EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1009*
HOUSE BILL 1009
L5 3lr0841
By: Montgomery County Delegation and Prince George’s County Delegation
Introduced and read first time: February 10, 2023
Assigned to: Environment and Transportation
A BILL ENTITLED
AN ACT concerning 1
Maryland–National Capital Park and Planning Commission – Members 2
MC/PG 109–23 3
FOR the purpose of repealing the requirement that not more than three members of the 4
Maryland–National Capital Park and Planning Commission from each county be 5
members of the same political party; requiring the County Council of Montgomery 6
County and the County Executive of Prince George’s County to consider certain 7
diversity needs when making appointments for membership on the Commission; 8
establishing that the party composition of county commissioners from each county 9
shall be based on the election results for the County Executive in the last preceding 10
general election; and generally relating to the membership of the 11
Maryland–National Capital Park and Planning Commission. 12
BY repealing and reenacting, without amendments, 13
Article – Land Use 14
Section 15–101 15
Annotated Code of Maryland 16
(2012 Volume and 2022 Supplement) 17
BY repealing and reenacting, with amendments, 18
Article – Land Use 19
Section 15–102 20
Annotated Code of Maryland 21
(2012 Volume and 2022 Supplement) 22
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 23
That the Laws of Maryland read as follows: 24
Article – Land Use 25
2 HOUSE BILL 1009
15–101. 1
(a) There is a Maryland–National Capital Park and Planning Commission. 2
(b) The Commission is a body politic and corporate and is an agency of the State. 3
15–102. 4
(a) (1) The Commission consists of 10 members. 5
(2) Of the 10 members of the Commission: 6
(i) five shall be residents and registered voters of Montgomery 7
County; and 8
(ii) five shall be residents and registered voters of Prince George’s 9
County. 10
(3) (i) Subject to the approval of the County Executive, the County 11
Council shall appoint each commissioner from Montgomery County. 12
(ii) Subject to the approval of the County Council, the County 13
Executive shall appoint each commissioner from Prince George’s County. 14
(b) Each commissioner shall be an individual of ability, experience, and integrity. 15
(c) (1) [Of the commissioners from each county, not more than three shall be 16
members of the same political party] WHEN MAKING AN APPOIN TMENT FOR 17
MEMBERSHIP ON THE COMMISSION, THE COUNTY COUNCIL OF MONTGOMERY 18
COUNTY AND, SUBJECT TO § 15–103(B) OF THIS SUBTITLE, THE COUNTY EXECUTIVE 19
OF PRINCE GEORGE’S COUNTY SHALL CONSIDER THE NEED FOR GEOGRAP HIC, 20
POLITICAL, RACIAL, ETHNIC, AND GENDER DIVERSITY AND FOR THE INCLUSIO N OF 21
INDIVIDUALS WITH DIS ABILITIES ON THE COMMISSION. 22
(2) OF THE COMMISSIONERS FROM EACH COUNTY : 23
(I) IF THE COUNTY EXECUTIVE RECEIVED LE SS THAN 80% OF 24
THE VOTES CAST AT TH E LAST PRECEDING GEN ERAL ELECTION , NOT MORE THAN 25
THREE COMMISSIONERS MAY BE OF THE SAME P OLITICAL PARTY AS TH E COUNTY 26
EXECUTIVE; OR 27
(II) IF THE COUNTY EXECUTIVE RECEIVED AT LEAST 80% OF 28
THE VOTES CAST AT TH E LAST PRECEDING GEN ERAL ELECTION , NOT MORE THAN 29
FOUR COMMISSIONERS M AY BE OF THE SAME PO LITICAL PARTY AS THE COUNTY 30
EXECUTIVE. 31 HOUSE BILL 1009 3
[(2)] (3) A commissioner may not be selected as representing or 1
supporting any special interest. 2
(d) (1) The term of a commissioner is 4 years and begins on June 15. 3
(2) The terms of commissioners are staggered as required by the terms 4
provided for commissioners on October 1, 2012. 5
(3) At the end of a term, a commissioner continues to serve until a successor 6
is appointed and qualifies. 7
(4) A commissioner who is appointed after a term has begun serves only for 8
the rest of the term and until a successor is appointed and qualifies. 9
(5) A commissioner who is appointed to fill a vacancy for an unexpired term 10
shall be a member of the same political party as the commissioner who vacated the office. 11
(6) (i) Except as provided in subparagraph (ii) of this paragraph, a 12
commissioner appointed from Montgomery County may not be appointed for three 13
consecutive full terms. 14
(ii) A commissioner appointed from Montgomery County may be 15
appointed for a maximum of three consecutive full terms as a member of the Commission 16
if the commissioner is designated as chair of the Montgomery County Planning Board 17
during the commissioner’s second term in office. 18
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 19
October 1, 2023. 20