MD
Maryland House Bill HB778

Maryland 2023 Regular Session

Maryland House Bill HB778 Compare Versions

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1- WES MOORE, Governor Ch. 239
21
3-– 1 –
4-Chapter 239
5-(House Bill 778)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ *hb0778*
89
9-Montgomery County – Maryland–National Capital Park and Planning
10-Commission – Commissioner Requirements and Open Meetings
11-(Montgomery County Planning Trust and Transparency Act of 2023) Bicounty
12-Agencies – Commissioner Discipline, Disclosures, Training, and Ethics
10+HOUSE BILL 778
11+L5 EMERGENCY BILL 3lr0547
1312
14-MC/PG 105–23
13+By: Montgomery County Delegation and Prince George’s County Delegation
14+Introduced and read first time: February 8, 2023
15+Assigned to: Health and Government Operations
16+Committee Report: Favorable with amendments
17+House action: Adopted
18+Read second time: March 9, 2023
1519
16-FOR the purpose of altering the appointment process, salary authorization process, and
17-terms for commissioners appointed to the Maryland–National Capital Park and
18-Planning Commission from Montgomery County; requiring the County Executive of
19-Montgomery County to appoint one member of the Commission who shall serve as
20-the chair or vice chair of the Commission and chair of the Montgomery County
21-Planning Board; requiring certain public hearings and acceptance of public
22-testimony on each appointment to the Commission from Montgomery County;
23-prohibiting the chair of the Board from engaging in certain employment; authorizing
24-a bicounty commissioner and an applicant for the Maryland–National Capital Park
25-and Planning Commission to submit certain financial statements to the Montgomery
26-County Council electronically; authorizing and establishing procedures for the
27-Montgomery County Executive or the Montgomery County Council to discipline a
28-commissioner from Montgomery County under certain circumstances; prohibiting a
29-commissioner from Montgomery County from engaging in certain political activities
30-while the commissioner serves on the Commission; prohibiting a former
31-commissioner from Montgomery County from working for certain compensation for
32-a certain period of time after the commissioner leaves office; requiring a
33-commissioner from Montgomery County to complete certain training at certain
34-times; requiring the Board to publish agendas of open meetings along with certain
35-other materials on its website at certain times; requiring the Board to approve
36-meeting minutes in a certain manner under certain circumstances; prohibiting the
37-chair of the Montgomery County Planning Board from engaging in certain
38-employment; and generally relating to requirements for the members of the
39-Maryland–National Capital Park and Planning Commission from Montgomery
40-County and meetings of the Montgomery County Planning Board applicants and
41-members of bicounty commissions from Montgomery County.
20+CHAPTER ______
4221
43-BY repealing and reenacting, without amendments,
44- Article – General Provisions
45- Section 5–824(a)
46- Annotated Code of Maryland
47- (2019 Replacement Volume and 2022 Supplement)
22+AN ACT concerning 1
4823
49-BY repealing and reenacting, with amendments, Ch. 239 2023 LAWS OF MARYLAND
24+Montgomery County – Maryland–National Capital Park and Planning 2
25+Commission – Commissioner Requirements and Open Meetings 3
26+(Montgomery County Planning Trust and Transparency Act of 2023) Bicounty 4
27+Agencies – Commissioner Discipline, Disclosures, Training, and Ethics 5
5028
51-– 2 –
52- Article – General Provisions
53- Section 5–824(c), 5–825, and 5–826
54- Annotated Code of Maryland
55- (2019 Replacement Volume and 2022 Supplement)
29+MC/PG 105–23 6
5630
57-BY repealing and reenacting, without amendments,
58- Article – Land Use
59-Section 15–101
60- Annotated Code of Maryland
61- (2012 Volume and 2022 Supplement)
31+FOR the purpose of altering the appointment process, salary authorization process, and 7
32+terms for commissioners appointed to the Maryland–National Capital Park and 8
33+Planning Commission from Montgomery County; requiring the County Executive of 9
34+Montgomery County to appoint one member of the Commission who shall serve as 10
35+the chair or vice chair of the Commission and chair of the Montgomery County 11
36+Planning Board; requiring certain public hearings and acceptance of public 12
37+testimony on each appointment to the Commission from Montgome ry County; 13
38+prohibiting the chair of the Board from engaging in certain employment; authorizing 14
39+a bicounty commissioner and an applicant for the Maryland–National Capital Park 15
40+and Planning Commission to submit certain financial statements to the Montgomery 16
41+County Council electronically; authorizing and establishing procedures for the 17
42+Montgomery County Executive or the Montgomery County Council to discipline a 18
43+commissioner from Montgomery County under certain circumstances; prohibiting a 19
44+commissioner from Montgomery County from engaging in certain political activities 20
45+while the commissioner serves on the Commission; prohibiting a former 21
46+commissioner from Montgomery County from working for certain compensation for 22
47+a certain period of time after the commissioner leaves office; requiring a 23
48+commissioner from Montgomery County to complete certain training at certain 24 2 HOUSE BILL 778
6249
63-BY repealing and reenacting, with amendments,
64- Article – Land Use
65-Section 15–102, 15–103(a), 15–105, 15–106, 15–108, 15–120(b), and 20–202(e)
66- Annotated Code of Maryland
67- (2012 Volume and 2022 Supplement)
6850
69-BY adding to
70- Article – Land Use
71-Section 15–103.1 and 15–121 through 15–123 and 20–210
72- Annotated Code of Maryland
73- (2012 Volume and 2022 Supplement)
51+times; requiring the Board to publish agendas of open meetings along with certain 1
52+other materials on its website at certain times; requiring the Board to approve 2
53+meeting minutes in a certain manner under certain circumstances; prohibiting the 3
54+chair of the Montgomery County Planning Board from engaging in certain 4
55+employment; and generally relating to requirements for the members of the 5
56+Maryland–National Capital Park and Planning Commission from Montgomery 6
57+County and meetings of the Montgomery County Planning Board applicants and 7
58+members of bicounty commissions from Montgomery County. 8
7459
75- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
76-That the Laws of Maryland read as follows:
60+BY repealing and reenacting, without amendments, 9
61+ Article – General Provisions 10
62+ Section 5–824(a) 11
63+ Annotated Code of Maryland 12
64+ (2019 Replacement Volume and 2022 Supplement) 13
7765
78-Article – General Provisions
66+BY repealing and reenacting, with amendments, 14
67+ Article – General Provisions 15
68+ Section 5–824(c), 5–825, and 5–826 16
69+ Annotated Code of Maryland 17
70+ (2019 Replacement Volume and 2022 Supplement) 18
7971
80-5–824.
72+BY repealing and reenacting, without amendments, 19
73+ Article – Land Use 20
74+Section 15–101 21
75+ Annotated Code of Maryland 22
76+ (2012 Volume and 2022 Supplement) 23
8177
82- (a) In this section, as to the Washington Suburban Transit Commission,
83-“commissioner” includes the members appointed from Montgomery County or Prince
84-George’s County and the members appointed by the Governor.
78+BY repealing and reenacting, with amendments, 24
79+ Article – Land Use 25
80+Section 15–102, 15–103(a), 15–105, 15–106, 15–108, 15–120(b), and 20–202(e) 26
81+ Annotated Code of Maryland 27
82+ (2012 Volume and 2022 Supplement) 28
8583
86- (c) (1) Each commissioner shall file a financial disclosure statement
87-electronically with the Ethics Commission.
84+BY adding to 29
85+ Article – Land Use 30
86+Section 15–103.1 and 15–121 through 15–123 and 20–210 31
87+ Annotated Code of Maryland 32
88+ (2012 Volume and 2022 Supplement) 33
8889
89- (2) Except as provided in paragraph (3) of this subsection, each
90-commissioner shall also print a paper copy of the electronically filed financial disclosure
91-statement and submit it to the chief administrative officer of the county from which the
92-commissioner is appointed.
90+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 34
91+That the Laws of Maryland read as follows: 35
9392
94- (3) In Montgomery County, each commissioner shall also:
93+Article – General Provisions 36
9594
96- (I) print a paper copy of the electronically filed financial disclosure
97-statement and submit it to the county council; OR WES MOORE, Governor Ch. 239
95+5–824. 37
96+ HOUSE BILL 778 3
9897
99-– 3 –
10098
101- (II) ELECTRONICALLY SUBMI T A COPY OF THE FINA NCIAL
102-DISCLOSURE TO THE CO UNTY COUNCIL .
99+ (a) In this section, as to the Washington Suburban Transit Commission, 1
100+“commissioner” includes the members appointed from Montgomery County or Prince 2
101+George’s County and the members appointed by the Governor. 3
103102
104-5–825.
103+ (c) (1) Each commissioner shall file a financial disclosure statement 4
104+electronically with the Ethics Commission. 5
105105
106- (a) An applicant for appointment as commissioner shall file the financial
107-disclosure statement required by this part electronically with the Ethics Commission.
106+ (2) Except as provided in paragraph (3) of this subsection, each 6
107+commissioner shall also print a paper copy of the electronically filed financial disclosure 7
108+statement and submit it to the chief administrative officer of the county from which the 8
109+commissioner is appointed. 9
108110
109- (b) (1) Except as provided in paragraph (2) of this subsection, an applicant
110-shall also print a paper copy of the electronically filed statement and submit it to the chief
111-administrative officer of the county from which the applicant seeks appointment.
111+ (3) In Montgomery County, each commissioner shall also: 10
112112
113- (2) In Montgomery County, each applicant to the Maryland –National
114-Capital Park and Planning Commission shall also:
113+ (I) print a paper copy of the electronically filed financial disclosure 11
114+statement and submit it to the county council; OR 12
115115
116- (I) print a paper copy of the electronically filed statement and
117-submit it to the county council; OR
116+ (II) ELECTRONICALLY SUBMI T A COPY OF THE FINA NCIAL 13
117+DISCLOSURE TO THE CO UNTY COUNCIL . 14
118118
119- (II) ELECTRONICALLY SUBMI T A COPY OF THE FINA NCIAL
120-DISCLOSURE TO THE CO UNTY COUNCIL .
119+5–825. 15
121120
122-5–826.
121+ (a) An applicant for appointment as commissioner shall file the financial 16
122+disclosure statement required by this part electronically with the Ethics Commission. 17
123123
124- (a) (1) Except as provided in paragraph (2) of this subsection, the chief
125-administrative officer of a county shall transmit each financial disclosure statement of a
126-commissioner or appointed applicant to the executive director of the appropriate bicounty
127-commission.
124+ (b) (1) Except as provided in paragraph (2) of this subsection, an applicant 18
125+shall also print a paper copy of the electronically filed statement and submit it to the chief 19
126+administrative officer of the county from which the applicant seeks appointment. 20
128127
129- (2) In Montgomery County, the county council shall transmit each
130-financial disclosure statement of a commissioner or appointed applicant to the
131-Maryland–National Capital Park and Planning Commission to the executive director of the
132-commission.
128+ (2) In Montgomery County, each applicant to the Maryland –National 21
129+Capital Park and Planning Commission shall also: 22
133130
134- (b) The executive director and the chief administrative officer shall retain the
135-statement for the entire term of office of the commissioner.
131+ (I) print a paper copy of the electronically filed statement and 23
132+submit it to the county council; OR 24
136133
137- (c) (1) Within 15 days after an appointment to a bicounty commission has
138-become final, IF AN APPLICANT PROV IDED A PAPER COPY OF A FINANCIAL
139-DISCLOSURE, the county council and the chief administrative officer of the county involved
140-shall return to each applicant who is not appointed the original and all copies of the
141-statement submitted by that applicant.
134+ (II) ELECTRONICALLY SUBMI T A COPY OF THE FINA NCIAL 25
135+DISCLOSURE TO THE CO UNTY COUNCIL . 26
142136
143- (2) On notification by the chief administrative officer of the county involved
144-that an applicant was not appointed, the Ethics Commission shall promptly delete the
145-statement electronically filed by the applicant. Ch. 239 2023 LAWS OF MARYLAND
137+5–826. 27
146138
147-– 4 –
139+ (a) (1) Except as provided in paragraph (2) of this subsection, the chief 28
140+administrative officer of a county shall transmit each financial disclosure statement of a 29
141+commissioner or appointed applicant to the executive director of the appropriate bicounty 30
142+commission. 31
143+ 4 HOUSE BILL 778
148144
149-Article – Land Use
150145
151-15–101.
146+ (2) In Montgomery County, the county council shall transmit each 1
147+financial disclosure statement of a commissioner or appointed applicant to the 2
148+Maryland–National Capital Park and Planning Commission to the executive director of the 3
149+commission. 4
152150
153- (a) There is a Maryland–National Capital Park and Planning Commission.
151+ (b) The executive director and the chief administrative officer shall retain the 5
152+statement for the entire term of office of the commissioner. 6
154153
155- (b) The Commission is a body politic and corporate and is an agency of the State.
154+ (c) (1) Within 15 days after an appointment to a bicounty commission has 7
155+become final, IF AN APPLICANT PROV IDED A PAPER COPY OF A FINANCIAL 8
156+DISCLOSURE, the county council and the chief administrative officer of the county involved 9
157+shall return to each applicant who is not appointed the original and all copies of the 10
158+statement submitted by that applicant. 11
156159
157-15–102.
160+ (2) On notification by the chief administrative officer of the county involved 12
161+that an applicant was not appointed, the Ethics Commission shall promptly delete the 13
162+statement electronically filed by the applicant. 14
158163
159- (a) (1) The Commission consists of 10 members.
164+Article – Land Use 15
160165
161- (2) Of the 10 members of the Commission:
166+15–101. 16
162167
163- (i) five shall be residents and registered voters of Montgomery
164-County; and
168+ (a) There is a Maryland–National Capital Park and Planning Commission. 17
165169
166- (ii) five shall be residents and registered voters of Prince George’s
167-County.
170+ (b) The Commission is a body politic and corporate and is an agency of the State. 18
168171
169- (3) (i) [Subject] EXCEPT AS PROVIDED IN § 15–103.1 OF THIS
170-SUBTITLE, AND SUBJECT to the approval of the County Executive, the County Council
171-shall appoint each commissioner from Montgomery County.
172+15–102. 19
172173
173- (ii) Subject to the approval of the County Council, the County
174-Executive shall appoint each commissioner from Prince George’s County.
174+ (a) (1) The Commission consists of 10 members. 20
175175
176- (b) Each commissioner shall be an individual of ability, experience, and integrity.
176+ (2) Of the 10 members of the Commission: 21
177177
178- (c) (1) Of the commissioners from each county, not more than three shall be
179-members of the same political party.
178+ (i) five shall be residents and registered voters of Montgomery 22
179+County; and 23
180180
181- (2) A commissioner may not be selected as representing or supporting any
182-special interest.
181+ (ii) five shall be residents and registered voters of Prince George’s 24
182+County. 25
183183
184- (d) (1) The term of a commissioner is 4 years and begins on June 15.
184+ (3) (i) [Subject] EXCEPT AS PROVIDED IN § 15–103.1 OF THIS 26
185+SUBTITLE, AND SUBJECT to the approval of the County Executive, the County Council 27
186+shall appoint each commissioner from Montgomery County. 28
185187
186- (2) The terms of commissioners are staggered as required by the terms
187-provided for commissioners on October 1, 2012.
188+ (ii) Subject to the approval of the County Council, the County 29
189+Executive shall appoint each commissioner from Prince George’s County. 30
188190
189- (3) At the end of a term, a commissioner continues to serve until a successor
190-is appointed and qualifies.
191+ (b) Each commissioner shall be an individual of ability, experience, and integrity. 31
192+ HOUSE BILL 778 5
191193
192- (4) A commissioner who is appointed after a term has begun serves only for
193-the rest of the term and until a successor is appointed and qualifies. WES MOORE, Governor Ch. 239
194194
195-– 5 –
195+ (c) (1) Of the commissioners from each county, not more than three shall be 1
196+members of the same political party. 2
196197
197- (5) A commissioner who is appointed to fill a vacancy for an unexpired term
198-shall be a member of the same political party as the commissioner who vacated the office.
198+ (2) A commissioner may not be selected as representing or supporting any 3
199+special interest. 4
199200
200- (6) [(i) Except as provided in subparagraph (ii) of this paragraph, a] A
201-commissioner appointed from Montgomery County may not be appointed for [three] MORE
202-THAN TWO consecutive full terms.
201+ (d) (1) The term of a commissioner is 4 years and begins on June 15. 5
203202
204- [(ii) A commissioner appointed from Montgomery County may be
205-appointed for a maximum of three consecutive full terms as a member of the Commission
206-if the commissioner is designated as chair of the Montgomery County Planning Board
207-during the commissioner’s second term in office.]
203+ (2) The terms of commissioners are staggered as required by the terms 6
204+provided for commissioners on October 1, 2012. 7
208205
209-15–103.
206+ (3) At the end of a term, a commissioner continues to serve until a successor 8
207+is appointed and qualifies. 9
210208
211- (a) (1) [In Montgomery County,] EXCEPT AS PROVIDED IN § 15–103.1 OF
212-THIS SUBTITLE, THIS SUBSECTION APPL IES ONLY TO COMMISSI ONERS APPOINTED
213-BY THE MONTGOMERY COUNTY COUNCIL.
209+ (4) A commissioner who is appointed after a term has begun serves only for 10
210+the rest of the term and until a successor is appointed and qualifies. 11
214211
215- (2) BY AN AFFIRMATIVE VOT E OF EIGHT OF ITS ME MBERS, the
216-MONTGOMERY County Council shall make an appointment to the Commission from a list
217-of applicants.
212+ (5) A commissioner who is appointed to fill a vacancy for an unexpired term 12
213+shall be a member of the same political party as the commissioner who vacated the office. 13
218214
219- [(2)] (3) The list shall be:
215+ (6) [(i) Except as provided in subparagraph (ii) of this paragraph, a] A 14
216+commissioner appointed from Montgomery County may not be appointed for [three] MORE 15
217+THAN TWO consecutive full terms. 16
220218
221- (i) completed at least 3 weeks before an appointment is made; and
219+ [(ii) A commissioner appointed from Montgomery County may be 17
220+appointed for a maximum of three consecutive full terms as a member of the Commission 18
221+if the commissioner is designated as chair of the Montgomery County Planning Board 19
222+during the commissioner’s second term in office.] 20
222223
223- (ii) made available to the public.
224+15–103. 21
224225
225- (4) (I) THE COUNTY COUNCIL SHALL HOLD PU BLIC HEARINGS ON
226-EACH APPOINTMENT TO THE COMMISSION.
226+ (a) (1) [In Montgomery County,] EXCEPT AS PROVIDED IN § 15–103.1 OF 22
227+THIS SUBTITLE, THIS SUBSECTION APPL IES ONLY TO COMMISSI ONERS APPOINTED 23
228+BY THE MONTGOMERY COUNTY COUNCIL. 24
227229
228- (II) THE COUNTY COUNCIL SHALL ACCEPT PUBLIC TESTIMONY
229-AT A HEARING HELD UN DER SUBPARAGRAPH (I) OF THIS PARAGRAPH .
230+ (2) BY AN AFFIRMATIVE VOT E OF EIGHT OF ITS ME MBERS, the 25
231+MONTGOMERY County Council shall make an appointment to the Commission from a list 26
232+of applicants. 27
230233
231- [(3)] (5) If the County Council does not appoint an individual whose name
232-appears on the list or if no name appears on the list, the County Council shall provide for
233-the preparation of a second list and follow the procedures under [paragraph (2)]
234-PARAGRAPHS (3) AND (4) of this subsection.
234+ [(2)] (3) The list shall be: 28
235235
236- [(4)] (6) Within 3 days after making an appointment, the County Council
237-shall submit the name of the appointee to the County Executive.
236+ (i) completed at least 3 weeks before an appointment is made; and 29
238237
239- [(5)] (7) (I) Within 30 days after the appointment is submitted, the
240-County Executive shall approve or disapprove the appointment. Ch. 239 2023 LAWS OF MARYLAND
238+ (ii) made available to the public. 30
239+ 6 HOUSE BILL 778
241240
242-– 6 –
243241
244- [(6)] (II) An appointment that is not disapproved by the County Executive
245-in accordance with this subsection is deemed to be approved.
242+ (4) (I) THE COUNTY COUNCIL SHALL HOLD PU BLIC HEARINGS ON 1
243+EACH APPOINTMENT TO THE COMMISSION. 2
246244
247- [(7)] (III) If the County Executive disapproves an appointment, the County
248-Executive shall return the appointment to the County Council with the reasons for the
249-disapproval stated in writing.
245+ (II) THE COUNTY COUNCIL SHALL ACCEPT PUBLIC TESTIMONY 3
246+AT A HEARING HELD UN DER SUBPARAGRAPH (I) OF THIS PARAGRAPH . 4
250247
251- [(8)] (IV) By [the affirmative] A UNANIMOUS vote of [nine of] its
252-members, the County Council may appoint a commissioner over the disapproval of the
253-County Executive.
248+ [(3)] (5) If the County Council does not appoint an individual whose name 5
249+appears on the list or if no name appears on the list, the County Council shall provide for 6
250+the preparation of a second list and follow the procedures under [paragraph (2)] 7
251+PARAGRAPHS (3) AND (4) of this subsection. 8
254252
255-15–103.1.
253+ [(4)] (6) Within 3 days after making an appointment, the County Council 9
254+shall submit the name of the appointee to the County Executive. 10
256255
257- (A) THIS SECTION APPLIES ONLY IN MONTGOMERY COUNTY.
256+ [(5)] (7) (I) Within 30 days after the appointment is submitted, the 11
257+County Executive shall approve or disapprove the appointment. 12
258258
259- (B) THE COUNTY EXECUTIVE SHALL APPOI NT ONE MEMBER TO THE
260-COMMISSION WHO SHALL SERVE AS THE:
259+ [(6)] (II) An appointment that is not disapproved by the County Executive 13
260+in accordance with this subsection is deemed to be approved. 14
261261
262- (1) CHAIR OR VICE CHAIR OF THE COMMISSION, IN ACCORDANCE
263-WITH § 15–106 OF THIS SUBTITLE; AND
262+ [(7)] (III) If the County Executive disapproves an appointment, the County 15
263+Executive shall return the appointment to the County Council with the reasons for the 16
264+disapproval stated in writing. 17
264265
265- (2) CHAIR OF THE MONTGOMERY COUNTY PLANNING BOARD.
266+ [(8)] (IV) By [the affirmative] A UNANIMOUS vote of [nine of] its 18
267+members, the County Council may appoint a commissioner over the disapproval of the 19
268+County Executive. 20
266269
267- (C) THE REQUIREMENTS OF § 15–103(A)(4) OF THIS SUBTITLE APP LY TO A
268-COMMISSIONER APPOINT ED UNDER THIS SECTIO N.
270+15–103.1. 21
269271
270-15–105.
272+ (A) THIS SECTION APPLIES ONLY IN MONTGOMERY COUNTY. 22
271273
272- (a) (1) (I) [The] WITH THE APPROVAL OF THE COUNTY EXECUTIVE,
273-THE Montgomery County Council may remove OR DISCIPLINE any commissioner
274-appointed from Montgomery County before the expiration of the commissioner’s term.
274+ (B) THE COUNTY EXECUTIVE SHALL APPOI NT ONE MEMBER TO THE 23
275+COMMISSION WHO SHALL SERVE AS THE: 24
275276
276- (II) WITH THE APPROVAL OF AN AFFIRMATIVE VOTE OF EIGHT
277-MEMBERS OF THE COUNTY COUNCIL, THE COUNTY EXECUTIVE MAY REMOVE OR
278-DISCIPLINE ANY COMMI SSIONER APPOINTED FR OM MONTGOMERY COUNTY
279-BEFORE THE EXPIRATIO N OF THE COMMISSIONE R’S TERM.
277+ (1) CHAIR OR VICE CHAIR OF THE COMMISSION, IN ACCORDANCE 25
278+WITH § 15–106 OF THIS SUBTITLE; AND 26
280279
281- (2) With the approval of a majority of the members of the County Council,
282-the County Executive of Prince George’s County may remove any commissioner appointed
283-from Prince George’s County before the expiration of the commissioner’s term.
280+ (2) CHAIR OF THE MONTGOMERY COUNTY PLANNING BOARD. 27
284281
285- (b) (1) Except as provided in paragraph (2) of this subsection, before a
286-commissioner may be removed OR DISCIPLINED under subsection (a) of this section: WES MOORE, Governor Ch. 239
282+ (C) THE REQUIREMENTS OF § 15–103(A)(4) OF THIS SUBTITLE APP LY TO A 28
283+COMMISSIONER APPOINT ED UNDER THIS SECTIO N. 29
287284
288-– 7 –
285+15–105. 30
286+ HOUSE BILL 778 7
289287
290- (i) the cause for removal OR DISCIPLINARY ACTI ON shall be stated
291-in writing; and
292288
293- (ii) a public hearing shall be held on the removal OR DISCIPLINARY
294-ACTION.
289+ (a) (1) (I) [The] WITH THE APPROVAL OF THE COUNTY EXECUTIVE, 1
290+THE Montgomery County Council may remove OR DISCIPLINE any commissioner 2
291+appointed from Montgomery County before the expiration of the commissioner’s term. 3
295292
296- (2) In Prince George’s County, the commissioner sought to be removed may
297-waive in writing the public hearing held by the County Council.
293+ (II) WITH THE APPROVAL OF AN AFFIRMATIVE VOTE OF EIGHT 4
294+MEMBERS OF THE COUNTY COUNCIL, THE COUNTY EXECUTIVE MAY REMOVE OR 5
295+DISCIPLINE ANY COMMI SSIONER APPOINTED FR OM MONTGOMERY COUNTY 6
296+BEFORE THE EXPI RATION OF THE COMMIS SIONER’S TERM. 7
298297
299- (3) IN MONTGOMERY COUNTY, THE COMMISSIONER SOU GHT TO BE
300-REMOVED OR DISCIPLIN ED MAY PARTICIPATE I N THE PUBLIC HEARING .
298+ (2) With the approval of a majority of the members of the County Council, 8
299+the County Executive of Prince George’s County may remove any commissioner appointed 9
300+from Prince George’s County before the expiration of the commissioner’s term. 10
301301
302-15–106.
302+ (b) (1) Except as provided in paragraph (2) of this subsection, before a 11
303+commissioner may be removed OR DISCIPLINED under subsection (a) of this section: 12
303304
304- (a) [The County Executive of Prince George’s County, with the approval of a
305-majority of the members of the County Council, and the Montgomery County Council, with
306-the approval of the County Executive in accordance with subsection (b) of this section, shall
307-each designate a commissioner for the position of chair or vice chair.]
305+ (i) the cause for removal OR DISCIPLINARY ACTI ON shall be stated 13
306+in writing; and 14
308307
309- (1) EACH COUNTY SHALL DES IGNATE A COMMISSIONE R FOR THE
310-POSITION OF CHAIR AN D VICE CHAIR OF THE COMMISSION AS PROVIDE D IN THIS
311-SECTION.
308+ (ii) a public hearing shall be held on the removal OR DISCIPLINARY 15
309+ACTION. 16
312310
313- (2) IN PRINCE GEORGE’S COUNTY, THE COUNTY EXECUTIVE, WITH
314-THE APPROVAL OF THE MAJORITY OF THE MEMB ERS OF THE COUNTY COUNCIL,
315-SHALL DESIGNATE A CO MMISSIONER FOR THE P OSITION OF CHAIR OR VICE CHAIR.
311+ (2) In Prince George’s County, the commissioner sought to be removed may 17
312+waive in writing the public hearing held by the County Council. 18
316313
317- (3) IN MONTGOMERY COUNTY, THE COUNTY EXECUTIVE SHALL
318-APPOINT A COMMISSION ER FOR THE POSITION OF CHAIR OR VICE CHA IR IN
319-ACCORDANCE WITH § 15–103.1 OF THIS SUBTITLE.
314+ (3) IN MONTGOMERY COUNTY, THE COMMISSIONER SOU GHT TO BE 19
315+REMOVED OR DISCIPLIN ED MAY PARTICIPATE I N THE PUBLIC HEARING . 20
320316
321- (b) [(1) Within 3 days after making a designation, the Montgomery County
322-Council shall submit the name of the designee to the County Executive.
317+15–106. 21
323318
324- (2) Within 30 days after the designation is submitted, the County
325-Executive shall approve or disapprove the designation.
319+ (a) [The County Executive of Prince George’s County, with the approval of a 22
320+majority of the members of the County Council, and the Montgomery County Council, with 23
321+the approval of the County Executive in accordance with subsection (b) of this section, shall 24
322+each designate a commissioner for the position of chair or vice chair.] 25
326323
327- (3) If the County Executive disapproves a designee, the County Executive
328-shall return the name of the designee to the County Council with the reasons for the
329-disapproval stated in writing.
324+ (1) EACH COUNTY SHALL DES IGNATE A COMMISSIONE R FOR THE 26
325+POSITION OF CHAIR AN D VICE CHAIR OF THE COMMISSION AS PROVIDE D IN THIS 27
326+SECTION. 28
330327
331- (4) By the affirmative vote of eight of its members, the County Council may
332-designate a commissioner for the position of chair or vice chair over the disapproval of the
333-County Executive. Ch. 239 2023 LAWS OF MARYLAND
328+ (2) IN PRINCE GEORGE’S COUNTY, THE COUNTY EXECUTIVE, WITH 29
329+THE APPROVAL OF THE MAJORITY OF THE MEMB ERS OF THE COUNTY COUNCIL, 30
330+SHALL DESIGNATE A CO MMISSIONER FOR THE P OSITION OF CHAIR OR VICE CHAIR. 31
331+ 8 HOUSE BILL 778
334332
335-– 8 –
336333
337- (5) A designation that has not been disapproved by the County Executive
338-in accordance with this subsection is deemed to be approved.
334+ (3) IN MONTGOMERY COUNTY, THE COUNTY EXECUTIVE SHALL 1
335+APPOINT A COMMISSION ER FOR THE POSITION OF CHAIR OR VICE CHA IR IN 2
336+ACCORDANCE WITH § 15–103.1 OF THIS SUBTITLE. 3
339337
340- (c)] The Commission shall elect a chair and vice chair from the commissioners
341-designated in accordance with [subsections (a) and (b)] SUBSECTION (A) of this section.
338+ (b) [(1) Within 3 days after making a designation, the Montgomery County 4
339+Council shall submit the name of the designee to the County Executive. 5
342340
343- [(d)] (C) (1) The chair shall:
341+ (2) Within 30 days after the designation is submitted, the County 6
342+Executive shall approve or disapprove the designation. 7
344343
345- (i) preside at meetings of the Commission; and
344+ (3) If the County Executive disapproves a designee, the County Executive 8
345+shall return the name of the designee to the County Council with the reasons for the 9
346+disapproval stated in writing. 10
346347
347- (ii) perform the other customary duties of the office.
348+ (4) By the affirmative vote of eight of its members, the County Council may 11
349+designate a commissioner for the position of chair or vice chair over the disapproval of the 12
350+County Executive. 13
348351
349- (2) The vice chair shall preside in the absence of the chair.
352+ (5) A designation that has not been disapproved by the County Executive 14
353+in accordance with this subsection is deemed to be approved. 15
350354
351- (3) The chair and vice chair of the Commission also serve as chairs of their
352-respective county planning boards.
355+ (c)] The Commission shall elect a chair and vice chair from the commissioners 16
356+designated in accordance with [subsections (a) and (b)] SUBSECTION (A) of this section. 17
353357
354-15–108.
358+ [(d)] (C) (1) The chair shall: 18
355359
356- (a) (1) (i) Each commissioner other than the chair is entitled to an annual
357-salary of $5,600.
360+ (i) preside at meetings of the Commission; and 19
358361
359- (ii) [The] IN PRINCE GEORGE’S COUNTY, THE chair of the
360-Commission is entitled to an annual salary of $6,100.
362+ (ii) perform the other customary duties of the office. 20
361363
362- (III) 1. IN MONTGOMERY COUNTY, THE CHAIR OF THE
363-COMMISSION IS ENTITLE D TO AN ANNUAL SALAR Y SET BY THE COUNTY EXECUTIVE
364-WITH THE APPROVAL OF THE COUNTY COUNCIL.
364+ (2) The vice chair shall preside in the absence of the chair. 21
365365
366- 2. IF THE COUNTY COUNCIL DOES NOT TAKE ACTION ON
367-A SALARY AUTHORIZATI ON UNDER THIS SUBPAR AGRAPH WITHIN 30 DAYS AFTER
368-THE AUTHORIZATION IS SUBMITTED, THE COUNTY EXECUTIVE MAY AUTHORI ZE THE
369-SALARY WITHOUT THE A PPROVAL OF THE COUNTY COUNCIL.
366+ (3) The chair and vice chair of the Commission also serve as chairs of their 22
367+respective county planning boards. 23
370368
371- (2) All salaries shall be paid monthly from the administrative tax collected
372-by the Commission under § 18–307 of this article.
369+15–108. 24
373370
374- (3) (i) Subject to subparagraph (ii) of this paragraph, each
375-commissioner is entitled to an annual expense allowance not exceeding $2,400, in
376-accordance with rules and regulations the Commission adopts.
371+ (a) (1) (i) Each commissioner other than the chair is entitled to an annual 25
372+salary of $5,600. 26
377373
378- (ii) A commissioner shall submit a voucher showing the expenses.
379- WES MOORE, Governor Ch. 239
374+ (ii) [The] IN PRINCE GEORGE’S COUNTY, THE chair of the 27
375+Commission is entitled to an annual salary of $6,100. 28
380376
381-– 9 –
382- (b) (1) [(i) With the approval of the County Executive of Montgomery
383-County, the] THE County [Council] EXECUTIVE may authorize an appropriate
384-supplementary salary for the commissioner [designated by Montgomery County to serve
385-on a full–time basis] APPOINTED BY THE COUNTY EXECUTIVE UNDER § 15–103.1 OF
386-THIS SUBTITLE.
377+ (III) 1. IN MONTGOMERY COUNTY, THE CHAIR OF THE 29
378+COMMISSION IS ENTITLED TO AN AN NUAL SALARY SET BY T HE COUNTY EXECUTIVE 30
379+WITH THE APPROVAL OF THE COUNTY COUNCIL. 31 HOUSE BILL 778 9
387380
388- [(ii) If the County Executive fails to approve a supplementary salary
389-authorization by the County Council within 30 days after the authorization is submitted,
390-the County Council, by an affirmative vote of eight of its members, may authorize the
391-supplementary salary without the approval of the County Executive.]
392381
393- (2) On the recommendation of the County Executive of Prince George’s
394-County, the County Council may authorize an appropriate supplementary salary for the
395-commissioner designated by Prince George’s County to serve on a full–time basis.
396382
397- (3) Any supplementary salary authorized under PARAGRAPH (2) OF this
398-subsection shall be paid from the administrative tax collected by the Commission under §
399-18–307 of this article.
383+ 2. IF THE COUNTY COUNCIL DOES NOT TAKE ACTION ON 1
384+A SALARY AUTHORIZATI ON UNDER THIS SUBPAR AGRAPH WITHIN 30 DAYS AFTER 2
385+THE AUTHORIZATION IS SUBMITTED, THE COUNTY EXECUTIVE MAY AUTHORI ZE THE 3
386+SALARY WITHOUT THE A PPROVAL OF THE COUNTY COUNCIL. 4
400387
401- (C) (1) (I) IN THIS SUBSECTION TH E FOLLOWING WORDS HA VE THE
402-MEANINGS INDICATED .
388+ (2) All salaries shall be paid monthly from the administrative tax collected 5
389+by the Commission under § 18–307 of this article. 6
403390
404- (II) “EMPLOYMENT ” MEANS ENGAGING IN AN ACTIVITY FOR
405-COMPENSATION , INCLUDING THE ACTIVE SALE OR PROMOTION FO R SALE OF
406-INTELLECTUAL PROPERT Y PRODUCED BY THE CO MMISSIONER.
391+ (3) (i) Subject to subparagraph (ii) of this paragraph, each 7
392+commissioner is entitled to an annual expense allowance not exceeding $2,400, in 8
393+accordance with rules and regulations the Commission adopts. 9
407394
408- (III) “INTELLECTUAL PROPERTY ” INCLUDES BOOKS ,
409-NEWSPAPER , MAGAZINE, OR JOURNAL ARTICLES , VIDEOS, CRAFTS, AND ARTWORK .
395+ (ii) A commissioner shall submit a voucher showing the expenses. 10
410396
411- (2) THE COMMISSIONER APPO INTED BY THE COUNTY EXECUTIVE OF
412-MONTGOMERY COUNTY UNDER § 15–103.1 OF THIS SUBTITLE MAY NOT ENGAGE IN
413-ANY OTHER EMPLOYMENT WHILE SERVING ON THE BOARD.
397+ (b) (1) [(i) With the approval of the County Executive of Montgomery 11
398+County, the] THE County [Council] EXECUTIVE may authorize an appropriate 12
399+supplementary salary for the commissioner [designated by Montgomery County to serve 13
400+on a full–time basis] APPOINTED BY THE COUNTY EXECUTIVE UNDER § 15–103.1 OF 14
401+THIS SUBTITLE. 15
414402
415-15–120.
403+ [(ii) If the County Executive fails to approve a supplementary salary 16
404+authorization by the County Council within 30 days after the authorization is submitted, 17
405+the County Council, by an affirmative vote of eight of its members, may authorize the 18
406+supplementary salary without the approval of the County Executive.] 19
416407
417- (b) (1) (i) [This] EXCEPT AS PROVIDED IN § 15–108(C)(2) OF THIS
418-SUBTITLE, THIS subsection does not prohibit a commissioner from having or holding a
419-private investment, business, or professional interest, unless the interest is or reasonably
420-may be in conflict with the proper performance of the commissioner’s duty.
408+ (2) On the recommendation of the County Executive of Prince George’s 20
409+County, the County Council may authorize an appropriate supplementary salary for the 21
410+commissioner designated by Prince George’s County to serve on a full–time basis. 22
421411
422- (ii) A private investment, business, or professional interest is
423-presumed to be in conflict with the proper performance of the commissioner’s duty if the
424-commissioner or the commissioner’s spouse, parent, child, brother, or sister:
425- Ch. 239 2023 LAWS OF MARYLAND
412+ (3) Any supplementary salary authorized under PARAGRAPH (2) OF this 23
413+subsection shall be paid from the administrative tax collected by the Commission under § 24
414+18–307 of this article. 25
426415
427-– 10 –
428- 1. jointly or severally owns more than 3% of the invested
429-capital or capital stock of any entity involved in the decision being made by the
430-commissioner, Commission, or county planning board on which the commissioner serves;
431-or
416+ (C) (1) (I) IN THIS SUBSECTION TH E FOLLOWING WORDS HA VE THE 26
417+MEANINGS INDICATED . 27
432418
433- 2. receives a total combined compensation of more than
434-$5,000 a year from any person involved in the decision being made by the commissioner,
435-Commission, or county planning board on which the commissioner serves.
419+ (II) “EMPLOYMENT ” MEANS ENGAGING IN AN ACTIVITY FOR 28
420+COMPENSATION , INCLUDING THE ACTIVE SALE OR PROMOTION FO R SALE OF 29
421+INTELLECTUAL PROPERTY PRODUCED BY THE COMMISSIONER . 30
436422
437- (2) This subsection does not apply to or include:
423+ (III) “INTELLECTUAL PROPERTY ” INCLUDES BOOKS , 31
424+NEWSPAPER , MAGAZINE, OR JOURNAL ARTICLES , VIDEOS, CRAFTS, AND ARTWORK . 32
425+ 10 HOUSE BILL 778
438426
439- (i) an interest or investment in land geographically remote from the
440-land involved in the decision;
441427
442- (ii) the ownership of real property on which the commissioner
443-maintains a primary residence; or
428+ (2) THE COMMISSIONER APPO INTED BY THE COUNTY EXECUTIVE OF 1
429+MONTGOMERY COUNTY UNDER § 15–103.1 OF THIS SUBTITLE MAY NOT ENGAGE IN 2
430+ANY OTHER EMPLOYMENT WHILE SERVING ON THE BOARD. 3
444431
445- (iii) a possibility of reverter, a mortgage, or other security interest in
446-real property not otherwise described in this subsection.
432+15–120. 4
447433
448- (3) A commissioner may not:
434+ (b) (1) (i) [This] EXCEPT AS PROVIDED IN § 15–108(C)(2) OF THIS 5
435+SUBTITLE, THIS subsection does not prohibit a commissioner from having or holding a 6
436+private investment, business, or professional interest, unless the interest is or reasonably 7
437+may be in conflict with the proper performance of the commissioner’s duty. 8
449438
450- (i) decide, or participate in, a decision in which the commissioner
451-has a financial interest, whether as an owner, member, partner, officer, employee,
452-stockholder, or other participant of or in any private business or professional enterprise,
453-that will be affected by the decision; or
439+ (ii) A private investment, business, or professional interest is 9
440+presumed to be in conflict with the proper performance of the commissioner’s duty if the 10
441+commissioner or the commissioner’s spouse, parent, child, brother, or sister: 11
454442
455- (ii) knowingly participate in a decision affecting the financial
456-interest, jointly or severally, of a person related to the commissioner or the commissioner’s
457-spouse, parent, child, brother, or sister.
443+ 1. jointly or severally owns more than 3% of the invested 12
444+capital or capital stock of any entity involved in the decision being made by the 13
445+commissioner, Commission, or county planning board on which the commissioner serves; 14
446+or 15
458447
459-15–121.
448+ 2. receives a total combined compensation of more than 16
449+$5,000 a year from any person involved in the decision being made by the commissioner, 17
450+Commission, or county planning board on which the commissioner serves. 18
460451
461- (A) IN THIS SECTION , “CANDIDATE”, “CONTRIBUTION ”, AND “POLITICAL
462-COMMITTEE ” HAVE THE MEANINGS ST ATED IN § 1–101 OF THE ELECTION LAW
463-ARTICLE.
452+ (2) This subsection does not apply to or include: 19
464453
465- (B) THIS SECTION APPLIES ONLY:
454+ (i) an interest or investment in land geographically remote from the 20
455+land involved in the decision; 21
466456
467- (1) TO COMMISSIONERS APP OINTED FROM MONTGOMERY COUNTY;
468-AND
457+ (ii) the ownership of real property on which the commissioner 22
458+maintains a primary residence; or 23
469459
470- (2) FROM THE DATE OF A C OMMISSIONER ’S APPOINTMENT UNTIL THE
471-END OF THE COMMISSIO NER’S TENURE ON THE COMMISSION.
472- WES MOORE, Governor Ch. 239
460+ (iii) a possibility of reverter, a mortgage, or other security interest in 24
461+real property not otherwise described in this subsection. 25
473462
474-– 11 –
475- (C) (1) A COMMISSIONER MAY NOT , FOR THE BENEFIT OF AN IN DIVIDUAL
476-HOLDING A STATE OR LOCAL ELECTE D OFFICE OR A CANDID ATE FOR A STATE OR
477-LOCAL ELECTED OFFICE , ENGAGE IN THE FOLLOW ING ACTIVITIES:
463+ (3) A commissioner may not: 26
478464
479- (I) SOLICITING OR TRANSM ITTING A POLITICAL
480-CONTRIBUTION FROM AN Y PERSON, INCLUDING A POLITICA L COMMITTEE;
465+ (i) decide, or participate in, a decision in which the commissioner 27
466+has a financial interest, whether as an owner, member, partner, officer, employee, 28
467+stockholder, or other participant of or in any private business or professional enterprise, 29
468+that will be affected by the decision; or 30
481469
482- (II) SERVING ON A FUND –RAISING COMMITTEE OR A POLITICAL
483-COMMITTEE ;
470+ (ii) knowingly participate in a decision affecting the financial 31
471+interest, jointly or severally, of a person related to the commissioner or the commissioner’s 32
472+spouse, parent, child, brother, or sister. 33
473+ HOUSE BILL 778 11
484474
485- (III) ACTING AS A TREASURE R FOR A CANDIDATE OR AN
486-OFFICIAL OR AS TREAS URER OR CHAIR OF A P OLITICAL COMMITTEE ;
487475
488- (IV) ORGANIZING OR ESTABL ISHING A POLITICAL C OMMITTEE
489-FOR THE PURPOSE OF S OLICITING OR TRANSMI TTING CONTRIBUTIONS FROM ANY
490-PERSON;
476+15–121. 1
491477
492- (V) FORWARDING TICKETS F OR FUND–RAISING ACTIVITIES , OR
493-OTHER SOLICITATIONS FOR POLITICAL CONTRI BUTIONS, TO A POTENTIAL
494-CONTRIBUTOR ; OR
478+ (A) IN THIS SECTION, “CANDIDATE”, “CONTRIBUTION ”, AND “POLITICAL 2
479+COMMITTEE ” HAVE THE MEANINGS ST ATED IN § 1–101 OF THE ELECTION LAW 3
480+ARTICLE. 4
495481
496- (VI) OPENLY CAMPAIGNING O R VOLUNTEER ING FOR A
497-CAMPAIGN.
482+ (B) THIS SECTION APPLIES ONLY: 5
498483
499- (2) THIS SECTION DOES NOT PROHIBIT A COMMISSIO NER FROM:
484+ (1) TO COMMISSIONERS APP OINTED FROM MONTGOMERY COUNTY; 6
485+AND 7
500486
501- (I) MAKING A PERSONAL PO LITICAL CONTRIBUTION ;
487+ (2) FROM THE DATE OF A COMMISSIONER ’S APPOINTMENT UNTIL THE 8
488+END OF THE COMMISSIO NER’S TENURE ON THE COMMISSION. 9
502489
503- (II) INFORMING ANY ENTITY OF A POSITION TAKEN BY A
504-CANDIDATE OR AN OFFI CIAL; OR
490+ (C) (1) A COMMISSIONER MAY NOT , FOR THE BENEFIT OF A N INDIVIDUAL 10
491+HOLDING A STATE OR LOCAL ELECTE D OFFICE OR A CANDID ATE FOR A STATE OR 11
492+LOCAL ELECTED OFFICE , ENGAGE IN THE FOLLOWING ACTI VITIES: 12
505493
506- (III) ENGAGING IN OTHER AC TIVITIES NOT SPECIFICALLY
507-PROHIBITED UNDER PAR AGRAPH (1) OF THIS SUBSECTION .
494+ (I) SOLICITING OR TRANSM ITTING A POLITICAL 13
495+CONTRIBUTION FROM AN Y PERSON, INCLUDING A POLITICA L COMMITTEE ; 14
508496
509- (3) A COMMISSIONER MAY NOT BE A CANDIDATE FOR A PUBLIC
510-OFFICE WHILE SERVING ON THE COMMISSION.
497+ (II) SERVING ON A FUND –RAISING COMMITTEE OR A POLITICAL 15
498+COMMITTEE ; 16
511499
512- (B) A COMMISSIONER MAY NOT :
500+ (III) ACTING AS A TREASURE R FOR A CANDIDATE OR AN 17
501+OFFICIAL OR AS TREAS URER OR CHAIR OF A P OLITICAL COMMITTEE ; 18
513502
514- (1) SOLICIT OR ACCEPT FR OM ANY PERSON WITH B USINESS BEFORE
515-THE COMMISSION A FINANCIA L CONTRIBUTION FOR A NY POLITICAL CANDIDA TE,
516-POLITICAL ORGANIZATI ON, OR BALLOT QUESTION ; OR
517- Ch. 239 2023 LAWS OF MARYLAND
503+ (IV) ORGANIZING OR ESTABL ISHING A POLITICAL C OMMITTEE 19
504+FOR THE PURPOSE OF S OLICITING OR TRANSMI TTING CONTRIBUTIONS FROM ANY 20
505+PERSON; 21
518506
519-– 12 –
520- (2) SOLICIT FROM ANY PER SON WITH BUSINESS BE FORE THE
521-COMMISSION AN ENDORSE MENT OF OR OPPOSITIO N TO A POLITICAL CAN DIDATE.
507+ (V) FORWARDING TICKETS F OR FUND–RAISING ACTIVITIES, OR 22
508+OTHER SOLICITATIONS FOR POLITICAL CONTRI BUTIONS, TO A POTENTIAL 23
509+CONTRIBUTOR ; OR 24
522510
523-15–122.
511+ (VI) OPENLY CAMPAIGNING O R VOLUNTEERING FOR A 25
512+CAMPAIGN. 26
524513
525- A NOTWITHSTANDING THE R EQUIREMENTS OF § 5–504 OF THE GENERAL
526-PROVISIONS ARTICLE, A FORMER COMMISSIONER FROM MONTGOMERY COUNTY
527-MAY NOT ASSIST OR RE PRESENT ANOTHER PART Y FOR COMPENSATION I N A MATTER
528-THAT WAS THE SUBJECT OF ACTION BEFORE THE MONTGOMERY COUNTY
529-PLANNING BOARD WHILE THE COMMI SSIONER SERVED ON TH E BOARD FOR 1
530-CALENDAR YEAR FROM T HE DATE THE COMMISSI ONER LEAVES OFFICE .
514+ (2) THIS SECTION DOES NOT PROHIBIT A COMMISSIO NER FROM: 27
531515
532-15–123.
516+ (I) MAKING A PERSONAL PO LITICAL CONTRI BUTION; 28
533517
534- DURING THE FIRST YEAR OF EACH TERM OF THE COMMISSIONER
518+ (II) INFORMING ANY ENTITY OF A POSITION TAKEN BY A 29
519+CANDIDATE OR AN OFFI CIAL; OR 30 12 HOUSE BILL 778
535520
536- (A) WITHIN THE FIRST 3 MONTHS FOLLOWING APP OINTMENT, A
537-COMMISSIONER FROM MONTGOMERY COUNTY SHALL SUCCESSF ULLY COMPLETE :
538521
539- (1) THE TRAINING REQUIRE D UNDER § 3–213 OF THE GENERAL
540-PROVISIONS ARTICLE;
541522
542- (2) A COURSE RELATING TO HARASSMENT THE MARYLAND
543-DEPARTMENT OF PLANNING’S PLANNING COMMISSIONER , PLANNING BOARD AND
544-BOARD OF APPEALS EDUCATION COURSE; AND
523+ (III) ENGAGING IN OTHER AC TIVITIES NOT SPECIFI CALLY 1
524+PROHIBITED UNDER PAR AGRAPH (1) OF THIS SUBSECTION . 2
545525
546- (3) A COURSE ON DIVERSIT Y, EQUITY, AND INCLUSION AND TH E
547-IMPACTS OF IMPLICIT BIAS APPROPRIATE TRAINING ON:
526+ (3) A COMMISSIONER MAY NOT BE A CANDIDATE FOR A PUBLIC 3
527+OFFICE WHILE SERVING ON THE COMMISSION. 4
548528
549- (I) MARYLAND PUBLIC ETHICS LAW; AND
529+ (B) A COMMISSIONER MAY NOT : 5
550530
551- (II) MARYLAND–NATIONAL CAPITAL PARK AND PLANNING
552-COMMISSION POLICIES A ND PRACTICES ON :
531+ (1) SOLICIT OR ACCEPT FR OM ANY PERSON WITH B USINESS BEFORE 6
532+THE COMMISSION A FINANCIA L CONTRIBUTION FOR A NY POLITICAL CANDIDA TE, 7
533+POLITICAL ORGANIZATI ON, OR BALLOT QUESTION ; OR 8
553534
554- 1. ETHICS;
535+ (2) SOLICIT FROM ANY PER SON WITH BUSINESS BE FORE THE 9
536+COMMISSION AN ENDORSE MENT OF OR OPPOSITIO N TO A POLITICAL CAN DIDATE. 10
555537
556- 2. DRUG– AND ALCOHOL –FREE WORKPLACE ; AND
538+15–122. 11
557539
558- 3. WORKPLACE HARASSMENT AND INTIMIDATION .
540+ A NOTWITHSTANDING THE R EQUIREMENTS OF § 5–504 OF THE GENERAL 12
541+PROVISIONS ARTICLE, A FORMER COMMISSIONER FROM MONTGOMERY COUNTY 13
542+MAY NOT ASSIST OR RE PRESENT ANOTHER PART Y FOR COMPENSATION I N A MATTER 14
543+THAT WAS THE SUBJECT OF ACTION BEFORE THE MONTGOMERY COUNTY 15
544+PLANNING BOARD WHILE THE COMMI SSIONER SERVED ON TH E BOARD FOR 1 16
545+CALENDAR YEAR FROM T HE DATE THE COMMISSI ONER LEAVES OFFICE . 17
559546
560- (B) FAILURE OF A COMMISSI ONER TO MEET THE REQ UIREMENTS OF
561-SUBSECTION (A) OF THIS SECTION DOES NOT INVALIDAT E A DECISION MADE BY THE
562-COMMISSION OR ESTABLI SH A PRIVATE CAUSE O F ACTION.
563- WES MOORE, Governor Ch. 239
547+15–123. 18
564548
565-– 13 –
566-20–202.
549+ DURING THE FIRST YEAR OF EACH TERM OF THE COMMISSIONER 19
567550
568- (e) (1) This subsection applies only to the Montgomery County Planning
569-Board.
551+ (A) WITHIN THE FIRST 3 MONTHS FOLLOWING APP OINTMENT, A 20
552+COMMISSIONER FROM MONTGOMERY COUNTY SHALL SUCCESSF ULLY COMPLETE : 21
570553
571- (2) The Board shall:
554+ (1) THE TRAINING REQUIRE D UNDER § 3–213 OF THE GENERAL 22
555+PROVISIONS ARTICLE; 23
572556
573- (i) PUBLISH AND MAINTAIN ON ITS WEBSITE THE A GENDA OF
574-THE OPEN MEETING, TOGETHER WITH A SUMM ARY OF ANY FINALIZED DOCUMENTS ,
575-WRITTEN TESTIMONY FR OM THE PUBLIC, AND OTHER MATERIALS THAT THE BOARD
576-WILL VOTE ON AT THE OPEN MEETING :
557+ (2) A COURSE RELATING TO HARASSMENT THE MARYLAND 24
558+DEPARTMENT OF PLANNING’S PLANNING COMMISSIONER , PLANNING BOARD AND 25
559+BOARD OF APPEALS EDUCATION COURSE; AND 26
577560
578- 1. AT LEAST 72 HOURS BEFORE EACH ME ETING; OR
561+ (3) A COURSE ON DIVERSIT Y, EQUITY, AND INCLUSION AND TH E 27
562+IMPACTS OF IMPLICIT BIAS APPROPRIATE TRAINING ON: 28
579563
580- 2. IF THE MEETING IS BE ING HELD DUE TO AN
581-EMERGENCY , A NATURAL DISASTER , OR ANY OTHER UNANTIC IPATED SITUATION , AS
582-FAR IN ADVANCE OF TH E MEETING AS PRACTIC ABLE;
564+ (I) MARYLAND PUBLIC ETHICS LAW; AND 29
565+ HOUSE BILL 778 13
583566
584- (II) stream live video or live teleconference audio or other audio of
585-the open meetings of the Board;
586567
587- [(ii)] (III) maintain on its website a complete and unedited archived
588-recording of each open meeting that is livestreamed in accordance with this subsection; and
568+ (II) MARYLAND–NATIONAL CAPITAL PARK AND PLANNING 1
569+COMMISSION POLICIES A ND PRACTICES ON : 2
589570
590- [(iii)] (IV) notwithstanding § 3–306(b)(2)(i) of the General Provisions
591-Article:
571+ 1. ETHICS; 3
592572
593- 1. prepare minutes of each meeting as soon as practicable
594-after the meeting; and
573+ 2. DRUG– AND ALCOHOL –FREE WORKPLACE ; AND 4
595574
596- 2. publish and maintain on its website the minutes of each
597-open meeting prepared in accordance with this subsection.
575+ 3. WORKPLACE HARASSMENT AND INTIMIDATION. 5
598576
599- (3) (I) THE BOARD SHALL APPROVE M EETING MINUTES IN A
600-TIMELY MANNER .
577+ (B) FAILURE OF A COMMISSI ONER TO MEET THE REQ UIREMENTS OF 6
578+SUBSECTION (A) OF THIS SECTION DOES NOT INVALIDATE A DEC ISION MADE BY THE 7
579+COMMISSION OR ESTABLI SH A PRIVATE CAUSE O F ACTION. 8
601580
602- (II) EACH OPEN MEETING AGE NDA SHALL INCLUDE
603-CONSIDERATION OF THE MEETING MINUTES FROM THE MOST RECENT MEET ING.
581+20–202. 9
604582
605- (III) THE REQUIREMENT UNDER SUBPARAGRAPH (II) OF THIS
606-PARAGRAPH DOES NOT A PPLY TO THE AGENDA O F AN EMERGENCY MEETI NG IF
607-CONSIDERATION OF THE MEETING MINUTES FROM THE MOST RECENT MEETING IS
608-NOT PRACTICABLE BECA USE OF THE NEED TO H OLD AN EMERGENCY MEE TING.
609- Ch. 239 2023 LAWS OF MARYLAND
583+ (e) (1) This subsection applies only to the Montgomery County Planning 10
584+Board. 11
610585
611-– 14 –
612- (4) The inability of the Board to comply with paragraph [(2)(i) and (ii)]
613-(2)(II) AND (III) of this subsection due to technical failure that entirely prevents or
614-otherwise affects the quality of the live video or audio streaming of a meeting of the Board
615-does not affect the validity of any action taken by the Board during the meeting if:
586+ (2) The Board shall: 12
616587
617- (i) the Board otherwise complies with this subsection and the Open
618-Meetings Act; and
588+ (i) PUBLISH AND MAINTAIN ON ITS WEBSITE THE A GENDA OF 13
589+THE OPEN MEETING , TOGETHER WITH A SUMM ARY OF ANY FINALIZED DOCUMENTS , 14
590+WRITTEN TESTIMONY FR OM THE PUBLIC, AND OTHER MATERIALS THAT THE BOARD 15
591+WILL VOTE ON AT THE OPEN MEETING : 16
619592
620- (ii) the inability to comply is not due to willful action by the Board.
593+ 1. AT LEAST 72 HOURS BEFORE EACH ME ETING; OR 17
621594
622- [(4)] (5) In addition to complying with the minutes requirements of the
623-Open Meetings Act under § 3–306 of the General Provisions Article, if the Board is unable
624-to comply with paragraph [(2)(i)] (2)(II) of this subsection, the Board shall make
625-good–faith efforts to record an open meeting by video or audio and maintain on its website
626-a complete and unedited archived recording of the meeting.
595+ 2. IF THE MEETING IS BE ING HELD DUE TO AN 18
596+EMERGENCY , A NATURAL DISASTER , OR ANY OTHER UNANTIC IPATED SITUATION , AS 19
597+FAR IN ADVANCE OF TH E MEETING AS PRACTIC ABLE; 20
627598
628- SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency
629-measure, is necessary for the immediate preservation of the public health or safety, has
630-been passed by a yea and nay vote supported by three–fifths of all the members elected to
631-each of the two Houses of the General Assembly, and shall take effect from the date it is
632-enacted.
599+ (II) stream live video or live teleconference audio or other audio of 21
600+the open meetings of the Board; 22
633601
634-20–210.
602+ [(ii)] (III) maintain on its website a complete and unedited archived 23
603+recording of each open meeting that is livestreamed in accordance with this subsection; and 24
635604
636- THE CHAIR OF THE MONTGOMERY COUNTY PLANNING BOARD MAY NOT
637-ENGAGE IN ANY OTHER FULL–TIME EMPLOYMENT WHIL E SERVING AS CHAIR .
605+ [(iii)] (IV) notwithstanding § 3–306(b)(2)(i) of the General Provisions 25
606+Article: 26
638607
639- SECTION 2. AND BE IT FURTHER ENACTED, That on or before December 31,
640-2023, the Montgomery County Planning Board of the Maryland–National Capital Park and
641-Planning Commission shall report to the members of the Montgomery County Delegation
642-to the General Assembly, in accordance with § 2–1257 of the State Government Article, on
643-the ability of the Board to publish on its website frequently updated, timely information on
644-regulatory matters over which the Board has decision–making authority, including the
645-ability of the Board to provide:
608+ 1. prepare minutes of each meeting as soon as practicable 27
609+after the meeting; and 28
646610
647- (1) summaries of the substance of applications;
611+ 2. publish and maintain on its website the minutes of each 29
612+open meeting prepared in accordance with this subsection. 30 14 HOUSE BILL 778
648613
649- (2) information on required findings;
650614
651- (3) information on any community concerns received by the Commission;
652-and
653615
654- (4) information on additional written testimony received by the
655-Commission after the deadline for public testimony.
656- WES MOORE, Governor Ch. 239
616+ (3) (I) THE BOARD SHALL APPROVE M EETING MINUTES IN A 1
617+TIMELY MANNER . 2
657618
658-– 15 –
659- SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
660-October 1, 2023.
619+ (II) EACH OPEN MEETING AGE NDA SHALL INCLUDE 3
620+CONSIDERATION OF THE MEETING MINUTES FROM THE MOST RECENT MEET ING. 4
661621
662-Approved by the Governor, April 24, 2023.
622+ (III) THE REQUIREMENT UNDER SU BPARAGRAPH (II) OF THIS 5
623+PARAGRAPH DOES NOT A PPLY TO THE AGENDA O F AN EMERGENCY MEETI NG IF 6
624+CONSIDERATION OF THE MEETING MINUTES FROM THE MOST RECENT MEET ING IS 7
625+NOT PRACTICABLE BECA USE OF THE NEED TO H OLD AN EMERGENCY MEE TING. 8
626+
627+ (4) The inability of the Board to comply with paragraph [(2)(i) and (ii)] 9
628+(2)(II) AND (III) of this subsection due to technical failure that entirely prevents or 10
629+otherwise affects the quality of the live video or audio streaming of a meeting of the Board 11
630+does not affect the validity of any action taken by the Board during the meeting if: 12
631+
632+ (i) the Board otherwise complies with this subsection and the Open 13
633+Meetings Act; and 14
634+
635+ (ii) the inability to comply is not due to willful action by the Board. 15
636+
637+ [(4)] (5) In addition to complying with the minutes requirements of the 16
638+Open Meetings Act under § 3–306 of the General Provisions Article, if the Board is unable 17
639+to comply with paragraph [(2)(i)] (2)(II) of this subsection, the Board shall make 18
640+good–faith efforts to record an open meeting by video or audio and maintain on its website 19
641+a complete and unedited archived recording of the meeting. 20
642+
643+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency 21
644+measure, is necessary for the immediate preservation of the public health or safety, has 22
645+been passed by a yea and nay vote supported by three–fifths of all the members elected to 23
646+each of the two Houses of the General Assembly, and shall take effect from the date it is 24
647+enacted. 25
648+
649+20–210. 26
650+
651+ THE CHAIR OF THE MONTGOM ERY COUNTY PLANNING BOARD MAY NOT 27
652+ENGAGE IN ANY OTHER FULL–TIME EMPLOYMENT WHIL E SERVING AS CHAIR . 28
653+
654+ SECTION 2. AND BE IT FURTHER ENACTED, That on or before December 31, 29
655+2023, the Montgomery County Planning Board of the Maryland–National Capital Park and 30
656+Planning Commission shall report to the members of the Montgomery County Delegation 31
657+to the General Assembly, in accordance with § 2–1257 of the State Government Article, on 32
658+the ability of the Board to publish on its website frequently updated, timely information on 33
659+regulatory matters over which the Board has decision–making authority, including the 34
660+ability of the Board to provide: 35 HOUSE BILL 778 15
661+
662+
663+
664+ (1) summaries of the substance of applications; 1
665+
666+ (2) information on required findings; 2
667+
668+ (3) information on any community concerns received by the Commission; 3
669+and 4
670+
671+ (4) information on additional written testimony received by the 5
672+Commission after the deadline for public testimony. 6
673+
674+ SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 7
675+October 1, 2023. 8
676+
677+
678+
679+
680+Approved:
681+________________________________________________________________________________
682+ Governor.
683+________________________________________________________________________________
684+ Speaker of the House of Delegates.
685+________________________________________________________________________________
686+ President of the Senate.