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forgive the rest. MAR and the land title industry in Maryland will be seeking legislation to require one rule that buyers only pay half of these taxes rather than picking up the seller’s half as well.
Montgomery County Legislation The Council Session began on Thursday, September 13, 2011 and reconvened on January 17, 2012. The Council sessions are available via streaming through the County Web site at www.montgomerycountymd.gov. Zoning Text Amendment 11-08, Residential Zones—Accessory Commercial Kitchens Summary: An amendment to the Montgomery County Zoning Ordinance to: - Define a commercial kitchen; and - Add accessory commercial kitchen as a permitted land use in certain residential zones under certain circumstances. Zoning Text Amendment 11-06, Fenton Village Overlay Zone -Building Height Summary: An amendment to the Montgomery County Zoning Ordinance to: - modify building heights in the Fenton Village Overlay zone and the adjacent CBD-0.5 zone - generally amend the provision for building heights in the Fenton Village Overlay Subdivision Regulation Amendment (SRA) 11-02; Minor Subdivisions Summary: SRA 11-02 would allow a parcel to be combined with a building lot under the minor subdivision process, under certain circumstances. Bi11 39-11, Taxation Development Impact Tax –Exemptions Summary: Bill 39-11 would exempt the market-rate dwelling units in any development which consists of at least 25% affordable housing units from the transportation and school development impact taxes. For additional information please contact Meredith Weisel, Esq. at meredith@wgrelations.com or Katalin Peter, Esq. at kpeter@gcaar.com.
DC Public Policy Update For additional information, please contact Ed Krauze, Esq. at ekrauze@gcaar.com or Katalin Peter, Esq. at kpeter@gcaar.com. WDCAR SPEAKER SERIES – Upcoming Budget Issues WDCAR held its first 2012 “WDCAR Speaker Series” with Deputy Chief and Director of the Mayor’s Office of Budget and Finance, Eric Goulet, regarding the District budget. Budget Director Goulet spoke in great detail about the District’s current budget situation and challenges ahead. Members were able to ask a wide variety of in-depth budget questions affecting the District and our industry. Key dates are for the Budget are as follows: • March 23: Mayor Gray’s proposed FY13 budget transmitted to the Council • April 30: Council committees begin to Mark-up Budget • May 15: Council vote on Budget Request Act and Budget Support Act • June 5: Second vote on the Budget Support Act
2012 January - February
Legislation Passed or Moving
Legislation not passed at time of publication may be subject to amendments. B19-8, “Delinquent Debt Recovery Act of 2011” Initially, this bill focused on centralizing the collection of delinquent debts owed to the District within the Central Collection Unit of the CFO, Office of Finance and Treasury. Unfortunately, during the course of the debate of introducer Councilmember Mary Cheh’s (D-Ward 3) mark-up and the subsequent passing at first reading on December 6, 2011, the bill established a lien for the payment of delinquent debts on REAL PROPERTY. Councilmember Cheh’s bill not only tried to attach this lien in the District, but jurisdictions outside the District as well. WDCAR immediately voiced concerns to Councilmember Cheh’s office and has been working with her staff, the attorneys on GCAAR’s Contracts and Clause Committee, as well as the Washington Land Title Association to address the issues related to REAL PROPERTY. Additionally, WDCAR sent a letter in opposition to the bill to each Councilmember. Bill 19-16, “Winter Sidewalk Safety Amendment Act of 2011” Proposes separate penalty schedules for residential and commercial property owners. Commercial property owners will be subject to the following fine schedule: (1) $125 for the first offense; (2) $250 for the second offense; and (3) $500 for each subsequent offense. A similar schedule will apply to residential property owners who will face fines ranging from $25 to $100. All property owners will receive a warning prior to being fined. Additionally, in order to afford property owners adequate time to clear any snow and ice, the District cannot fine owners more than once per day. Bill 19-511, “Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Amendment Act of 2011” – Passed Final Vote/Reading December 20, 2011 Legislation introduced by Councilmember Muriel Bowser (D-Ward 4), which consolidates the 14 or more pieces of ethics legislation introduced last year. Most notably, it bars felons from serving on the Council or as Mayor, establishes a three-member panel Board of Ethics and Government that can issue fines, and empowers the Attorney General to prosecute elected officials accused of ethical misconduct. The bill also bolsters financial disclosure and conflict of interest laws, in addition to creating an independent commission that will be empowered to enforce a toughened code of conduct for elected officials and public employees. B19-656, “Medical Marijuana Cultivation Center & Dispensary Locations Temporary Act” Passed final vote/reading Feb. 7, 2012 Legislation that would limit the amount of Medical Marijuana and Cultivation Centers and Dispensaries in each Ward of the District. No more than 6 cultivation centers may operate in a particular ward, and no more than one dispensary may be registered to operate in any ward in which 5 cultivation centers have been registered to operate. B19-514, “The Neighborhood Spillover Parking Prevention Act of 2011” To give the Mayor authority to grant a property owner’s request to make a property ineligible for residential parking permits when a property does not have any residents at the time of the a request. B19-568, “The Pedestrian Protection Amendment Act of 2011 To require vehicles to stop before passing through a crosswalk when a vehicle in the next lane is stopped. B19-571, “The Pedestrian Safe Streets Speed Limit Amendment Act” To improve pedestrian safety and safe walking routes for seniors, children, and families by reducing the speed limit on local residential streets to fifteen miles per hour; and to amend Chapter 22 of Title 18 of the District of Columbia Municipal Regulations to reduce the speed continued on page 16
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