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Subdivision II. Legislative Sessions and Other Meetings.
The first and third Tuesdays of each month and such additional days as the council may determine are designated as days for the enactment of legislation, but in no event shall the council sit for more than forty-five (45) days in each year for the purpose of enacting legislation. When a first or third Tuesday is an official holiday, the next succeeding Tuesday business day shall be a day for the enactment of legislation. The council shall meet at such times as it may determine for the conduct of other business and hearings. The council may adopt rules and regulations which implement or provide for the administration or execution of legislation under such procedures and provisions for notice and hearing prescribed herein or as otherwise prescribed by law. No business shall be transacted, or any appointments made, or nominations confirmed, except in public session. (1970 L.M.C., ch. 23, § 1; 1981 L.M.C., ch. 39, § 1.)
Editor's note-In Montgomery Citizens League v. Greenhalgh, 253 Md. 151, 252 A.2d 242 (1969), it was held that the Council need not designate an emergency extra session a legislative day separate and apart from the call of the session.
Charter reference-Council sessions, § 109.
Reasonable seating facilities shall be provided for the general public at all sessions and public meetings, and the general public is encouraged to attend. During a session or meeting, time may be provided at the discretion of the president, or upon request of a majority of the council present, for members of the public to address the council on pertinent matters. Persons seeking to address the council on a specific subject should state reasons for an appearance in writing prior to the fixing of the agenda for the council; provided, that this rule may be suspended by a majority of the council members present. Public hearings upon pending legislation or the budget are convened for the express purpose of obtaining public participation and comment. Such hearings shall not constitute a legislative session. At all times, order and decorum shall be maintained in keeping with the dignity of the governmental process, and no person or groups shall interfere with this process, and the council shall take all necessary steps required to maintain order.
No signs, placards, posters or attention devices of any kind or nature shall be carried or placed within the council offices, hearing or conference rooms, nor within any building in which is located the council office or in which the council is meeting or conducting a public hearing. This prohibition shall not apply to armbands, emblems, badges or other articles worn on the personal clothing of individuals; provided, that such armbands, badges or emblems are of such a size and nature as not to interfere with the vision or hearing or other persons at a meeting nor extend from the body as may cause injury to another. Any person who shall violate the provision above, relating to signs, or who shall willfully interrupt or disturb council proceedings, after warning to desist, may be removed from the premises and shall be subject to punishment for a class A violation as set forth in section 1-19 of chapter 1 of the County Code. (1970 L.M.C., ch. 23, § 1; 1983 L.M.C., ch. 22, § 4.)
(a) Definitions. In this Section, the following words and phrases have the following meanings:
Director means the Director of the Office of Management and Budget.
Fiscal impact means an estimate of changes in future County revenue and expenditures attributable to a change in the law.
(b) Fiscal impact statements. The Director must submit a statement to the Council describing the fiscal impact, if any, of each bill under consideration by the Council. The Director must submit a separate statement for each bill.
(c) Time for submission. A fiscal impact statement should be submitted to the Council:
(1) no later than 7 days before the public hearing on each bill introduced by the Council President at the request of the County Executive; and
(2) no more than 21 days after a bill sponsored by a Councilmember is introduced.
If the Director is unable to submit the statement within the time required by paragraph (2), the Director must notify the Council President in writing of the delay, the reason for the delay, and the revised delivery date. If the Council President finds that the revised delivery date is unreasonable, the Council President may set a different delivery deadline.
(d) Content of fiscal impact statement. Each fiscal impact statement must include:
(1) the sources of information, assumptions, and methodologies used;
(2) an estimate of changes in County revenues and expenditures regardless of whether the revenues or expenditures are assumed in a recommended or approved budget;
(3) revenue and expenditure estimates covering at least the next 6 fiscal years;
(4) an actuarial analysis through the entire amortization period for each bill that would affect retiree pension or group insurance costs;
(5) later actions that may affect future revenue and expenditures if the bill authorizes future spending;
(6) an estimate of the staff time needed to implement the bill;
(7) an explanation of how the addition of new staff responsibilities would affect other duties;
(8) an estimate of costs when an additional appropriation is needed;
(9) a description of any variable that could affect revenue and cost estimates;
(10) ranges of revenue or expenditures that are uncertain or difficult to project; and
(11) if a bill is likely to have no fiscal impact, why that is the case.
(e) Compliance. Council action on a bill that is otherwise valid is not invalid because of any failure to follow the requirements of this Section. (2010 L.M.C., ch. 42, § 1.)
(a) Definitions. In this Section, the following words and phrases have the following meanings:
Director means the Director of the Office of Legislative Oversight.
Economic impact means an estimate of the costs and/or benefits to private organizations and individuals in the County attributable to a change in the law.
(b) Economic impact statements. The Director must submit a statement to the Council describing the economic impact, if any, of each bill under consideration by the Council. The Director must submit a separate statement for each bill.
(c) Time for submission.
(1) An economic impact statement should be submitted to the Council no more than 21 days after a bill is introduced.
(2) If the Director is unable to submit the statement within 21 days after the bill is introduced, the Director must notify the Council President in writing of the delay, the reason for the delay, and the revised delivery date. If the Council President finds that the revised delivery date is unreasonable, the Council President may set a different delivery deadline.
(d) Content of economic impact statement.
(1) Each economic impact statement must include:
(A) the sources of information, assumptions, and methodologies used;
(B) a description of variables that could affect economic impact estimates; and
(C) if a bill is likely to have no economic impact, why that is the case.
(2) Each economic impact statement should include the bill’s potential positive or negative effects, if any, on the County’s workforce, taxation policy, property values, incomes, operating costs to businesses and non-profits operating in the County, capital investment from the private sector, economic development, and the County’s competitiveness.
(e) Compliance. Council action on an expedited bill that is otherwise valid is not invalid because of any failure to follow the requirements of this Section.
(2010 L.M.C., ch. 43, § 1; 2019 L.M.C., ch. 23, §1; 2019 L.M.C., ch. 14, §1; 2021 L.M.C., ch. 26, § 1.)
Editor’s note—2019 L.M.C., ch. 14, § 2, states: Effective Date. This Act must take effect on March 1, 2020 and apply to each Bill that is introduced after this Act takes effect.
(a) Definitions. In this Section, the following words and phrases have the following meanings:
Director means the Director of the Office of Legislative Oversight or the Director’s designee.
Race means a social construct that artificially divides people into distinct groups based on characteristics such as physical appearance (including color), ancestral heritage, cultural affiliation, cultural history, ethnic classification, and the social, economic and political needs of a society at a given period.
Racial equity and social justice means changes in policy, practice and allocation of County resources so that race or social justice constructs do not predict one’s success, while also improving opportunities and outcomes for all people.
Racial equity and social justice impact means an estimate of changes in racial equity and social justice in the County attributable to a change in the law.
Social justice means that everyone deserves to benefit from the same economic, political and social rights and opportunities, free from health disparities, regardless of race, socioeconomic status, age, sex – including on the basis of gender identity or orientation, religion, disability, or other characteristics.
(b) Racial Equity and Social Justice impact statement. The Director must submit a statement to the Council describing the racial equity and social justice impact, if any, of each bill and zoning text amendment under consideration by the Council or the District Council. The Director must submit a separate statement for each bill or zoning text amendment. The Director must consult with the Planning Board staff before submitting a racial equity and social justice impact statement for a zoning text amendment to the Council.
(c) Time for submission. A racial equity and social justice impact statement should be submitted to the Council:
(1) no later than 7 days before the public hearing on each bill introduced by the Council President at the request of the County Executive; and
(2) no more than 21 days after a bill sponsored by a Councilmember is introduced.
If the Director is unable to submit the statement within the time required by paragraph (2), the Director must notify the Council President in writing of the delay, the reason for the delay, and the revised delivery date. If the Council President finds that the revised delivery date is unreasonable, the Council President may set a different delivery deadline.
(d) Content of racial equity and social justice impact statement. Each racial equity and social justice impact statement must include:
(1) the sources of information, assumptions, and methodologies used;
(2) an estimate of both positive and negative changes in racial equity and social justice in the County as a result of the implementation of the bill;
(3) recommended amendments that may promote racial equity and social justice; and
(4) if a bill is likely to have no racial equity or social justice impact, why that is the case.
(e) Compliance. Council action on an expedited bill or District Council action on a zoning text amendment that is otherwise valid is not invalid because of any failure to follow the requirements of this Section. (2019 L.M.C., ch. 27, §1; 2020 L.M.C., ch. 38, §1.)
Editor’s note—2020 L.M.C., ch. 38, § 2, states: Transition. The amendments to Section 2-81C in Section 1 must take effect on September 1, 2021.2019 L.M.C., ch. 27, § 2, states:
Transition and Effective Date.
(a) The first report of the Office of Racial Equity and Social Justice required in Section 1 must be submitted to the Council on or before September 30, 2020 and the first report of the Racial Equity and Social Justice Committee required in Section 1 must be submitted to the Executive and the Council on or before December 1, 2020.
(b) Section 2-81C as added by Section 1 of this Act takes effect on August 1, 2020.
(a) Definitions. In this Section, the following terms have the meanings indicated.
Director means the Director of the Office of Legislative Oversight or the Director’s designee.
Planning Board means the Montgomery County Planning Board.
(b) Climate assessments required.
(1) The Director must submit an assessment to the Council describing the climate impact, if any, of each bill under consideration by the Council.
(2) The Planning Board must submit an assessment to the District Council describing the climate impact, if any, of each zoning text amendment, master plan, and master plan amendment under consideration by the District Council.
(c) Time for submission.
(1) A climate assessment should be submitted to the Council, or the District Council, at least 7 days prior to a public hearing on a bill, zoning text amendment, master plan, or master plan amendment.
(2) If the Director or the Planning Board is unable to submit the assessment within the time required under paragraph (1), the Director or the Planning Board must notify the Council President in writing of the delay, the reason for the delay, and the revised delivery date.
(3) If the Council President finds that the revised delivery date is unreasonable, the Council President may set a different delivery date.
(d) Contents of climate assessment.
(1) Each climate assessment must include:
(A) the sources of information, assumptions, and methodologies used;
(B) a description of variables that could affect the assessment; and
(C) if a bill, zoning text amendment, master plan, or master plan amendment is likely to have no climate impact, why that is the case.
(2) Each climate assessment must include:
(A) the potential positive or negative effects, if any, of the bill, zoning text amendment, master plan, or master plan amendment upon climate change;
(B) quantitative or qualitative evaluations of the identified effects upon greenhouse gas emissions, sequestration, and carbon drawdown; and
(C) quantitative or qualitative evaluations of the identified effects upon community resilience and adaptative capacity.
(3) Each climate assessment must identify amendments or other recommendations, if any, that would reduce or eliminate any anticipated negative effects of the bill, zoning text amendment, master plan, or master plan amendment upon carbon dioxide removal, sequestration, drawdown, community climate resilience, and adaptive capacity.
(e) Compliance. Council action on a bill, zoning text amendment, master plan, or master plan amendment that is otherwise valid is not invalid because of any failure to follow the requirements of this Section.
(f) Templates for climate assessments - required.
(1) Templates for the assessment of bills.
(A) The Director must develop and publish online a climate assessment template to guide the development of climate assessments for bills under this Section.
(B) At least once every 2 years, the Director must review the template and update the template as needed.
(2) Templates for the assessment of zoning text amendments and master plans.
(A) The Planning Board must develop and publish online a climate assessment template to guide the development of climate assessments for zoning text amendments, master plans, and master plan amendments under this Section.
(B) At least once every 2 years, the Planning Board must review the template and update the template as needed. (2022 L.M.C., ch. 17, §1; 2023 L.M.C., ch. 21, § 1.)
Editor’s note—2022 L.M.C., ch. 17
, §2, states: Sec. 2. Transition. The Director of the Office of Legislative Oversight must begin providing climate assessments under Section 1 of this Act beginning January 1, 2023. The Planning Board must begin providing climate assessments under Section 1 of this Act beginning March 1, 2023.
(a) Consideration of bills.
(1) Each bill enacted by the Council must contain only one subject matter.
(2) A vote on final passage of a bill requires a roll call by yeas and nays. If no Councilmember objects, the Council may enact more than one bill by a single combined roll call vote.
(b) Consideration of the budget. No earlier than 21 days after submission by the county executive to the council of the operating and capital budgets for the ensuing fiscal year and the six-year programs, the council must hold public hearings on the proposed budgets and six-year programs. The council must publish notice of the hearings in one newspaper of general circulation in the county. The council sets the procedure for consideration and approval of the budgets and six-year programs.
(c) Transmission to the Executive.
(1) After enactment of any legislation by the Council, the Clerk of the Council must promptly prepare a copy of the legislation in printed or typewritten form as finally enacted. The Council President or acting President must sign the legislation. The Clerk must deliver the legislation within 3 days to the County Executive, or in the absence of the County Executive, to the person performing the duties of the County Executive.
(2) After Council approval of the budget, the Clerk must deliver a copy of the approved budget within 3 days to the County Executive, or in the absence of the County Executive, to the person performing the duties of the County Executive.
(d) Legend on enrolled law. An enrolled law must contain in succinct form on the face of the bill in an appropriate place the bill number, chapter number, date introduced, date enacted, date approved by county executive or date of disapproval, if disapproved, date of override of veto, if any and the effective date. (1970 L.M.C., ch. 23, § 1; 1981 L.M.C., ch. 38, § 1; FY 1991 L.M.C., ch. 11, § 1; CY 1991 L.M.C., ch. 2, § 1; 1998 L.M.C., ch. 24, § 1; 2009 L.M.C., ch. 24, § 1.)
Editor’s note—See County Attorney Opinion No. 90.008 dated 11/20/90 discussing the use of consent calendars to consolidate capital improvement bills and proposed amendments to the County Code to permit more than one item on the consent calendar at a time. [attachment]
Charter reference-Enactment of legislation, § 111.
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