WES MOORE, Governor Ch. 239
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Chapter 239
(House Bill 778)
AN ACT concerning
Montgomery County – Maryland–National Capital Park and Planning
Commission – Commissioner Requirements and Open Meetings
(Montgomery County Planning Trust and Transparency Act of 2023) Bicounty
Agencies – Commissioner Discipline, Disclosures, Training, and Ethics
MC/PG 105–23
FOR the purpose of altering the appointment process, salary authorization process, and
terms for commissioners appointed to the Maryland–National Capital Park and
Planning Commission from Montgomery County; requiring the County Executive of
Montgomery County to appoint one member of the Commission who shall serve as
the chair or vice chair of the Commission and chair of the Montgomery County
Planning Board; requiring certain public hearings and acceptance of public
testimony on each appointment to the Commission from Montgomery County;
prohibiting the chair of the Board from engaging in certain employment; authorizing
a bicounty commissioner and an applicant for the Maryland–National Capital Park
and Planning Commission to submit certain financial statements to the Montgomery
County Council electronically; authorizing and establishing procedures for the
Montgomery County Executive or the Montgomery County Council to discipline a
commissioner from Montgomery County under certain circumstances; prohibiting a
commissioner from Montgomery County from engaging in certain political activities
while the commissioner serves on the Commission; prohibiting a former
commissioner from Montgomery County from working for certain compensation for
a certain period of time after the commissioner leaves office; requiring a
commissioner from Montgomery County to complete certain training at certain
times; requiring the Board to publish agendas of open meetings along with certain
other materials on its website at certain times; requiring the Board to approve
meeting minutes in a certain manner under certain circumstances; prohibiting the
chair of the Montgomery County Planning Board from engaging in certain
employment; and generally relating to requirements for the members of the
Maryland–National Capital Park and Planning Commission from Montgomery
County and meetings of the Montgomery County Planning Board applicants and
members of bicounty commissions from Montgomery County.
BY repealing and reenacting, without amendments,
Article – General Provisions
Section 5–824(a)
Annotated Code of Maryland
(2019 Replacement Volume and 2022 Supplement)
BY repealing and reenacting, with amendments, Ch. 239 2023 LAWS OF MARYLAND
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Article – General Provisions
Section 5–824(c), 5–825, and 5–826
Annotated Code of Maryland
(2019 Replacement Volume and 2022 Supplement)
BY repealing and reenacting, without amendments,
Article – Land Use
Section 15–101
Annotated Code of Maryland
(2012 Volume and 2022 Supplement)
BY repealing and reenacting, with amendments,
Article – Land Use
Section 15–102, 15–103(a), 15–105, 15–106, 15–108, 15–120(b), and 20–202(e)
Annotated Code of Maryland
(2012 Volume and 2022 Supplement)
BY adding to
Article – Land Use
Section 15–103.1 and 15–121 through 15–123 and 20–210
Annotated Code of Maryland
(2012 Volume and 2022 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – General Provisions
5–824.
(a) In this section, as to the Washington Suburban Transit Commission,
“commissioner” includes the members appointed from Montgomery County or Prince
George’s County and the members appointed by the Governor.
(c) (1) Each commissioner shall file a financial disclosure statement
electronically with the Ethics Commission.
(2) Except as provided in paragraph (3) of this subsection, each
commissioner shall also print a paper copy of the electronically filed financial disclosure
statement and submit it to the chief administrative officer of the county from which the
commissioner is appointed.
(3) In Montgomery County, each commissioner shall also:
(I) print a paper copy of the electronically filed financial disclosure
statement and submit it to the county council; OR WES MOORE, Governor Ch. 239
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(II) ELECTRONICALLY SUBMI T A COPY OF THE FINA NCIAL
DISCLOSURE TO THE CO UNTY COUNCIL .
5–825.
(a) An applicant for appointment as commissioner shall file the financial
disclosure statement required by this part electronically with the Ethics Commission.
(b) (1) Except as provided in paragraph (2) of this subsection, an applicant
shall also print a paper copy of the electronically filed statement and submit it to the chief
administrative officer of the county from which the applicant seeks appointment.
(2) In Montgomery County, each applicant to the Maryland –National
Capital Park and Planning Commission shall also:
(I) print a paper copy of the electronically filed statement and
submit it to the county council; OR
(II) ELECTRONICALLY SUBMI T A COPY OF THE FINA NCIAL
DISCLOSURE TO THE CO UNTY COUNCIL .
5–826.
(a) (1) Except as provided in paragraph (2) of this subsection, the chief
administrative officer of a county shall transmit each financial disclosure statement of a
commissioner or appointed applicant to the executive director of the appropriate bicounty
commission.
(2) In Montgomery County, the county council shall transmit each
financial disclosure statement of a commissioner or appointed applicant to the
Maryland–National Capital Park and Planning Commission to the executive director of the
commission.
(b) The executive director and the chief administrative officer shall retain the
statement for the entire term of office of the commissioner.
(c) (1) Within 15 days after an appointment to a bicounty commission has
become final, IF AN APPLICANT PROV IDED A PAPER COPY OF A FINANCIAL
DISCLOSURE, the county council and the chief administrative officer of the county involved
shall return to each applicant who is not appointed the original and all copies of the
statement submitted by that applicant.
(2) On notification by the chief administrative officer of the county involved
that an applicant was not appointed, the Ethics Commission shall promptly delete the
statement electronically filed by the applicant. Ch. 239 2023 LAWS OF MARYLAND
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Article – Land Use
15–101.
(a) There is a Maryland–National Capital Park and Planning Commission.
(b) The Commission is a body politic and corporate and is an agency of the State.
15–102.
(a) (1) The Commission consists of 10 members.
(2) Of the 10 members of the Commission:
(i) five shall be residents and registered voters of Montgomery
County; and
(ii) five shall be residents and registered voters of Prince George’s
County.
(3) (i) [Subject] EXCEPT AS PROVIDED IN § 15–103.1 OF THIS
SUBTITLE, AND SUBJECT to the approval of the County Executive, the County Council
shall appoint each commissioner from Montgomery County.
(ii) Subject to the approval of the County Council, the County
Executive shall appoint each commissioner from Prince George’s County.
(b) Each commissioner shall be an individual of ability, experience, and integrity.
(c) (1) Of the commissioners from each county, not more than three shall be
members of the same political party.
(2) A commissioner may not be selected as representing or supporting any
special interest.
(d) (1) The term of a commissioner is 4 years and begins on June 15.
(2) The terms of commissioners are staggered as required by the terms
provided for commissioners on October 1, 2012.
(3) At the end of a term, a commissioner continues to serve until a successor
is appointed and qualifies.
(4) A commissioner who is appointed after a term has begun serves only for
the rest of the term and until a successor is appointed and qualifies. WES MOORE, Governor Ch. 239
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(5) A commissioner who is appointed to fill a vacancy for an unexpired term
shall be a member of the same political party as the commissioner who vacated the office.
(6) [(i) Except as provided in subparagraph (ii) of this paragraph, a] A
commissioner appointed from Montgomery County may not be appointed for [three] MORE
THAN TWO consecutive full terms.
[(ii) A commissioner appointed from Montgomery County may be
appointed for a maximum of three consecutive full terms as a member of the Commission
if the commissioner is designated as chair of the Montgomery County Planning Board
during the commissioner’s second term in office.]
15–103.
(a) (1) [In Montgomery County,] EXCEPT AS PROVIDED IN § 15–103.1 OF
THIS SUBTITLE, THIS SUBSECTION APPL IES ONLY TO COMMISSI ONERS APPOINTED
BY THE MONTGOMERY COUNTY COUNCIL.
(2) BY AN AFFIRMATIVE VOT E OF EIGHT OF ITS ME MBERS, the
MONTGOMERY County Council shall make an appointment to the Commission from a list
of applicants.
[(2)] (3) The list shall be:
(i) completed at least 3 weeks before an appointment is made; and
(ii) made available to the public.
(4) (I) THE COUNTY COUNCIL SHALL HOLD PU BLIC HEARINGS ON
EACH APPOINTMENT TO THE COMMISSION.
(II) THE COUNTY COUNCIL SHALL ACCEPT PUBLIC TESTIMONY
AT A HEARING HELD UN DER SUBPARAGRAPH (I) OF THIS PARAGRAPH .
[(3)] (5) 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)]
PARAGRAPHS (3) AND (4) of this subsection.
[(4)] (6) Within 3 days after making an appointment, the County Council
shall submit the name of the appointee to the County Executive.
[(5)] (7) (I) Within 30 days after the appointment is submitted, the
County Executive shall approve or disapprove the appointment. Ch. 239 2023 LAWS OF MARYLAND
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[(6)] (II) An appointment that is not disapproved by the County Executive
in accordance with this subsection is deemed to be approved.
[(7)] (III) 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)] (IV) By [the affirmative] A UNANIMOUS vote of [nine of] its
members, the County Council may appoint a commissioner over the disapproval of the
County Executive.
15–103.1.
(A) THIS SECTION APPLIES ONLY IN MONTGOMERY COUNTY.
(B) THE COUNTY EXECUTIVE SHALL APPOI NT ONE MEMBER TO THE
COMMISSION WHO SHALL SERVE AS THE:
(1) CHAIR OR VICE CHAIR OF THE COMMISSION, IN ACCORDANCE
WITH § 15–106 OF THIS SUBTITLE; AND
(2) CHAIR OF THE MONTGOMERY COUNTY PLANNING BOARD.
(C) THE REQUIREMENTS OF § 15–103(A)(4) OF THIS SUBTITLE APP LY TO A
COMMISSIONER APPOINT ED UNDER THIS SECTIO N.
15–105.
(a) (1) (I) [The] WITH THE APPROVAL OF THE COUNTY EXECUTIVE,
THE Montgomery County Council may remove OR DISCIPLINE any commissioner
appointed from Montgomery County before the expiration of the commissioner’s term.
(II) WITH THE APPROVAL OF AN AFFIRMATIVE VOTE OF EIGHT
MEMBERS OF THE COUNTY COUNCIL, THE COUNTY EXECUTIVE MAY REMOVE OR
DISCIPLINE ANY COMMI SSIONER APPOINTED FR OM MONTGOMERY COUNTY
BEFORE THE EXPIRATIO N OF THE COMMISSIONE R’S TERM.
(2) With the approval of a majority of the members of the County Council,
the County Executive of Prince George’s County may remove any commissioner appointed
from Prince George’s County before the expiration of the commissioner’s term.
(b) (1) Except as provided in paragraph (2) of this subsection, before a
commissioner may be removed OR DISCIPLINED under subsection (a) of this section: WES MOORE, Governor Ch. 239
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(i) the cause for removal OR DISCIPLINARY ACTI ON shall be stated
in writing; and
(ii) a public hearing shall be held on the removal OR DISCIPLINARY
ACTION.
(2) In Prince George’s County, the commissioner sought to be removed may
waive in writing the public hearing held by the County Council.
(3) IN MONTGOMERY COUNTY, THE COMMISSIONER SOU GHT TO BE
REMOVED OR DISCIPLIN ED MAY PARTICIPATE I N THE PUBLIC HEARING .
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.]
(1) EACH COUNTY SHALL DES IGNATE A COMMISSIONE R FOR THE
POSITION OF CHAIR AN D VICE CHAIR OF THE COMMISSION AS PROVIDE D IN THIS
SECTION.
(2) IN PRINCE GEORGE’S COUNTY, THE COUNTY EXECUTIVE, WITH
THE APPROVAL OF THE MAJORITY OF THE MEMB ERS OF THE COUNTY COUNCIL,
SHALL DESIGNATE A CO MMISSIONER FOR THE P OSITION OF CHAIR OR VICE CHAIR.
(3) IN MONTGOMERY COUNTY, THE COUNTY EXECUTIVE SHALL
APPOINT A COMMISSION ER FOR THE POSITION OF CHAIR OR VICE CHA IR IN
ACCORDANCE WITH § 15–103.1 OF THIS SUBTITLE.
(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 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. Ch. 239 2023 LAWS OF MARYLAND
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(5) A designation that has not been disapproved by the County Executive
in accordance with this subsection is deemed to be approved.
(c)] The Commission shall elect a chair and vice chair from the commissioners
designated in accordance with [subsections (a) and (b)] SUBSECTION (A) of this section.
[(d)] (C) (1) The chair shall:
(i) preside at meetings of the Commission; and
(ii) perform the other customary duties of the office.
(2) The vice chair shall preside in the absence of the chair.
(3) The chair and vice chair of the Commission also serve as chairs of their
respective county planning boards.
15–108.
(a) (1) (i) Each commissioner other than the chair is entitled to an annual
salary of $5,600.
(ii) [The] IN PRINCE GEORGE’S COUNTY, THE chair of the
Commission is entitled to an annual salary of $6,100.
(III) 1. IN MONTGOMERY COUNTY, THE CHAIR OF THE
COMMISSION IS ENTITLE D TO AN ANNUAL SALAR Y SET BY THE COUNTY EXECUTIVE
WITH THE APPROVAL OF THE COUNTY COUNCIL.
2. IF THE COUNTY COUNCIL DOES NOT TAKE ACTION ON
A SALARY AUTHORIZATI ON UNDER THIS SUBPAR AGRAPH WITHIN 30 DAYS AFTER
THE AUTHORIZATION IS SUBMITTED, THE COUNTY EXECUTIVE MAY AUTHORI ZE THE
SALARY WITHOUT THE A PPROVAL OF THE COUNTY COUNCIL.
(2) All salaries shall be paid monthly from the administrative tax collected
by the Commission under § 18–307 of this article.
(3) (i) Subject to subparagraph (ii) of this paragraph, each
commissioner is entitled to an annual expense allowance not exceeding $2,400, in
accordance with rules and regulations the Commission adopts.
(ii) A commissioner shall submit a voucher showing the expenses.
WES MOORE, Governor Ch. 239
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(b) (1) [(i) With the approval of the County Executive of Montgomery
County, the] THE County [Council] EXECUTIVE may authorize an appropriate
supplementary salary for the commissioner [designated by Montgomery County to serve
on a full–time basis] APPOINTED BY THE COUNTY EXECUTIVE UNDER § 15–103.1 OF
THIS SUBTITLE.
[(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 eight of its members, may authorize the
supplementary salary without the approval of the County Executive.]
(2) On the recommendation of the County Executive of Prince George’s
County, the County Council may authorize an appropriate supplementary salary for the
commissioner designated by Prince George’s County to serve on a full–time basis.
(3) Any supplementary salary authorized under PARAGRAPH (2) OF this
subsection shall be paid from the administrative tax collected by the Commission under §
18–307 of this article.
(C) (1) (I) IN THIS SUBSECTION TH E FOLLOWING WORDS HA VE THE
MEANINGS INDICATED .
(II) “EMPLOYMENT ” MEANS ENGAGING IN AN ACTIVITY FOR
COMPENSATION , INCLUDING THE ACTIVE SALE OR PROMOTION FO R SALE OF
INTELLECTUAL PROPERT Y PRODUCED BY THE CO MMISSIONER.
(III) “INTELLECTUAL PROPERTY ” INCLUDES BOOKS ,
NEWSPAPER , MAGAZINE, OR JOURNAL ARTICLES , VIDEOS, CRAFTS, AND ARTWORK .
(2) THE COMMISSIONER APPO INTED BY THE COUNTY EXECUTIVE OF
MONTGOMERY COUNTY UNDER § 15–103.1 OF THIS SUBTITLE MAY NOT ENGAGE IN
ANY OTHER EMPLOYMENT WHILE SERVING ON THE BOARD.
15–120.
(b) (1) (i) [This] EXCEPT AS PROVIDED IN § 15–108(C)(2) OF THIS
SUBTITLE, THIS subsection does not prohibit a commissioner from having or holding a
private investment, business, or professional interest, unless the interest is or reasonably
may be in conflict with the proper performance of the commissioner’s duty.
(ii) A private investment, business, or professional interest is
presumed to be in conflict with the proper performance of the commissioner’s duty if the
commissioner or the commissioner’s spouse, parent, child, brother, or sister:
Ch. 239 2023 LAWS OF MARYLAND
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1. jointly or severally owns more than 3% of the invested
capital or capital stock of any entity involved in the decision being made by the
commissioner, Commission, or county planning board on which the commissioner serves;
or
2. receives a total combined compensation of more than
$5,000 a year from any person involved in the decision being made by the commissioner,
Commission, or county planning board on which the commissioner serves.
(2) This subsection does not apply to or include:
(i) an interest or investment in land geographically remote from the
land involved in the decision;
(ii) the ownership of real property on which the commissioner
maintains a primary residence; or
(iii) a possibility of reverter, a mortgage, or other security interest in
real property not otherwise described in this subsection.
(3) A commissioner may not:
(i) decide, or participate in, a decision in which the commissioner
has a financial interest, whether as an owner, member, partner, officer, employee,
stockholder, or other participant of or in any private business or professional enterprise,
that will be affected by the decision; or
(ii) knowingly participate in a decision affecting the financial
interest, jointly or severally, of a person related to the commissioner or the commissioner’s
spouse, parent, child, brother, or sister.
15–121.
(A) IN THIS SECTION , “CANDIDATE”, “CONTRIBUTION ”, AND “POLITICAL
COMMITTEE ” HAVE THE MEANINGS ST ATED IN § 1–101 OF THE ELECTION LAW
ARTICLE.
(B) THIS SECTION APPLIES ONLY:
(1) TO COMMISSIONERS APP OINTED FROM MONTGOMERY COUNTY;
AND
(2) FROM THE DATE OF A C OMMISSIONER ’S APPOINTMENT UNTIL THE
END OF THE COMMISSIO NER’S TENURE ON THE COMMISSION.
WES MOORE, Governor Ch. 239
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(C) (1) A COMMISSIONER MAY NOT , FOR THE BENEFIT OF AN IN DIVIDUAL
HOLDING A STATE OR LOCAL ELECTE D OFFICE OR A CANDID ATE FOR A STATE OR
LOCAL ELECTED OFFICE , ENGAGE IN THE FOLLOW ING ACTIVITIES:
(I) SOLICITING OR TRANSM ITTING A POLITICAL
CONTRIBUTION FROM AN Y PERSON, INCLUDING A POLITICA L COMMITTEE;
(II) SERVING ON A FUND –RAISING COMMITTEE OR A POLITICAL
COMMITTEE ;
(III) ACTING AS A TREASURE R FOR A CANDIDATE OR AN
OFFICIAL OR AS TREAS URER OR CHAIR OF A P OLITICAL COMMITTEE ;
(IV) ORGANIZING OR ESTABL ISHING A POLITICAL C OMMITTEE
FOR THE PURPOSE OF S OLICITING OR TRANSMI TTING CONTRIBUTIONS FROM ANY
PERSON;
(V) FORWARDING TICKETS F OR FUND–RAISING ACTIVITIES , OR
OTHER SOLICITATIONS FOR POLITICAL CONTRI BUTIONS, TO A POTENTIAL
CONTRIBUTOR ; OR
(VI) OPENLY CAMPAIGNING O R VOLUNTEER ING FOR A
CAMPAIGN.
(2) THIS SECTION DOES NOT PROHIBIT A COMMISSIO NER FROM:
(I) MAKING A PERSONAL PO LITICAL CONTRIBUTION ;
(II) INFORMING ANY ENTITY OF A POSITION TAKEN BY A
CANDIDATE OR AN OFFI CIAL; OR
(III) ENGAGING IN OTHER AC TIVITIES NOT SPECIFICALLY
PROHIBITED UNDER PAR AGRAPH (1) OF THIS SUBSECTION .
(3) A COMMISSIONER MAY NOT BE A CANDIDATE FOR A PUBLIC
OFFICE WHILE SERVING ON THE COMMISSION.
(B) A COMMISSIONER MAY NOT :
(1) SOLICIT OR ACCEPT FR OM ANY PERSON WITH B USINESS BEFORE
THE COMMISSION A FINANCIA L CONTRIBUTION FOR A NY POLITICAL CANDIDA TE,
POLITICAL ORGANIZATI ON, OR BALLOT QUESTION ; OR
Ch. 239 2023 LAWS OF MARYLAND
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(2) SOLICIT FROM ANY PER SON WITH BUSINESS BE FORE THE
COMMISSION AN ENDORSE MENT OF OR OPPOSITIO N TO A POLITICAL CAN DIDATE.
15–122.
A NOTWITHSTANDING THE R EQUIREMENTS OF § 5–504 OF THE GENERAL
PROVISIONS ARTICLE, A FORMER COMMISSIONER FROM MONTGOMERY COUNTY
MAY NOT ASSIST OR RE PRESENT ANOTHER PART Y FOR COMPENSATION I N A MATTER
THAT WAS THE SUBJECT OF ACTION BEFORE THE MONTGOMERY COUNTY
PLANNING BOARD WHILE THE COMMI SSIONER SERVED ON TH E BOARD FOR 1
CALENDAR YEAR FROM T HE DATE THE COMMISSI ONER LEAVES OFFICE .
15–123.
DURING THE FIRST YEAR OF EACH TERM OF THE COMMISSIONER
(A) WITHIN THE FIRST 3 MONTHS FOLLOWING APP OINTMENT, A
COMMISSIONER FROM MONTGOMERY COUNTY SHALL SUCCESSF ULLY COMPLETE :
(1) THE TRAINING REQUIRE D UNDER § 3–213 OF THE GENERAL
PROVISIONS ARTICLE;
(2) A COURSE RELATING TO HARASSMENT THE MARYLAND
DEPARTMENT OF PLANNING’S PLANNING COMMISSIONER , PLANNING BOARD AND
BOARD OF APPEALS EDUCATION COURSE; AND
(3) A COURSE ON DIVERSIT Y, EQUITY, AND INCLUSION AND TH E
IMPACTS OF IMPLICIT BIAS APPROPRIATE TRAINING ON:
(I) MARYLAND PUBLIC ETHICS LAW; AND
(II) MARYLAND–NATIONAL CAPITAL PARK AND PLANNING
COMMISSION POLICIES A ND PRACTICES ON :
1. ETHICS;
2. DRUG– AND ALCOHOL –FREE WORKPLACE ; AND
3. WORKPLACE HARASSMENT AND INTIMIDATION .
(B) FAILURE OF A COMMISSI ONER TO MEET THE REQ UIREMENTS OF
SUBSECTION (A) OF THIS SECTION DOES NOT INVALIDAT E A DECISION MADE BY THE
COMMISSION OR ESTABLI SH A PRIVATE CAUSE O F ACTION.
WES MOORE, Governor Ch. 239
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20–202.
(e) (1) This subsection applies only to the Montgomery County Planning
Board.
(2) The Board shall:
(i) PUBLISH AND MAINTAIN ON ITS WEBSITE THE A GENDA OF
THE OPEN MEETING, TOGETHER WITH A SUMM ARY OF ANY FINALIZED DOCUMENTS ,
WRITTEN TESTIMONY FR OM THE PUBLIC, AND OTHER MATERIALS THAT THE BOARD
WILL VOTE ON AT THE OPEN MEETING :
1. AT LEAST 72 HOURS BEFORE EACH ME ETING; OR
2. IF THE MEETING IS BE ING HELD DUE TO AN
EMERGENCY , A NATURAL DISASTER , OR ANY OTHER UNANTIC IPATED SITUATION , AS
FAR IN ADVANCE OF TH E MEETING AS PRACTIC ABLE;
(II) stream live video or live teleconference audio or other audio of
the open meetings of the Board;
[(ii)] (III) maintain on its website a complete and unedited archived
recording of each open meeting that is livestreamed in accordance with this subsection; and
[(iii)] (IV) notwithstanding § 3–306(b)(2)(i) of the General Provisions
Article:
1. prepare minutes of each meeting as soon as practicable
after the meeting; and
2. publish and maintain on its website the minutes of each
open meeting prepared in accordance with this subsection.
(3) (I) THE BOARD SHALL APPROVE M EETING MINUTES IN A
TIMELY MANNER .
(II) EACH OPEN MEETING AGE NDA SHALL INCLUDE
CONSIDERATION OF THE MEETING MINUTES FROM THE MOST RECENT MEET ING.
(III) THE REQUIREMENT UNDER SUBPARAGRAPH (II) OF THIS
PARAGRAPH DOES NOT A PPLY TO THE AGENDA O F AN EMERGENCY MEETI NG IF
CONSIDERATION OF THE MEETING MINUTES FROM THE MOST RECENT MEETING IS
NOT PRACTICABLE BECA USE OF THE NEED TO H OLD AN EMERGENCY MEE TING.
Ch. 239 2023 LAWS OF MARYLAND
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(4) The inability of the Board to comply with paragraph [(2)(i) and (ii)]
(2)(II) AND (III) of this subsection due to technical failure that entirely prevents or
otherwise affects the quality of the live video or audio streaming of a meeting of the Board
does not affect the validity of any action taken by the Board during the meeting if:
(i) the Board otherwise complies with this subsection and the Open
Meetings Act; and
(ii) the inability to comply is not due to willful action by the Board.
[(4)] (5) In addition to complying with the minutes requirements of the
Open Meetings Act under § 3–306 of the General Provisions Article, if the Board is unable
to comply with paragraph [(2)(i)] (2)(II) of this subsection, the Board shall make
good–faith efforts to record an open meeting by video or audio and maintain on its website
a complete and unedited archived recording of the meeting.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency
measure, is necessary for the immediate preservation of the public health or safety, has
been passed by a yea and nay vote supported by three–fifths of all the members elected to
each of the two Houses of the General Assembly, and shall take effect from the date it is
enacted.
20–210.
THE CHAIR OF THE MONTGOMERY COUNTY PLANNING BOARD MAY NOT
ENGAGE IN ANY OTHER FULL–TIME EMPLOYMENT WHIL E SERVING AS CHAIR .
SECTION 2. AND BE IT FURTHER ENACTED, That on or before December 31,
2023, the Montgomery County Planning Board of the Maryland–National Capital Park and
Planning Commission shall report to the members of the Montgomery County Delegation
to the General Assembly, in accordance with § 2–1257 of the State Government Article, on
the ability of the Board to publish on its website frequently updated, timely information on
regulatory matters over which the Board has decision–making authority, including the
ability of the Board to provide:
(1) summaries of the substance of applications;
(2) information on required findings;
(3) information on any community concerns received by the Commission;
and
(4) information on additional written testimony received by the
Commission after the deadline for public testimony.
WES MOORE, Governor Ch. 239
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SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2023.
Approved by the Governor, April 24, 2023.