AGENDA ITEM #12

January 22, 2013

Public Hearing

MEMORANDUM

January 18,2013

TO:

FROM: . .,

County Council

~~

Amanda Mihill, Legislative Attornev.-

M'Cu.\~

Michael Faden, Senior Legislative A'fu;;;;ey

Public Hearing:

Bill 39-12, Technical Corrections

SUBJECT:

Bill 39-12, Technical Corrections, sponsored by the County Council, was introduced on

December 4,2012. Action is tentatively scheduled for February 5.

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.

Bill 39-12 also makes a conforming change to requirements for financial disclosure statements

for non-merit positions in the Executive Branch and replaces the title "Council Staff Director"

with "Council Administrator".

This packet contains:

Bill 39-12

Legislative Request Report

Fiscal and Economic Impact Statement

Circle

#

1

24

25

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Bill No.

39-12

Concerning: Technical Corrections

Draft No.

~

Revised:

11/29/2012

Introduced:

December 4,2012

Enacted:

June 4, 2014

Executive: _ _ _ _ _ _ _ __

Effective: _ _ _ _ _ _ _ _ __

Sunset Date: ----'-'N=onc.:.: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 lA, Structure of County Government

Sections lA-IOI, lA-l02, lA-105, lA-108, lA-l09, IA-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

Section 22A-3

Trees



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 51-16A.

Chapter 52, Taxation

Section 52-11 A, 52-18Q, 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]

Double underlining

[[Double boldface brackets]]

Heading or defined term.

Added to existing law by original bill.

Deletedfrom existing lmv 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)

2

3

4

5

6

7

Definitions.

In Sections 1-18, 1-19 and 1-20:

8

9

10

*

*

*

*

*

(2) County law means any provision of:

*

11

12

13

14

15

(C) Jan]

£!

law, ordinance."! or subdivision [regulation]

amendment enacted under [the Regional District Act]

Division II of the Land Use Article of the Maryland

Code;

*

municipalities.

*

*

16

17

18

1-203. Applicability of County legislation [within municipal corporations] in

*

(e)

*

*

19

Categories of County legislation applicable [within municipal

corporations} in municipalities.

20

21

*

*

*

22

23

(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:

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(})-

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BILL No. 39-12

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29

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*

(B)

*

*

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.

*

(c)

*

*

*

*

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36

37

List of appointed officials.

*

(4)

(optional).

[Staff Director of the County Council] Council administrator

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39

40

*

*

(d)

*

*

*

*

IA-I02. Process for appointing and confirming officials.

[Staff Director ofthe] Council Administrator.

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(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.

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(3)

The [Staff Director] Council Administrator

system employee.

IS

not a merit

(4)

An appointment must be by a majority vote of Councilmembers

in office.

lA-lOS. Acting officials.

(a)

Scope.

This Section applies to acting:

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*

(5)

*

*

*

*

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[Staff directors of the council] Council Administrators.

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*

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No. 39-12

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(f)

[Acting StaffDirector ofthe] Council Administrator.

(1)

If the position of [Staff Director] Council Administrator

IS

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vacant, the Council may appoint an acting [Staff Director]

Council Administrator.

(2)

[a.].cAl If the [Staff Director] Council Administrator becomes

temporarily absent or disabled, the Council may appoint

an acting [Staff Director] Council Administrator.

(b.)

tID

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.

(3)

An

acting [Staff Director] Council Administrator, who is not a

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merit system employee, must be a professionally qualified

administrator.

*

(h)

*

*

*

*

Removal.

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*

(2)

The [council] Council may remove an acting [staff director]

Council Administrator at any time.

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.

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*

*

*

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(!)



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No. 39-12

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U)

Section IA-I05 exclusively governs the appointment of an acting:

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*

(5)

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Council [Staff Director] Administrator.

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lA-204. Supervision of offices and appointment of heads.

*

(b)

Legislative Branch.

*

*

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(I)

Office of the County Council.

[a.]

!A)

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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all

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.

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[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.

(2)

The [Staff Director] Council Administrator

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supervises the Clerk on all matters.

Office of Legislative Oversight.

[a.]

!A)

[b.]

all

[c.]

.cg

[d.]

!.ill

[e.]

(ID

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*

*

*

*

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*

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*

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*

*

*

*

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o



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(4)

Office of Zoning and Administrative Hearings.

[A.]

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.cAl

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

a

hearing

and designate

examiner or the Council [Staff Director] Administrator as

Director of the Office.

[B.]

(ill

[C.]

(Q

[D.]

ill}

*

*

*

*

*

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*

*

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2-42A. Functions, powers, and duties.

(d)

Duties of the Department.

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*

(3)

The Department provides staff support to:

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*

(C)

*

*

the Community Action [Committee] Board;

*

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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.

(j)

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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.

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*

2-140. Powers, duties and functions.

*

*

*

*

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*

(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.

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*

19-21. Definitions.

*

*

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153

In this Article, the following words and phrases have the following

meanings unless the context indicates otherwise:

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*

*

*

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.

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*

19-22. Watershed management plans.

*

*

*

*

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*

(b)

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163

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)

(A)

*

*

the following public employees:

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;

(D)

any employee in

~

non-merit position;

[(D)]

ill}

members of the County Board of Appeals;

[(E)]

m

members of the Commission; and

*

[(F)] (G) 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

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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

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*

20-32. Legislative purpose.

(a)

*

*

Under the authority of Article 44A 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.

*

*

(e)

*

*

*

22-3. Construction and scope of chapter.

216

217

218

*

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 conflicting 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:

*

*

*

District Council

means the County Council in its capacity, under [Article

28] the Land Use Article of the Maryland Code, to act on planning [the] and

zoning [matters] for the Maryland-Washington Regional District.

*

*

*

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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272

Use Article of the Maryland Code.

*

24A-9. Demolition

by

neglect.

*

*

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.

*

*

(b)

*

*

*

*

29-47. Commission action when violation found.

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. 39-12

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*

(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;

*

*

(f)

*

*

*

*

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 1, 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

314

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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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(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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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 Director1 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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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:

(I)

[a] direct rollover means a payment from the retirement savings

plan to the eligible retirement plan specified by the participant.

*

33-128. Definitions.

>I<

>I<

*

>I<

>I<

389

390

391

392

Residual functional capacity

means what the individual can still do, despite

the individual's impairment.

The County must give the term residual

functional capacity the same meaning as the term is given

Qy

the Social

Security Administration.

393

394

395

396

397

398

399

400

401

402

403

404

405

406

407

Substantial gainful activity

means

~

level of productive work that requires

~

significant physical or mental duties, or

for

~

combination of both, performed

or profit on

~

full- time or part-time basis. An individual is able to

perform

~

substantial level of work if the individual is able to earn more than

the Social Security Administration's current monthly earnings limit for

~

disabled person. The County must give the term substantial gainful activity

the same meaning as the term is given

Qy

the Social Security Administration.

*

*

*

42-28. Projects subject to planning, subdivision,! 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

®

F:\LAw\BILLS\1239 Technical Corrections\BiII4.Doc



BILL

No.

39-12

408

409

410

411

412

413

414

301, et.

~

of [Article

281

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.

*

(b)

ex officio members.

(1)

*

*

Membership.

The Board consists of voting members and nonvoting,

The voting members are:

415

416

*

(E)

*

*

[staff director]

Council

a Councilmember or the

417

418

Administrator or a senior staff member of the County

Council.! who represents the Council;

419

420

*

49-33. Road construction requirements.

*

*

*

421

422

423

424

425

*

(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);

426

427

428

429

*

51-1. Definitions.

*

*

*

*

430

431

432

433

434

*

Lifeguard

means a person who:

[(1)] (ill is at least 15 years old; and

[(2)]

(hl

has a valid lifeguard certificate from the American Red Cross, the

Young Men's Christian Association, or a comparable program

@

F:\LAW\BILLS\1239 Technical Corredions\BiII4.Doc



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

hereunder];

operating standards [set forth] in this

Chapter and all [rules and] applicable regulations [promulgated

[(2)]

.uu

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.

*

*

*

water heating, 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,

circulating equipment is an integral part of the unit;

[(2)]

[(3)]

.uu

built on the grounds of a single-family private residence;

W

used solely by the owner, immediate family, tenants, and guests;

and

[(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 of a single-family private residence; and

[(2)]

.uu

used solely by the owner, immediate family, tenants, and guests.

Public spa

means any public swimming pool that is:

-@

F:\LAW\BILLS\1239 Technical Corrections\BiII4.Doc



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)]

(£l

*

*

*

*

*

*

[(e)]

@

*

*

52-11A. Homeowners property tax credit.

(a)

Definitions.

In

this section, the following words have the meanings

indicated.

(1)

The following words have the meamngs 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-tSQ. Property tax credit -energy and environmental design.

*

For a covered building, the amount of the credit is:

*

(C)

*

*

10% 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

@

F:\LAWBILLS\1239 Technical Corrections\8iIl4.Doc



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

511

512

513

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:

*

(f)

*

*

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.]

!A}

*

*

No transfer of any interest in real property shall be taxed under

*

*

*

[b.]

ill}

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

514

®

F:\LAIMBILLS\1239 Technical Corrections\BiII4.00c



BILL

No. 39-12

515

516

517

518

519

520

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.]

*

*

521

522

523

*

*

*

*

*

*

*

*

*

*

W

*

*

*

[b.]

lID

[c.]

(g

524

525

526

52-53. Restrictions on use and accounting of development impact tax funds.

(a)

The funds collected by the development impact tax must be used

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

527

528

529

530

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.

531

532

533

534

535

*

is amended as follows:

*

*

Sec. 2. Section 3 of Chapter 4 of the 1992 Laws of Montgomery County

536

537

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(t)

538

539

540

541

®

F:\LAw\SILLS\1239 Technical Corrections\SiIl4.00c



BILL

No. 39-12

542

543

544

545

546

547

548

549

550

551

552

553

554

555

556

557

558

559

560

561

562

563

564

565

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:

Roger Berliner, President, County Council

Approved:

Date

Leggett, County Executive

This is a correct copy o/Council action.

Date

Linda M. Lauer, Clerk of the Council

Date

F:\LAWlBILLS\1239 Technical Corrections\BiII4.Doc



LEGISLAriVE REQUEST REPORT

Bil139-12,

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 IMP ACT:

ECONOMIC

IMPACT:

EVALUATION:

EXPERIENCE

ELSEWHERE:

SOURCE OF

INFORMATION:

APPLICATION

WITHIN

MUNICIPALITIES:

PENALTIES:

F:\LAW\BILLS\1239 Technical Corrections\LRR.Doc



-

HIll

cc

5ef"~

L.

~.~

rnF

ROCKVILLE, MARYLAND

071.298

MEMORANDUM

January

~,

2013

TO:

FROM:

Nancy Navarro, President County Council

Jennifer

A.

Hughes) Director, Office ofManagenient and .....

Joseph F. Beach, Director. Department

Council Bill 39-12, Technical Corrections

1:iJ:t­

ofFinancw-~et

.

SUBJECT:

Please fmd attached the fiscal and economic impactstatements 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

N aney Moseley. Department ofFinance

Linda Hennan. 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 of Management and Budget

Ayo Apollon, Office ofManagement and Budget

~j

c')

:::0

,OfT)

- (JrrJ

-"­

"-'

C

:

....

......

~-«

::901

00

H·3:D

I

"'-J

-<

@



Fiscal Impact Statement

Council

Bill 39-12,

Technical Corrections

1.

Legislative Summary.

Council Bi1139-12 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, Department 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 ifthe 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 of new staff responsibilities would affect other duties.

Not Applicable

8.

An

estimate of costs when an additional appropriation is needed.

Not Applicable



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 of Environmental Protection

Linda Herman, Montgomery County Retirement Plans·

Dennis Via, County Attorney's Office

Karen Federman-Henry, County Attorneis Office

Nancy Moseley, Department of Finance

Philip Weeda, Office of Management and Budget.



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.

~~h,1~10

B

artment of Finance

@