Bill Summary – FastDemocracy

HB 980
                       Department of Legislative Services
                               Maryland General Assembly
                                     2021 Session
                            FISCAL AND POLICY NOTE
                                 Enrolled - Revised
House Bill 980               (Prince George's County Delegation)
Environment and Transportation          Education, Health, and Environmental Affairs
      Prince George's County - Public Ethics - Payments and Transfer and Zone
                              Intensification Requests
                                     PG 416-21
This bill exempts members of the Prince George’s County Council from specified
participation restrictions when participating in a proceeding that is part of a countywide
zoning map amendment recommended by the Prince George’s County Planning Board,
where the intent is to implement an approved general plan by repealing and replacing all
zoning categories applicable to land in Prince George’s County. In addition, the bill
generally prohibits, during the period when the District Council of Prince George’s County
is adopting and approving a countywide zoning map amendment, the planning board from
recommending, and the district council from approving, specified zone intensification
requests that differ substantially from the applicable zoning category or classification
recommended in the Proposed Guide to New Zones adopted by the district council. Finally,
the bill requires a member who receives a payment or transfer from an applicant, agent, or
entity that requests a specified zone intensification to (1) return the payment or transfer and
(2) make note in the public record of the returned payment or transfer before the adoption
of the countywide zoning map amendment. The bill takes effect July 1, 2021, and
terminates December 31, 2022.
                                     Fiscal Summary
State Effect: The bill does not directly affect State finances.
Local Effect: The bill does not directly affect Prince George’s County finances.
Small Business Effect: None.
                                          Analysis
Current Law: The Maryland Public Ethics Law generally prohibits a member of the
county council from voting or participating in any way in the proceeding on an application
for a land use decision in Prince George’s County if the member’s treasurer or continuing
political committee, or a slate to which the member belongs or belonged during the
36-month period before the filing of the application, received a payment during the
36-month period before the filing of the application or during the pendency of the
application from any of the applicants or the agents of the applicants.
An applicant or an agent of the applicant may not make a payment to a member of or
candidate for the county council, or a slate that includes a member of or candidate for the
county council, during the pendency of the application. After an application is filed, an
applicant must file (and supplement, if needed) an affidavit under oath regarding any
payments made, or solicited to be made, during the 36-month period before the filing of
the application or during the pendency of the application.
“Application,” as it applies to the above provisions, means:
      an application for (1) a zoning map amendment; (2) a special exception; (3) a
       departure from design standards; (4) a revision to a special exception site plan;
       (5) an expansion of a legal nonconforming use; (6) a revision to a legal
       nonconforming use site plan; or (7) a request for a variance from the zoning
       ordinance;
      an application to approve (1) a comprehensive design plan; (2) a conceptual site
       plan; or (3) a specific design plan; or
      participation in adopting and approving an area master plan or sectional map
       amendment by appearance at a public hearing, filing a statement in the official
       record, or other similar communication to a member of the county council or the
       planning board, where the intent is to intensify the zoning category applicable to the
       land of the applicant.
“Applicant” is defined as an individual or a business entity that is:
      a title owner or contract purchaser of land that is the subject of an application;
      a trustee that has an interest in land that is the subject of an application, excluding a
       trustee described in a mortgage or deed of trust; or
      a holder of at least a 5% interest in a business entity that has an interest in land that
       is the subject of an application but only if (1) the holder of at least a 5% interest has
       substantive involvement in directing the affairs of the business entity with an
       interest in the land that is the subject of an application with specific regard to the
HB 980/ Page 2
       disposition of that land or (2) the holder of at least a 5% interest is engaged in
       substantive activities specifically pertaining to land development in
       Prince George’s County as a regular part of the business entity’s ongoing business
       activities.
Statute further specifies certain categories of individuals and entities that are included in,
or excluded from, the definition of “applicant.”
Council Resolution 27-2019
In July 2019, the county council, sitting as the district council, adopted Council Resolution
27-2019 directing the Maryland-National Capital Park and Planning Commission to
prepare a countywide sectional map amendment (CMA) for Prince George’s County in
accordance with specified requirements; approving specified goals and guidelines; and
approving the proposed Guide to New Zones as the decision matrix for the CMA.
                                Additional Information
Prior Introductions: None.
Designated Cross File: None.
Information Source(s): Prince George’s County; Maryland Department of Planning;
State Ethics Commission; Department of Legislative Services
Fiscal Note History:      First Reader - March 9, 2021
an/lgc                    Third Reader - March 22, 2021
                                 Revised - Amendment(s) - March 22, 2021
                          Enrolled - May 6, 2021
                                 Revised - Amendment(s) - May 6, 2021
Analysis by: Elizabeth J. Allison                       Direct Inquiries to:
                                                        (410) 946-5510
                                                        (301) 970-5510
HB 980/ Page 3
Statutes affected: 
Text - First - Prince George's County - Public Ethics - Definition of Application PG 416-21: 5-833 General Provisions
Text - Third - Prince George's County - Public Ethics - Definition of Application PG 416-21: 5-833 General Provisions
Text - Enrolled - Prince George's County - Public Ethics - Payments and Transfer and Zone Intensification Requests PG 416-21: 5-833 General Provisions, 5-835 General Provisions, 5-835 General Provisions