2870                            County Local Laws

been included therein, and if the person or circumstances to which
the act or any part thereof is inapplicable had been specifically
exempted therefrom.

Sec. 5. This Act shall take effect on the 76th day following
the date on which it becomes Law.

Effective: May 3, 1971

CHAPTER 44

(BILL NO. 67-70)

AN ACT to add new Section 2-22B to Chapter 2, Montgomery
County Code 1965, title "Administration," subtitle "Article
II. Powers of Council—Generally," to be subheaded "Same-Con-
tinuity of Government," to follow immediately after Section 2-
22A thereof, so as to provide for the assumption of the powers
and duties of elective and appointive public officials by emer-
gency interim successors during a proclaimed period of public
emergency; to provide for the recording and publication of des-
ignations of emergency interim successors; to provide for the
accomplishment of the formalities of the assumption of powers
and duties in the case of such emergency interim successors;
and to provide for the suspension of certain provisions of the
Charter of Montgomery County in accordance with Section 501
thereof.

Be It Enacted by the County Council for Montgomery County,
Maryland, that—

Sec. 1. Section 2-22B, title "Same-Continuity of Government,"
be and it is hereby added to Chapter 2, title "Administration," of the
Montgomery County Code 1965, to follow immediately after Section
2-22A thereof, and to read as follows:

2-22B. Same—Continuity of Government,
(a) Definitions.

1. "Unavailable" shall mean either that a vacancy in office
exists and there is no deputy authorized to exercise all of the powers
and discharge the duties of the office, or that the local incumbent
of the office and his duly authorized deputy or deputies are absent
or unable, for physical, mental, or legal reasons, to exercise the
powers and discharge the duties of the office; except that no member
of the County Council shall be "unavailable" until declared to be
"unavailable" by a resolution of the County Council passed by a
majority of the Council members present and voting.

2. "Public emergency" is as defined in Section 2-22A (a) 1.