Bill Information | |
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MC 15-17 | WITHDRAWN - Montgomery County – Liquor Control Authority |
Requested by | Chair on behalf of Montgomery County Executive |
Synopsis | For the purpose of abolishing the Montgomery County Department of Liquor Control and establishing in its place the Montgomery County Liquor Control Authority; specifying that the Authority is a body corporate and politic and is an instrumentality of the county that may sue and be sued under certain circumstances; establishing a Board of Directors to administer the Authority; specifying the number, qualifications, and terms of office of Board members; requiring that a Board member may not have a direct or indirect interest in certain premises and businesses, may not hold certain stock, may not hold another public office, and may not solicit or receive a commission, remuneration, or gift from certain persons; providing for a Board chair, Board quorum, and annual salary of Board members; establishing the position of Chief Executive Officer of the Authority; providing for the appointment of and qualifications for the Chief Executive Officer; specifying that the Chief Executive Officer serves at the pleasure of the Board; requiring the Board to set the salary of the Chief Executive Officer; establishing the position of Treasurer of the Authority; requiring the Board of Directors to appoint the Treasurer; requiring the Treasurer to execute a security bond under certain circumstances; requiring the Treasurer to have certain experience and comply with certain restrictions and job requirements; requiring that the Board of Directors set the salary of the Treasurer; repealing provisions of law regarding the Advisory Board in the Department of Liquor Control; providing that the Authority shall have the power necessary or convenient to exercise all liquor control functions; specifying that the County Charter does not apply to the Authority except for certain sections; specifying that the county ethics law applies to the Authority but that the county procurement law does not apply to the Authority; providing that the power includes certain functions; authorizing the Authority to issue bonds to finance the cost of capital expenses of liquor control functions and to meet other objectives; specifying that certain bonds are special obligations of the Authority; stating that certain bonds are exempt from certain types of taxation; specifying the persons who may invest in the bonds; authorizing the county and the Authority to take any necessary steps regarding outstanding bonds secured by the Department of Liquor Control revenues; requiring that all money received by the Authority be paid to the Treasurer and deposited in one or more special accounts; providing for the nature of the accounts; specifying the purposes for which certain money may be used; requiring that the Authority have an annual audit examination of the Authority’s books, accounts, and records; requiring the Authority to pay annually the Authority’s net profits to the county; specifying that a collective bargaining unit employee assigned to the Authority remains subject to the county’s merit system and certain laws; providing for certain rights of collective bargaining unit employees assigned to the Authority; providing that the Authority be considered the employer of collective bargaining unit employees assigned to the Authority for certain purposes; providing for certain disputes between the Authority and the bargaining representative; specifying that there shall be only one collective bargaining agreement covering certain employees; providing that this Act and any agreement between the Authority and the bargaining representative may not impair the right and responsibility of the Authority to engage in certain activities; requiring the County Executive to make certain determinations regarding employee functions on a certain date; providing for certain employees who accept and certain employees who decline a transfer to the Authority; specifying that the Board of License Commissioners is not a part of the Authority and will retain certain powers and duties; authorizing the County Executive to create an Office of the Board of License Commissioners, transfer the Board of License Commissioners to the Department of Health and Human Services, or create an Office of the Board of License Commissioners as a department or principal office; providing that the Authority assume certain liquor control functions that were exercised by the Department of Liquor Control, including maintaining a monopoly on the wholesale and retail distribution of certain alcoholic beverages, entering into a certain beer agreement, exercising certain purchasing and selling powers, and operating dispensaries; specifying that the county procurement law does not apply to certain purchases made by the Authority; repealing certain provisions of law regarding the handling of certain revenues; abolishing the Liquor Control Fund; providing that the Authority has certain immunity from certain suits; requiring the Authority to prepare and make public a certain annual report, including a certain summary of activities and plans; requiring the Authority to make available to the public by a certain date its annual operating budget and capital budget for the next fiscal year; declaring that as of a certain date, the Department of Liquor Control is abolished and the Liquor Control Authority, as of a certain date, is established as the successor of the Department; providing for the continuity of the status of certain transactions and employment status that are affected by or flowing from certain changes; providing for the continuity of all liquor control functions, properties, and appropriations relating to those liquor control functions; requiring the County Executive to take all necessary steps to ensure a smooth transition; requiring the Director of the Department of Liquor Control and the Director of the Department of Finance jointly to develop and submit to the County Executive by a certain date a certain comprehensive and practicable succession plan and activity schedule; specifying that the Authority is established as a new business model to enhance operational efficiencies, customer service, product selection, and revenue generating capacity and that the county will obtain a fair return on its investment in assets that are transferred to the Authority by receiving the annual payment of certain net profits; providing for the termination of the terms of the members of the Advisory Board in the Department of Liquor Control; providing for the initial terms of the regular members of the Board of Directors of the Montgomery County Liquor Control Authority; requiring the publisher of the Annotated Code of Maryland, in consultation with and subject to the approval of the Department of Legislative Services, to correct any cross–references or terminology rendered incorrect by this Act and to describe any corrections made in an editor’s note following the section affected; providing for a delayed effective date for certain provisions of this Act; defining certain terms and altering certain definitions; and generally relating to the Montgomery County Liquor Control Authority. |
Bill Text | |
House Bill Number | |
Bill History | |
Local Action House: | 12/5/16: Montgomery County House Delegation Local Bill Hearing - 3rd Floor Hearing Room, Stella Werner Council Office Building, Rockville 7:00 p.m. |
2/17/17: WITHDRAWN |
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Local Action Senate: | |
House Action: | |
Senate Action: | |
Action After Passage: | |