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Statutes Text

Article - General Provisions




§5–842.

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

    (b)    (1)    (i)    “Applicant” means an individual or a business entity that is:

                1.    a title owner or contract purchaser of land that is the subject of an application;

                2.    a trustee who has an interest in land that is the subject of an application, excluding a trustee described in a mortgage or deed of trust; or

                3.    a holder of at least a 5% interest in a business entity who has an interest in land that is the subject of an application.

            (ii)    “Applicant” includes, if the applicant is a corporation, the directors and officers of the corporation that actually holds title to the land, or is a contract purchaser of the land, that is the subject of an application.

        (2)    “Applicant” does not include:

            (i)    a financial institution that has loaned money or extended financing for the acquisition, development, or construction or improvements on the land that is the subject of an application;

            (ii)    a municipal corporation or public corporation;

            (iii)    a public authority;

            (iv)    a public service company acting within the scope of Division I of the Public Utilities Article; or

            (v)    a person who is hired or retained as an accountant, an attorney, an architect, an engineer, a land use consultant, an economic consultant, a real estate agent, a real estate broker, a traffic consultant, or a traffic engineer.

    (c)    “Application” means an application for a local map amendment, including a reclassification.

    (d)    “Business entity” means:

        (1)    a corporation;

        (2)    a general partnership;

        (3)    a joint venture;

        (4)    a limited liability company;

        (5)    a limited partnership; or

        (6)    a sole proprietorship.

    (e)    “Candidate” means an individual who wins an election to the Office of County Executive or County Council of Montgomery County.

    (f)    (1)    (i)    “Contribution” means:

                1.    a payment or transfer of money or property of $500 or more, calculated cumulatively during a 4–year election cycle, to the treasurer of either a candidate or a political committee; or

                2.    the incurring of any liability or promise of anything of value of $500 or more, calculated cumulatively during a 4–year election cycle, to the treasurer of either a candidate or a political committee.

            (ii)    “Contribution” includes a payment or transfer to a slate with which a candidate is associated.

        (2)    (i)    Except as provided in subparagraph (ii) of this paragraph, the $500 cumulative threshold contribution is calculated separately as to each candidate or elected official.

            (ii)    For purposes of this part, a cumulative contribution of $500 or more to a slate is fully attributed to each candidate on the slate.

    (g)    “Contributor” means an individual or business entity that makes a contribution.

    (h)    “Elected official” means an individual who holds the Office of County Executive or member of the County Council of Montgomery County.

    (i)    (1)    “Party of record” means an individual or a business entity that is granted standing to participate in a local map amendment proceeding by the County Council, sitting as the District Council, or its hearing examiner.

        (2)    “Party of record” does not include an attorney, a consultant, an employee, or any other agent of a party of record, including an authorized representative of a community association who is participating in a proceeding solely on behalf of the association.

    (j)    “Political action committee” means a political committee that is not:

        (1)    a political party;

        (2)    a central committee;

        (3)    a slate; or

        (4)    a political committee organized and operated by, and solely on behalf of, an individual running for an elective office or a slate.

    (k)    “Political committee” means any combination of two or more persons appointed by a candidate or any other person or formed in any other manner that assists or attempts to assist in any manner the promotion of the success or defeat of any candidate, candidates, political party, principle, or proposition submitted to a vote in any election.

    (l)    (1)    “Slate” means a political committee of two or more candidates who join together to conduct and pay for joint activities.

        (2)    “Slate” does not include a political party or a central committee.

    (m)    (1)    “Treasurer” has the meaning stated in § 1–101 of the Election Law Article.

        (2)    “Treasurer” includes a subtreasurer.