268                                      LAWS OF MARYLAND                              Ch. 188

CHAPTER 188
(House Bill 1476)

AN ACT to add new Section 10B to Article 77A of the Annotated Code of
Maryland (1969 Replacement Volume and 1972 Supplement), title "Higher
Education," subtitle "Community Colleges," to follow immediately after
Section 10A thereof, to provide that prior to the acquisition of real property for
the use and operation of a community college in Montgomery County, the
Board of Trustees of the College shall obtain site recommendations from the
commission or agency having legal responsibility for county planning for land
use, shall select a site from among the commission's recommendations and shall
obtain approval of the site from the County Council for Montgomery County.

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That new Section 10B be and it is hereby added to Article 77A of
the Annotated Code of Maryland (1969 Replacement Volume and 1972
Supplement), title "Higher Education," subtitle "Community Colleges," to follow
immediately after Section 10A thereof, and to read as follows:

10B.

(A)  PRIOR TO THE ACQUISITION OF REAL PROPERTY FOR THE
USE AND OPERATION OF A COMMUNITY COLLEGE IN
MONTGOMERY COUNTY, THE BOARD OF TRUSTEES OF THE
COMMUNITY COLLEGE SHALL REQUEST IN WRITING FROM THE
COMMISSION OR AGENCY HAVING LEGAL RESPONSIBILITY FOR
COUNTY PLANNING FOR LAND USE THE COMMISSIONS
CONFIDENTIAL RECOMMENDATIONS AS TO SITES APPROPRIATE
FOR THE ACQUISITION WHICH MEET THE COLLEGE'S REQUESTS
AND STATE REGULATIONS AS WELL AS CONFORMING AS FAR AS
PRACTICABLE TO DEVELOPMENT PLANS FOR LAND USE IN THE
COUNTY. IN ITS REQUEST, THE BOARD SHALL DESIGNATE FOR
THE COMMISSION ANY SITES WHICH THE BOARD MAY HAVE
UNDER TENTATIVE CONSIDERATION; PROVIDED HOWEVER, THAT
THE COMMISSION SHALL NOT BE LIMITED IN ITS
RECOMMENDATIONS TO THE SITES DESIGNATED BY THE BOARD.
THE COMMISSION'S RECOMMENDATIONS TO ALL DESIGNATED
SITES SHALL BE MADE IN WRITING TO THE BOARD WITHIN 45
DAYS FOLLOWING RECEIPT OF THE INITIAL REQUEST FROM THE
BOARD.

(B)  UPON RECEIPT OF THE SITE RECOMMENDATIONS FROM THE
COMMISSION, THE BOARD SHALL RANK SUITABLE SITES AND
SELECT THE SITE WHICH IT FEELS IS MOST SUITABLE FOR ITS
INTENDED PURPOSE FROM AMONG THE COMMISSION'S
RECOMMENDATIONS. IF A SELECTION IS MADE, THE BOARD
SHALL FORWARD IT TOGETHER WITH THE OTHER
RECOMMENDATIONS MADE BY THE COMMISSION TO THE COUNTY
COUNCIL FOR MONTGOMERY COUNTY PRIOR TO SITE
ACQUISITION. WITHIN 45 DAYS AFTER RECEIPT OF THE BOARD'S
SELECTION THE COUNCIL SHALL EITHER APPROVE OR
DISAPPROVE THE BOARD'S SELECTION AND, IF DISAPPROVED, THE
COUNCIL SHALL INDICATE TO THE BOARD IN WRITING THE
REASONS FOR THIS DISAPPROVAL. IN THE EVENT OF
DISAPPROVAL BY THE COUNCIL, THE BOARD SHALL SELECT A
NEW SITE FROM AMONG THOSE CONSIDERED BY THE
COMMISSION. WHEN A NEW SELECTION IS MADE IT SHALL BE