Expedited Bill No.  43-10

Concerning: Administration – Legislative Branch – County Council – Fiscal Impact Statements 

Revised: September 29, 2010 Draft No. 5          

Introduced:      July 27, 2010                 

Enacted:         October 5, 2010             

Executive:       October 12, 2010           

Effective:        October 12, 2010           

Sunset Date:  None                             

Ch.   42    , Laws of Mont. Co.    2010    

County Council

For Montgomery County, Maryland

By: Councilmember Knapp, Council President Floreen, Council Vice President Ervin, and Councilmembers Andrews, Trachtenberg, Elrich, Leventhal, Navarro, and Berliner

AN EXPEDITED ACT to:

(1)        require the Executive to submit a statement to the Council describing the fiscal impact of a bill before Council action; and

(2)        generally amend the law governing the consideration of bills by the Council.

By adding

            Montgomery County Code

            Chapter 2, Administration

            Article IV, Legislative Branch

            Section 2-81A

Boldface Heading or defined term.

Underlining Added to existing law by original bill.

[Single boldface brackets] Deleted from existing law by original bill.

Double underlining Added by amendment.

[[Double boldface brackets]] Deleted from existing law or the bill by amendment.

*   *   *                                                  Existing law unaffected by bill.

The County Council for Montgomery County, Maryland approves the following Act:

          Sec. 1.  Section 2-81A is added as follows:

2-81A.  Fiscal Impact Statements.

(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.

          Sec. 2.         Expedited Effective Date.

          The Council declares that this legislation is necessary for the immediate protection of the public interest.  This Act takes effect on the date on which it becomes law.

Approved: