# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 24. Health and Sanitation.

### Article I. In General.

**Sec. 24-1. Council to act as board of health; powers generally.**

  The council, sitting as the local board of health for the county, is hereby authorized and empowered to adopt and enforce all needful rules and regulations concerning sanitation for eating and drinking establishments, habitable buildings and private water supplies, within their jurisdiction, and to provide therein reasonable regulating fees and charges in connection therewith and penalties for the violation thereof; provided such rules and regulations are in addition to and not in conflict with any regulations of the state board of health or of any provisions of the Annotated Code of Maryland, 1957, as amended.

**Sec. 24-2. Communicable diseases generally—Warning signs.**

  The county health officer is hereby authorized to post placards or warning signs on the premises on which a person is infected with a communicable disease dangerous to public health.

**Sec. 24-3. Communicable diseases—Unauthorized removal of warning signs.**

  Any person, other than the county health officer or his authorized representative, who removes or defaces any placard or warning sign as provided in section 24-4 shall be subject to punishment for a class B violation as set forth in section 1-19 of chapter 1 of the County Code.

**Sec. 24-4. Communicable diseases—Control in food establishments.**

  (a)   Affected persons not to handle food, etc.  No person who is affected with any disease in a communicable form, or is a carrier of such disease, shall work, and no employer shall knowingly require or permit such person to work, in any capacity which brings him in contact with the preparation, production, manufacture, packing, storage, sale, collection, distribution or transportation of any unpackaged food, meat, drink or food product, or in contact with any utensil, container or equipment used for the processing, preparing, handling or storage of unpackaged food, meat or drink.

  (b)   Notice to health officer.  Any employer who discovers or suspects that any person described in subsection (a) of this section employed by him has contacted any communicable disease or is a carrier of such disease shall notify the county health officer immediately.

  (c)   Examination, etc., of employees.  Every person connected with any establishment whose work brings him in contact with the handling, preparation, production, manufacture, packing, storage, sale, collection, distribution or transportation of any unpackaged food, meat, drink or food product or utensils, containers or equipment used for the processing, preparing, handling or storage of unpackaged food, meat or drink shall furnish such information, permit such physical examination or X-rays or both and submit such laboratory specimens as the county health officer may require for the purpose of determining freedom from communicable disease or infection.

  (d)   Penalty.  Any violation of the provisions of this section shall be punished by a fine of not less than five dollars ($5.00) nor more than one hundred dollars ($100.00) in the discretion of the court.  Each violation of any of the provisions of this section shall constitute a separate offense.

**Sec. 24-5. Use of certain shoe-fitting devices or machines prohibited.**

  It shall be unlawful for any person, association or corporation to operate or maintain within the limits of the county shoe-fitting devices or machines which use fluoroscopic X-ray or radiation principles as a basis of operation.

  Any violation of the provisions of this section shall be punished as a class A violation as set forth in section 1-19 of chapter 1 of the County Code.  Each and every day or any part of a day that such violation continues shall constitute a separate offense.

**Sec. 24-6. Commitment of chronic alcoholics.**

  The county health officer and his delegated agents are authorized on behalf of the county to petition any judge of the circuit court in equity, trial magistrate, substitute trial magistrate or judge of the people’s court of the county for an order of civil commitment of chronic alcoholics as provided in article Health-General, section 8-500 of the Annotated Code of Maryland.

**Sec. 24-7. Catastrophic health insurance plan.**

  (a)   Statement of purpose.

    (1)   The purpose of this section is to start a program to inform county citizens of the need for catastrophic health insurance and to make this insurance available to citizens through an independent insurer at no cost or liability to the county.

    (2)   A catastrophic illness or injury may financially devastate an individual or the family of the individual because of extraordinary medical expenses.  It is vitally necessary to the public health and welfare in Montgomery County that:

      (A)   Its citizens not be burdened with this financial cost.  Most health insurance policies contain a monetary limitation on the amount of money that can be expended on a particular illness or individual.  The county has enacted this section because additional insurance is not always available to citizens; and

      (B)   The Montgomery County government not be financially burdened by citizens who become indigent due to catastrophic health costs.

  (b)   Definitions.

    (1)   Catastrophic health insurance means a supplementary insurance contract that indemnifies a citizen for medical expenses that:

      a.   Result form an illness, injury, or disease; and

      b.   Are greater than fifty thousand dollars ($50,000.00).

    (2)   Citizen means any individual who lives in or works in this country for at least ninety (90) consecutive days.

    (3)   Insurer means an insurance company that is authorized to provide catastrophic illness insurance in this state.

  (c)   Responsibility of county executive.  The county executive should use his best efforts to:

    (1)   Contract with an insurer to provide to any citizen catastrophic health insurance;

    (2)   Inform citizens of the availability to purchase the catastrophic health insurance plan; and

    (3)   Provide oversight for all contract obligations with the county.

  (d)   Preexisting conditions.  A contract provided under this section will not be required to cover a preexisting medical condition of the citizen.

  (e)   The county is not liable in any way for any claims arising out of an arrangement for insurance established under this section, and the insurer must bear the cost of all claims and indemnity the county against all claims and the cost of defending against all claims in connection with an arrangement for insurance established under this section.

  (f)   Regulations.  The county executive may adopt regulations under method (2) of section 2A-15 of this Code to implement this section.

**Sec. 24-8. Massage.**

  (a)   Definitions.  In this Section, terms that are defined in the state Health Occupations Article have the same meaning, and the following words and phrases have the following meanings:

    (1)   Massage has the same meaning as “massage therapy” under § 3-5A-01 of the Health Occupations Article.

    (2)   Massage establishment: any business where any employee, agent or contractor who is not a certified massage therapist or registered massage practitioner under state law performs a massage.

    (3)   Director: The Director of the Department of Health and Human Services, or the Director’s designee.

    (4)   Board: the Maryland State Board of Chiropractic Examiners.

    (5)   Department: the Department of Health and Human Services.

  (b)   Scope.  This Section does not apply to:

    (1)   an individual with a license, registration, or other approval issued by the Board to provide massage under § 3-5A-05 of the Health Occupations Article;

    (2)   an athletic trainer who:

      (A)   is certified by a nationally recognized athletic trainer certification agency identified by the Director and works under the supervision of a physician, while functioning in the athletic trainer’s professional capacity;

      (B)   is employed by an accredited educational institution, while performing professional duties at that institution; or

      (C)   is employed by a professional sports team, while treating members of that team; and

    (3)   a business in which every person who performs massage is a certified massage therapist or registered massage practitioner under State law.

  (c)   Massage establishment.

    (1)

      (A)

        (d)   Any massage establishment must have a license issued by the Director under this Section. The licensee is the owner of the establishment.  If the owner is not an individual, the owner must designate on the application an individual as the owner’s representative.  The owner’s representative must consent on the application to be so designated. The representative must accept any notice sent to the owner under this Section.  If the owner does not pay any fine, penalty, or fee due under this Section, the Director may collect the fine, penalty, or fee from the owner’s representative.  The owner must not designate an individual as its representative under this subsection if the individual is not qualified to receive a manager’s license under subsection (d).

      (B)   The licensee or a licensed manager must be on the premises at all times while the establishment is occupied.

      (C)   A person must not own or operate a massage establishment without obtaining a massage establishment license.  This requirement may be enforced by the Director or the Police Department.

      (D)   The Director or the Police Department may close an unlicensed massage establishment until the business and each person owning or operating the business obtains a license under this Section.

    (2)   Except as otherwise provided in this Section, the Director must, with the assistance of the Police Department, review each application and issue a massage establishment license if:

      (A)   the applicant meets the requirements of this Section, is qualified under standards set by Executive Regulation, and completes a license application form provided by the Director;

      (B)   the massage establishment facility meets minimum standards set by Executive Regulation;

      (C)   the applicant pays an application fee and license fee; and

      (D)   the establishment complies with all applicable zoning, health, fire prevention, and building laws and regulations.

    (3)   The Director must conduct a prelicensing inspection of any massage establishment, and may conduct other inspections necessary to enforce this Section.

    (4)   A massage establishment must meet minimum standards set by regulation at all times.

    (5)   Any person who operates a massage establishment must not perform or allow another person to perform a massage unless the person who performs the massage:

      (A)   is a certified massage therapist or registered massage practitioner under state law; or

      (B)   has a valid County massage worker’s license.

    (6)   Any person who operates a massage establishment must permit a County police officer or the Director to enter the massage establishment at any time during operating hours, and at any other time in an emergency or when the establishment is occupied.

    (7)   Any person who operates a massage establishment must not allow a person of one gender to massage a person of another gender.  This restriction does not apply of the person who performs the massage is a State-certified massage therapist or registered massage practitioner.

    (8)   A massage establishment license has a term of one year and must be renewed annually.

    (9)

      (A)   A massage establishment license must not be transferred from one person to another.

      (B)   A massage establishment license must not be transferred from a location to another location until a license is issued for the new location.

      (C)   A massage establishment license applies to a single location specified in the license.

    (10)   If an applicant for a massage establishment license does not own the building where the establishment would be located, the building owner must approve the use of the building as a massage establishment on a form provided by the Director.

  (d)   Massage establishment manager.

    (1)   The licensee, if an individual, and any person who manages a massage establishment in the absence of the licensee, including an owner’s representative designated under subsection (c)(1)(A), must obtain a massage establishment manager’s license from the Director and renew the license each year.

    (2)   Except as otherwise provided in this Section, the Director must, with the assistance of the Police Department, review each application and issue a license if the applicant is qualified under this Section and the standards established by regulation.  Each applicant must:

      (A)   complete an application form provided by the Director;

      (B)   submit proof of good health required by the Director;

      (C)   pay the application and license fee;

      (D)   be at least 18 years old;

      (E)   have not been convicted of, pled guilty or nolo contendere to, or served any term of probation as a result of being charged with:

        (i)   a felony;

        (ii)   a crime involving moral turpitude;

        (iii)   violation of a controlled dangerous substances law; or

        (iv)   violation of any law regulating the practice of a health occupation;

      (F)   not habitually use any drug or alcoholic beverage to an extent that impairs professional performance;

      (G)   provide a passport-size photograph, fingerprints, and a list of the applicant’s occupation or employment for the 3 years before filing the application; and

      (H)   if the applicant is not a United States citizen, provide evidence of legal presence and employability in the United States.

  (e)   Massage worker.

    (1)   Any person who performs massage for compensation and who is not a certified massage therapist or registered massage practitioner under state law must obtain a massage worker’s license from the Director and renew the license each year.  An individual may apply for a license under this subsection only if the individual is expressly exempt under § 3-5A-05(a)(2) of the Health Occupations Article from the certification and registration requirements of that section.

    (2)   Except as otherwise provided in this Section, the Director must, with the assistance of the Police Department, review each application and issue a license if the applicant is qualified under this Section and the standards established by regulation.  Each applicant must:

      (A)   complete an application form provided by the Director;

      (B)   submit proof of good health;

      (C)   pay the application and license fee;

      (D)   be at least 18 years old;

      (E)   have satisfactorily completed at least 60 credit hours of education at an institution of higher education as defined by State law;

      (F)   have successfully completed at least 500 hours of massage training provided by an organization approved by the Board; and

      (G)   have not been convicted of, pled guilty or nolo contendere to, or served any term of probation as a result of being charged with:

        (i)   a felony;

        (ii)   a crime involving moral turpitude;

        (iii)   violation of a controlled dangerous substances law; or

        (iv)   violation of any law regulating the practice of a health occupation;

      (H)   not habitually use any drug or alcoholic beverage to an extent that impairs professional performance;

      (I)   provide a passport size photograph, fingerprints, and a list of the applicant’s occupation or employment for the 3 years before filing the application; and

      (J)   if the applicant is not a United States citizen, provide evidence of legal presence and legal employability in the United States.

    (3)   A person who holds a license issued under this Section and who is not a certified massage therapist or registered massage practitioner under state law must not perform massage except as the agent or employee of a massage establishment that has a valid County license.

    (4)   A massage worker licensed under this subsection must only massage persons of the worker’s same gender.

    (5)   A massage worker’s license must not be transferred from one individual to another.

  (f)   Fees. The County Executive must set application and license fees by Executive Regulation under method (3) that substantially cover the cost of administering this Section.

  (g)   Denial or Revocation of license.  The Director may refuse to issue a license under this Section, and may suspend or revoke a license issued under this Section, after a hearing for which reasonable notice has been given, if the licensee or applicant:

    (1)   violates any provision of this Section;

    (2)   submits fraudulent information in support of a license application under this Section;

    (3)   is convicted of, or pleads guilty or nolo contendere to, or is ordered to serve a period of probation after being charged with:

      (A)   a felony;

      (B)   a crime involving moral turpitude;

      (C)   violation of a controlled dangerous substance law; or

      (D)   violation of any law regulating the practice of a health occupation;

    (4)   habitually uses any drug or alcoholic beverage to an extent that impairs professional performance; or

    (5)   is grossly negligent in the performance of massage.

  (h)   Notice and opportunity for hearing.

    (1)   Notice. After finding that one or more grounds for denial, suspension, or revocation of a license could exist, the Director may serve a written notice on the licensee or applicant in person or by regular mail, postage prepaid, addressed to the person’s last known address as maintained in the Director’s file.  Service on that person by mail is effective 3 days after mailing.  The Director must also post a written notice at a conspicuous place on the establishment for which the license was or would be issued. The written notice must, at a minimum:

      (A)   state that the Director has found that the licensee or applicant may be subject to denial, suspension, or revocation;

      (B)   identify the specific grounds for the Director’s findings; and

      (C)   set a date for a hearing on denial of the application or suspension or revocation of the license.  The hearing must be held at least 5 days after service of the Director’s notice, unless the parties agree to an earlier date.

    (2)   Hearing. The Director or a designee may conduct the hearing.  At the hearing, the licensee or applicant may present evidence and witnesses to refute the grounds cited by the Director for denying the application or suspending or revoking the license, and the County and any other person may submit relevant evidence.  The relevant records of the Department are part of the hearing record.  Within 3 days after the hearing closes, the person conducting the hearing must render a decision in writing, giving the reasons for the decision.  That decision is final and is subject to judicial review under the Maryland rules for review of administrative decisions.

    (3)   Failure to appear.  A licensee or applicant who after notice does not appear at a hearing waives the right to a hearing and consents to the action that the Director proposed in the notice. The Director may deny the application or suspend or revoke the license as proposed in the notice.

    (4)   Notice and Effective Date of Suspension or Revocation.  The Director’s written decision must be posted at the office of the Director and must be served on the licensee or applicant in person or by regular mail, postage prepaid, addressed to the applicant or licensee’s last known address as maintained in the Department’s files.  The Director must also post a written notice of the decision at a conspicuous place on the establishment for which the license was or would be issued.  A suspension or revocation takes effect on the day the Director’s decision is delivered in person or posted, whichever occurs first.  To facilitate enforcement of this provision, the Director may require the applicant or licensee to appear at the Director’s office at a specific time to receive a copy of the decision and be prepared to surrender the license.  If a licensee or applicant does not appear to receive the Director’s decision, the Director’s decision is effective on the date and time the licensee or applicant was directed to appear.

    (5)   Surrender of license and security.  When a license is suspended or revoked, the Director must take custody of the suspended or revoked license.

  (i)   Upon receipt of notice of a license revocation or suspension, unless otherwise directed the licensee must, within 24 hours:

    (1)   place the license in the mail, postage prepaid, addressed to the Department; or

    (2)   physically deliver the license to the Department.

  (j)   If the Department does not receive a suspended or revoked license within 48 hours after notification, excluding weekends or a legal holiday, or as otherwise directed, the holder of the license violates this Section.  In addition to any other penalties that may be imposed, the director or Police may:

    (1)   remove the revoked or suspended license from the business location; and

    (2)   close the place of business until the person operating the business obtains a license.

  (k)   Appeals.

    (1)   Any person aggrieved by the denial, suspension, or revocation of any license under this Section may seek judicial review under the Maryland rules for review of administrative decisions.

    (2)   The Director’s decision to deny a license must not be stayed pending appeal.  Final administrative action that revokes or suspends a license may be stayed pending appeal only if:

      (A)   the court finds that the public health, safety, or welfare will not be endangered during the appeal; and

      (B)   a bond of $100,000 is posted.

  (l)   Penalty.  A person has committed a class A violation if the person:

    (A)   violates any provision of this Section; or

    (B)   submits fraudulent information in support of a license application under this Section

**Sec. 24-8A. Fitness Centers—Defibrillators.**

  (a)   In this Section the following terms have the following meanings:

    (1)   Automated External Defibrillator means a portable electronic device that provides an electric shock to the heart in order to reestablish normal contraction rhythms in a heart having dangerous arrhythmia or that is in cardiac arrest.

    (2)   Business includes a for-profit or non-profit organization.

    (3)   Commercial fitness center means a business where members, clients, or customers engage in exercise indoors.

    (4)   Exercise means an activity that requires strenuous physical exertion, either to develop and maintain fitness or to compete in a sport.  Exercise includes weight lifting, cardio-fitness training, aerobic fitness training, yoga, pilates, jazzercise, circuit training, spinning, and stepping.  Exercise also includes playing basketball, volleyball, soccer, ice hockey, tennis, racquetball, squash, and any similar indoor sport.

  (b)   Every commercial fitness center must have available at all times when the center is open at least one Automated External Defibrillator in good working order and at least one staff member who is trained in its use. This requirement does not apply to any fitness center where not more than 3 persons are employed.  As used in this subsection only, “employed” means that a person regularly works more than 20 hours per week.

  (c)

    (1)

      (2)   This Section is not intended to impose any civil liability, or relieve any person from civil liability, regarding the presence or use of, or failure to use, any Automated External Defibrillator, except as expressly provided in paragraph (2).

    (2)   A commercial fitness center, or any employee of a center, is not liable in connection with the use or nonuse of an Automated External Defibrillator, unless:

      (A)   the center has not made an Automated External Defibrillator available as this Section requires; or

      (B)   an employee of a center has acted with gross negligence or engaged in willful or wanton misconduct.

  (d)   Any violation of this Section is a class C civil violation.  The County Attorney or any affected person may file an action in a court with jurisdiction to enjoin repeated violations of this Section.

  (e)   The County Fire and Rescue Service must investigate each complaint alleging a violation of this Section and take appropriate action, including issuing a citation when compliance cannot be obtained otherwise.  The Department of Health and Human Services may, if requested, assist the Service in enforcing this Section.

**Sec. 24-8B. Bodywork Establishments.**

  (a)   Definitions.  As used in this Section, the following words and phrases have the following meanings:

    Bodywork means the practice of using one’s hands or another part of the body to apply pressure on an individual’s fully clothed body or bare feet to affect the electromagnetic energy, energetic field, or energy meridians of the human body. Bodywork includes the practice of reflexology or acupressure.

    Bodywork establishment means any business that advertises bodywork services or where any employee, agent, or contractor performs bodywork on an individual.

    Chief means the Chief of Police or the Chief’s designee.

    Director means the Director of the Department of Health and Human Services or the Director’s designee.

    Licensee means an individual owner of a bodywork establishment or an individual designated by the owner if the owner is not an individual.

    Sexual activity means any direct or indirect physical contact between persons intended to erotically stimulate either person or both persons or is likely to cause such stimulation.  Sexual activity includes sexual intercourse, fellatio, cunnilingus, anal intercourse, masturbation, or manual stimulation.

  (b)   Scope.  This Section does not apply to:

    (1)   an individual with a license, registration, or other approval issued by the Maryland State Board of Chiropractic and Massage Therapy Examiners to provide massage under §3-5A-05 of the Health Occupations Article;

    (2)   an athletic trainer who:

      (A)   is certified by a nationally recognized athletic trainer certification agency identified by the Director and works under the supervision of a physician, while functioning in the athletic trainer’s professional capacity;

      (B)   is employed by an accredited educational institution, while performing professional duties at that institution; or

      (C)   is employed by a professional sports team, while treating members of that team; or

    (3)   a business in which every person who provides services is a certified massage therapist or registered massage practitioner under State law.

  (c)   Bodywork establishment.

    (1)   License required.  A bodywork establishment must have a license issued by the Director under this Section. The licensee must be the owner of the establishment. If the owner is not an individual, the owner must designate on the application an individual as the owner’s representative. The owner’s representative must consent on the application to be so designated. The representative must accept any notice sent to the owner under this Section. If the owner does not pay any fine, penalty, or fee due under this Section, the Director may collect the fine, penalty, or fee from the owner’s representative.

    (2)   Except as otherwise provided in this Section, the Director must, with the assistance of the Police Department, review each application and issue a bodywork establishment license if:

      (A)   the applicant meets the requirements of this Section and completes a license application on a form provided by the Director;

      (B)   the bodywork establishment facility meets the minimum standards set by Executive Regulation;

      (C)   the applicant pays an application fee and license fee; and

      (D)   the establishment complies with all applicable zoning, health, fire prevention, and building laws and regulations.

    (3)   The Director must conduct a pre-licensing inspection of any bodywork establishment, and may conduct other inspections necessary to enforce this Section.

    (4)   A bodywork establishment must continue to meet the minimum standards set by regulation at all times.

    (5)   Any person who operates a bodywork establishment must permit a County police officer or the Director to enter the bodywork establishment at any time during operating hours, and at any other time in an emergency or when the establishment is occupied.

    (6)   Any person who operates a bodywork establishment must not allow a person to perform any sexual activity with another person in the establishment.

    (7)   A bodywork establishment license has a term of one year and must be renewed annually.

    (8)   A bodywork establishment license;

      (A)   must not be transferred from one person to another;

      (B)   must not be transferred from one location to another location until a license is issued for the new location; and

      (C)   applies to a single location specified in the license.

    (9)   If an applicant for a bodywork establishment license does not own the building where the establishment would be located, the building owner must approve the use of the building as a bodywork establishment on a form provided by the Director.

  (d)   Bodywork establishment licensee.

    (1)   The licensee, if an individual, or an owner’s representative designated under subsection (c)(1), must

      (A)   submit proof of good health required by the Director;

      (B)   be at least 18 years old;

      (C)   have not been convicted of, pled guilty or nolo contendere to, or served any term of probation as a result of being charged with a:

        (i)   felony;

        (ii)   crime involving moral turpitude, including solicitation, prostitution, and related crimes;

        (iii)   violation of a controlled dangerous substances law; or

        (iv)   violation of any law regulating the practice of a health occupation;

      (D)   not permit an individual to perform bodywork services in the establishment while under the influence of a non-prescribed drug or alcoholic beverage;

      (E)   provide a passport-size photograph, fingerprints, and a list of the individual’s occupation or employment for the 3 years before filing the application; and

      (F)   if the applicant is not a United States citizen, provide evidence of legal presence and employability in the United States.

  (e)   Executive Regulations.  The Executive must adopt an Executive Regulation under Method (2) establishing the minimum standards for a bodywork establishment and the application process.  The Executive must set application and license fees by Executive Regulation under Method (3) that substantially cover the cost of administering this Section.

  (f)   Denial or Revocation of license.  The Director may refuse to issue a license under this Section, and may suspend or revoke a license issued under this Section, after a hearing for which reasonable notice has been given, if the licensee or applicant:

    (1)   violates any provision of this Section;

    (2)   submits fraudulent information in support of a license application under this Section;

    (3)   is convicted of, or pleads guilty or nolo contendere to, or is ordered to serve a period of probation after being charged with:

      (A)   a felony;

      (B)   a crime involving moral turpitude, including solicitation, prostitution, and related crimes;

      (C)   violation of a controlled dangerous substance law; or

      (D)   violation of any law regulating the practice of a health occupation;

    (4)   permits an individual to perform bodywork services in the establishment while under the influence of a non-prescribed drug or alcoholic beverage; or

    (5)   is grossly negligent in the performance of bodywork.

  (g)   Notice and opportunity for hearing.

    (1)   Notice.  After finding that one or more grounds for denial, suspension, or revocation of a license could exist, the Director may serve a written notice on the licensee or applicant in person or by regular mail, postage prepaid, addressed to the person’s last known address as maintained in the Director’s file. Service on that person by mail is effective 3 days after mailing. The Director must also post a written notice at a conspicuous place on the establishment for which the license was or would be issued. The written notice must, at a minimum:

      (A)   state that the Director has found that the licensee or applicant may be subject to denial, suspension, or revocation;

      (B)   identify the specific grounds for the Director’s findings; and

      (C)   set a date for a hearing on denial of the application or suspension or revocation of the license. The hearing must be held at least 5 days after service of the Director’s notice, unless the parties agree to an earlier date.

    (2)   Hearing.  The Director or a designee may conduct the hearing. At the hearing, the licensee or applicant may present evidence and witnesses to refute the grounds cited by the Director for denying the application or suspending or revoking the license, and the County and any other person may submit relevant evidence. The relevant records of the Department are part of the hearing record. Within 3 days after the hearing closes, the person conducting the hearing must render a decision in writing, giving the reasons for the decision. That decision is final, subject to judicial review under the Maryland Rules for review of administrative decisions in the Circuit Court and the Court of Special Appeals.

    (3)   Failure to appear.  A licensee or applicant who after notice does not appear at a hearing waives the right to a hearing and consents to the action that the Director proposed in the notice. The Director may deny the application or suspend or revoke the license as proposed in the notice.

    (4)   Notice and Effective Date of Suspension or Revocation.  The Director’s written decision must be posted at the office of the Director and must be served on the licensee or applicant in person or by regular mail, postage prepaid, addressed to the applicant or licensee’s last known address as maintained in the Department’s files. The Director must also post a written notice of the decision at a conspicuous place on the establishment for which the license was or would be issued. A suspension or revocation takes effect on the day the Director’s decision is delivered in person or posted, whichever occurs first. To facilitate enforcement of this provision, the Director may require the applicant or licensee to appear at the Director’s office at a specific time to receive a copy of the decision and be prepared to surrender the license. If a licensee or applicant does not appear to receive the Director’s decision, the Director’s decision is effective on the date and time the licensee or applicant was directed to appear.

    (5)   Surrender of license and security.  When a license is suspended or revoked, the Director must take custody of the suspended or revoked license.

  (h)   Upon receipt of notice of a license revocation or suspension, unless otherwise directed, the licensee must, within 24 hours:

    (1)   place the license in the mail, postage prepaid, addressed to the Department; or

    (2)   physically deliver the license to the Department.

  (i)   If the Department does not receive a suspended or revoked license within 48 hours after notification, excluding weekends or a legal holiday, or as otherwise directed, the holder of the license violates this Section. In addition to any other penalties that may be imposed, the Director or the Chief may:

    (1)   remove the revoked or suspended license from the business location; and

    (2)   close the place of business until the person operating the business obtains a license.

  (j)   Appeals.

    (1)   Any person aggrieved by the denial, suspension, or revocation of any license under this Section may seek judicial review under the Maryland Rules for review of administrative decisions in the Circuit Court and the Court of Special Appeals.

    (2)   Except as provided in subsection (3), the Director’s decision to deny a license must not be stayed pending appeal.

    (3)   Final administrative action that revokes or suspends a license may be stayed pending appeal only if:

      (A)   the Court finds that the public health, safety, or welfare will not be endangered during the appeal; and

      (B)   an appropriate bond is posted.

  (k)   Penalty.  A person has committed a class A violation if the person:

    (1)   violates any provision of this Section; or

    (2)   submits fraudulent information in support of a license application under this Section.

**Sec. 24-8C. Strategic Plan to Achieve Food Security in Montgomery County.**

  (a)   The County Executive must develop a Strategic Plan to Achieve Food Security in Montgomery County by December 1, 2016. In developing the Strategic Plan, the Executive should consider regional, national, and global efforts to address food insecurity. The Strategic Plan must at least include:

    (1)   demographic and geographic information on poverty in Montgomery County;

    (2)   demographic and geographic information on participation in Supplemental Nutrition Assistance Program (SNAP);

    (3)   demographic and geographic information on participation in Women, Infants, and Children (WIC) food supplement program;

    (4)   participation in free and reduced meals by school;

    (5)   participation in other school based food programs;

    (6)   demographic estimates regarding food insecurity;

    (7)   information on the relationship between access to transportation and access to food;

    (8)   information on how food literacy impacts food insecurity; and

    (9)   a 5-year Plan, with recommended actions, that strives to reduce food insecurity. The Plan must include:

      (A)   recommendations to reduce food insecurity for seniors and children in the first year of the Plan; and

      (B)   cost estimates to implement the Plan.

  (b)   In developing the Strategic Plan, the Executive must consult with:

    (1)   the County Department of Health and Human Services;

    (2)   the County Department of Transportation;

    (3)   the County Office of Agriculture;

    (4)   the Regional Service Center Directors;

    (5)   Montgomery County Public Schools;

    (6)   the County Planning Department;

    (7)   the Office of Community Partnerships;

    (8)   the Montgomery County Food Council

    (9)   Manna Food Center;

    (10)   the Capital Area Food Bank;

    (11)   individuals who have experience with food insecurity;

    (12)   organizations that are geographically located throughout that County that provide emergency or sustained food assistance; and

    (13)   organizations that are geographically located throughout the County whose mission is to reduce and eliminate poverty in the County.

  (c)   By December 1 each year, the Executive must submit a report to the County Council. The annual report must:

    (1)   update the information required in Section 24-8C(a);

    (2)   include activities, accomplishments, plans, and objectives to implement the Strategic Plan;

    (3)   include cost estimates for the following fiscal year necessary to implement the Strategic Plan.

  (d)   This Section is known as the Food Security Bill.

**Sec. 24-8D. Lead in drinking water.**

  (a)   Findings.

    (1)   The United States Environmental Protection Agency has determined that:

      (A)   lead is a toxic metal that is harmful to human health;

      (B)   children are at a greater risk from lead exposure than adults; and

      (C)   there is no safe level of lead for children.

    (2)   MD Code, Environment, §§ 6-1501 and 6-1502 require public and nonpublic schools to:

      (A)   regularly test for lead in drinking water outlets located in each occupied school building;

      (B)   within 24 hours, prevent all physical access to water from a drinking water outlet with an elevated level of lead until the problem is mitigated; and

      (C)   report the results of all lead testing to the Maryland Department of the Environment.

    (3)   A lead level in a drinking water outlet greater than 5 parts per billion is a danger to children in public schools.

  (b)   Definitions.  In this Section, the following words have the following meanings:

    Action level means a level of lead in water, which if exceeded, requires a school to take remedial action, notification, and follow-up-sampling.

    Director means the Director of the Department of Environmental Protection or the Director’s designee.

    Drinking water outlet means a potable water fixture that is used for drinking or food preparation. A drinking water outlet includes:

    (1)   a water fountain, faucet, or tap that is used or potentially used for drinking or food preparation;

    (2)   an ice-making machine;

    (3)   a hot drink machine; and

    (4)   any sink that is known to be used for human consumption.

    County lead limit means a lead concentration in drinking water of 5 parts per billion in a 250 milliliter first-draw.

    Public school means a school operated by the Montgomery County Board of Education or a public charter school established by the Montgomery County Board of Education.

    State regulations means the Code of Maryland Regulations, Title 26, Department of the Environment, Subtitle 16, Lead, Chapter 07, Lead in Drinking Water – Public and Nonpublic Schools, as amended.

  (c)   Action level.  A public school must:

    (1)   complete all testing and reporting required by the State regulations;

    (2)   submit a copy of all test results and reports required by the State regulations to the Director; and

    (3)   take the remedial action, notification, and follow-up sampling required for an elevated level of lead under the State regulations for any drinking water outlet with a lead concentration that is greater than the County lead limit.

### Article Ii. Smoking, Tobacco, and Nicotine.

**Sec. 24-9. Definitions; smoking and using electronic cigarettes in public places.**

  (a)   Definitions.  In this Article, the following words and phrases have the meanings indicated:

    Bus stop means a location that has been designated by a pole and appropriate signage as a place where passengers board or alight a bus.

    Bus stop area means a rectangular area surrounding a bus stop pole which extends 25 feet along the curb on each side of the pole and 15 feet from the curb.

    Eating and drinking establishment means an establishment regulated under Chapter 15.

    Electronic cigarette means any product containing or delivering nicotine or any other substance intended for human consumption that can be used by a person to simulate smoking through inhalation of vapor or aerosol from the product. Electronic cigarette includes any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen, or under any other product name or descriptor. Electronic cigarette includes any component, part, or accessory of an electronic cigarette, whether or not sold separately, that is used during the operation of the electronic cigarette, but does not include any battery or battery charger that is sold separately.

    Enclosed means separated by walls that extend from floor to ceiling and under a roof.

    Health care facility means any office or institution where individual care or treatment of physical, mental, or emotional illness, or any other medical, physiological, or psychological condition is provided.  Health care facility includes any hospital, clinic, nursing home for the aging or chronically ill, laboratory, or office of any physician, dentist, psychologist, psychiatrist, physiologist, podiatrist, optometrist or optician.

    Outdoor serving area means a patio, deck, porch, or other outdoor seating or serving area, whether partially enclosed or open to the sky, that is permitted for outdoor eating or drinking under the control of an eating and drinking establishment.

    Person means any individual, firm, partnership, association, corporation, company, or organization of any kind.

    Public place means an enclosed area in which members of the public are normally invited or permitted.

    Public meeting means any meeting wherever held, open to the public with no membership requirement.

    Rail transit station means an area that:

    (1)   Includes the fare-paid and roofed areas;

    (2)   Is a regular stopping place for the pickup and discharge of passengers in regular route service, contract service, or special or community type service; and

    (3)   Is owned, operated, or controlled by the Washington Metropolitan Area Transit Authority.

    Retail store means any establishment whose primary purpose is to sell merchandise or food for consumption off the premises, directly to consumers.

    Smoking or smoke means the act of lighting, smoking, or carrying a lighted or smoldering cigar, cigarette, or pipe, of any kind.

    Tobacco shop means any store that primarily sells tobacco, tobacco products and pipes or other implements used to smoke tobacco.  “Tobacco shop” does not include an area of a larger store in which tobacco is sold.

    Vape shop means any store that primarily sells electronic cigarettes. Vape shop does not include an area of a larger store in which electronic cigarettes are sold.

    Vaping or vape means the act of using an electronic cigarette.

    Workplace means an enclosed area or any part of an enclosed area used in the performance of employment or related activities.  Workplace includes a motor vehicle owned or leased by the employer, conference room, auditorium, library, office machine station, lunchroom, vending area, locker room, lounge, hallway, or stairwell.

  (b)   Smoking and vaping are prohibited in certain public places.  A person must not smoke or use any electronic cigarette in or on any:

    (1)   Elevator, regardless of capacity, except elevators in single-family dwellings as provided by state law;

    (2)   Health care facility, regardless of capacity, except:

      (A)   In the private, enclosed sleeping or living quarters of persons working in a health care facility where patients and members of the public are not normally present; and

      (B)   In patient sleeping quarters, if:

        1.   All patients assigned to the room have agreed to have the room designated as a smoking area;

        2.   The administrator of the facility, or a designee, has designated the room as a smoking area; and

        3.   A reasonable effort is made to assign patients to sleeping rooms according to the patient’s nonsmoking or smoking preference;

    (3)   School or other educational facility operated by the Montgomery County public schools or Montgomery College, except when expressly permitted under state law;

    (4)   Building or part of a building owned or leased by County government, and any private building or part of a building during a public meeting called by a government body;

    (5)   Theatre or movie theater;

    (6)   County government workplace, including any privately-owned workplace where County employees are regularly assigned;

    (7)   Rail transit station;

    (8)   Business or organization open to the public, including a retail store, bank, office, factory, eating and drinking establishment, or any other private business or organization;

    (9)   Restroom, except a restroom in a private residence;

    (10)   Enclosed auditorium, concert or lecture hall;

    (11)   property that is owned or leased by the County, including a bus shelter or bus stop area, but excluding any other part of a County right-of-way; or

    (12)   outdoor serving area, except as provided in paragraph (c)(9) or (e).

  (c)   Exceptions.  Smoking or vaping is not prohibited by this Section:

    (1)   In a tobacco shop or a vape shop;

    (2)   In a vehicle, when used in the course of employment and occupied by only one individual;

    (3)   When smoking or vaping is necessary to the conduct of scientific research into the health effects of tobacco smoke and is conducted at an analytical or educational laboratory;

    (4)   In any part of a private residence which is not open to the public for business purposes;

    (5)   In up to 40% of the sleeping rooms in a hotel or motel;

    (6)   In up to 40% of the premises of a fraternal, religious, patriotic, or charitable organization or corporation or fire company or rescue squad during an event that the organization or corporation holds on its own property and which is open to the public;

    (7)   In the bar and dining area of an eating and drinking establishment that:

      (A)   is a club as defined in the state alcoholic beverages law:

      (B)   has an alcoholic beverages license issued to private clubs under the state alcoholic beverages law; and

      (C)   allows consumption of alcoholic beverages on its premises;

    (8)   In any occupied residential unit owned or leased by the County for as long as the occupant on May 27, 2013 retains possession of the unit;

    (9)   On a golf course or in an outdoor seating area associated with a golf course if employees of an eating and drinking establishment do not serve food or drink in the outdoor seating area; and

    (10)   In an area designated by the Director of the Department of Health and Human Services under subsection (d).

  (d)   Notwithstanding paragraph (b)(11), the Director of the Department of Health and Human Services may designate an outside area on property that is owned or leased by the County where smoking or vaping is allowed if the Director finds that a complete prohibition on that property would impede a program’s mission or effective delivery of services.

  (e)   Outdoor serving areas.

    (1)   An eating and drinking establishment may designate a portion of an outdoor serving area that is on a rooftop or balcony where smoking or vaping is allowed.

    (2)   This paragraph does not apply in a municipality that prohibits smoking or vaping in an outdoor serving area.

  (f)   Posting signs.

    (1)   Except as provided in paragraph (e)(4), signs prohibiting or permitting smoking or vaping, as the case may be, must be posted conspicuously at each entrance to a public place covered by this Section.

    (2)   Where smoking or vaping is prohibited by this Section, the sign either must read “No smoking or vaping by order of Montgomery County Code § 24-9. Enforced by (department designated by the County Executive)” or be a performance- oriented sign such as “No Smoking or Vaping” or “This is a Smoke Free Establishment.”  The international no-smoking symbol may replace the words “No smoking.”

    (3)   Signs need not be permanently attached to a structure.  The owner and the person in control of the room or area are both responsible for posting the required signs.

    (4)   The Director of Health and Human Services may waive the requirement of paragraph (e)(1) on County property, or require a sign to be posted in another location, if the Director finds, after consulting with the Director of General Services, that posting a sign at an entrance is not feasible.

  (g)   Duty to prevent smoking in certain areas. The owner or person in control of a building or area covered by this Section must refuse to serve or seat any person who smokes or vapes where smoking or vaping is prohibited, and must ask the person to leave the building or area if the person continues to smoke or vape after proper warning.

  (h)   Optional smoking restrictions. The owner or person in control of any property not covered in subsection (b) or exempted under subsection (c) may prohibit or restrict smoking as provided in this Section by notifying, in writing, the department designated to enforce this Section and by posting appropriate signs.  The department must enforce the prohibition or restriction wherever signs are posted until the owner or person in control of the property notifies the department in writing that the owner or person in control has revoked the prohibition or restriction and removed all signs.

  (i)   Limitations.  This Section does not:

    (1)   allow any person to smoke at any place where smoking is otherwise restricted; or

    (2)   prevent an owner or person in charge from prohibiting smoking entirely at any business or workplace.

  (j)   Other laws still apply.

    (1)   This Section adds to, and does not replace or restrict, any other applicable federal, state, or County law or regulation.

    (2)   This Section does not allow smoking where smoking is restricted by any applicable fire prevention rule or regulation.

  (k)   Regulations.  The County Executive may adopt reasonable regulations under method (2) to enforce this Section.

  (l)   Enforcement and penalties.

    (1)   Any violation of this Article is a class C civil violation.  Each day a violation exists is a separate offense.

    (2)   The County Attorney or any affected party may file an action in a court with jurisdiction to enjoin repeated violations of the Section.

    (3)   The County Executive must designate by Executive order one or more County departments or agencies to enforce this Article.

    (4)   The Director of the Department of Health and Human Services may suspend a license issued under Chapter 15 for up to 3 days if the Director finds, under the procedures of Section 15-16, that the operator of an eating and drinking establishment has knowingly and repeatedly violated any provision of this Section.

  “Sec. 2. Severability; legislative intent. (a) The County Council intends that, if a court issues a final decision holding that any part of County Code Section 24-9, as amended by Section 1 of this Act, or the application of Section 24-9 to any person or circumstance, is unconstitutional or invalid, the remaining provisions of Section 24-9 and the application of that Section to all other persons and circumstances remain in full effect.  (b) Without limiting the generality of subsection (a), if the exemption from the prohibitions of Section 24-9 that is contained in subsection 24-9(c)(7), as inserted by Section 1 of this Act, is held to be unconstitutional or invalid on its face or as applied to any person or circumstance, then the Council intends that: (1) the exemption be severed from the remainder of Section 24-9; and (2) all provisions of Section 24-9, as otherwise amended by Section 1 of this Act, continue in effect and apply to all eating and drinking establishments, including those eating and drinking establishments that were exempted under subsection 24-9(c)(7), as inserted by Section 1 of this Act.”

  “Sec. 3. Marketing Assistance.  The Department of Economic Development must establish and administer a fund, subject to appropriation, to provide marketing assistance to County restaurants affected by the provisions of this law.  The Department must develop criteria for use of these funds and report to the Council quarterly on expenditures from the fund.”

**Sec. 24-10. Availability of Tobacco Products to Minors.**

  (a)   In order to reduce the accessibility of tobacco products to minors, a person must not install or maintain a vending machine which dispenses a tobacco product anywhere in the County except inside a private club that is licensed to serve alcoholic beverages.  A vending machine located inside any private club must not be placed in any restroom, coatroom, unmonitored hallway, outerwaiting area, or other unattended place.

  (b)   As used in this Section:

    (1)   minor means any person under 18 years old;

    (2)   tobacco product means any cigarette or cigar containing tobacco, pipe tobacco, smokeless or chewing tobacco, and any other product that contains tobacco; and

    (3)   vending machine means any electronic, mechanical, or other device that dispenses a tobacco product.

  (c)   Any violation of this Section is a Class A violation.  Both the owner of the vending machine and the owner of the business or residence in which the machine is located are responsible for complying with this Section.  The Health and Human Services Department and any other agency designated by the County Executive must enforce this Section.

**Sec. 24-11. Distribution of tobacco products and electronic cigarettes to certain persons.**

  (a)   Definitions.  In this Section the following words have the meanings indicated.

  Distribute means to:

    (1)   give away, sell, deliver, dispense, or issue;

    (2)   offer to give away, sell, deliver, dispense, or issue; or

    (3)   cause or hire any person to give away, sell, deliver, dispense, or issue or offer to give away, sell, deliver, dispense, or issue.

  Electronic cigarette has the same meaning as in Section 24-9.

  Tobacco product means any substance containing tobacco, including cigarettes, cigars, smoking tobacco, snuff, or smokeless tobacco.

  (b)   Unlawful distribution.

    (1)   A person engaged in the business of selling or otherwise distributing tobacco products for commercial purposes must not distribute any tobacco product, cigarette rolling paper, coupon redeemable for any tobacco product, or electronic cigarette to an individual under 21 years old, unless:

      (A)   the individual is acting solely as the agent of the minor’s employer who is engaged in the business of distributing tobacco products; or

      (B)   the individual is:

        (i)   at least 18 years of age;

        (ii)   is an active duty member of the military; and

        (iii)   presents a valid military identification.

    (2)   A person, who is not a person described under paragraph (b)(1), must not buy for, sell to, or deliver to an individual under 21 years old any tobacco product, cigarette rolling papers, or electronic cigarette, unless the individual under 21 years old is:

      (A)   at least 18 years of age;

      (B)   is an active duty member of the military; and

      (C)   presents a valid military identification.

  (c)   Subsection (b) does not apply to the distribution of a coupon which is redeemable for any tobacco product when the coupon is contained in a newspaper, a magazine, or any other type of publication in which the coupon is incidental to the primary purpose of the publication, or sent through the mail.

  (d)   A person has not violated this Section if:

    (1)   that person examined a driver’s license, military identification, or another valid identification issued by an employer, a government entity, or an institution of higher education; and

    (2)   that license or other identification positively identified the buyer or recipient of a tobacco product or electronic cigarette as at least 21 years old or is at least 18 years old and has a valid military identification.

  (e)   If an individual under 21 years old bought a tobacco product or electronic cigarette from a vending machine, this Section does not apply to the owner of the vending machine or any other person with control over the vending machine.

  (f)   A person who violates this Section is liable for a civil violation. The maximum civil fine is $1000 for a first offense and $1000 for each subsequent offense.

**Sec. 24-12. Tobacco and electronic cigarette products – placement.**

  (a)   Placement.  A retail seller of any tobacco or electronic cigarette product must not display or store the product in any place that is accessible to buyers of the product without the intervention of the seller or an employee of the seller.

  (b)   Definitions.  Tobacco product means any substance containing tobacco, including cigarette, cigars, smoking tobacco, snuff, or smokeless tobacco.

  (c)   Applicability.  This Section does not apply to:

    (1)   the sale of any tobacco or electronic cigarette product from a vending machine that complies with all requirements of state law; and

    (2)   any store where only or primarily tobacco or electronic cigarette products are sold.

**Sec. 24-13.  Use and possession of tobacco products or electronic cigarettes by certain persons prohibited.**

  (a)   Prohibition. A person under 21 years old must not use or possess a tobacco product or an electronic cigarette unless that person is:

    (1)   at least 18 years of age;

    (2)   is an active duty member of the military; and

    (3)   presents a valid military identification.

  (b)   Penalties. Notwithstanding Section 24-9(l), the monetary penalty for a violation of this Section is $0.00.

**Sec. 24-14. Child Resistant Packaging of Liquid Nicotine Container Required.**

  (a)   Definitions. In this Section, the following words have the meanings indicated:

    Child resistant packaging means packaging that is:

    (1)   designed or constructed to be significantly difficult for children under 5 years of age to open or obtain a toxic or harmful amount of the substance contained therein within a reasonable time;

    (2)   not difficult for normal adults to use properly; and

    (3)   tested in accordance with the method described in Code of Federal Regulations, Title 16, Section 1700.20, as in effect on March 3, 2015.

    Child resistant packaging does not mean packaging which all such children cannot open or obtain a toxic or harmful amount within a reasonable time.

    Liquid nicotine container means a container that is used to hold liquid containing nicotine in any concentration.

  (b)   Child resistant packaging required. A retail seller of any liquid nicotine or liquid nicotine container must not sell, resell, distribute, dispense, or give away:

    (1)   any liquid or gel substance containing nicotine unless the substance is in child resistant packaging; or

    (2)   any nicotine liquid container unless the container constitutes child resistant packaging.

  (c)   Exceptions. This Section does not apply to a liquid nicotine container that is sold, marketed, or intended for use in an electronic cigarette if the container is prefilled and sealed by the manufacturer and not intended to be opened by the consumer.

**Sec. 24-15. Distribution of electronic cigarettes near certain schools.**

  (a)   Definition. In this Section, the following words have the meanings indicated:

  Distribute means to:

    (1)   give away, sell, deliver, dispense, or issue;

    (2)   offer to give away, sell, deliver, dispense, or issue; or

    (3)   cause or hire any person to give away, sell, deliver, dispense, or issue or offer to give away, sell, deliver, dispense, or issue.

  Manufacturer means an electronic smoking devices manufacturer as defined in Section 16.7-101 of the Business Regulations Article of the Maryland Code.

  (b)   Unlawful distribution. A manufacturer must not distribute any electronic cigarette to any retail store within 0.5 miles of any middle school or high school in the County.

**Sec. 24-16. Distribution of flavored electronic cigarettes.**

  (a)   Definition. In this Section, the following words have the meanings indicated:

  Characterizing flavor means a distinguishing taste or aroma, other than the taste or aroma of tobacco, imparted either before or during use of an electronic cigarette or component part. Characterizing flavor includes any taste or aroma relating to any fruit, mint, menthol, wintergreen, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb, or spice. However, an electronic cigarette is not deemed to have a characterizing flavor solely because of the use of additives or flavorings or the provision of ingredient information.

  Constituent means any ingredient, substance, chemical, or compound, other than nicotine, tobacco, water, or reconstituted tobacco sheet, that is added by the manufacturer to an electronic cigarette during the processing, manufacture or packing of the electronic cigarette.

  Distribute means to:

    (1)   give away, sell, deliver, dispense, or issue;

    (2)   offer to give away, sell, deliver, dispense, or issue; or

    (3)   cause or hire any person to give away, sell, deliver, dispense, or issue or offer to give away, sell, deliver, dispense, or issue.

  Flavored electronic cigarette means any electronic cigarette or any component part thereof that contains a constituent that imparts a characterizing flavor.

  Manufacturer means an electronic smoking devices manufacturer as defined in Section 16.7-101 of the Business Regulations Article of the Maryland Code.

  (b)   Unlawful distribution. A manufacturer must not distribute any flavored electronic cigarette to any retail store within 0.5 miles of any elementary, middle, or high school, library,, or recreational facility in the County.

**Secs. 24-17 — 24-21. Reserved.**

### Article Iii. Health Planning.

**Sec. 24-22. Policy.**

  (a)   It is the policy of Montgomery County to protect and promote the public health and safety and general welfare by fostering the development of a health care system that provides financial and geographic access to quality culturally and linguistically competent health care at a reasonable cost for all County residents.  To accomplish this purpose, it is essential that plans for maintaining the health of County residents and developing health services to meet the current and future health needs of County residents be prepared, programs to implement these plans be developed and executed, and proposed developments or alterations of health services be publicly reviewed and commented on. Health planning should address the overall health status of County residents, health disparities within social, economic, geographic, racial and ethnic groups, and the effects of social determinants of health on County residents.

  (b)   This article is intended to organize the manner in which the country conducts its health planning activities.

**Sec. 24-23. Commission on Health.**

  (a)   The Montgomery County Commission on Health is established.

  (b)   In this article, “commission” means the Montgomery County Commission on Health.

  (c)   The county executive appoints the commission, subject to confirmation by the county council.

  (d)   The commission must broadly represent the social, economic, linguistic, geographic, cultural and racial characteristics of Montgomery County.

  (e)   The commission consists of:

    (1)   Nineteen (19) voting members representing a cross-section of consumers and providers of health care, who are drawn from such populations as the disabled, the elderly, minority groups, the general population, physicians, other health professionals, health care institutions, health care insurers, health maintenance organizations, health professional schools, and the allied health professions.  One (1) member must be a member of the Montgomery County Medical Society.  The majority of the members must not be providers of health services.

    (2)   Two nonvoting ex officio members, of whom:

      (A)   One is a member of the County Council or the Council’s designated representative, if the Council designates a Councilmember or Council representative; and

      (B)   One is the County health officer.

  (f)   Each commission member must reside or have a primary place of business in Montgomery County.

  (g)   The commission must elect a chair from among its members:

    (1)   Whose term is one (1) year; and

    (2)   Who may be reelected.

  (h)

    (1)

      (3)   The term of an appointed member is three (3) years.  Each term begins on July 1 of the year of appointment.  Of the members first appointed, one-third must be appointed for a one-year term, one-third must be appointed for a two-year term and one-third must be appointed for a three-year term.

    (2)   At the end of a term, an appointed member continues to serve until a successor is confirmed.

    (3)   A member who is appointed after a term has begun serves only for the rest of the term and until a successor is confirmed.

**Sec. 24-24. Functions.**

  (a)   To advise the County Executive and the County Council, the Commission must:

    (1)   Periodically review available County public health programs, services, and facilities and data on the health status of the County population and subgroups within it;

    (2)   Comment on gaps, deficiencies, or duplication in County public health programs, services, and facilities, including health status disparities and inequities;

    (3)   Report each year to the County Executive on the performance of the Health and Human Services Department’s public health programs, actions needed to improve the programs, and the priorities within which the improvements should be made;

    (4)   Comment on the proposed allocation of funds to County public health programs in accordance with the Department’s priorities, considering the available financial resources and the need for health cost containment;

    (5)   Advise on local public health planning needs based on health status data;

    (6)   Comment on the appropriateness of institutional health services proposed to be offered in the County and the metropolitan area by the private sector and nonprofit, state, or other public sector agencies;

    (7)   Advise on the development of statewide criteria and standards for certificates of need and health planning, considering the regional impact when appropriate.

  (b)   The Commission must report to and meet with the County Council, sitting as the County Board of Health, at least annually, on the programs and policies within its purview.

  (c)   To ensure its smooth and efficient functioning, the commission must adopt bylaws.

**Sec. 24-25. Meetings.**

  (a)   The commission must meet at least quarterly.  Once a year, the chair must set a meeting schedule for the coming year with the approval of the commission.

  (b)   A meeting may be convened at the request of two-thirds of the members.

  (c)   A majority of the members constitutes a quorum for the transaction of business.

  (d)   A majority vote of the members present is sufficient to take any action

**Sec. 24-26. Compensation.**

  Members are not compensated for serving on the commission

**Sec. 24-27. Advocacy.**

  The Commission must not engage in any advocacy activity at the State or federal levels unless that activity is approved by the Office of Intergovernmental Relations.

**Sec. 24-28. Staff support.**

  The Department of Health and Human Services must provide appropriate support for the Commission in order to assist in carrying out the Commission’s responsibilities.

**Secs. 24-29—24-33. Reserved.**

### Article Iv. Mental Health.

**Sec. 24-34. Mental Health Advisory Committee—Established; composition; appointment; terms; ex officio members.**

  (a)   There is a County Mental Health Advisory Committee.

  (b)   The Committee has 19 voting members and at least 3 nonvoting ex officio members.

    (1)   The voting members are:

      (A)   7 individuals selected from or representing:

        (i)   the County Executive;

        (ii)   the County Council;

        (iii)   the County public schools;

        (iv)   the practicing physicians in the County;

        (v)   mental health professionals in the County who are not physicians;

        (vi)   the clergy in the County;

        (vii)   the legal profession in the County;

        (viii)   a local law enforcement agency;

        (ix)   a local general hospital that contains an inpatient psychiatric unit;

        (x)   the Area Agency on Aging;

        (xi)   the Department of Juvenile Services;

        (xii)   the Department of Health and Human Services; and

        (xiii)   a local community rehabilitation or housing program;

      (B)   4 individuals who are currently receiving or have in the past received mental health services;

      (C)   3 parents or other relatives of adults with mental disorders;

      (D)   3 parents or other relatives of children or adolescents with emotional, behavioral, or mental disorders, the onset of which occurred during childhood or adolescence;

      (E)   a representative from the local mental health association; and

      (F)   a member of the general public.

    (2)   The ex officio, nonvoting members are the following individuals or their designees:

      (A)   the State Mental Hygiene Administration Regional Mental Health Director who serves the County;

      (B)   a representative of a State inpatient facility that serves the County;

      (C)   Director of the County Department of Health and Human Services; and

      (D)   if there are designated State inpatient beds located in County general hospitals, a representative from those facilities.

  (c)   A committee member must not receive direct or indirect monetary benefits from State Department of Health and Mental Hygiene grants or contracts, except local general hospitals that contain a clinic or State designated inpatient beds, a local community rehabilitation or housing program, and the representative from the County mental health association.  In this Section, monetary benefits do not include reimbursement for ordinary expenses, such as travel, or compensation received by a government employee.

  (d)   Each member is appointed for a 3-year term.  A member appointed to complete an unexpired term serves until a successor is appointed and qualifies.  The Executive appoints voting members subject to confirmation by the Council.  The State Director of Mental Hygiene appoints the representative of the State inpatient facility under State law.  A voting member who has served 2 consecutive full terms must not be reappointed for 2 years after completing those terms.

**Sec. 24-35. Officers; subcommittees.**

  (a)   The members elect the officers of the Committee annually.  The Chair of the Committee may not be the same person for more than 2 consecutive years.

  (b)   The Committee may create subcommittees.  A subcommittee may include persons who are not members of the Committee.  However, the Chair of the subcommittee must be a member of the Committee.

**Sec. 24-36. Meetings; quorum; voting; bylaws.**

  (a)   The Committee meets in public session on call by the Chair as often as required to perform its duties.  The Committee must meet at least 6 times each year.  A regular or special meeting of the Committee must also be convened at the request of two-thirds of the voting members of the Committee.  The Chair must give reasonable advance notice of all meetings to members of the Committee and the general public.

  (b)   A majority of the voting members of the Committee is a quorum to transact business.

  (c)   The Committee may adopt bylaws to govern its activities.

**Sec. 24-37. Reserved.**

**Section 24-38. Duties.**

  The duties of the Mental Health Advisory Committee are:

  (a)   monitor, review, and evaluate the allocation and adequacy of publicly-funded mental health services within the County through means such as conducting or participating in site visits;

  (b)   determine the needs of the County mental health system, including quality of services, gaps in the system, and interagency coordination;

  (c)   participate in the development of the local mental health plan and local mental health budget;

  (d)   prepare an annual report which must include:

    (1)   a description of the progress of the County mental health system;

    (2)   recommendations on actions needed to improve the system;

    (3)   recommendations on priorities for allocation of funds; and

    (4)   recommendations on appropriate allocation of funds consistent with established priorities and available funds;

  (e)   disseminate the annual report to the:

    (1)   Director of the Department of Health and Human Services;

    (2)   County Council;

    (3)   County Executive;

    (4)   State Mental Hygiene Administration’s Regional Mental Health Director;

    (5)   Director of Mental Hygiene Administration;

    (6)   Secretary of the Department of Health and Mental Hygiene; and

    (7)   Maryland Advisory Council on Mental Hygiene; and

  (f)   review and comment on the annual mental health plan and preliminary budget for the State mental health grant to the County; and

  (g)   review and comment on the annual budget for mental health services of the Department of Health and Human Services.

**Sec. 24-39. Advocacy.**

  The Committee must not engage in any advocacy activity at the State or federal levels unless that activity is approved by the Office of Intergovernmental Relations.

**Sec. 24-40. Staff support.**

  The Department of Health and Human Services provides staff support to the Committee.

### Article V. Alcohol and Other Drug Addiction Advisory Council.

**Sec. 24-41. Members; appointment.**

  (a)   Members.  The County Executive must appoint, subject to confirmation by the County Council, an Alcohol and Other Drug Addiction Advisory Council.  The Council consists of 16 voting members and 9 nonvoting members.

  (b)   Voting members.  The County Executive should appoint the voting members so that they include:

    (1)   4 members of the general public that reflect the geographic diversity of the County;

    (2)   an individual who is recovering from alcoholism or other drug addiction;

    (3)   a professional who treats alcoholism or other drug addiction;

    (4)   a professional who provides care to prevent alcoholism or other drug addiction;

    (5)   a person of high school age or younger;

    (6)   a person who represents the multi-cultural diversity of the County;

    (7)   a practicing physician;

    (8)   a pharmacist;

    (9)   a relative of an individual who is receiving care for alcoholism or other drug addiction; and

    (10)   a member of:

      (A)   the clergy;

      (B)   the legal profession;

      (C)   the County parent-teachers associations; and

      (D)   the business community.

  (c)   Nonvoting members.  The following should each designate one nonvoting ex-officio member of the Council:

    (1)   County Executive;

    (2)   County Council;

    (3)   Health and Human Services Department;

    (4)   Police Department;

    (5)   Montgomery County Public School System;

    (6)   Board of License Commissioners;

    (7)   Department of Corrections and Rehabilitation;

    (8)   Mental Health Advisory Committee; and

    (9)   Victims Services Advisory Board.

  (d)   Removal of members.  Section 2-148(c) applies only to voting members of the Council.

**Sec. 24-42. Officers; subcommittees; meetings; bylaws; staff.**

  (a)   Officers.  The Council must elect a Chair annually.  The Council may select other officers annually as it finds appropriate.  A member must not serve as Chair for more than 2 consecutive years.

  (b)   Subcommittees.  The Council may establish subcommittees that may include persons who are not members of the Council.  However, the Chair of each subcommittee must be a member of the Council.

  (c)   Meetings.  The Council meets at the call of the Chair as often as required to perform its duties, but at least 9 times each year.  The Council must also meet if two-thirds of the voting members request in writing that a meeting be held.  The Chair must give reasonable advance notice of all meetings to members of the Council and the general public.  A majority of the voting members are a quorum to transact business.

  (d)   By-laws.  The Council may establish by-laws to govern its activities.

  (e)   Staff.  The Department of Health and Human Services must provide the Council with staff support.

**Sec. 24-43. Duties of the Council.**

  The Council must:

  (a)   identify local alcohol and other drug addiction program needs, after receiving the advice of the Director of the Department of Health and Human Services by June 1 of each year;

  (b)   review the state alcohol and other drug addiction plan;

  (c)   assist in the development of an annual County alcohol and other drug addiction plan;

  (d)   recommend appropriate allocation of funds to support alcohol and other drug addiction programs after considering other available funding sources;

  (e)   promote alcohol and other drug addiction programs;

  (f)   conduct or participate in one or more public forums each year concerning alcoholism and other drug addiction; and

  (g)   issue an annual report to the County Executive, County Council, and Director of the Department of Health and Human Services by October 1 of each year.  The report must:

    (1)   evaluate the progress of local alcohol and other drug addiction programs;

    (2)   identify actions needed to improve local alcohol and other drug addiction programs; and

    (3)   outline goals of the Council for the following year.

**Sec. 24-44. Advocacy.**

  The Council must not engage in any advocacy activity at the State or federal levels unless that activity is approved by the Office of Intergovernmental Relations.

**Sec. 24-45—24-46. Reserved.**

### Article Vi. Advisory Board for Montgomery Cares Program.

**Sec. 24-47. Definitions.**

  In this article the following words have the meanings indicated;

  Area median income means the median household income for the Washington-Arlington-Alexandria, DC-VA-MD HUD Metro FMR Area as estimated by the U.S. Department of Housing and Urban Development, adjusted by household size, or its successor.

  Board means the Advisory Board for the Montgomery Cares Program.

  Department means the Department of Health and Human Services.

  Low-income means 80% or less of area median income.

  Program means the Department’s health care delivery system that provides primary medical care and other essential health care and related services, through public/private partnerships, to low-income, uninsured, and underinsured residents of the County.

**Sec. 24-48. Established.**

  There is an Advisory Board for the Montgomery Cares Program.

-----------

**Sec. 24-49. Mission**

  The Board’s mission is to advise and recommend policies that ensure access to high quality, efficient health care and related services for low-income, uninsured, and underinsured County residents.

**Sec. 24-50. Members; appointments; terms.**

  (a)   Total members.  The Board has 19 members.

  (b)   Ex officio members.  Subject to confirmation by the County Council, the County Executive should appoint the following individuals to serve as ex officio members of the Board:

    (1)   The County Health Officer or Officer’s designee; and

    (2)   The Chief of the Department’s Behavioral Health and Crisis Service or the Chief’s designee.

  (c)   Other members.  Subject to confirmation by the County Council, the County Executive should appoint the following individuals to serve on the Board:

    (1)   2 representatives of community health care providers that participate in the Program;

    (2)   1 representative of hospitals that participate in the Program;

    (3)   The chair of the Board of Directors of the entity that contracts with the Department to administer the distribution of funds for the delivery of Program services or the chair’s designee;

    (4)   5 members of the public;

    (5)   4 individuals who have knowledge of and experience with issues relating to health care for uninsured individuals such as primary care, specialty care, dental care, behavioral health care, or fiscal matters relating to any of these types of care;

    (6)   1 representative of the Commission on Health;

    (7)   1 representative of the County Medical Society; and

    (8)   2 current or former recipients of services under the Program.

  (d)   Terms.  A member appointed under subsection (c) serves a 3-year term.

  (e)   Appointments; removal.  Section 2-148 does not apply to members appointed under subsection (b).

  (f)   Conflicts of Interest.

    (1)   Section 19A-11(a) does not apply to a member appointed under subsection (c).

    (2)   A member appointed under subsection (c) must publicly disclose to the Board the nature and circumstances of any conflict before voting on any Board recommendation.

**Sec. 24-51. Voting; chair and vice chair; meetings; compensation.**

  (a)   Voting.  All members of the Board are voting members.

  (b)   Chair and vice chair.  The members of the Board must elect a chair and vice chair by majority vote to serve a 1-year term.

  (c)   Meetings.  The Board must meet at least 10 times each year.

  (d)   Compensation.  Except as provided in subsection (e), a member must serve without compensation.

  (e)   Expenses.  A member may request reimbursement for mileage and dependent care costs at rates established by the County.

**Sec. 24-52. Duties and staff.**

  (a)   Duties.  The Board may advise the County Executive, County Council, and Department on any matter relating to the goal of ensuring a steady and measurable improvement in accessibility of low-income, uninsured, and underinsured County residents accessing high quality health care services, including:

    (1)   Eligibility criteria for participating health care providers;

    (2)   Eligibility criteria for individuals served by the Program;

    (3)   The method for allocating Program funds;

    (4)   The method of distributing funds to participating health care providers;

    (5)   The Program budget;

    (6)   Growth targets and resources needed to meet those targets;

    (7)   Assistance to eligible individuals to obtain State and federal health care coverage;

    (8)   Policies and practices to maximize the use of County funds for direct services to clients;

    (9)   Evaluation of policies and programs to improve access to health care and related services for low-income, uninsured, and underinsured County residents;

    (10)   Strategic planning in support of the Health Care for the Uninsured programs administered by the Department, including:

      (A)   Montgomery Cares;

      (B)   Care for Kids;

      (C)   Maternity Partnership;

      (D)   the Department’s Dental Services; and

      (E)   Health Care for the Homeless; and

    (11)   Health care services provided to low income, uninsured, and underinsured County residents, including primary care, specialty care, dental care, behavioral health, and ancillary services.

  (b)   Report.  The Board must submit an annual report to the County Executive, County Council, and Department on its activities, findings, and recommendations.

  (c)   Consideration of findings and recommendations.  The County Executive, County Council, and Department must give serious consideration to the findings and recommendations of the Board.

  (d)   Staff.  The Department must provide appropriate staff for the Board.

**Sec. 24-53. Reserved.**

### Article Vii. Victim Services Advisory Board.

**Sec. 24-54. “Board” defined.**

  In this article, “Board” means the Victim Services Advisory Board.

**Sec. 24-55. Established.**

  Under Part III of Title 8 of the Health General Article of the Maryland Code, this Article establishes the board.

**Sec. 24-56. Membership.**

  (a)   The Board is appointed by the County executive, subject to confirmation by the County Council.

  (b)   The Board consists of:

    (1)   Nineteen voting members who are residents of Montgomery County, of whom:

      (A)   Five are from among the mental health, legal, medical, dental, and nursing professions;

      (B)   Ten may be members of the listed professions but represent the community as a whole; and

      (C)   One should be a member of the clergy; and

    (2)   Four nonvoting ex officio members, of whom:

      (A)   One is the Director of the Department of Health and Human Services;

      (B)   One is a representative of the State’s Attorney;

      (C)   One is a representative of the Public Defender; and

      (D)   One is a representative of the Police Department.

  (c)   The Board must elect a chairman from among its members:

    (1)   Whose term is one year; and

    (2)   Who may be reelected.

  (d)

    (1)   The term of an appointed member is 3 years.

    (2)   A member ordinarily serves no more than 2 terms.

    (3)   The terms of appointed members are staggered.

    (4)   At the end of a term, an appointed member continues to serve until a successor is appointed and qualifies.

    (5)   A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.

  (e)   If a vacancy occurs, the County Executive must appoint a successor, subject to confirmation by the County Council, within 60 days of the vacancy.

**Sec. 24-57. Meetings.**

  (a)   The Board must meet at least quarterly.  Once a year, the chairman must set a meeting schedule for the coming year with the consent of the Board.

  (b)   A meeting of the Board may also be convened at the request of two-thirds of the members of the Board.

  (c)   A majority of the members of the Board constitutes a quorum for the transaction of business.

  (d)   A majority vote of those present is sufficient for any action taken by the Board.

**Sec. 24-58. Compensation.**

  Members do not receive compensation for serving on the Board.

**Sec. 24-59. Duties of the Board.**

  (a)   With the advice and assistance of the Department of Health and Human Services, the Board must:

    (1)   Periodically review available services and facilities for victims and their families;

    (2)   Determine the needs of the victim and family services program;

    (3)   Each year, submit at least one report to the County Executive and the County Council on the progress of programs to victims and their families and of actions needed to improve those programs;

    (4)   Make recommendations for appropriate allocation of funds in accordance with agreed upon priorities and consideration of financial resources;

    (5)   Assist the Director of the Department in the development of the annual victim services and families plan;

    (6)   Provide input to the Governor’s victim services program;

    (7)   Act as a local advocate for victim services programming; and

    (8)   Facilitate communication with the Alcohol and Other Drug Addiction Advisory Council and the Mental Health Advisory Committee by sharing minutes with those committees.

  (b)   The Board may:

    (1)   Review and comment on all local new and renewal State grant applications;

    (2)   Review and comment on all local federal grant applications for victims service and family programs;

    (3)   Participate in program evaluations; and

    (4)   Review the State program services plan.

**Sec. 24-60. Advocacy.**

  The Board must not engage in any advocacy activity at the State or federal levels unless that activity is approved by the Office of Intergovernmental Relations.

**Sec. 24-60A. Staff support.**

  The Director of the Department of Health and Human Services must:

  (1)   Provide staff services and administrative support to the Board; and

  (2)   Facilitate in every way possible the work of the Board.

### Article Viii. Commission on Veterans Affairs.

**Sec. 24-61. Commission on Veterans Affairs.**

  (a)   Definition.  In this Section “Commission” means the Commission on Veterans Affairs.

  (b)   Established.  The County Executive must appoint, subject to confirmation by the Council, a Commission on Veterans Affairs.

  (c)   Composition; Term.

    (1)   The Commission has 16 voting members.

    (2)   The Executive should appoint 9 members who are veterans and may be a member of a veterans group, such as:

      (A)   Vietnam Veterans of America;

      (B)   American Veterans (AMVETS);

      (C)   Disabled American Veterans;

      (D)   Veterans of Foreign Wars;

      (E)   Women Veterans of America;

      (F)   American Legion; or

      (G)   Military Order of the Purple Heart.

    (3)   The Executive must appoint 4 members to represent the general public.

    (4)   The Executive must designate the following ex officio members:

      (A)   the Director of the Department of Health and Human Services, or the Director’s designee;

      (B)   the County Executive or the Executive’s designee; and

      (C)   the President of Montgomery College or the President’s designee.

    (5)   The Executive must invite a representative of the County’s Congressional delegation who is either a member of the delegation or an individual designated to represent the delegation to be a non-voting member of the Commission.

    (6)   The Executive must appoint a member of the Commission on People with Disabilities as a non-voting member.

    (7)   The term of each member is 3 years.

    (8)   The Executive must designate a chair and a vice-chair from among the Commission’s members.

    (9)   After an appointment to fill a vacancy before a term expires, the successor serves the rest of the unexpired term.

  (d)   Duties.  The Commission should:

    (1)   research, assemble, analyze and disseminate information and educational materials relating to activities and programs that will assist in meeting the needs of veterans and their families;

    (2)   institute and conduct educational and other programs, meetings, and conferences to promote the rights and opportunities for veterans;

    (3)   advise the Executive and the Council on the status of programs and services in the State and County related to the needs of veterans and their families; and

    (4)   assist in planning appropriate public acknowledgment of the contributions made by veterans and assist in planning commemoration activities recognizing the contributions made by veterans.

  (e)   Staff support.  The Department of Health and Human Services must provide staff support to the Commission.

  (f)   Meetings.  The Commission meets at the call of the Chair.  The Commission must meet as often as necessary to perform its duties, but not less than 9 times each year.

  (g)   Compensation.  A member must serve without compensation.  However, a member may request reimbursement for mileage and dependent care costs at rates established by the County.

  (h)   Annual Report.  By October 1 each year, the Commission must submit to the Executive and Council, and any other appropriate agency, an annual report on its functions, activities, and accomplishments.

  (i)   Advocacy.  The Commission must not engage in any advocacy activity at the state or federal levels unless that activity is approved by the Office of Intergovernmental Relations.

### Article Ix. Interagency Commission on Homelessness.

**Sec. 24-62. Legislative findings and statement of policy.**

  (a)   The County has a goal to ensure that everyone has a home in the County, and that homelessness will be rare, brief, and non-recurring. In order to achieve this goal, the County will:

    (1)   end homelessness among veterans;

    (2)   end homelessness among chronically homeless individuals;

    (3)   end homelessness among families with children;

    (4)   end homelessness among unaccompanied youth;

    (5)   end homelessness among seniors; and

    (6)   end homelessness among all individuals in the County.

  (b)   The County Council finds that ending and preventing homelessness require substantial coordination and cooperation among federal, state, and local governments, as well as private sector service providers and community organizations.

  (c)   Montgomery County Continuum of Care is a group of governmental entities and community representatives that carries out the responsibilities of the Continuum of Care program established pursuant to the federal Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009 (the HEARTH Act).

  (d)   The County Council intends that the Interagency Commission on Homelessness established under this Article be constituted and function in such a manner that it may serve as the governing board of Montgomery County Continuum of Care, and in serving this function comply with applicable federal regulations governing the Continuum of Care program.

**Sec. 24-63. Definitions.**

  When used in this Article:

  Commission means the Interagency Commission on Homelessness.

  Continuum of Care means a community program, established under the HEARTH Act, to organize and deliver housing and services to meet the specific needs of people who are homeless as they move to stable housing and maximum self-sufficiency.

  End homelessness or ending homelessness means:

    (1)   reaching functional zero for an identified type of homelessness; and

    (2)   having systems in place adequate to house all individuals entering homelessness during a specific time period.

  Housing First Initiative means a public policy approach to homeless assistance that:

    (1)   prioritizes providing permanent housing to people experiencing homelessness;

    (2)   reduces barriers to accessing housing and other key services; and

    (3)   is guided by the theories that:

      (A)   people need basic necessities like food and housing before attending to other needs, such as employment, budgeting, or substance abuse treatment;

      (B)   client choice is valuable in housing selection and supportive service participation; and

      (C)   exercising a choice in housing is likely to make a client more successful in remaining housed and improving the client’s life.

**Sec. 24-64. Established.**

  The Executive must appoint, subject to confirmation by the Council, an Interagency Commission on Homelessness.

**Sec. 24-65. Members.**

  (a)   The Commission has 25 members.

  (b)   The Executive must appoint the following to serve as ex officio members:

    (1)   Director of the Department of Health and Human Services or the Director’s designee;

    (2)   Chief of Services to End and Prevent Homelessness of the Department of Health and Human Services or the Chief’s designee;

    (3)   Director of the Department of Housing and Community Affairs or the Director’s designee; and

    (4)   A representative from the Office of the County Executive.

  (c)   The Executive must invite the following to serve as ex officio members:

    (1)   A Councilmember or staff member of the County Council, selected by the Council President;

    (2)   Executive Director of the Housing Opportunities Commission or the Executive Director’s designee; and

    (3)   A member of the County Legislative Delegation selected jointly by the Chairs of the House and Senate Delegations.

  (d)   The Executive must appoint 4 members who are representatives of government agencies.

  (e)   The Executive must appoint 4 members who are representatives of homeless service organizations that:

    (1)   prevent homelessness or assist homeless families, single adults, or youth; or

    (2)   help households to exit homelessness and maintain stable, permanent housing.

  (f)   The Executive must appoint 4 members who are representatives of private organizations that provide behavioral health, children and family services, healthcare, domestic violence services, aging and senior services, disability services, or veterans’ services.

  (g)   The Executive must appoint:

    (1)   At least 1 member who is a homeless or formerly homeless resident of Montgomery County;

    (2)   at least 1 member who is a representative of a hospital or other other healthcare provider located in Montgomery County;

    (3)   at least 1 member who is a representative of a private philanthropic organization or foundation; and

    (4)   at least 1 member who is a representative of an affordable housing developer.

  (h)   The Executive must appoint 2 members of the general public who are residents of the County.

  (i)   The term of each non-ex officio member is 3 years.  If a member is appointed to fill a vacancy before a term expires, the successor serves the rest of the unexpired term.

  (j)   Recommendations by the Commission.

    (1)   The Commission may recommend to the Executive persons to serve on the Commission under subsections (d), (e), and (f).

    (2)   The Executive should appoint members under subsections (d), (e), and (f) from among the persons recommended by the Commission.

**Sec. 24-66. Voting, officers, chairs, meetings, compensation; committees.**

  (a)   Each member of the Commission is a voting member.

  (b)   The Commission must elect a Chair and Vice Chair from among its members.

  (c)   The Commission must meet at least 4 times each year.

  (d)   A majority of the members of the Commission constitutes a quorum for the transaction of business.

  (e)   A member serves without compensation. However, a member may request reimbursement for mileage and dependent care costs at rates established by the County.

  (f)   The Commission may establish 1 or more committees to assist in carrying out any function of the Commission.  Any committee action is not the action of the Commission and must not bind the Commission or its members.  A committee may consult a person who is not a member of the Commission.

  (g)   The Commission must establish a governance committee to ensure effective coordination of the Continuum of Care.  The governance committee must:

    (1)   be co-chaired by the Chair of the Commission and the member appointed under Section 24-65(b)(2); and

    (2)   include the member appointed under Section 24-65(b)(3) and a representative of each committee established under subsection (f).

**Sec. 24-67. Duties.**

  The Commission must:

  (a)   promote a community-wide goal to end and prevent homelessness;

  (b)   develop a strategic plan to prevent and end homelessness and minimize the trauma and dislocation caused to homeless families and individuals;

  (c)   review and monitor any program that is a component of the Continuum of Care and Housing First Initiative, including:

    (1)   permanent housing, including permanent supportive housing and rapid re-housing;

    (2)   transitional housing;

    (3)   supportive services;

    (4)   homeless management information system;

    (5)   homelessness prevention;

    (6)   emergency shelter; and

    (7)   outreach;

  (d)   recommend to the Executive and Council any improvements to local policies to end and prevent homelessness;

  (e)   educate the community about homelessness, best practices to end and prevent homelessness, resources needed to end and prevent homelessness, and long term savings that are achieved by providing permanent stable housing;

  (f)   recommend and promote partnerships with any private organization, business, corporation, philanthropic organization or foundation, and any municipal, state, or federal government agency to improve the County’s ability to prevent and end homelessness; and

  (g)   establish procedures for the effective coordination of the Continuum of Care.

**Sec. 24-68. Annual report.**

  By November 30 of each year, the Commission must submit to the Executive and Council a report that:

  (a)   provides data and trends regarding homelessness, including data from the Council of Government’s Point-in-Time survey;

  (b)   identifies gaps in the Continuum of Care that prevent or impede the County’s ability to address needs identified through the review of data on homelessness;

  (c)   makes recommendations for the capital and operating budget;

  (d)   makes recommendations for any legislative or regulatory changes needed to implement the Continuum of Care strategic plan; and

  (e)   reports on any educational or public outreach activities undertaken during the preceding year.

**Sec. 24-69. Advocacy.**

  The Commission must not engage in any legislative advocacy at the state or federal levels unless that activity is approved by the Office of Intergovernmental Relations.

**Sec. 24-70. Staff.**

  The Chief Administrative Officer must provide appropriate staff within the Department of Health and Human Services to staff the Commission.

### Article X. Intellectual and Developmental Disabilities Commission.

**Sec. 24-71. Definitions and Policy Statement.**

  (a)   Definitions. The following terms have the meanings indicated.

    Commission means the Intellectual and Developmental Disabilities Commission established under this Article.

    Intellectual and developmental disabilities or IDD means a severe, chronic disability of an individual that:

    (1)   is attributable to a mental or physical impairment or combination of mental and physical impairments;

    (2)   is manifested before the individual attains age 22;

    (3)   is likely to continue indefinitely;

    (4)   reflects the individual’s need for a combination and sequence of special, interdisciplinary, or generic services, individualized supports, or other forms of assistance that are of lifelong or extended duration and are individually planned and coordinated; and

    (5)   results in the substantial functional limitations in 3 or more of the following areas of major life activity:

      (A)   self-care;

      (B)   receptive and expressive language;

      (C)   learning;

      (D)   mobility;

      (E)   self-direction;

      (F)   capacity for independent living; and

      (G)   economic self-sufficiency.

  (b)   Policy statement.

    (1)   Montgomery County is committed to creating an inclusive community for people with IDD so that they are afforded every opportunity to live a life of their choosing with the supports needed to participate fully in the life of the County.

    (2)   It is the public policy of the County to:

      (A)   promote and initiate ongoing community input to support the needs of individuals with intellectual and developmental disabilities;

      (B)   improve communication about programs and services among those with IDD and their families, advocates, support staff, public and private agencies, and the general public;

      (C)   identify service needs and inform decisions on services for individuals with intellectual and developmental disabilities; and

      (D)   work towards improving accessibility to services for individuals with intellectual and developmental disabilities.

**Sec. 24-72. Commission established.**

  There is an Intellectual and Developmental Disabilities Commission.

**Sec. 24-73. Membership; appointment; terms.**

  (a)   The Commission consists of 19 voting members and 6 non-voting members.

  (b)   The voting members are appointed by the County Executive, subject to Council confirmation, and must include:

    (1)   2 individuals with IDD;

    (2)   9 family members, guardians, or support staff of individuals with IDD;

    (3)   7 individuals representing service providers or advocacy organizations that support individuals with IDD; and

    (4)   1 member of the Commission on People with Disabilities.

  (c)   The non-voting members are designees of the following agencies:

    (1)   Department of Health and Human Services;

    (2)   Department of Recreation;

    (3)   Montgomery County Public Schools;

    (4)   Montgomery College;

    (5)   WorkSource Montgomery; and

    (6)   Maryland Developmental Disabilities Administration.

**Sec. 24-74. Duties.**

  The Commission must:

  (a)   promote direct communication among families, support staff, private and public organizations, and the general public regarding programs and services for individuals with intellectual and developmental disabilities;

  (b)   institute and conduct educational and other programs, meetings, and conferences to promote the welfare of individuals with intellectual and developmental disabilities;

  (c)   cooperate with public and private agencies, departments, and organizations that provide services and programs for individuals with intellectual and developmental disabilities;

  (d)   advise the County Council and the County Executive on matters involving the needs of individuals with intellectual and developmental disabilities;

  (e)   review and report on current gaps in services, including issues of childcare, education, discrimination, transition to adult services, resource coordination, housing, transportation, employment, health care, recreation, and recruitment of providers and direct support staff;

  (f)   prepare recommendations on best practices, innovations in service areas, and information on costs associated with recommended programs and services for individuals with IDD;

  (g)   work with key organizations at the county and state level to best advance the needs of County residents with IDD; and

  (h)   advocate at the local, state, and federal levels to advance the needs of individuals with IDD.

**Sec. 24-75. Meetings; officers; compensation; reports.**

  (a)   Meetings. The Commission must meet at the call of the Commission Chair and at least 6 times annually.

  (b)   Quorum. A majority of the voting members of the Commission constitutes a quorum for the transaction of business.

  (c)   Officers. The Commission must elect from among its voting members a Chair, Vice-Chair, Secretary, and other officers it deems appropriate.

  (d)   Compensation. A member must serve without compensation, but the member may request reimbursement for mileage and dependent care costs at rates established by the County.

  (e)   Annual report. The Commission must submit annually a report to the County Executive and County Council summarizing its activities, needs, recommendations and the degree to which the goals of the Commission are being met.

**Sec. 24-76. Staff support.**

  The Department of Health and Human Services must provide the staff support, including administrative and programmatic support, necessary for the Commission to perform its duties.

### Article Xi. Montgomery County Community Reinvestment and Repair Fund Commission.

**Sec. 24-77. Definitions.**

  In this Article, the following terms have the meanings indicated.

    Cannabis has the meaning stated in Section 1-101 of the Alcoholic Beverages and Cannabis Article of the Maryland Code, as amended.

    Commission means the Montgomery County Community Reinvestment and Repair Fund Commission established under this Article.

    Community-based organization means a public or private company, corporation, limited liability company, neighborhood group, organization, or partnership that provides education, vocational education or rehabilitation, job training, health, social services, or economic uplift to individuals in the County.

    County reinvestment funds mean monies disbursed to the County from the State Fund.

    Department means the Department of Health and Human Services.

    Director means the Director of the Department, or a designee of the Director.

    Disproportionately impacted area has the meaning stated in Section 36-101 of the Alcoholic Beverages and Cannabis Article of the Maryland Code, as amended.

    Office means the Office of Grants Management.

    State Fund or Fund means the Community Reinvestment and Repair Fund of the State of Maryland.

**Sec. 24-78. Use of funds.**

  (a)   The County must use County reinvestment funds solely for:

    (1)   community-based initiatives intended to benefit low-income communities;

    (2)   community-based initiatives that serve disproportionately impacted areas;

    (3)   any other use permitted under Section 1-322 of the Alcohol Beverages and Cannabis Article of the Maryland Code, as amended; and

    (4)   related administrative expenses.

  (b)   The County must not use reinvestment funds for law enforcement agencies or activities.

**Sec. 24-79. Commission established.**

  There is a Montgomery County Community Reinvestment and Repair Fund Commission.

**Sec. 24-80. Membership.**

  (a)   The Commission consists of 13 voting members and one non-voting ex-officio member.

  (b)   The voting members are appointed by the County Executive, subject to Council confirmation, and must include:

    (1)   11 County residents with demonstrated knowledge under subsection (d);

    (2)   at least one member who represents a service provider for incarcerated persons or persons with a criminal record; and

    (3)   at least one member who was incarcerated or has a criminal history.

  (c)   Members appointed under paragraph (1) of subsection (b) may include individuals with demonstrated experience in:

    (1)   youth engagement and education programs;

    (2)   jobs training and placement programs for marginalized individuals;

    (3)   housing services and unhoused prevention services; and

    (4)   economic development or entrepreneurship benefitting low-income communities or disproportionately impacted areas.

  (d)   Ex-officio member. The Director is a non-voting, ex-officio member of the Commission.

  (e)   Application. An individual wishing to serve on the Commission must submit an application to the County Executive and the Council describing the individual’s demonstrated knowledge, through education, training, or work or personal experience, of one or more of the following:

    (1)   the history of the resistance of people of African descent to white supremacy, enslavement, Jim Crow laws, and other examples of racial violence and discrimination;

    (2)   the history of the resistance of racial, ethnic, and other minority groups against discrimination, violence, and inequality;

    (3)   the needs of individuals returning to the community after incarceration;

    (4)   the impact of the disproportionate enforcement of drug laws on the quality of life experienced by racial and ethnic minorities, especially people of African descent, including specialization in:

      (A)   the disruption of families;

      (B)   exposure to the prison system;

      (C)   trauma experienced as a result of community and police violence; or

      (D)   another similar factor contributing to quality of life; and

    (5)   methods for delivering community investment that empower marginalized people to have a voice in the distribution of resources.

**Sec. 24-81. Duties.**

  (a)   The Office, after consultation with the Commission, must develop and administer a public process for community-based organizations to apply for grants that support:

    (1)   community-based initiatives intended to benefit low-income communities; and

    (2)   community-based initiatives that serve disproportionately impacted areas.

  (b)   The Commission annually must recommend to the Office grant awards to the selected community-based organizations from County reinvestment funds, subject to:

    (1)   the appropriation of funds; and

    (2)   the execution of grant agreements between the County and the awardees.

  (c)   The Commission may submit to the County Executive and the County Council recommendations regarding:

    (1)   existing or potential County programs related to community-based initiatives intended to benefit low-income communities or to serve disproportionately impacted areas;

    (2)   existing or potential County programs to repair damage done to communities that have been the most impacted by disproportionate enforcement of the cannabis prohibition before July 1, 2022; and

    (3)   changes to County law or regulation related to community-based initiatives or reparations intended to benefit low-income communities or to serve disproportionately impacted areas.

**Sec. 24-82. Meetings; officers; compensation.**

  (a)   Meetings. The Commission must meet at the call of the Commission chair and at least 6 times annually.

  (b)   Quorum. A majority of the voting members of the Commission constitutes a quorum for the transaction of business.

  (c)   Officers. The Commission must elect from among its voting members a chair, vice-chair, and other officers it deems appropriate.

  (d)   Stipend and reimbursement.

    (1)   A member must receive an annual stipend of $1,000 from the County, subject to appropriation and the availability of County reinvestment funds.

    (2)   A member may receive reimbursement for travel and dependent care under Section 2-145.

**Sec. 24-83. Role of the department.**

  The Department must:

  (a)   provide the staff support, including administrative and programmatic support, necessary for the Commission to perform its duties; and

  (b)   monitor and administer the grants awarded under Section 24-81.