LAWRENCE J. HOGAN, JR., Governor Ch. 611
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Chapter 611
(House Bill 397)
AN ACT concerning
Maryland–National Capital Park and Planning Commission – Montgomery
County – County Council and District Council – Voting Thresholds
PG/MC 100–22
FOR the purpose of adjusting the voting thresholds necessary for the Montgomery County
Council or the Montgomery County District Council to take certain actions related
to the Maryland–National Capital Park and Planning Commission; and generally
relating to the votes of the Montgomery County Council and District Council
members.
BY repealing and reenacting, with amendments,
Article – Land Use
Section 15–103(a), 15–106(b), 15–108(b)(1), 18–107, 18–116, 22–209(c), and
23–104(b)
Annotated Code of Maryland
(2012 Volume and 2021 Supplement)
BY repealing and reenacting, without amendments,
Article – Land Use
Section 15–106(a)
Annotated Code of Maryland
(2012 Volume and 2021 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Land Use
15–103.
(a) (1) In Montgomery County, the County Council shall make an appointment
to the Commission from a list of applicants.
(2) The list shall be:
(i) completed at least 3 weeks before an appointment is made; and
(ii) made available to the public.
Ch. 611 2022 LAWS OF MARYLAND
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(3) If the County Council does not appoint an individual whose name
appears on the list or if no name appears on the list, the County Council shall provide for
the preparation of a second list and follow the procedures under paragraph (2) of this
subsection.
(4) Within 3 days after making an appointment, the County Council shall
submit the name of the appointee to the County Executive.
(5) Within 30 days after the appointment is submitted, the County
Executive shall approve or disapprove the appointment.
(6) An appointment that is not disapproved by the County Executive in
accordance with this subsection is deemed to be approved.
(7) If the County Executive disapproves an appointment, the County
Executive shall return the appointment to the County Council with the reasons for the
disapproval stated in writing.
(8) By the affirmative vote of [seven] NINE of its members, the County
Council may appoint a commissioner over the disapproval of the County Executive.
15–106.
(a) The County Executive of Prince George’s County, with the approval of a
majority of the members of the County Council, and the Montgomery County Council, with
the approval of the County Executive in accordance with subsection (b) of this section, shall
each designate a commissioner for the position of chair or vice chair.
(b) (1) Within 3 days after making a designation, the Montgomery County
Council shall submit the name of the designee to the County Executive.
(2) Within 30 days after the designation is submitted, the County
Executive shall approve or disapprove the designation.
(3) If the County Executive disapproves a designee, the County Executive
shall return the name of the designee to the County Council with the reasons for the
disapproval stated in writing.
(4) By the affirmative vote of [six] EIGHT of its members, the County
Council may designate a commissioner for the position of chair or vice chair over the
disapproval of the County Executive.
(5) A designation that has not been disapproved by the County Executive
in accordance with this subsection is deemed to be approved.
15–108. LAWRENCE J. HOGAN, JR., Governor Ch. 611
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(b) (1) (i) With the approval of the County Executive of Montgomery
County, the County Council may authorize an appropriate supplementary salary for the
commissioner designated by Montgomery County to serve on a full–time basis.
(ii) If the County Executive fails to approve a supplementary salary
authorization by the County Council within 30 days after the authorization is submitted,
the County Council, by an affirmative vote of [six] EIGHT of its members, may authorize
the supplementary salary without the approval of the County Executive.
18–107.
(a) Within 3 calendar days after approval of the budgets, each county council shall
submit the budgets to the respective county executive.
(b) Within 10 days after delivery of the budgets by the county council, the county
executive may disapprove or reduce any item contained in the budgets or the planning work
program.
(c) If the county executive disapproves or reduces any item in the budgets, the
county executive shall return the budgets to the respective county council with the reasons
for the county executive’s disapproval or reduction stated in writing.
(d) (1) [Within] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS
SUBSECTION, WITHIN 30 days after the respective county executive returns the budgets,
each county council may, by affirmative vote of six of its members, reapprove or restore any
item over the disapproval of the county executive.
(2) IN MONTGOMERY COUNTY, WITHIN 30 DAYS AFTER THE COUNT Y
EXECUTIVE RETURNS TH E BUDGETS, THE COUNTY COUNCIL M AY, BY AFFIRMATIVE
VOTE OF EIGHT OF ITS MEMBERS, REAPPROVE OR RESTORE ANY ITEM OVER THE
DISAPPROVAL OF THE C OUNTY EXECUTIVE .
18–116.
In Montgomery County, the County Council may amend an approved 6–year capital
improvements program at any time by an affirmative vote of [six] EIGHT of its members.
22–209.
(c) (1) Except as provided in paragraph (2) of this subsection, an application
that seeks a zoning classification not shown as appropriate or suitable in the text or on the
land use map of a master plan that the district council has approved under § 21–107 of this
article may be granted only by the affirmative vote of [six] EIGHT members of the district
council.
Ch. 611 2022 LAWS OF MARYLAND
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(2) If the Commission recommends approval of the application for
reclassification or if the application is for a zoning classification created after the district
council approves the master plan, the affirmative vote of [five] SIX members of the district
council is required to grant the application.
23–104.
(b) (1) In Montgomery County:
(i) within 3 days after adopting a subdivision regulation or
amendment, the district council shall submit the regulation or amendment to the County
Executive; and
(ii) within 10 days after the subdivision regulation or amendment is
submitted, the County Executive shall approve or disapprove the regulation or amendment.
(2) If the County Executive disapproves the subdivision regulation or
amendment, the County Executive shall return the regulation or amendment to the district
council with the reasons for the disapproval stated in writing.
(3) By the affirmative vote of [six] EIGHT of its members, the district
council may enact the subdivision regulation or amendment over the disapproval of the
County Executive.
(4) A subdivision regulation or amendment that has not been disapproved
by the County Executive in accordance with this subsection is considered to be approved.
SECTION 2. AND BE IT FURTHER ENACTED, Tha t this Act shall be construed to
apply only prospectively and may not be applied or interpreted to have any effect on or
application to the voting threshold necessary to take any action by the Montgomery County
Council or the Montgomery County District Council before December 5, 2022.
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2022.
Enacted under Article II, § 17(c) of the Maryland Constitution, May 29, 2022.