated as an historic site or historic
district in the master plan for historic preservation.
*
(2)
*
*
Where the Planning Board determines that the historic resource
in all likelihood will be included in the master plan for historic
preservation, the Planning Board shall initiate an amendment to
the master plan for historic preservation [pursuant to the
provisions of article 28] under Division II of the Land Use
Article of the [Annotated Code of] Maryland Code.
*
*
*
*
29-47. Commission action when violation found.
*
(b)
*
If the Commission or panel finds that a landlord has caused a
defective tenancy,
it
may award each party to the complaint one or
more of the following remedies:
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290
291
292
293
294
295
296
297
298
299
*
(3)
*
*
An award under Section [29-10(c)] 29-10(b) of up to three
times the amount of any security deposit that the landlord has
wrongfully
withheld.
When making this
award,
the
Commission must consider the egregiousness of the landlord's
conduct in wrongfully withholding all or part of the deposit,
whether the landlord acted in good faith, and any prior history
by the landlord of wrongful withholding of security deposits;
*
*
(0
*
*
*
33-37. Membership requirements and membership groups.
*
Membership groups and eligibility.
Any full-time or part-time
employee is eligible for membership in the appropriate membership
group if the employee meets all of the requirements for the group:
*
(4)
*
*
Group E: The Chief Administrative Officer, the Council [Staff
Director] Administrator, the hearing examiners, the County
Attorney and each head of a principal department or office of
the County government, if appointed to that position before
July 30, 1978, or a member having held that position on or
before October I, 1972. Any sworn deputy sheriff and any
County correctional staff or officer as designated by the chief
administrative officer. Any group E member who has reached
elective early retirement date may retain membership
in
group
E if the member transfers from the position which qualified the
member for group E. Any group E member who is temporarily
transferred from the position which qualified the member for
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group E may retain membership in group E as long as the
temporary transfer from the group E position does not exceed 3
years. Notwithstanding the foregoing provisions in group E,
any employee who is eligible for membership in group E must
participate in the guaranteed retirement income plan or the
retirement savings plan under Article VIII if the employee:
*
(k)
*
*
Election to join the guaranteed retirement income plan.
[(5)]
®
An individual who is an elected official after December 6,
2010 who participates in the elected officials' plan may make a
one-time irrevocable decision to terminate participation in the
elected officials' plan and participate in the guaranteed
retirement income plan. An elected official must make this
decision during the first 150 days after becoming an elected
official.
If
an eligible elected official decides to participate,
participation must begin on the first pay period after the elected
official has been in office for 180 days. An elected official who
decides to participate must have his or her elected officials'
plan account balance transferred to the guaranteed retirement
income plan.
The amount transferred into the guaranteed
retirement income plan must become the participant's initial
guaranteed retirement income plan account balance. An elected
official who does not participate in the guaranteed retirement
income plan must continue to participate in the elected
officials' plan.
33-42. Amount of pension at normal retirement date or early retirement date.
*
*
*
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353
(i)
Retirement incentive Program:..
*
(5)
*
*
Approval.
The Chief Administrative Officer must approve a
request to participate in the program from a member employed
in the Executive Branch.
The Council [Staff Director]
Administrator must approve a request to participate in the
program from a member employed in the Legislative Branch.
If more than 20% of members eligible to participate in the
Executive Branch, either Countywide or by department, apply
to participate in the program, the Chief Administrative Officer
may limit the number of participants, either on a Countywide or
department basis. If more than 20% of members eligible to
participate in the Legislative Branch apply to participate in the
program, the Council [Staff Director] Administrator may limit
the number of participants. The Chief Administrative Officer
and the Council [Staff Director] Administrator must base any
limits on the number of participants on years of service with the
County. Years of service with the County must not include
service with a participating agency, purchased service, or sick
leave.
33-42A. 2010 Retirement Incentive Program.
*
(g)
*
*
Approval.
The Chief Administrative Officer must approve a request
to participate in the program from a member employed in the
Executive Branch. The Council [Staff Director] Administrator must
approve a request to participate from a member employed in the
Legislative Branch.
The Chief Administrative Officer and the
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BILL
No. 39-12
354
355
356
357
358
359
360
361
362
363
364
365
366
367
368
369
370
371
372
373
374
375
376
377
378
379
380
Council [Staff Director] Administrator must not approve more
applications from an affected class than the number of positions that
are abolished in the affected class. The Chief Administrative Officer
and the Council [Staff Director] Administrator may disapprove an
application if a vacancy created by a member participating in the
program cannot be filled by a member of an affected class. If more
members apply to participate in the program than the number of
positions abolished, the participants must be approved in order of
County seniority calculated under the RIF personnel regulation in the
following order:
*
33-59. Board of investment trustees.
*
*
*
*
*
*
(b)
Membership.
*
(2)
*
The County Executive must appoint 4 voting, ex officio
members of the Board, subject to County Council confirmation
as members, who serve indefinitely while each holds the
respective office. These ex officio trustees should be:
*
(D)
33-120. Distribution of Benefit.
*
*
the [Staff Director of the County] Council Administrator.
*
(g)
*
*
Direct rollover distributions. Notwithstanding any provision of this
Division that would otherwise limit a participant's election under this
Section, a participant or beneficiary may elect in any manner
prescribed by the Chief Administrative Officer at any time to have
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BILL
No. 39-12
381
382
383
384
385
386
387
388
389
390
391
392
393
394
395
396
397
398
399
400
401
402
403
any portion of an eligible rollover distribution paid directly to an
eligible retirement plan specified by the participant in a direct
rollover. As used in this subsection:
(1)
[a]
direct rollover means a payment from the retirement savings
plan to the eligible retirement plan specified by the participant.
*
33-128. Definitions.
*
*
*
*
*
the individual's impairment.
Residual functional capacity
means what the individual can still do, despite
The County must give the term residual
functional capacity the same meaning as the term is given
l2.y
the Social
Security Administration.
Substantial gainful activity
means
f!
level of productive work that requires
significant physical or mental duties, or
f!
combination of both, performed
for
Pf!Y
or profit on
f!
full- time or part-time basis.
An
individual is able to
perform
f!
substantial level of work if the individual is able to earn more than
the Social Security Administration's current monthly earnings limit for
f!
disabled person. The County must give the term substantial gainful activity
the same meaning as the term is given
l2.y
the Social Security Administration.
*
*
*
42-28. Projects subject to planning, subdivision,2 and zoning laws.
Construction of any project by the Authority is subject to County planning,
subdivision, and zoning laws and regulations and those of any planning
commission with jurisdiction over the facility or project to the same extent as those
laws and regulations apply to a project owned and built by a government agency.
The Authority must refer each project that
it
intends to build to the County
Planning Board for its review and comment, as required by Section [7-112] 20­
404
405
406
407
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BILL
No. 39-12
408
409
410
301, et.
~
of [Article 28] the Land Use Article of the Maryland Code, before the
Authority includes the project in its capital budget under Section 42-13.
44-3. Interagency Coordinating Board.
411
*
(b)
ex officio members.
(1)
*
*
412
413
Membership.
The Board consists of voting members and nonvoting,
414
415
416
417
418
419
420
421
422
423
424
425
426
427
428
429
430
431
The voting members are:
*
(E)
*
*
[staff director]
Council
a Councilmember or the
Administrator or a senior staff member of the County
Council.1 who represents the Council;
*
49-33. Road construction requirements.
*
*
*
*
*
(k)
Ground cover.
(1)
A property owner may plant and maintain ground cover in a
public right-of-way adjacent to the owner's property if the
owner:
(A)
complies with [regulations] guidelines issued under
paragraph (3);
*
51-1. Definitions.
*
*
*
Lifeguard
means a person who:
[(1)]
*
*
432
433
434
ill
is at least 15 years old; and
Young Men's Christian Association, or a comparable program
[(2)]
{hl
has a valid lifeguard certificate from the American Red Cross, the
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BILL
No. 39-12
435
436
437
438
approved by the Director of the Department of Health and Human
Services.
*
*
*
Pool management company
means any person, cooperative, association,
partnership, firm, or corporation, excluding a pool operator, who is
responsible by contract or other agreement with the owner of a public
swimming pool for the operation of the public swimming pool, including:
[(1)]
439
440
441
442
443
444
445
446
447
448
449
450
ill
assuring compliance with all operating standards
hereunder];
[set forth] in this
Chapter and all [rules and] applicable regulations [promulgated
[(2)]
(hl
providing for the physical maintenance, supplies, and personnel as
required by this Chapter and all [rules and] applicable regulations
[promulgated hereunder]; and
[(3)]
W
obtaining all necessary permits and licenses.
*
*
*
and water
Private spa
means any outdoor bathing structure that is:
[(1)]
451
452
453
454
455
456
457
ill
a self-contained unit in which all control, water heating,
circulating equipment is an integral part of the unit;
[(2)]
(hl
built on the grounds of a single-family private residence;
[(3)]
W
used
and
solely by the owner, immediate family, tenants, and guests;
[(
4)]
@
not used for swimming, diving, or wading.
Private swimming pool
means any swimming pool that is:
[(1)]
458
459
460
ill
built on the grounds ofa single-family private residence; and
[(2)]
(hl
used solely by the owner, immediate family, tenants, and guests.
Public spa
means any public swimming pool that is:
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BILL
No. 39-12
461
462
463
464
465
466
467
468
469
470
471
472
[(1)]
ill
intended for public recreational and therapeutic uses other than
swimming, diving, or wading; and
[(2)]
{hl
is not drained, cleaned, or refilled for each user.
*
51-16A. Defibrillators
[(
d)]
(£1
*
*
*
*
*
*
*
*
[(e)]
@
52-IIA. Homeowners property tax credit.
(a)
Definitions.
In this section, the following words have the meanings
indicated.
(1)
The following words have the meanmgs defined in Section
9-104
of the Tax-Property Article of the Maryland Code:
473
474
475
476
477
478
479
480
481
482
483
484
485
486
487
*
*
(d)
Amount of credit
(1)
*
*
*
*
52-18Q. Property tax credit -energy and environmental design.
For a covered building, the amount of the credit is:
*
(C)
*
*
100/0
of the property tax owed on the building for 3 years,
if the building achieves a gold rating for LEED-EB or an
equivalent standard; [and] or
*
52-21. Levied; amount.
*
*
There is hereby levied a tax on (1) all transfers in the county of a fee simple
interest in real property, except by way of mortgage, deed of trust or deed of trust
for the benefit of creditors, (2) the initial transfer of stock or other evidence of
ownership in a cooperative housing corporation or similar entity, and (3) all
~
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Technical Correclions\BiII5 Staff Amendmenls.Doc
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BILL NO.
39-12
488
489
490
491
492
493
494
495
496
497
498
499
500
501
502
503
504
505
506
507
508
509
510
transfers of a leasehold interest in real property where the lease or instrument by
which a leasehold interest is demised contains a covenant for perpetual renewal,
known as ground rent. The tax shall be computed on the value of the full
consideration for such transfer at the following rates:
*
(1)
*
*
On condominium property, four (4) percent of the value of the
consideration for the initial transfer of a residential unit subject to a
condominium regime, which unit was offered for rent for residential
purposes prior to the establishment of the condominium regime.
*
(2)
this subsection where:
[a.].cAl
*
*
No transfer of any interest in real property shall be taxed under
*
*
*
[b.]
.au
The transfer is of a unit in a condominium regime
established by recording a declaration, bylaws and
condominium plat, [prior to] before July 28, 1980,
[pursuant to the provisions and requirements of the
Horizontal Property] under the Maryland Condominium
Act, [title] Title 11
[,]
of the Real Property Article[,] of
the Maryland Code [Annotated]. For purposes of this
subsection, residential units contained in an expanding
condominium
regime
established
by
recording
a
declaration, bylaws and condominium plat [prior to]
before July 28, 1980, but not added to the established
condominium regime by [said] that date, shall continue to
be exempt from taxation under this subsection [provided]
if the unit becomes a condominium unit in an established
511
512
513
514
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BILL
No. 39-12
condominium regime by the last date for establishment of
units in the expanded condominium as contained in the
declaration filed [prior to] before July 28, 1980, either as
a part of the original expanding condominium or as a part
of a separate condominium.
(g)
(2)
*
*
[a·l@
[b.]
Qll
[c.]
(Q
*
*
*
*
*
*
*
*
*
*
*
*
*
527
528
529
530
531
532
533
534
535
536
537
538
539
540
541
solely to fund County or municipal transportation improvements of
the types listed in Section 52-58 located anywhere in the County,
except as provided in subsections (c)[,] and (h)[, and (i)].
In
appropriating funds collected by the development impact tax, the
Council should, to the extent feasible, designate funds to be used for
transportation improvements in the policy area from which the funds
were collected or an adjacent policy area.
*
is amended as follows:
*
*
Sec. 2. Section 3 of Chapter 4 of the 1992 Laws of Montgomery County
Sec. 3. Contingency on Commission resolution.
Until express authority for Planning Board administration and enforcement
of Article II, as enacted in Section 1 of this Act, is provided under State law, this
Act is contingent on and does not become effective until the Maryland-National
Capital Park and Planning Commission adopts a resolution under Section [7-111(f)
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Corrections\BiII5
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Amendments.Doc
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BILL
No. 39-12
542
543
544
545
546
547
548
549
550
551
552
553
of Article 28] 20-207 of the Land Use Article of the Maryland Code allocating the
functions provided under this Act to the Montgomery County Planning Board.
Sec. 3. Section 2 of Chapter 1 of the 2011 Laws of Montgomery County
is amended as follows:
Sec. 2. The Council declares that this Act is necessary for the immediate
protection of the public interest.
This Act takes effect on [the date when it
becomes law] December
L
2010, and applies to any development located in the
White Flint impact tax district for which a building permit is issued on or after
December 1, 2010. If any development impact tax was collected under Article VII
of County Code Chapter 52 before this Act took effect for any development to
which this Act applies, the Director of Finance must promptly refund that tax as if
a refund were due and claimed under County Code Section 52-54.
Approved:
554
555
556
557
Nancy Navarro, President, County Council
Date
558
559
560
561
Approved:
Isiah Leggett, County Executive
Date
562
563
564
565
This is a correct copy a/Council action.
. Linda M. Lauer, Clerk of the Council
Date
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LEGISLATIVE REQUEST REPORT
Bill 39-12,
Technical Corrections
DESCRIPTION:
PROBLEM:
Makes technical, typographical, grammatical, and other non­
substantive corrections to County law.
Codifying several new laws revealed several technical and other non­
substantive errors that could confuse a person trying to follow or
enforce County law.
To correct technical and other non-substantive errors in the County
Code.
Council legal staff and County Attorney's Office.
To be requested.
To be requested.
Not applicable.
Not applicable.
Amanda Mihill, Council Staff (240) 777-7815
Sharon Gemperle, Office of the County Attorney (240) 777 ..6753
The applicability of other provisions in municipalities follows the
applicability of the underlying provision of the County Code.
Not applicable.
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
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fOfLL
39 -12.­
-
071.298
MEMORANDUM
January
q,
2013
cc
5~
l.';""
fl\F
TO:
FROM:
N aney Navarro, President County Council
Jennifer A. Hughes, Director, Office ofManagement and
Joseph F. Beach, Director, Department of Finance
Council
Bill39~12,
Technical Corrections
SUBJECT:
Please find attached the
fiscal
and economiC impact statements for the above­
referenced legislation.
JAH:pw
c: Kathleen Boucher, Assistant Chief Administrative Officer
Lisa Austin, Offices ofthe County Executive
Joy Nurmi. Special Assistant to the County Executive
Patrick Lacefield, Director, Public Information Office
Joseph F. Beach, Director, Department of Finance
Michael Coveyou, Department ofFinance
Nancy Moseley, Department of Finance
Linda Herman, Montgomery County Retirement Plans
Dennis Via, Office ofthe County Attorney
Karen
Federman~Henry,
Office ofthe County Attorney
Philip Weeda, Office ofManagement and Budget
Amy Wilson, Office ofManagementand Budget
Ayo Apollon, Office ofManagement and Budget
I
-.....J
'
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Fiscal Impact Statement
Council
Bill 39-12,
Technical Corrections
1. Legislative Summary.
Council Bill 39-12 provides technical, typographical, grammatical, reference, and
codification errors in, and makes stylistic, clarifying, and conforming amendments to
various provisions in the law.
2.
An
estimate of changes
in
County revenues and expenditures regardless of whether the
revenues or expenditures are assumed in the recommended or approved budget. Includes
source of information, assumptions, and methodologies used.
The Ethics Commission, Department of Environmental Protection, Departnient of Fire
and Rescue Service, Department of Finance, Office of Human Resources, and the County
Attorney's Office do not believe the proposed legislation, that revises certain chapters in
the County Code,
will
pose a fiscal impact on their respective budgets.
3. Revenue and expenditure estimates covering at least the next 6 fiscal·years.
Not Applicable
4.
An
actuarial analysis through the entire amortization period for each bill that would affect
retiree pension or group insurance costs.
Not Applicable
5. Later actions that may affect future revenue and expenditures if the bill authorizes future
spending.
Not Applicable
6.
An
estimate ofthe staff time needed to implement the bill.
Additional staff time is not required.
7.
An
explanation ofhow the addition ofnew staff responsibilities would affect other duties.
Not Applicable
8.
An
estimate of costs when an additional appropriation is needed.
Not Applicable
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9. A description of any variable that could affect revenue and cost estimates.
Not Applicable
10. Ranges ofrevenue or expenditures that are uncertain or difficult to project.
Not Applicable
11.
If
a bill is likely to have no fiscal impact, why that is the case.
The bill provides technical, typographical, grammatical, reference, and codification errors
in, and makes stylistic, clarifying, and conforming amendments to various provisions in
the law.
12. Other fiscal impacts or comments.
None
13. The following contributed to and concurred with this analysis:
Robert Cobb, Ethics Commission
Bryan Hunt, Department ofEnvironmental Protection
Linda Herman, Montgomery County Retirement Plans··
Dennis Via, County Attorney's Office
Karen Federman-Henry, County Attorney's Office
Nancy Moseley, Department of Finance
Philip Weeda, Office of Management and Budget.
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Economic Impact Statement
Council Bill 39-12, Technical Corrections
Background:
Council Bill 39-12 corrects technical, typographical, grammatical, reference, and
codification errors in, and makes stylistic, clarifying, and conforming amendments
to various provisions in the law.
1. The sources of information, assumptions, and methodologies used.
The bill only corrects technical, typographical, grammatical, reference, and codification
errors in, and makes stylistic, clarifying, and conforming amendments to various
provisions in the law.
It
has no substantive impact beyond clarifying the law.
2. A description of any variable that could affect economic impact statements.
See #3 below.
3. The bill's positive or negative effect,
if
any on employment, spending, saving,
investment, incomes, and property value in the County.
Not applicable. The bill only corrects technical, typographical, grammatical, reference,
and codification errors in, and makes stylistic, clarifying, and conforming amendments to
various provisions in the law. It has no substantive impact beyond clarifying the law.
4 .
If
a bill is likely to have no economic impact, why is that the case?
.
See #3 above.
5. The following contributed to and concurred with this analysis: David Platt and Mike
Coveyou, Finance.
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.. I
.",
>"
" t , .. \
i
;..c:t.I.*.k.
OFFICE OF THE COUNTY ATTORNEY
Isiah
Leggett
County Executive
Marc P. Hansen
County Attorney
MEMORANDUM
TO:
Mike Faden
Senior Legislative Attorney
Marc Hansen/Y1a,.;...
It:-
County Attorney
January 22, 2013
Technical Correction Bill 39-12
FROM:
II~
DATE:
RE:
I request that Bill 39-12 be amended to make a technical correction to
§
33-35. The requested
correction is:
.
County Code Section 33-35
Regular earnings:
Except as otherwise provided, gross pay for actual hours worked,
including paid leave, but not including overtime. To calculate regular earnings, for FYIO
only, a Group A, E, or H member who is employed on July 1, 2009 and participates in the
integrated or optional plan must include amoWlts as if the member had received an
increase of 4.5% in the member's gross pay as of July 1, 2009, except for the purpose of
calculating a member's contribution Wlder Section 33-39. To calculate regular earnings,
for FYI0 only, for a Group F member who is employed on July 1, 2009 and participates
in the integrated or optional plan -must include amounts as if the member had received an
increase of 4.25% in the member's gross pay as of July 1,2009, except for the purpose of
calculating a member's contribution under Section 33-39. To calculate regular earnings,
for FYlO only, for a Group G member who is employed on July 1, 2009 and participates
in the integrated or optional plan must include amounts as if the member had received an
increase of 4% in the member's gross pay as of July 1, 2009, except for the purpose of
calculating a member's contribution under Section 33-39. If a member is required to take
any furlough, as defined in personnel regulations adopted under Section 33-7(b), or a
collective bargaining agreement, regular earnings must include any amount the member
101 Monroe Street, Rockville, Maryland 20850-2540' marc.hansen@montgomerycountymd.gov
240-777-6700· TTD 240-777-2545 • Fax 240-777-6705
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I
',I
I
II
would have received if the member had not been required to take any furlough. Regular
earnings for an elected official is gross pay for services rendered to the County. Regular
earnings must not exceed the limit under Internal Revenue Code Section 401(a)(17), as
adjusted by the Internal Revenue Service. For
!!
member who flrst became
!!
member in
this retirement system before July
1.
1996, the limits as in effect before July
1.
1993, and
as adjusted
Qy
the Internal Revenue Service, shall continue to
~
Gross pay must be
used
to
determine benefits even if the County implements a pick-up plan under Section
414 of the Internal Revenue Code. Gross pay must be used to determine benefits even if a
member has agreed to a reduction in earnings under:
(a)
The County's deferred compensation plan under Section 457 of the Internal
Revenue Code; or
(b)
Any statutory fringe benefit program sponsored by the County and permitted by
the Internal Revenue Code.
The explanation for this requested technical correction follows.
Explanation
Federal Tax Law
Internal Revenue Code Section 401(a)(17) limits the annual compensation used to calculate
qualified plan retirement beneflts. Before 1996, the limit was $200,000. In August 1993, in the
Omnibus Budget Reconciliation Act of 1993 (OBRA '93), Congress lowered the compensation
limit to $150,000. Congress included in OBRA, a grandfather rule for certain participants of
governmental plans. Under the grandfather rule, the annual compensation limit contained in
OBRA '93 would not apply to those who became plan participants before January 1, 1996 and
instead the pre OBRA limits would apply (Le., $200,000 as indexed). In order to apply the
grandfather rule, the government had to timely adopt the rule by amending their plan.
If a plan adopted the grandfather rule, the following compensation limits apply for the years
indicated:
2012:
2011:
2010
2009
2008
2007
$375,000
$360,000
$360,000
$360,000
$345,000
$335,000
County Council Action
On June 11, 1996, the County Council introduced Bill 23-96 legislation to incorporate the
lowered compensation limits in the County's retirement law. Before introduction, the Council's
attorney sent the proposed language
to
an outside employee benefits attorney. When introduced
the Bill contained language stating that individuals becoming members after June 30, 1996 were
101 Monroe Street, Rockville, Maryland 20850-2540· marc.hansen@montgomerycountymd.gov
240-777-6700· TID 240-777-2545· Fax 240-777-6705
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HI·
••
L
subject to the new limits and those individuals who were members before July 1, 1996 could use
the prior limits. The Bill packet contained letters from two employee benefits attorneys
recommending including the grandfather rule, although each doubted it would apply or be
meaningful.
At the Council's June 18 Management and Fiscal Policy Committee meeting, the Bill was
amended with a "proposed staff technical amendment". The Committee report recommended
approval of the Bill with technical amendments. Likewise, the final Bill packet also stated that
the Committee recommended approval of the Bill with technical amendments. While the
amended Bill provided that individuals becoming members would be subject to the new
provisions, the amendment deleted the language specifying that members before July 1, 1996
could use the prior limits. Generally, the IRS requires specific language.
To comply with subsequent changes to the compensation limit in Internal Revenue Code Section
401(a)(17),
Bill36~06
further amended the provision by deleting reference to $150,000 and the
1996 effective date reference.
Analysis
It is a reasonable interpretation to conclude that Council intended the Bill to provide that
members before July 1, 1996 could use the prior limits. The letters in the Bill packet from.
outside counsel recommending the inclusion of the rule supports this interpretation.
In
addition,
the introduced legislation contained the language. Finally, although it is unclear why the
Committee amended the Bill, the Council staff labeled the amendment as "technical" and the
Committee's report and the final Bill packet also labeled the changes as "technical".
Conclusion
The legislative history, on the whole, shows a legislative intent to allow the prior limits to apply
to eligible members. Therefore, I have advised, for members who were participants in the ERS
before July 1, 1996, using the pre OBRA limits in calculating their benefits. I recommend,
therefore, that an amendment to Technical Correction Bill 39-12 be made to conform the
language in
§
33-35 to conform to the legislative intent of Bill 23-96.
cc: Kathleen Boucher, Assistant Chief Administrative Officer
Karen Federman Henry, Chief, Division of Finance and Procurement
Linda Herman, Executive Director, Montgomery County Employee Retirement Plans
Amy Moskowitz, Associate County Attorney
101 Monroe Street. Rockville, Maryland 20850·2540' marc.hansen@montgomerycountymd.gov
240-777-6700· TID 240·777·2545' Fax 240-777·6705
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AGENDA ITEM #8B
February 5, 2013
Action
MEMORANDUM
TO:
FROM:
County Council
Amanda Mihill, Legislative
Attornev<,1v'f~
~
Michael Faden, Senior Legislative
AYt6~ey
Action:
Bill 39-12, Technical Corrections
SUBJECT:
Bill 39-12, Technical Corrections, sponsored by the County Council, was introduced on
December 4,2012. A public hearing was held on January 22.
Bill 39-12 corrects technical, typographical, grammatical, and codification errors in, and makes
stylistic, clarifying, and conforming amendments to, several provisions in County law. This bill
represents an accumulation of technical and stylistic errors that individually were not significant
enough to warrant separate corrective legislation, but which now cumulatively justify a technical
corrections bill. This legislation is largely a result of the continuous vigilance and technical
skills of Sharon Gemperle of the County Attorney's Office, who is responsible for editing the
County Code.
Financial Disclosure Statements
Bill 39-12 would specify that each employee in a non-merit
position is required to file a public financial disclosure statement to the extent that they are not
already required to do
so.
In 2007, the Council enacted Expedited Bill 6-07, Structure of County
Government - Non-merit Positions, which increased the number of non-merit positions in the
Executive Branch. Bill 6-07 failed to expressly require that the holder of each new non-merit
position would be required to file a public disclosure statement. This Bill makes this conforming
change. Ethics Commission and County Attorney staff questioned whether the language on ©9,
line 181, would unintentionally cover employees who would not otherwise file disclosure
statements, such as temporary and seasonal employees. To clarify the scope of this provision,
Council staff recommends the following amendment on ©9, line 181:
{ill
any [[employee in]] officer holding Cl position <.iesignatedby law as
~
non-merit
position;
Council Administrator
Bill 39-12 would replace the title "Council Staff Director" with
"Council Administrator" throughout County law. This amendment would align the position title
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with the actual duties being perfonned for the Legislative Branch and with the title used in
comparable Maryland counties.
Retirement System amendment
The County Attorney recommended an amendment to County
Code §33-35 to correct an omission in a 1996 bill affecting the statutory limits on compensation
for purposes of pension contributions that certain County employees can make. See County
Attorney memorandum on ©29. Council staff concurs with the County Attorney and
recommends this amendment.
This packet contains:
Bill 39-12
Legislative Request Report
Fiscal and Economic Impact Statement
County Attorney memo
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Bill No. _ _ _
--=39~-..!..:12=___
_ _ __
Concerning: Technical Corrections
Revised:
1/30/2013
Draft No.
Introduced:
December 4, 2012
Enacted:
June 4,2014
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ __
Sunset Date: _N'-"o=n=e_--::-_ _ __
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: County Council
AN ACT
to correct technical, typographical, grammatical, reference, and codification errors in, and
make stylistic, clarifying, and conforming amendments to, various provisions of County law.
By amending
Montgomery County Code
Chapter 1, General Provisions
Sections 1-18 and 1-203
Chapter 1A, Structure of County Government
Sections 1A-101, 1A-102, lA-lOS, 1A-108, 1A-109, 1A-204
Chapter 2, Administration
Sections 2-42A, 2-76, 2-128, and 2-140
Chapter 19, Erosion, Sediment Control and Storm Water Management
Sections 19-21 and 19-22
Chapter 19A, Ethics
Sections 19A-17 and 19A-32
Chapter 20, Finance
Section 20-32
Chapter 22, Fire Safety Code
Sections 22-3 and 22-37
Chapter 22A, Forest Conservation Trees
Section 22A-3
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BILL
No. 39-12
Chapter 24A, Historic Resources Preservation
Section 24A-9
Chapter 29, Landlord-Tenant Relations
Section 29-47
Chapter 33, Personnel and Human Resources
Sections 33-37,33-42, 33-42A, 33-59, 33-120, and 33-128
Chapter 42, Revenue Authority
Section 42-28
Chapter 44, Schools and Camps
Section 44-3
Chapter 49, Streets and Roads
Section 49-33
Chapter 51, Swimming Pools
Sections 51-1 and 5I-16A.
Chapter 52, Taxation
Section 52-1 lA, 52-I8Q, 52-21, and 52-53
1992 Laws of Montgomery County, Chapter 4
Section 3
2011 Laws of Montgomery County, Chapter 1
Section 2
Boldface
Underlining
[Single boldface brackets]
Llo.uble 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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BILL
No. 39-12
1
Sec.
1.
Sections 1-18, 1-203, 1A-101, 1A-102, 1A-105, 1A-108, 1A-109,
1A-204, 2-42A, 2-76, 2-128, 2-140, 19-21, 19-22, 19A-17, 19A-32, 20-32,22-3,
22-37, 22A-3, 24A-9, 29-47, 33-37, 33-42, 33-42A, 33-59, 33-120, 33-128, 42-28,
44-3, 49-33, 51-1, 51-16A, 52-11A, 52-18Q, 52-21, and 52-53 are amended as
follows:
1-18. Enforcement procedures.
(a)
Definitions.
In Sections 1-18, 1-19 and 1-20:
2
3
4
5
6
7
8
*
*
(C) ]an]
~
*
*
*
*
9
10
11
12
(2) County law means any provision of:
law, ordinance,. or subdivision [regulation]
amendment enacted under [the Regional District Act]
Division II of the Land Use Article of the Maryland
Code;
13
14
15
'"
municipalities.
*
*
16
17
18
19
1-203. Applicability of County legislation [within municipal corporations] in
*
(e)
*
'"
Categories of County legislation applicable [within municipal
corporations] in municipalities.
20
21
*
*
'"
22
23
24
25
(2) Notwithstanding subsections (c)(2) and (c)(3) [of this section],
the following categories of County legislation, if otherwise
within the scope of legislative powers granted to the County by
the General Assembly, shall nevertheless apply [within the
boundaries of] in all [municipal corporations] municipalities in
the County:
26
27
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No. 39-12
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*
(B)
*
*
29
30
31
32
33
County revenue or tax legislation, subject to [the
provisions of] the Tax-Property Article [or Article 81,
Annotated Code of Maryland 1957, as amended] of the
Maryland Code.
lA-lOt.
Scope
of article.
34
*
(c)
*
*
*
*
35
36
37
38
List of appointed officials.
*
(4)
(optional).
[Staff Director of the County Council] Council administrator
39
40
41
42
*
*
(d)
*
*
*
*
lA-102.
Process
for appointing and confirming officials.
[Staff Director ofthe] Council Administrator.
43
44
45
(1)
There is a position of [Staff Director] Council Administrator.
The Council may appoint someone to fill this position.
(2)
The [Staff Director] Council Administrator must be a
professionally qualified administrator.
46
47
48
(3)
The [Staff Director] Council Administrator
system employee.
IS
not a merit
49
50
(4)
An appointment must be by a majority vote of Councilmembers
in office.
51
52
lA-lOS. Acting officials.
(a)
Scope.
This Section applies to acting:
53
54
*
(5)
*
*
*
*
[Staff directors of the council] Council Administrators.
55
*
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No.
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(f)
[Acting StaffDirector o/the] Council Administrator.
57
58
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(1)
If the position of [Staff Director] Council Administrator
IS
vacant, the Council may appoint an acting [Staff Director]
Council Administrator.
(2)
[a.] (A) If the [Staff Director] Council Administrator becomes
temporarily absent or disabled, the Council may appoint
an acting [Staff Director] Council Administrator.
(b.)
60
61
62
63
an
If the Council does not appoint an acting [Staff Director]
Council Administrator under this paragraph, the [Staff
Director] Council Administrator may appoint an acting
[Staff Director] Council Administrator.
64
65
66
67
68
(3)
An acting [Staff Director] Council Administrator, who is not a
merit system employee, must be a professionally qualified
administrator.
69
70
71
*
(h)
*
*
*
*
Removal.
72
73
74
*
(2)
The [council] Council may remove an acting [staff director]
Council Administrator at any time.
75
76
lA-lOS. Salaries
of Planning
Board members.
The annual salary of each member of the Planning Board, other than the
member designated as the full-time member under Division II of the Land Use
Article of the Maryland Code [Art. 28,] Section [2-104] 15-107, is $24,400, in
addition to any salary the member receives under Section [2-104] 15-108 as a
member of the Maryland-National Capital Park and Planning Commission.
lA-109. Delegation of Authority; Sub-delegation.
77
78
79
80
8!
82
*
*
*
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No. 39-12
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(j)
Section IA-I05 exclusively governs the appointment of an acting:
84
*
(5)
*
*
85
86
87
88
89
Council [Staff Director] Administrator.
lA-204. Supervision of offices and appointment of heads.
*
(b)
Legislative Branch.
(1)
*
*
Office of the County Council.
[a.] CA) The Council appoints the [Staff Director] Council
Administrator as provided for in Section IA- 102(d), and
may give direction to members of the Council's staff. In
the absence of direction from the Council, officers of the
Council may give directions to the Council's staff.
[b.]
90
91
92
93
94
95
96
97
98
99
an
Except for the Clerk of the Council, the [Staff Director
of the County] Council Administrator or another person
designated by the Council appoints and supervises all
merit system employees of the Office.
[c.]
.cg
Under the merit system laws, the County Council
appoints and removes the Clerk of the Council by a
resolution approved by a majority of all councilmembers
in office.
The [Staff Director] Council Administrator
100
101
102
103
104
105
106
107
108
109
supervises the Clerk on all matters.
(2)
Office of Legislative Oversight.
[a.] (A)
[b.]
[c.]
an
.cg
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
[d.] (ill
[e.]
tID
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No. 39-12
110
(4)
Office of Zoning and Administrative Hearings.
[A.] (A} The County Council, by a majority vote of
Councilmembers in office, may appoint one or more
hearing examiners of the
Administrative Hearings,
Office of Zoning and
designate a hearing
111
112
113
114
115
and
examiner or the Council [Staff Director] Administrator as
Director of the Office.
[B.]
(ill
[C.]
(Q
[D.] ill}
116
117
118
119
120
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
2-42A. Functions, powers, and duties.
(d)
Duties of the Department.
121
122
123
*
(3)
124
125
126
The Department provides staff support to:
*
(C)
the Community Action [Committee] Board;
127
128
129
130
131
132
133
134
*
*
2-76. Exercise of zoning, planning and subdivision powers.
The procedures for the Council to exercise its powers of zoning, planning or
subdividing shall be as prescribed by [the Regional District Act, article 28 of the
Annotated Code of Maryland] Division II of the Land Use Article of the Maryland
Code; by other applicable law enacted by the General Assembly of Maryland; by
the zoning or subdivision [ordinances] laws; or otherwise as prescribed by the
Council by law.
2-128. Appointment of County Attorney as Assistant State's Attorney; powers,
duties.
135
136
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No. 39-12
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138
*
(b)
*
*
Assistant State's Attorneys so appointed have the same powers as an
Assistant State's Attorney appointed under other applicable law and
must assist the State's Attorney in prosecuting violations of:
(10) any other[,] law, rule, regulation, or ordinance adopted by the
Council.
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
*
2-140. Powers, duties and functions.
*
*
*
(b)
*
*
The Office may act as an administrative office or agency designated
by the District Council, as prescribed in [the Regional District Act
(Article 28 of the Maryland Code)] Division II of the Land Use
Article of the Maryland Code.
<*
*
19-21. Definitions.
*
In this Article, the following words and phrases have the following
meanings unless the context indicates otherwise:
*
*
*
Administrative waiver:
A decision by the Department to allow the
construction of a development to be governed by the County stormwater
management law in effect as of May 4, 2009. An administrative waiver is
distinct from a waiver granted under Section [19-25] 19-24.
157
158
159
160
161
162
163
164
*
19-22. Watershed management plans.
*
*
*
*
*
(b)
The Board should prepare functional master plans under [Article 28]
Division II of the Land Use Article of the Maryland Code to preserve,
conserve, and manage natural resources in each of the County's
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No. 39-12
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watersheds for the County Council's reVIew and approval.
Each
functional master plan should address land use, impervious impact on
streams and waterways, stream buffers, wildlife and stream habitat,
forest preservation, and other issues related to the permitting of
stormwater management facilities and the development of watershed
management plans
19A-17. Who must file a financial disclosure statement.
(a)
The following persons must file a public financial disclosure
statement under oath:
*
(2)
*
*
the following public employees:
(A)
Chief Administrative Officer and any Deputy Chief
Administrative Officer;
(B)
(C)
special assistants to the County Executive;
director and deputy director of each department, principal
office, and office in the County government;
CD)
any employee in
~
non-merit position;
[(D)]
(ID
members of the County Board of Appeals;
[(E)]
®
members of the Commission; and
*
*
[(F)]
ill}
members of the Merit System Protection Board;
*
19A-32. Removal for failure to file financial disclosure statement.
(a)
If
a public employee does not file a complete financial disclosure
statement when required to under Section 19A-18, the Chief
Administrative Officer (for employees in the Executive [branch]
Branch) or the [County] Council [staff director] Administrator (for
employees in the [legislative branch] Legislative Branch) may remove
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No. 39-12
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209
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211
212
213
214
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216
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218
the employee from employment with a County agency or from
membership on a board, commission or similar body, paid or unpaid.
Before an employee is removed for failing to file a financial
disclosure statement, the County Attorney must give the employee 30
days notice of the proposed removal.
The Chief Administrative
Officer and the Council [staff director] Administrator must not
remove an employee if the employee files the required financial
disclosure statement within the time specified in the notice.
Section does not apply to an elected public employee.
This
*
20-32. Legislative purpose.
*
*
(a)
Under the authority of [[Article 44A]] Title 16 of the Housing and
Community Development Article of the Maryland Code, Montgomery
County, may, at any time and from time to time, guarantee, upon its
full faith and credit, revenue bonds of the Housing Opportunities
Commission in a total amount not exceeding $50,000,000 to finance
the acquisition, provision, development, or rehabilitation of housing at
rental rates and prices not being offered in adequate quantity by the
private sector, or to finance in whole or in part mortgage loans
secured by such housing, and to fund related reserves and costs
approved under Title 16 of the Housing and Community Development
Article [44A] of the Maryland Code and this Chapter.
*
22-3. Construction and scope of chapter.
*
*
*
*
*
(e)
This Chapter does not render any other applicable law or regulation
invalid. If a conflict arises between this Chapter and another law or
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No. 39-12
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223
224
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227
228
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231
232
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234
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236
237
238
regulation, the fire marshal and the head of the agency responsible for
enforcing the connicting law or regulation must agree which applies.
If they cannot agree, any remaining conflict must be referred to the
Fire Chief. The decision of the Fire Chief in any matter relating to
fire safety is finaL [However, any person aggrieved by the decision
may appeal to the County Board of Appeals under Chapter 2.] Within
30 days after any remaining conflict has been resolved, the Fire Chief
and the head of the agency responsible for enforcing the conflicting
law or regulation must forward to the County Executive a joint
proposal to amend a law or regulation to eliminate the conflict.
22-37. Regulating fire extinguisher service.
The Fire Chief must:
*
*
*
[(4)]
@
[To] issue certificates of registration for those firms that qualify
under these regulations to engage in the business of servicing portable
fire extinguishers, and issue licenses, apprentice permits, and
authority to perform hydrostatic testing to the qualified persons.
22A-3. Definitions.
In this Chapter, the following terms have the meanings indicated:
*
*
*
239
240
241
242
District Council
means the County Council in its capacity, under [Article
28] Division II of the Land Use Article of the Maryland Code, to act on planning
[the] and zoning [matters] for the Maryland-Washington Regional District.
*
*
*
243
244
245
Mandatory referral
means the required review by the Planning Board of
projects or activities to be undertaken by [governmental] government agencies and
private and public utilities under Section [7-112 of Article 28] 20-301 of the Land
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Bill
No. 39-12
246
247
248
Use Article of the Maryland Code.
*
24A-9.
Demolition
by
neglect.
*
*
249
250
251
252
253
254
255
256
257
258
259
260
261
262
263
264
265
266
267
268
269
270
271
272
In [the event of] a case of demolition by neglect of an historic resource on
public or private property, the following provisions shall apply:
*
(b)
*
*
If the historic resource is listed in the "Locational Atlas and Index of
Historic Sites in Montgomery County, Maryland," or the microfilmed
addenda to [such] that atlas, published by the Maryland-National
Capital Park and Planning Commission, the Director shall advise the
Planning Board which, after receiving the recommendation of the
Commission, shall conduct a public hearing to determine whether the
historic resource will be designated as an historic site or historic
district in the master plan for historic preservation.
*
(2)
*
*
Where the Planning Board determines that the historic resource
in all likelihood will be included in the master plan for historic
preservation, the Planning Board shall initiate an amendment to
the master plan for historic preservation [pursuant to the
provisions of article 28] under Division II of the Land Use
Article of the [Annotated Code of] Maryland Code.
*
*
*
*
29-47. Commission action when violation found.
*
(b)
*
If the Commission or panel finds that a landlord has caused a
defective tenancy,
it
may award each party to the complaint one or
more of the following remedies:
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No.
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274
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277
278
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284
285
286
287
288
289
290
291
292
293
294
295
296
297
298
299
*
(3)
*
*
An award under Section [29-10(c)] 29-10(b) of up to three
times the amount of any security deposit that the landlord has
wrongfully
withheld.
When making this
award,
the
Commission must consider the egregiousness of the landlord's
conduct in wrongfully withholding all or part of the deposit,
whether the landlord acted in good faith, and any prior history
by the landlord of wrongful withholding of security deposits;
*
*
(0
*
*
*
33-37. Membership requirements and membership groups.
*
Membership groups and eligibility.
Any full-time or part-time
employee is eligible for membership in the appropriate membership
group if the employee meets all of the requirements for the group:
*
(4)
*
*
Group E: The Chief Administrative Officer, the Council [Staff
Director] Administrator, the hearing examiners, the County
Attorney and each head of a principal department or office of
the County government, if appointed to that position before
July 30, 1978, or a member having held that position on or
before October I, 1972. Any sworn deputy sheriff and any
County correctional staff or officer as designated by the chief
administrative officer. Any group E member who has reached
elective early retirement date may retain membership
in
group
E if the member transfers from the position which qualified the
member for group E. Any group E member who is temporarily
transferred from the position which qualified the member for
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312
313
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315
316
317
318
319
320
321
322
323
324
325
326
group E may retain membership in group E as long as the
temporary transfer from the group E position does not exceed 3
years. Notwithstanding the foregoing provisions in group E,
any employee who is eligible for membership in group E must
participate in the guaranteed retirement income plan or the
retirement savings plan under Article VIII if the employee:
*
(k)
*
*
Election to join the guaranteed retirement income plan.
[(5)]
®
An individual who is an elected official after December 6,
2010 who participates in the elected officials' plan may make a
one-time irrevocable decision to terminate participation in the
elected officials' plan and participate in the guaranteed
retirement income plan. An elected official must make this
decision during the first 150 days after becoming an elected
official.
If
an eligible elected official decides to participate,
participation must begin on the first pay period after the elected
official has been in office for 180 days. An elected official who
decides to participate must have his or her elected officials'
plan account balance transferred to the guaranteed retirement
income plan.
The amount transferred into the guaranteed
retirement income plan must become the participant's initial
guaranteed retirement income plan account balance. An elected
official who does not participate in the guaranteed retirement
income plan must continue to participate in the elected
officials' plan.
33-42. Amount of pension at normal retirement date or early retirement date.
*
*
*
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339
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341
342
343
344
345
346
347
348
349
350
351
352
353
(i)
Retirement incentive Program:..
*
(5)
*
*
Approval.
The Chief Administrative Officer must approve a
request to participate in the program from a member employed
in the Executive Branch.
The Council [Staff Director]
Administrator must approve a request to participate in the
program from a member employed in the Legislative Branch.
If more than 20% of members eligible to participate in the
Executive Branch, either Countywide or by department, apply
to participate in the program, the Chief Administrative Officer
may limit the number of participants, either on a Countywide or
department basis. If more than 20% of members eligible to
participate in the Legislative Branch apply to participate in the
program, the Council [Staff Director] Administrator may limit
the number of participants. The Chief Administrative Officer
and the Council [Staff Director] Administrator must base any
limits on the number of participants on years of service with the
County. Years of service with the County must not include
service with a participating agency, purchased service, or sick
leave.
33-42A. 2010 Retirement Incentive Program.
*
(g)
*
*
Approval.
The Chief Administrative Officer must approve a request
to participate in the program from a member employed in the
Executive Branch. The Council [Staff Director] Administrator must
approve a request to participate from a member employed in the
Legislative Branch.
The Chief Administrative Officer and the
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373
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375
376
377
378
379
380
Council [Staff Director] Administrator must not approve more
applications from an affected class than the number of positions that
are abolished in the affected class. The Chief Administrative Officer
and the Council [Staff Director] Administrator may disapprove an
application if a vacancy created by a member participating in the
program cannot be filled by a member of an affected class. If more
members apply to participate in the program than the number of
positions abolished, the participants must be approved in order of
County seniority calculated under the RIF personnel regulation in the
following order:
*
33-59. Board of investment trustees.
*
*
*
*
*
*
(b)
Membership.
*
(2)
*
The County Executive must appoint 4 voting, ex officio
members of the Board, subject to County Council confirmation
as members, who serve indefinitely while each holds the
respective office. These ex officio trustees should be:
*
(D)
33-120. Distribution of Benefit.
*
*
the [Staff Director of the County] Council Administrator.
*
(g)
*
*
Direct rollover distributions. Notwithstanding any provision of this
Division that would otherwise limit a participant's election under this
Section, a participant or beneficiary may elect in any manner
prescribed by the Chief Administrative Officer at any time to have
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389
390
391
392
393
394
395
396
397
398
399
400
401
402
403
any portion of an eligible rollover distribution paid directly to an
eligible retirement plan specified by the participant in a direct
rollover. As used in this subsection:
(1)
[a]
direct rollover means a payment from the retirement savings
plan to the eligible retirement plan specified by the participant.
*
33-128. Definitions.
*
*
*
*
*
the individual's impairment.
Residual functional capacity
means what the individual can still do, despite
The County must give the term residual
functional capacity the same meaning as the term is given
l2.y
the Social
Security Administration.
Substantial gainful activity
means
f!
level of productive work that requires
significant physical or mental duties, or
f!
combination of both, performed
for
Pf!Y
or profit on
f!
full- time or part-time basis.
An
individual is able to
perform
f!
substantial level of work if the individual is able to earn more than
the Social Security Administration's current monthly earnings limit for
f!
disabled person. The County must give the term substantial gainful activity
the same meaning as the term is given
l2.y
the Social Security Administration.
*
*
*
42-28. Projects subject to planning, subdivision,2 and zoning laws.
Construction of any project by the Authority is subject to County planning,
subdivision, and zoning laws and regulations and those of any planning
commission with jurisdiction over the facility or project to the same extent as those
laws and regulations apply to a project owned and built by a government agency.
The Authority must refer each project that
it
intends to build to the County
Planning Board for its review and comment, as required by Section [7-112] 20­
404
405
406
407
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BILL
No. 39-12
408
409
410
301, et.
~
of [Article 28] the Land Use Article of the Maryland Code, before the
Authority includes the project in its capital budget under Section 42-13.
44-3. Interagency Coordinating Board.
411
*
(b)
ex officio members.
(1)
*
*
412
413
Membership.
The Board consists of voting members and nonvoting,
414
415
416
417
418
419
420
421
422
423
424
425
426
427
428
429
430
431
The voting members are:
*
(E)
*
*
[staff director]
Council
a Councilmember or the
Administrator or a senior staff member of the County
Council.1 who represents the Council;
*
49-33. Road construction requirements.
*
*
*
*
*
(k)
Ground cover.
(1)
A property owner may plant and maintain ground cover in a
public right-of-way adjacent to the owner's property if the
owner:
(A)
complies with [regulations] guidelines issued under
paragraph (3);
*
51-1. Definitions.
*
*
*
Lifeguard
means a person who:
[(1)]
*
*
432
433
434
ill
is at least 15 years old; and
Young Men's Christian Association, or a comparable program
[(2)]
{hl
has a valid lifeguard certificate from the American Red Cross, the
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BILL
No. 39-12
435
436
437
438
approved by the Director of the Department of Health and Human
Services.
*
*
*
Pool management company
means any person, cooperative, association,
partnership, firm, or corporation, excluding a pool operator, who is
responsible by contract or other agreement with the owner of a public
swimming pool for the operation of the public swimming pool, including:
[(1)]
439
440
441
442
443
444
445
446
447
448
449
450
ill
assuring compliance with all operating standards
hereunder];
[set forth] in this
Chapter and all [rules and] applicable regulations [promulgated
[(2)]
(hl
providing for the physical maintenance, supplies, and personnel as
required by this Chapter and all [rules and] applicable regulations
[promulgated hereunder]; and
[(3)]
W
obtaining all necessary permits and licenses.
*
*
*
and water
Private spa
means any outdoor bathing structure that is:
[(1)]
451
452
453
454
455
456
457
ill
a self-contained unit in which all control, water heating,
circulating equipment is an integral part of the unit;
[(2)]
(hl
built on the grounds of a single-family private residence;
[(3)]
W
used
and
solely by the owner, immediate family, tenants, and guests;
[(
4)]
@
not used for swimming, diving, or wading.
Private swimming pool
means any swimming pool that is:
[(1)]
458
459
460
ill
built on the grounds ofa single-family private residence; and
[(2)]
(hl
used solely by the owner, immediate family, tenants, and guests.
Public spa
means any public swimming pool that is:
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BILL
No. 39-12
461
462
463
464
465
466
467
468
469
470
471
472
[(1)]
ill
intended for public recreational and therapeutic uses other than
swimming, diving, or wading; and
[(2)]
{hl
is not drained, cleaned, or refilled for each user.
*
51-16A. Defibrillators
[(
d)]
(£1
*
*
*
*
*
*
*
*
[(e)]
@
52-IIA. Homeowners property tax credit.
(a)
Definitions.
In this section, the following words have the meanings
indicated.
(1)
The following words have the meanmgs defined in Section
9-104
of the Tax-Property Article of the Maryland Code:
473
474
475
476
477
478
479
480
481
482
483
484
485
486
487
*
*
(d)
Amount of credit
(1)
*
*
*
*
52-18Q. Property tax credit -energy and environmental design.
For a covered building, the amount of the credit is:
*
(C)
*
*
100/0
of the property tax owed on the building for 3 years,
if the building achieves a gold rating for LEED-EB or an
equivalent standard; [and] or
*
52-21. Levied; amount.
*
*
There is hereby levied a tax on (1) all transfers in the county of a fee simple
interest in real property, except by way of mortgage, deed of trust or deed of trust
for the benefit of creditors, (2) the initial transfer of stock or other evidence of
ownership in a cooperative housing corporation or similar entity, and (3) all
~
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Technical Correclions\BiII5 Staff Amendmenls.Doc
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BILL NO.
39-12
488
489
490
491
492
493
494
495
496
497
498
499
500
501
502
503
504
505
506
507
508
509
510
transfers of a leasehold interest in real property where the lease or instrument by
which a leasehold interest is demised contains a covenant for perpetual renewal,
known as ground rent. The tax shall be computed on the value of the full
consideration for such transfer at the following rates:
*
(1)
*
*
On condominium property, four (4) percent of the value of the
consideration for the initial transfer of a residential unit subject to a
condominium regime, which unit was offered for rent for residential
purposes prior to the establishment of the condominium regime.
*
(2)
this subsection where:
[a.].cAl
*
*
No transfer of any interest in real property shall be taxed under
*
*
*
[b.]
.au
The transfer is of a unit in a condominium regime
established by recording a declaration, bylaws and
condominium plat, [prior to] before July 28, 1980,
[pursuant to the provisions and requirements of the
Horizontal Property] under the Maryland Condominium
Act, [title] Title 11
[,]
of the Real Property Article[,] of
the Maryland Code [Annotated]. For purposes of this
subsection, residential units contained in an expanding
condominium
regime
established
by
recording
a
declaration, bylaws and condominium plat [prior to]
before July 28, 1980, but not added to the established
condominium regime by [said] that date, shall continue to
be exempt from taxation under this subsection [provided]
if the unit becomes a condominium unit in an established
511
512
513
514
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BILL
No. 39-12
condominium regime by the last date for establishment of
units in the expanded condominium as contained in the
declaration filed [prior to] before July 28, 1980, either as
a part of the original expanding condominium or as a part
of a separate condominium.
(g)
(2)
*
*
[a·l@
[b.]
Qll
[c.]
(Q
*
*
*
*
*
*
*
*
*
*
*
*
*
527
528
529
530
531
532
533
534
535
536
537
538
539
540
541
solely to fund County or municipal transportation improvements of
the types listed in Section 52-58 located anywhere in the County,
except as provided in subsections (c)[,] and (h)[, and (i)].
In
appropriating funds collected by the development impact tax, the
Council should, to the extent feasible, designate funds to be used for
transportation improvements in the policy area from which the funds
were collected or an adjacent policy area.
*
is amended as follows:
*
*
Sec. 2. Section 3 of Chapter 4 of the 1992 Laws of Montgomery County
Sec. 3. Contingency on Commission resolution.
Until express authority for Planning Board administration and enforcement
of Article II, as enacted in Section 1 of this Act, is provided under State law, this
Act is contingent on and does not become effective until the Maryland-National
Capital Park and Planning Commission adopts a resolution under Section [7-111(f)
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Amendments.Doc
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BILL
No. 39-12
542
543
544
545
546
547
548
549
550
551
552
553
of Article 28] 20-207 of the Land Use Article of the Maryland Code allocating the
functions provided under this Act to the Montgomery County Planning Board.
Sec. 3. Section 2 of Chapter 1 of the 2011 Laws of Montgomery County
is amended as follows:
Sec. 2. The Council declares that this Act is necessary for the immediate
protection of the public interest.
This Act takes effect on [the date when it
becomes law] December
L
2010, and applies to any development located in the
White Flint impact tax district for which a building permit is issued on or after
December 1, 2010. If any development impact tax was collected under Article VII
of County Code Chapter 52 before this Act took effect for any development to
which this Act applies, the Director of Finance must promptly refund that tax as if
a refund were due and claimed under County Code Section 52-54.
Approved:
554
555
556
557
Nancy Navarro, President, County Council
Date
558
559
560
561
Approved:
Isiah Leggett, County Executive
Date
562
563
564
565
This is a correct copy a/Council action.
. Linda M. Lauer, Clerk of the Council
Date
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LEGISLATIVE REQUEST REPORT
Bill 39-12,
Technical Corrections
DESCRIPTION:
PROBLEM:
Makes technical, typographical, grammatical, and other non­
substantive corrections to County law.
Codifying several new laws revealed several technical and other non­
substantive errors that could confuse a person trying to follow or
enforce County law.
To correct technical and other non-substantive errors in the County
Code.
Council legal staff and County Attorney's Office.
To be requested.
To be requested.
Not applicable.
Not applicable.
Amanda Mihill, Council Staff (240) 777-7815
Sharon Gemperle, Office of the County Attorney (240) 777 ..6753
The applicability of other provisions in municipalities follows the
applicability of the underlying provision of the County Code.
Not applicable.
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
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fOfLL
39 -12.­
-
071.298
MEMORANDUM
January
q,
2013
cc
5~
l.';""
fl\F
TO:
FROM:
N aney Navarro, President County Council
Jennifer A. Hughes, Director, Office ofManagement and
Joseph F. Beach, Director, Department of Finance
Council
Bill39~12,
Technical Corrections
SUBJECT:
Please find attached the
fiscal
and economiC impact statements for the above­
referenced legislation.
JAH:pw
c: Kathleen Boucher, Assistant Chief Administrative Officer
Lisa Austin, Offices ofthe County Executive
Joy Nurmi. Special Assistant to the County Executive
Patrick Lacefield, Director, Public Information Office
Joseph F. Beach, Director, Department of Finance
Michael Coveyou, Department ofFinance
Nancy Moseley, Department of Finance
Linda Herman, Montgomery County Retirement Plans
Dennis Via, Office ofthe County Attorney
Karen
Federman~Henry,
Office ofthe County Attorney
Philip Weeda, Office ofManagement and Budget
Amy Wilson, Office ofManagementand Budget
Ayo Apollon, Office ofManagement and Budget
I
-.....J
'
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Fiscal Impact Statement
Council
Bill 39-12,
Technical Corrections
1. Legislative Summary.
Council Bill 39-12 provides technical, typographical, grammatical, reference, and
codification errors in, and makes stylistic, clarifying, and conforming amendments to
various provisions in the law.
2.
An
estimate of changes
in
County revenues and expenditures regardless of whether the
revenues or expenditures are assumed in the recommended or approved budget. Includes
source of information, assumptions, and methodologies used.
The Ethics Commission, Department of Environmental Protection, Departnient of Fire
and Rescue Service, Department of Finance, Office of Human Resources, and the County
Attorney's Office do not believe the proposed legislation, that revises certain chapters in
the County Code,
will
pose a fiscal impact on their respective budgets.
3. Revenue and expenditure estimates covering at least the next 6 fiscal·years.
Not Applicable
4.
An
actuarial analysis through the entire amortization period for each bill that would affect
retiree pension or group insurance costs.
Not Applicable
5. Later actions that may affect future revenue and expenditures if the bill authorizes future
spending.
Not Applicable
6.
An
estimate ofthe staff time needed to implement the bill.
Additional staff time is not required.
7.
An
explanation ofhow the addition ofnew staff responsibilities would affect other duties.
Not Applicable
8.
An
estimate of costs when an additional appropriation is needed.
Not Applicable
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9. A description of any variable that could affect revenue and cost estimates.
Not Applicable
10. Ranges ofrevenue or expenditures that are uncertain or difficult to project.
Not Applicable
11.
If
a bill is likely to have no fiscal impact, why that is the case.
The bill provides technical, typographical, grammatical, reference, and codification errors
in, and makes stylistic, clarifying, and conforming amendments to various provisions in
the law.
12. Other fiscal impacts or comments.
None
13. The following contributed to and concurred with this analysis:
Robert Cobb, Ethics Commission
Bryan Hunt, Department ofEnvironmental Protection
Linda Herman, Montgomery County Retirement Plans··
Dennis Via, County Attorney's Office
Karen Federman-Henry, County Attorney's Office
Nancy Moseley, Department of Finance
Philip Weeda, Office of Management and Budget.
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Economic Impact Statement