Agenda Item 7
January 30, 2018
Public Hearing
MEMORANDUM
January 25, 2018
TO:
FROM:
SUBJECT:
County Council
Amanda Mihill, Legislative
Attomeyc,4ff~?Jj_,{
Public Hearing: Bill
39-17, Streets and Roads - Roadway Solicitation and
Distribution - Prohibition
Bill 3 9-1 7, Streets and Roads - Roadway Solicitation and Distribution - Prohibition, sponsored by
Lead Sponsor Councilmember Rice, and Co-Sponsor Councilmember Berliner, was introduced on
December 12, 2017. A Transportation, Infrastructure, Energy and Environment Committee
worksession will be scheduled for a later date.
Bill 39-17 would prohibit a person from standing in a roadway to solicit, sell, or distribute any
material to certain occupants of motor vehicles under certain conditions and generally regulate
solicitation or distribution by pedestrians of occupants of motor vehicles in the roadway. The Lead
Sponsor ofBill 39-17, Councilmember Rice, is working on a format to provide data on deaths and
injuries that will assist the Council in its consideration ofBill 39-17.
This packet contains:
Bill 39-17
Legislative Request Report
Fiscal and Economic Impact statement
Circle#
1
3
4
F:\LAW\BILLS\1739 Streets And Road-Roadway Solicitation And Distribution\PH Memo.Docx
 PDF to HTML - Convert PDF files to HTML files
Bill No.
39-17
Concerning: Streets and Roads -
Roadway Solicitation and Distribution
- Prohibition
Revised:
11/27/2017
Draft No.
1
Introduced:
December
12, 2017
Expires:
June
12 2019
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date: -'--'-No=n-=e'---------
Ch. _ _ , Laws of Mont. Co. _ _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
Lead Sponsor: Councilmember Rice
Co-Sponsor: Councilmember Berliner
AN ACT
to:
( 1) prohibit a person from standing in a roadway to solicit, sell, or distribute any material to
certain occupants of motor vehicles under certain conditions; and
(2) generally regulate solicitation or distribution by pedestrians of occupants of motor
vehicles in the roadway; and
(3) generally amend County law governing conduct in streets and roads.
By adding
Montgomery County Code
Chapter 49, Streets and Roads
Section 49-19C
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
*
*
*
Heading or defined term.
Added to existing law by original bill.
Deleted.from existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
 PDF to HTML - Convert PDF files to HTML files
BILL No. 39-17
1
2
Section 1. Section 49-19C is added as follows:
49-19C.
fu)
Roadway solicitation and distribution.
Prohibition.
A person must not stand in
fl:
roadway to solicit, sell, or
3
4
distribute any material to the occupant of any motor vehicle stopped on
fl:
roadway in obedience to
fl:
traffic control signal
light
However,
fl:
5
6
person may solicit, sell, or distribute material to the occupant of
fl:
motor
vehicle on
fl:
public roadway if the person remains on the surrounding
sidewalks and unpaved shoulders, and not in or on the roadway itself,
including the medians and islands.
Di}
7
8
9
10
11
12
Penalty.
Any violation of this Section is
fl:
Class C violation.
Section 2. Effective date.
County Code Section 49- l 9C, as added by Section
1 of this Act, takes effect on October 1, 2018.
Approved:
13
14
15
Hans D. Riemer, President, County Council
16
Date
Approved:
17
Isiah Leggett, County Executive
18
Date
This is a correct copy ofCouncil action.
19
Megan Davey Limarzi, Esq., Clerk of the Council
Date
F;---.
F:\lAW\B~739 Streets And Road-Roadway Solicitation And Distribution\Bill 1.Doc
 PDF to HTML - Convert PDF files to HTML files
LEGISLATIVE REQUEST REPORT
Bill 39-17
Streets and Roads
-
Roadway Solicitation and Distribution
-
Prohibition
DESCRIPTION:
Bill 39-17 would prohibit a person from standing in a roadway to
solicit, sell, or distribute any material to certain occupants of motor
vehicles under certain conditions and generally regulate solicitation or
distribution by pedestrians of occupants of motor vehicles in the
roadway
There have been incidents at traffic light controlled intersections where
pedestrians have been injured or killed while soliciting or distributing
in the roadway.
To protect the public at traffic light controlled intersections.
Montgomery County Police Department
To be requested.
To be requested.
To be requested.
To be researched.
Amanda Mihill, Legislative Attorney, 240-777-7815
To be researched.
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOM IC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENAL TIES:
NI
A
F:\LAW\BILLS\1739 Streets And Road-Roadway Solicitation And Distribution\LRR.Docx
 PDF to HTML - Convert PDF files to HTML files
-
Fiscal Impact Statement
Bill 39-17
Streets and Roads
-
Roadway Solicitation and Distributio n
-
Prohibition
1. Legislative Summary
Bill 39-17 would generally prohibit a person from standing in a roadway to solicit, sell,
or distribute any material to the occupant of any motor vehicle stopped on the roadway in
obedience of a traffic control signal light. The bill contains an exception if the person
remains on the sidewalk and unpaved shoulder of the roadway.
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.
Bill 39-17 is not estimated to change County revenues or expenditures.
3. Revenue and expenditure estimates covering at least the next 6 fiscal years.
The proposed bill does not have an impact or revenues or expenditures.
.
,.: :
i.
~
_( _; - '
:
~
·.. ·. C~l:.! :.;:]\'
.·-
.'.r:
...
:
.
4.
An'
actuarial analysis through the entire amortization period for each bill that would affect
retiree pension or group insurance costs.
-
Not applicable. Bill 39-17 does not have an impact on pension or insurance'<::osis.·: ,·:
5. An estimate of expenditures related to County's information technology'(IT) systems,
including Enterprise Resource Planning (ERP) systems.
·
Not applicable.
:I.'.
a
:;;r.:
6. Later actions that may affect future revenue and expenditures if the bill ~rizes future'
.
spending.
~ortT
::,;IC"')
.....
-
Not applicable. Bill 39-17 does not authorize future spending.
7.
~
estimate of the staff time needed to implement the bill.
~§~
-=c-,M
oo
~
·
c::,
;;
;; _
It is anticipated that enforcement of the bill's provisions would be incorpofuted into
a,
existing traffic/pedestrian enforcement efforts. Initial public awareness efforts ctre ,
anticipated to involve on-duty police officers with minimal overtime use.
8. An explanation of how the addition of new staff responsibilities would affect other duties.
Additional staff responsibilities are not anticipated to affect other duties.
·,;
1
,c
S:\PSP\Current Year Admin\Departments\Police\FYl 8\FlSs\FIS Bill 39-17.doc
®
 PDF to HTML - Convert PDF files to HTML files
9. An estimate of costs when an additional appropriation is needed.
Not applicable.
10. A description of any variable that could affect revenue and cost estimates.
Not applicable.
11. Ranges of revenue or expenditures that are uncertain or difficult to project.
Not applicable.
12. If a bill is likely to have no fiscal impact, why that is the case.
If Bill 39-17 is enacted, the police department anticipates incorporating enforcement of
the bill's provisions into existing traffic/pedestrian enforcement efforts.
13. Other fiscal impacts or comments.
The police department would anticipate conducting an initial public awareness campaign
for 30 to 45 days following enactment to proactively conduct outreach and education
with solicitors to make them aware of the new legislative requirement(s).
It
is anticipated
that this campaign activity would involve on-duty police officers with limited/minimal
overtime use as may be necessary.
14. The following contributed to and concurred with this analysis:
Captain Michael Wahl, Policy and Planning Division, County Police Department
Captain Thomas Didone, Traffic Division, County Police Department
Rachel Silberman, Office of Management and Budget
J
nnifer A. Hughes, Director
Office of Management and Budget
S:\PSP\Current Year Admin\Departments\Police\FY18\F1Ss\FIS Bill 39-17.doc
®
 PDF to HTML - Convert PDF files to HTML files
Economi c
Impact Statement
Bill
39-17
Streets and Roads
-
Roadway Solicitation and Distribution
-
Prohibition
Background:
Bill 39-17 would prohibit a person from standing in a roadway to solicit, sell, or distribute
any material to certain occupant s of motor vehicles under certain conditions and generally
regulate solicitation or distribution by pedestrians·to occupant s of motor vehicles in the
roadway. There have been incidents at traffic light controlled intersections where pedestrians
have been injured or killed while soliciting or distributing in the roadway.
1.
The sources of information, assumptions, and methodologies used.
Not applicable.
2, _A description of any variable that could affect the economi c impact estimates.
The bill will not have an economic impact and there are no variables that could aflecttha t.
~onclu.sion.
· · ·' ·
··
3. The Bill's positive or negative effect, if any on employment, spending, savings,
investment, incomes, and property values in the County.
Given the goal of the legislation is to protect the public at traffic light controlled
intersections, the bill will not have an impact on employment, spending, savings, investment,
incomes, and property values in the County.
4. If a
:BiJl
is likely to have no economic impact, why is that the case?
See munber 2.
5. The following contributed
to
or concurred with this analysis:
David Platt, Dennis Hetman, and Robert Hagedoorn, Finance.
/a/2-~/
17
Alexand reA. Esp;sa , Director
Department of Finance
Date
Page
I
of 2
 PDF to HTML - Convert PDF files to HTML files
Agenda Item 7
January 30, 2018
Public Hearing
MEMORANDUM
January 25, 2018
TO:
FROM:
SUBJECT:
County Council
Amanda Mihill, Legislative
Attomeyc,4ff~?Jj_,{
Public Hearing: Bill
39-17, Streets and Roads - Roadway Solicitation and
Distribution - Prohibition
Bill 3 9-1 7, Streets and Roads - Roadway Solicitation and Distribution - Prohibition, sponsored by
Lead Sponsor Councilmember Rice, and Co-Sponsor Councilmember Berliner, was introduced on
December 12, 2017. A Transportation, Infrastructure, Energy and Environment Committee
worksession will be scheduled for a later date.
Bill 39-17 would prohibit a person from standing in a roadway to solicit, sell, or distribute any
material to certain occupants of motor vehicles under certain conditions and generally regulate
solicitation or distribution by pedestrians of occupants of motor vehicles in the roadway. The Lead
Sponsor ofBill 39-17, Councilmember Rice, is working on a format to provide data on deaths and
injuries that will assist the Council in its consideration ofBill 39-17.
This packet contains:
Bill 39-17
Legislative Request Report
Fiscal and Economic Impact statement
Circle#
1
3
4
F:\LAW\BILLS\1739 Streets And Road-Roadway Solicitation And Distribution\PH Memo.Docx
 PDF to HTML - Convert PDF files to HTML files
Bill No.
39-17
Concerning: Streets and Roads -
Roadway Solicitation and Distribution
- Prohibition
Revised:
11/27/2017
Draft No.
1
Introduced:
December
12, 2017
Expires:
June
12 2019
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date: -'--'-No=n-=e'---------
Ch. _ _ , Laws of Mont. Co. _ _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
Lead Sponsor: Councilmember Rice
Co-Sponsor: Councilmember Berliner
AN ACT
to:
( 1) prohibit a person from standing in a roadway to solicit, sell, or distribute any material to
certain occupants of motor vehicles under certain conditions; and
(2) generally regulate solicitation or distribution by pedestrians of occupants of motor
vehicles in the roadway; and
(3) generally amend County law governing conduct in streets and roads.
By adding
Montgomery County Code
Chapter 49, Streets and Roads
Section 49-19C
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
*
*
*
Heading or defined term.
Added to existing law by original bill.
Deleted.from existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
 PDF to HTML - Convert PDF files to HTML files
BILL No. 39-17
1
2
Section 1. Section 49-19C is added as follows:
49-19C.
fu)
Roadway solicitation and distribution.
Prohibition.
A person must not stand in
fl:
roadway to solicit, sell, or
3
4
distribute any material to the occupant of any motor vehicle stopped on
fl:
roadway in obedience to
fl:
traffic control signal
light
However,
fl:
5
6
person may solicit, sell, or distribute material to the occupant of
fl:
motor
vehicle on
fl:
public roadway if the person remains on the surrounding
sidewalks and unpaved shoulders, and not in or on the roadway itself,
including the medians and islands.
Di}
7
8
9
10
11
12
Penalty.
Any violation of this Section is
fl:
Class C violation.
Section 2. Effective date.
County Code Section 49- l 9C, as added by Section
1 of this Act, takes effect on October 1, 2018.
Approved:
13
14
15
Hans D. Riemer, President, County Council
16
Date
Approved:
17
Isiah Leggett, County Executive
18
Date
This is a correct copy ofCouncil action.
19
Megan Davey Limarzi, Esq., Clerk of the Council
Date
F;---.
F:\lAW\B~739 Streets And Road-Roadway Solicitation And Distribution\Bill 1.Doc
 PDF to HTML - Convert PDF files to HTML files
LEGISLATIVE REQUEST REPORT
Bill 39-17
Streets and Roads
-
Roadway Solicitation and Distribution
-
Prohibition
DESCRIPTION:
Bill 39-17 would prohibit a person from standing in a roadway to
solicit, sell, or distribute any material to certain occupants of motor
vehicles under certain conditions and generally regulate solicitation or
distribution by pedestrians of occupants of motor vehicles in the
roadway
There have been incidents at traffic light controlled intersections where
pedestrians have been injured or killed while soliciting or distributing
in the roadway.
To protect the public at traffic light controlled intersections.
Montgomery County Police Department
To be requested.
To be requested.
To be requested.
To be researched.
Amanda Mihill, Legislative Attorney, 240-777-7815
To be researched.
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOM IC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENAL TIES:
NI
A
F:\LAW\BILLS\1739 Streets And Road-Roadway Solicitation And Distribution\LRR.Docx
 PDF to HTML - Convert PDF files to HTML files
-
Fiscal Impact Statement
Bill 39-17
Streets and Roads
-
Roadway Solicitation and Distributio n
-
Prohibition
1. Legislative Summary
Bill 39-17 would generally prohibit a person from standing in a roadway to solicit, sell,
or distribute any material to the occupant of any motor vehicle stopped on the roadway in
obedience of a traffic control signal light. The bill contains an exception if the person
remains on the sidewalk and unpaved shoulder of the roadway.
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.
Bill 39-17 is not estimated to change County revenues or expenditures.
3. Revenue and expenditure estimates covering at least the next 6 fiscal years.
The proposed bill does not have an impact or revenues or expenditures.
.
,.: :
i.
~
_( _; - '
:
~
·.. ·. C~l:.! :.;:]\'
.·-
.'.r:
...
:
.
4.
An'
actuarial analysis through the entire amortization period for each bill that would affect
retiree pension or group insurance costs.
-
Not applicable. Bill 39-17 does not have an impact on pension or insurance'<::osis.·: ,·:
5. An estimate of expenditures related to County's information technology'(IT) systems,
including Enterprise Resource Planning (ERP) systems.
·
Not applicable.
:I.'.
a
:;;r.:
6. Later actions that may affect future revenue and expenditures if the bill ~rizes future'
.
spending.
~ortT
::,;IC"')
.....
-
Not applicable. Bill 39-17 does not authorize future spending.
7.
~
estimate of the staff time needed to implement the bill.
~§~
-=c-,M
oo
~
·
c::,
;;
;; _
It is anticipated that enforcement of the bill's provisions would be incorpofuted into
a,
existing traffic/pedestrian enforcement efforts. Initial public awareness efforts ctre ,
anticipated to involve on-duty police officers with minimal overtime use.
8. An explanation of how the addition of new staff responsibilities would affect other duties.
Additional staff responsibilities are not anticipated to affect other duties.
·,;
1
,c
S:\PSP\Current Year Admin\Departments\Police\FYl 8\FlSs\FIS Bill 39-17.doc
®
 PDF to HTML - Convert PDF files to HTML files
9. An estimate of costs when an additional appropriation is needed.
Not applicable.
10. A description of any variable that could affect revenue and cost estimates.
Not applicable.
11. Ranges of revenue or expenditures that are uncertain or difficult to project.
Not applicable.
12. If a bill is likely to have no fiscal impact, why that is the case.
If Bill 39-17 is enacted, the police department anticipates incorporating enforcement of
the bill's provisions into existing traffic/pedestrian enforcement efforts.
13. Other fiscal impacts or comments.
The police department would anticipate conducting an initial public awareness campaign
for 30 to 45 days following enactment to proactively conduct outreach and education
with solicitors to make them aware of the new legislative requirement(s).
It
is anticipated
that this campaign activity would involve on-duty police officers with limited/minimal
overtime use as may be necessary.
14. The following contributed to and concurred with this analysis:
Captain Michael Wahl, Policy and Planning Division, County Police Department
Captain Thomas Didone, Traffic Division, County Police Department
Rachel Silberman, Office of Management and Budget
J
nnifer A. Hughes, Director
Office of Management and Budget
S:\PSP\Current Year Admin\Departments\Police\FY18\F1Ss\FIS Bill 39-17.doc
®
 PDF to HTML - Convert PDF files to HTML files
Economi c
Impact Statement
Bill
39-17
Streets and Roads
-
Roadway Solicitation and Distribution
-
Prohibition
Background:
Bill 39-17 would prohibit a person from standing in a roadway to solicit, sell, or distribute
any material to certain occupant s of motor vehicles under certain conditions and generally
regulate solicitation or distribution by pedestrians·to occupant s of motor vehicles in the
roadway. There have been incidents at traffic light controlled intersections where pedestrians
have been injured or killed while soliciting or distributing in the roadway.
1.
The sources of information, assumptions, and methodologies used.
Not applicable.
2, _A description of any variable that could affect the economi c impact estimates.
The bill will not have an economic impact and there are no variables that could aflecttha t.
~onclu.sion.
· · ·' ·
··
3. The Bill's positive or negative effect, if any on employment, spending, savings,
investment, incomes, and property values in the County.
Given the goal of the legislation is to protect the public at traffic light controlled
intersections, the bill will not have an impact on employment, spending, savings, investment,
incomes, and property values in the County.
4. If a
:BiJl
is likely to have no economic impact, why is that the case?
See munber 2.
5. The following contributed
to
or concurred with this analysis:
David Platt, Dennis Hetman, and Robert Hagedoorn, Finance.
/a/2-~/
17
Alexand reA. Esp;sa , Director
Department of Finance
Date
Page
I
of 2