EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0778*
HOUSE BILL 778
L5 EMERGENCY BILL 3lr0547
By: Montgomery County Delegation and Prince George’s County Delegation
Introduced and read first time: February 8, 2023
Assigned to: Health and Government Operations
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 9, 2023
CHAPTER ______
AN ACT concerning 1
Montgomery County – Maryland–National Capital Park and Planning 2
Commission – Commissioner Requirements and Open Meetings 3
(Montgomery County Planning Trust and Transparency Act of 2023) Bicounty 4
Agencies – Commissioner Discipline, Disclosures, Training, and Ethics 5
MC/PG 105–23 6
FOR the purpose of altering the appointment process, salary authorization process, and 7
terms for commissioners appointed to the Maryland–National Capital Park and 8
Planning Commission from Montgomery County; requiring the County Executive of 9
Montgomery County to appoint one member of the Commission who shall serve as 10
the chair or vice chair of the Commission and chair of the Montgomery County 11
Planning Board; requiring certain public hearings and acceptance of public 12
testimony on each appointment to the Commission from Montgome ry County; 13
prohibiting the chair of the Board from engaging in certain employment; authorizing 14
a bicounty commissioner and an applicant for the Maryland–National Capital Park 15
and Planning Commission to submit certain financial statements to the Montgomery 16
County Council electronically; authorizing and establishing procedures for the 17
Montgomery County Executive or the Montgomery County Council to discipline a 18
commissioner from Montgomery County under certain circumstances; prohibiting a 19
commissioner from Montgomery County from engaging in certain political activities 20
while the commissioner serves on the Commission; prohibiting a former 21
commissioner from Montgomery County from working for certain compensation for 22
a certain period of time after the commissioner leaves office; requiring a 23
commissioner from Montgomery County to complete certain training at certain 24 2 HOUSE BILL 778
times; requiring the Board to publish agendas of open meetings along with certain 1
other materials on its website at certain times; requiring the Board to approve 2
meeting minutes in a certain manner under certain circumstances; prohibiting the 3
chair of the Montgomery County Planning Board from engaging in certain 4
employment; and generally relating to requirements for the members of the 5
Maryland–National Capital Park and Planning Commission from Montgomery 6
County and meetings of the Montgomery County Planning Board applicants and 7
members of bicounty commissions from Montgomery County. 8
BY repealing and reenacting, without amendments, 9
Article – General Provisions 10
Section 5–824(a) 11
Annotated Code of Maryland 12
(2019 Replacement Volume and 2022 Supplement) 13
BY repealing and reenacting, with amendments, 14
Article – General Provisions 15
Section 5–824(c), 5–825, and 5–826 16
Annotated Code of Maryland 17
(2019 Replacement Volume and 2022 Supplement) 18
BY repealing and reenacting, without amendments, 19
Article – Land Use 20
Section 15–101 21
Annotated Code of Maryland 22
(2012 Volume and 2022 Supplement) 23
BY repealing and reenacting, with amendments, 24
Article – Land Use 25
Section 15–102, 15–103(a), 15–105, 15–106, 15–108, 15–120(b), and 20–202(e) 26
Annotated Code of Maryland 27
(2012 Volume and 2022 Supplement) 28
BY adding to 29
Article – Land Use 30
Section 15–103.1 and 15–121 through 15–123 and 20–210 31
Annotated Code of Maryland 32
(2012 Volume and 2022 Supplement) 33
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 34
That the Laws of Maryland read as follows: 35
Article – General Provisions 36
5–824. 37
HOUSE BILL 778 3
(a) In this section, as to the Washington Suburban Transit Commission, 1
“commissioner” includes the members appointed from Montgomery County or Prince 2
George’s County and the members appointed by the Governor. 3
(c) (1) Each commissioner shall file a financial disclosure statement 4
electronically with the Ethics Commission. 5
(2) Except as provided in paragraph (3) of this subsection, each 6
commissioner shall also print a paper copy of the electronically filed financial disclosure 7
statement and submit it to the chief administrative officer of the county from which the 8
commissioner is appointed. 9
(3) In Montgomery County, each commissioner shall also: 10
(I) print a paper copy of the electronically filed financial disclosure 11
statement and submit it to the county council; OR 12
(II) ELECTRONICALLY SUBMI T A COPY OF THE FINA NCIAL 13
DISCLOSURE TO THE CO UNTY COUNCIL . 14
5–825. 15
(a) An applicant for appointment as commissioner shall file the financial 16
disclosure statement required by this part electronically with the Ethics Commission. 17
(b) (1) Except as provided in paragraph (2) of this subsection, an applicant 18
shall also print a paper copy of the electronically filed statement and submit it to the chief 19
administrative officer of the county from which the applicant seeks appointment. 20
(2) In Montgomery County, each applicant to the Maryland –National 21
Capital Park and Planning Commission shall also: 22
(I) print a paper copy of the electronically filed statement and 23
submit it to the county council; OR 24
(II) ELECTRONICALLY SUBMI T A COPY OF THE FINA NCIAL 25
DISCLOSURE TO THE CO UNTY COUNCIL . 26
5–826. 27
(a) (1) Except as provided in paragraph (2) of this subsection, the chief 28
administrative officer of a county shall transmit each financial disclosure statement of a 29
commissioner or appointed applicant to the executive director of the appropriate bicounty 30
commission. 31
4 HOUSE BILL 778
(2) In Montgomery County, the county council shall transmit each 1
financial disclosure statement of a commissioner or appointed applicant to the 2
Maryland–National Capital Park and Planning Commission to the executive director of the 3
commission. 4
(b) The executive director and the chief administrative officer shall retain the 5
statement for the entire term of office of the commissioner. 6
(c) (1) Within 15 days after an appointment to a bicounty commission has 7
become final, IF AN APPLICANT PROV IDED A PAPER COPY OF A FINANCIAL 8
DISCLOSURE, the county council and the chief administrative officer of the county involved 9
shall return to each applicant who is not appointed the original and all copies of the 10
statement submitted by that applicant. 11
(2) On notification by the chief administrative officer of the county involved 12
that an applicant was not appointed, the Ethics Commission shall promptly delete the 13
statement electronically filed by the applicant. 14
Article – Land Use 15
15–101. 16
(a) There is a Maryland–National Capital Park and Planning Commission. 17
(b) The Commission is a body politic and corporate and is an agency of the State. 18
15–102. 19
(a) (1) The Commission consists of 10 members. 20
(2) Of the 10 members of the Commission: 21
(i) five shall be residents and registered voters of Montgomery 22
County; and 23
(ii) five shall be residents and registered voters of Prince George’s 24
County. 25
(3) (i) [Subject] EXCEPT AS PROVIDED IN § 15–103.1 OF THIS 26
SUBTITLE, AND SUBJECT to the approval of the County Executive, the County Council 27
shall appoint each commissioner from Montgomery County. 28
(ii) Subject to the approval of the County Council, the County 29
Executive shall appoint each commissioner from Prince George’s County. 30
(b) Each commissioner shall be an individual of ability, experience, and integrity. 31
HOUSE BILL 778 5
(c) (1) Of the commissioners from each county, not more than three shall be 1
members of the same political party. 2
(2) A commissioner may not be selected as representing or supporting any 3
special interest. 4
(d) (1) The term of a commissioner is 4 years and begins on June 15. 5
(2) The terms of commissioners are staggered as required by the terms 6
provided for commissioners on October 1, 2012. 7
(3) At the end of a term, a commissioner continues to serve until a successor 8
is appointed and qualifies. 9
(4) A commissioner who is appointed after a term has begun serves only for 10
the rest of the term and until a successor is appointed and qualifies. 11
(5) A commissioner who is appointed to fill a vacancy for an unexpired term 12
shall be a member of the same political party as the commissioner who vacated the office. 13
(6) [(i) Except as provided in subparagraph (ii) of this paragraph, a] A 14
commissioner appointed from Montgomery County may not be appointed for [three] MORE 15
THAN TWO consecutive full terms. 16
[(ii) A commissioner appointed from Montgomery County may be 17
appointed for a maximum of three consecutive full terms as a member of the Commission 18
if the commissioner is designated as chair of the Montgomery County Planning Board 19
during the commissioner’s second term in office.] 20
15–103. 21
(a) (1) [In Montgomery County,] EXCEPT AS PROVIDED IN § 15–103.1 OF 22
THIS SUBTITLE, THIS SUBSECTION APPL IES ONLY TO COMMISSI ONERS APPOINTED 23
BY THE MONTGOMERY COUNTY COUNCIL. 24
(2) BY AN AFFIRMATIVE VOT E OF EIGHT OF ITS ME MBERS, the 25
MONTGOMERY County Council shall make an appointment to the Commission from a list 26
of applicants. 27
[(2)] (3) The list shall be: 28
(i) completed at least 3 weeks before an appointment is made; and 29
(ii) made available to the public. 30
6 HOUSE BILL 778
(4) (I) THE COUNTY COUNCIL SHALL HOLD PU BLIC HEARINGS ON 1
EACH APPOINTMENT TO THE COMMISSION. 2
(II) THE COUNTY COUNCIL SHALL ACCEPT PUBLIC TESTIMONY 3
AT A HEARING HELD UN DER SUBPARAGRAPH (I) OF THIS PARAGRAPH . 4
[(3)] (5) If the County Council does not appoint an individual whose name 5
appears on the list or if no name appears on the list, the County Council shall provide for 6
the preparation of a second list and follow the procedures under [paragraph (2)] 7
PARAGRAPHS (3) AND (4) of this subsection. 8
[(4)] (6) Within 3 days after making an appointment, the County Council 9
shall submit the name of the appointee to the County Executive. 10
[(5)] (7) (I) Within 30 days after the appointment is submitted, the 11
County Executive shall approve or disapprove the appointment. 12
[(6)] (II) An appointment that is not disapproved by the County Executive 13
in accordance with this subsection is deemed to be approved. 14
[(7)] (III) If the County Executive disapproves an appointment, the County 15
Executive shall return the appointment to the County Council with the reasons for the 16
disapproval stated in writing. 17
[(8)] (IV) By [the affirmative] A UNANIMOUS vote of [nine of] its 18
members, the County Council may appoint a commissioner over the disapproval of the 19
County Executive. 20
15–103.1. 21
(A) THIS SECTION APPLIES ONLY IN MONTGOMERY COUNTY. 22
(B) THE COUNTY EXECUTIVE SHALL APPOI NT ONE MEMBER TO THE 23
COMMISSION WHO SHALL SERVE AS THE: 24
(1) CHAIR OR VICE CHAIR OF THE COMMISSION, IN ACCORDANCE 25
WITH § 15–106 OF THIS SUBTITLE; AND 26
(2) CHAIR OF THE MONTGOMERY COUNTY PLANNING BOARD. 27
(C) THE REQUIREMENTS OF § 15–103(A)(4) OF THIS SUBTITLE APP LY TO A 28
COMMISSIONER APPOINT ED UNDER THIS SECTIO N. 29
15–105. 30
HOUSE BILL 778 7
(a) (1) (I) [The] WITH THE APPROVAL OF THE COUNTY EXECUTIVE, 1
THE Montgomery County Council may remove OR DISCIPLINE any commissioner 2
appointed from Montgomery County before the expiration of the commissioner’s term. 3
(II) WITH THE APPROVAL OF AN AFFIRMATIVE VOTE OF EIGHT 4
MEMBERS OF THE COUNTY COUNCIL, THE COUNTY EXECUTIVE MAY REMOVE OR 5
DISCIPLINE ANY COMMI SSIONER APPOINTED FR OM MONTGOMERY COUNTY 6
BEFORE THE EXPI RATION OF THE COMMIS SIONER’S TERM. 7
(2) With the approval of a majority of the members of the County Council, 8
the County Executive of Prince George’s County may remove any commissioner appointed 9
from Prince George’s County before the expiration of the commissioner’s term. 10
(b) (1) Except as provided in paragraph (2) of this subsection, before a 11
commissioner may be removed OR DISCIPLINED under subsection (a) of this section: 12
(i) the cause for removal OR DISCIPLINARY ACTI ON shall be stated 13
in writing; and 14
(ii) a public hearing shall be held on the removal OR DISCIPLINARY 15
ACTION. 16
(2) In Prince George’s County, the commissioner sought to be removed may 17
waive in writing the public hearing held by the County Council. 18
(3) IN MONTGOMERY COUNTY, THE COMMISSIONER SOU GHT TO BE 19
REMOVED OR DISCIPLIN ED MAY PARTICIPATE I N THE PUBLIC HEARING . 20
15–106. 21
(a) [The County Executive of Prince George’s County, with the approval of a 22
majority of the members of the County Council, and the Montgomery County Council, with 23
the approval of the County Executive in accordance with subsection (b) of this section, shall 24
each designate a commissioner for the position of chair or vice chair.] 25
(1) EACH COUNTY SHALL DES IGNATE A COMMISSIONE R FOR THE 26
POSITION OF CHAIR AN D VICE CHAIR OF THE COMMISSION AS PROVIDE D IN THIS 27
SECTION. 28
(2) IN PRINCE GEORGE’S COUNTY, THE COUNTY EXECUTIVE, WITH 29
THE APPROVAL OF THE MAJORITY OF THE MEMB ERS OF THE COUNTY COUNCIL, 30
SHALL DESIGNATE A CO MMISSIONER FOR THE P OSITION OF CHAIR OR VICE CHAIR. 31
8 HOUSE BILL 778
(3) IN MONTGOMERY COUNTY, THE COUNTY EXECUTIVE SHALL 1
APPOINT A COMMISSION ER FOR THE POSITION OF CHAIR OR VICE CHA IR IN 2
ACCORDANCE WITH § 15–103.1 OF THIS SUBTITLE. 3
(b) [(1) Within 3 days after making a designation, the Montgomery County 4
Council shall submit the name of the designee to the County Executive. 5
(2) Within 30 days after the designation is submitted, the County 6
Executive shall approve or disapprove the designation. 7
(3) If the County Executive disapproves a designee, the County Executive 8
shall return the name of the designee to the County Council with the reasons for the 9
disapproval stated in writing. 10
(4) By the affirmative vote of eight of its members, the County Council may 11
designate a commissioner for the position of chair or vice chair over the disapproval of the 12
County Executive. 13
(5) A designation that has not been disapproved by the County Executive 14
in accordance with this subsection is deemed to be approved. 15
(c)] The Commission shall elect a chair and vice chair from the commissioners 16
designated in accordance with [subsections (a) and (b)] SUBSECTION (A) of this section. 17
[(d)] (C) (1) The chair shall: 18
(i) preside at meetings of the Commission; and 19
(ii) perform the other customary duties of the office. 20
(2) The vice chair shall preside in the absence of the chair. 21
(3) The chair and vice chair of the Commission also serve as chairs of their 22
respective county planning boards. 23
15–108. 24
(a) (1) (i) Each commissioner other than the chair is entitled to an annual 25
salary of $5,600. 26
(ii) [The] IN PRINCE GEORGE’S COUNTY, THE chair of the 27
Commission is entitled to an annual salary of $6,100. 28
(III) 1. IN MONTGOMERY COUNTY, THE CHAIR OF THE 29
COMMISSION IS ENTITLED TO AN AN NUAL SALARY SET BY T HE COUNTY EXECUTIVE 30
WITH THE APPROVAL OF THE COUNTY COUNCIL. 31 HOUSE BILL 778 9
2. IF THE COUNTY COUNCIL DOES NOT TAKE ACTION ON 1
A SALARY AUTHORIZATI ON UNDER THIS SUBPAR AGRAPH WITHIN 30 DAYS AFTER 2
THE AUTHORIZATION IS SUBMITTED, THE COUNTY EXECUTIVE MAY AUTHORI ZE THE 3
SALARY WITHOUT THE A PPROVAL OF THE COUNTY COUNCIL. 4
(2) All salaries shall be paid monthly from the administrative tax collected 5
by the Commission under § 18–307 of this article. 6
(3) (i) Subject to subparagraph (ii) of this paragraph, each 7
commissioner is entitled to an annual expense allowance not exceeding $2,400, in 8
accordance with rules and regulations the Commission adopts. 9
(ii) A commissioner shall submit a voucher showing the expenses. 10
(b) (1) [(i) With the approval of the County Executive of Montgomery 11
County, the] THE County [Council] EXECUTIVE may authorize an appropriate 12
supplementary salary for the commissioner [designated by Montgomery County to serve 13
on a full–time basis] APPOINTED BY THE COUNTY EXECUTIVE UNDER § 15–103.1 OF 14
THIS SUBTITLE. 15
[(ii) If the County Executive fails to approve a supplementary salary 16
authorization by the County Council within 30 days after the authorization is submitted, 17
the County Council, by an affirmative vote of eight of its members, may authorize the 18
supplementary salary without the approval of the County Executive.] 19
(2) On the recommendation of the County Executive of Prince George’s 20
County, the County Council may authorize an appropriate supplementary salary for the 21
commissioner designated by Prince George’s County to serve on a full–time basis. 22
(3) Any supplementary salary authorized under PARAGRAPH (2) OF this 23
subsection shall be paid from the administrative tax collected by the Commission under § 24
18–307 of this article. 25
(C) (1) (I) IN THIS SUBSECTION TH E FOLLOWING WORDS HA VE THE 26
MEANINGS INDICATED . 27
(II) “EMPLOYMENT ” MEANS ENGAGING IN AN ACTIVITY FOR 28
COMPENSATION , INCLUDING THE ACTIVE SALE OR PROMOTION FO R SALE OF 29
INTELLECTUAL PROPERTY PRODUCED BY THE COMMISSIONER . 30
(III) “INTELLECTUAL PROPERTY ” INCLUDES BOOKS , 31
NEWSPAPER , MAGAZINE, OR JOURNAL ARTICLES , VIDEOS, CRAFTS, AND ARTWORK . 32
10 HOUSE BILL 778
(2) THE COMMISSIONER APPO INTED BY THE COUNTY EXECUTIVE OF 1
MONTGOMERY COUNTY UNDER § 15–103.1 OF THIS SUBTITLE MAY NOT ENGAGE IN 2
ANY OTHER EMPLOYMENT WHILE SERVING ON THE BOARD. 3
15–120. 4
(b) (1) (i) [This] EXCEPT AS PROVIDED IN § 15–108(C)(2) OF THIS 5
SUBTITLE, THIS subsection does not prohibit a commissioner from having or holding a 6
private investment, business, or professional interest, unless the interest is or reasonably 7
may be in conflict with the proper performance of the commissioner’s duty. 8
(ii) A private investment, business, or professional interest is 9
presumed to be in conflict with the proper performance of the commissioner’s duty if the 10
commissioner or the commissioner’s spouse, parent, child, brother, or sister: 11
1. jointly or severally owns more than 3% of the invested 12
capital or capital stock of any entity involved in the decision being made by the 13
commissioner, Commission, or county planning board on which the commissioner serves; 14
or 15
2. receives a total combined compensation of more than 16
$5,000 a year from any person involved in the decision being made by the commissioner, 17
Commission, or county planning board on which the commissioner serves. 18
(2) This subsection does not apply to or include: 19
(i) an interest or investment in land geographically remote from the 20
land involved in the decision; 21
(ii) the ownership of real property on which the commissioner 22
maintains a primary residence; or 23
(iii) a possibility of reverter, a mortgage, or other security interest in 24
real property not otherwise described in this subsection. 25
(3) A commissioner may not: 26
(i) decide, or participate in, a decision in which the commissioner 27
has a financial interest, whether as an owner, member, partner, officer, employee, 28
stockholder, or other participant of or in any private business or professional enterprise, 29
that will be affected by the decision; or 30
(ii) knowingly participate in a decision affecting the financial 31
interest, jointly or severally, of a person related to the commissioner or the commissioner’s 32
spouse, parent, child, brother, or sister. 33
HOUSE BILL 778 11
15–121. 1
(A) IN THIS SECTION, “CANDIDATE”, “CONTRIBUTION ”, AND “POLITICAL 2
COMMITTEE ” HAVE THE MEANINGS ST ATED IN § 1–101 OF THE ELECTION LAW 3
ARTICLE. 4
(B) THIS SECTION APPLIES ONLY: 5
(1) TO COMMISSIONERS APP OINTED FROM MONTGOMERY COUNTY; 6
AND 7
(2) FROM THE DATE OF A COMMISSIONER ’S APPOINTMENT UNTIL THE 8
END OF THE COMMISSIO NER’S TENURE ON THE COMMISSION. 9
(C) (1) A COMMISSIONER MAY NOT , FOR THE BENEFIT OF A N INDIVIDUAL 10
HOLDING A STATE OR LOCAL ELECTE D OFFICE OR A CANDID ATE FOR A STATE OR 11
LOCAL ELECTED OFFICE , ENGAGE IN THE FOLLOWING ACTI VITIES: 12
(I) SOLICITING OR TRANSM ITTING A POLITICAL 13
CONTRIBUTION FROM AN Y PERSON, INCLUDING A POLITICA L COMMITTEE ; 14
(II) SERVING ON A FUND –RAISING COMMITTEE OR A POLITICAL 15
COMMITTEE ; 16
(III) ACTING AS A TREASURE R FOR A CANDIDATE OR AN 17
OFFICIAL OR AS TREAS URER OR CHAIR OF A P OLITICAL COMMITTEE ; 18
(IV) ORGANIZING OR ESTABL ISHING A POLITICAL C OMMITTEE 19
FOR THE PURPOSE OF S OLICITING OR TRANSMI TTING CONTRIBUTIONS FROM ANY 20
PERSON; 21
(V) FORWARDING TICKETS F OR FUND–RAISING ACTIVITIES, OR 22
OTHER SOLICITATIONS FOR POLITICAL CONTRI BUTIONS, TO A POTENTIAL 23
CONTRIBUTOR ; OR 24
(VI) OPENLY CAMPAIGNING O R VOLUNTEERING FOR A 25
CAMPAIGN. 26
(2) THIS SECTION DOES NOT PROHIBIT A COMMISSIO NER FROM: 27
(I) MAKING A PERSONAL PO LITICAL CONTRI BUTION; 28
(II) INFORMING ANY ENTITY OF A POSITION TAKEN BY A 29
CANDIDATE OR AN OFFI CIAL; OR 30 12 HOUSE BILL 778
(III) ENGAGING IN OTHER AC TIVITIES NOT SPECIFI CALLY 1
PROHIBITED UNDER PAR AGRAPH (1) OF THIS SUBSECTION . 2
(3) A COMMISSIONER MAY NOT BE A CANDIDATE FOR A PUBLIC 3
OFFICE WHILE SERVING ON THE COMMISSION. 4
(B) A COMMISSIONER MAY NOT : 5
(1) SOLICIT OR ACCEPT FR OM ANY PERSON WITH B USINESS BEFORE 6
THE COMMISSION A FINANCIA L CONTRIBUTION FOR A NY POLITICAL CANDIDA TE, 7
POLITICAL ORGANIZATI ON, OR BALLOT QUESTION ; OR 8
(2) SOLICIT FROM ANY PER SON WITH BUSINESS BE FORE THE 9
COMMISSION AN ENDORSE MENT OF OR OPPOSITIO N TO A POLITICAL CAN DIDATE. 10
15–122. 11
A NOTWITHSTANDING THE R EQUIREMENTS OF § 5–504 OF THE GENERAL 12
PROVISIONS ARTICLE, A FORMER COMMISSIONER FROM MONTGOMERY COUNTY 13
MAY NOT ASSIST OR RE PRESENT ANOTHER PART Y FOR COMPENSATION I N A MATTER 14
THAT WAS THE SUBJECT OF ACTION BEFORE THE MONTGOMERY COUNTY 15
PLANNING BOARD WHILE THE COMMI SSIONER SERVED ON TH E BOARD FOR 1 16
CALENDAR YEAR FROM T HE DATE THE COMMISSI ONER LEAVES OFFICE . 17
15–123. 18
DURING THE FIRST YEAR OF EACH TERM OF THE COMMISSIONER 19
(A) WITHIN THE FIRST 3 MONTHS FOLLOWING APP OINTMENT, A 20
COMMISSIONER FROM MONTGOMERY COUNTY SHALL SUCCESSF ULLY COMPLETE : 21
(1) THE TRAINING REQUIRE D UNDER § 3–213 OF THE GENERAL 22
PROVISIONS ARTICLE; 23
(2) A COURSE RELATING TO HARASSMENT THE MARYLAND 24
DEPARTMENT OF PLANNING’S PLANNING COMMISSIONER , PLANNING BOARD AND 25
BOARD OF APPEALS EDUCATION COURSE; AND 26
(3) A COURSE ON DIVERSIT Y, EQUITY, AND INCLUSION AND TH E 27
IMPACTS OF IMPLICIT BIAS APPROPRIATE TRAINING ON: 28
(I) MARYLAND PUBLIC ETHICS LAW; AND 29
HOUSE BILL 778 13
(II) MARYLAND–NATIONAL CAPITAL PARK AND PLANNING 1
COMMISSION POLICIES A ND PRACTICES ON : 2
1. ETHICS; 3
2. DRUG– AND ALCOHOL –FREE WORKPLACE ; AND 4
3. WORKPLACE HARASSMENT AND INTIMIDATION. 5
(B) FAILURE OF A COMMISSI ONER TO MEET THE REQ UIREMENTS OF 6
SUBSECTION (A) OF THIS SECTION DOES NOT INVALIDATE A DEC ISION MADE BY THE 7
COMMISSION OR ESTABLI SH A PRIVATE CAUSE O F ACTION. 8
20–202. 9
(e) (1) This subsection applies only to the Montgomery County Planning 10
Board. 11
(2) The Board shall: 12
(i) PUBLISH AND MAINTAIN ON ITS WEBSITE THE A GENDA OF 13
THE OPEN MEETING , TOGETHER WITH A SUMM ARY OF ANY FINALIZED DOCUMENTS , 14
WRITTEN TESTIMONY FR OM THE PUBLIC, AND OTHER MATERIALS THAT THE BOARD 15
WILL VOTE ON AT THE OPEN MEETING : 16
1. AT LEAST 72 HOURS BEFORE EACH ME ETING; OR 17
2. IF THE MEETING IS BE ING HELD DUE TO AN 18
EMERGENCY , A NATURAL DISASTER , OR ANY OTHER UNANTIC IPATED SITUATION , AS 19
FAR IN ADVANCE OF TH E MEETING AS PRACTIC ABLE; 20
(II) stream live video or live teleconference audio or other audio of 21
the open meetings of the Board; 22
[(ii)] (III) maintain on its website a complete and unedited archived 23
recording of each open meeting that is livestreamed in accordance with this subsection; and 24
[(iii)] (IV) notwithstanding § 3–306(b)(2)(i) of the General Provisions 25
Article: 26
1. prepare minutes of each meeting as soon as practicable 27
after the meeting; and 28
2. publish and maintain on its website the minutes of each 29
open meeting prepared in accordance with this subsection. 30 14 HOUSE BILL 778
(3) (I) THE BOARD SHALL APPROVE M EETING MINUTES IN A 1
TIMELY MANNER . 2
(II) EACH OPEN MEETING AGE NDA SHALL INCLUDE 3
CONSIDERATION OF THE MEETING MINUTES FROM THE MOST RECENT MEET ING. 4
(III) THE REQUIREMENT UNDER SU BPARAGRAPH (II) OF THIS 5
PARAGRAPH DOES NOT A PPLY TO THE AGENDA O F AN EMERGENCY MEETI NG IF 6
CONSIDERATION OF THE MEETING MINUTES FROM THE MOST RECENT MEET ING IS 7
NOT PRACTICABLE BECA USE OF THE NEED TO H OLD AN EMERGENCY MEE TING. 8
(4) The inability of the Board to comply with paragraph [(2)(i) and (ii)] 9
(2)(II) AND (III) of this subsection due to technical failure that entirely prevents or 10
otherwise affects the quality of the live video or audio streaming of a meeting of the Board 11
does not affect the validity of any action taken by the Board during the meeting if: 12
(i) the Board otherwise complies with this subsection and the Open 13
Meetings Act; and 14
(ii) the inability to comply is not due to willful action by the Board. 15
[(4)] (5) In addition to complying with the minutes requirements of the 16
Open Meetings Act under § 3–306 of the General Provisions Article, if the Board is unable 17
to comply with paragraph [(2)(i)] (2)(II) of this subsection, the Board shall make 18
good–faith efforts to record an open meeting by video or audio and maintain on its website 19
a complete and unedited archived recording of the meeting. 20
SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency 21
measure, is necessary for the immediate preservation of the public health or safety, has 22
been passed by a yea and nay vote supported by three–fifths of all the members elected to 23
each of the two Houses of the General Assembly, and shall take effect from the date it is 24
enacted. 25
20–210. 26
THE CHAIR OF THE MONTGOM ERY COUNTY PLANNING BOARD MAY NOT 27
ENGAGE IN ANY OTHER FULL–TIME EMPLOYMENT WHIL E SERVING AS CHAIR . 28
SECTION 2. AND BE IT FURTHER ENACTED, That on or before December 31, 29
2023, the Montgomery County Planning Board of the Maryland–National Capital Park and 30
Planning Commission shall report to the members of the Montgomery County Delegation 31
to the General Assembly, in accordance with § 2–1257 of the State Government Article, on 32
the ability of the Board to publish on its website frequently updated, timely information on 33
regulatory matters over which the Board has decision–making authority, including the 34
ability of the Board to provide: 35 HOUSE BILL 778 15
(1) summaries of the substance of applications; 1
(2) information on required findings; 2
(3) information on any community concerns received by the Commission; 3
and 4
(4) information on additional written testimony received by the 5
Commission after the deadline for public testimony. 6
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 7
October 1, 2023. 8
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.