Contact: Valerie Connelly or Kurt Fuchs
(410) 269-0656        (410) 269-0081 – fax

No. 6  2/23/06  

Bills of interest to Farm Bureau scheduled for hearing next week: 

 H.B. 260 – Utility Consumer Protection Act of 2006 – Delegate Weldon
ECONOMIC MATTERS, 230 New House Office Building, at 1pm
This bill requires utility companies to notify all owners of land that is wholly or partially within 2500 feet of a proposed line or transmission device within 30 days of filing a petition with the Public Service Commission.  Current law requires notification 30 days prior to a hearing and is not as specific about which landowners are entitled to notification by certified mail.  MARYLAND FARM BUREAU SUPPORTS H.B. 260.

H.B. 1083 - Corporations and Associations - Filing Fees - Family Farms – Delegate Bates
ECONOMIC MATTERS, 250 New House Office Building. at 1pm
This bill lowers the Annual Report filing fee from $300 to $100 per year for a family farm corporation that is required to file with the Department of Assessment and Taxation annually.  It is estimated that this will impact about 1000 entities statewide and could save farm businesses an overall of $200,000 per year.  MARYLAND FARM BUREAU SUPPORTS H.B. 1083.

S.B. 521 – Natural Resources – Hunting Via an Internet Connection – Prohibition – Senator Astle
ED., HEALTH AND ENVIRON. AFFAIRS,  2 West Miller, at 1pm
This bill would prohibit the killing of an animal within Maryland by using a device controlled via the internet and prohibit those activities which would enable the killing of game via the internet.  Violators would be charged with a misdemeanor and subject to a fine not exceeding $10,000 and up to 1 year in prison.  They would also have their hunting license revoked and be denied the privilege of hunting in the state for 2-5 years.  MARYLAND FARM BUREAU SUPPORTS S.B. 521.

S.B. 589 – Environment – Judicial Review of Permits – Standing   – Senator Frosh
ED., HEALTH AND ENVIRON. AFFAIRS, 2 West Miller, at 1pm
This bill allows anyone who qualifies for standing under federal constitutional law or anyone who participates in a public hearing (live or by filing written comments) appeal the issuance of certain permits in Court.  The permits affected include those issued under Title 5 for appropriations or use of water, nontidal wetlands activities, Title 14 for gas & oil permits – including those issued for storage tanks, Title 15 for mines and mining and Title 16 for wetlands and riparian rights.  MARYLAND FARM BUREAU OPPOSES S.B. 589.

S.B. 663 – Natural Resources – Black Bear Hunt – Prohibition – Senator Grosfeld
ED., HEALTH AND ENVIRON. AFFAIRS, 2 West Miller, at 1pm
This bill prohibits an open season to hunt bear in Maryland.  It also prohibits DNR from reducing the population of black bear in any area of the state except (1) in defense of a person, the person’s property or domesticated animals; and (2) after exhausting all nonlethal methods of resolving chronic documented agricultural damage or depredation caused by the black bear. This bill was introduced last year as H.B. 371.  It failed in House Committee.  MARYLAND FARM BUREAU OPPOSES S.B. 663.

S.B. 751–Chesapeake and Atlantic Coastal Bays Critical Area Protection Program–Critical Areas Commission–Authority – Senator Dyson
ED., HEALTH & ENVIRON. AFFAIRS, 2 West Miller, at 1pm
This bill would make several changes to the framework of the various county Critical Area Commission programs (Chesapeake and Atlantic Coastal Bays) in an effort to provide more leeway to the local programs in carrying out the provisions and intentions of the critical areas law and establishing new guidelines for locating new intensely developed or limited development areas. Program refinements and amendments can be used to address the needs of a specific project requiring growth allocations.  The definition of a “program amendment” would now include any change or proposed change that the Commission or the Chairman determines not to be a “program refinement.”  The definition of a “program refinement” would be broadened to include that which the Commission Chairman deems to not significantly affect the use of the land or water in the critical area.  A refinement could now also be a change that affects local processes or procedures, changes to a local ordinance or code clarifying an existing provision, or a minor change “clearly consistent” with the critical areas law and all of the criteria of the Commission.  The bill establishes new actions to be followed by the Commission concerning the proposal/passage/denial of a program amendment, especially as it relates to the local jurisdiction.  FOR INFORMATION ONLY

S.B. 766 – Hunting – Exemptions from License and Stamp Requirement – Senator Colburn
ED., HEALTH AND ENVIRON. AFFAIRS, 2 West Miller, at 1pm
This bill would define “child” as including a foster child, stepchild, grandchild, step grandchild, and foster grandchild of those individuals exempted from license and stamp requirements to hunt certain game in Maryland.  In order for the child to be exempt he/she must be 16 years old or younger and be eligible to purchase a Junior Hunting license.  MARYLAND FARM BUREAU SUPPORTS S.B. 766.

S.B. 705 – Vehicle Laws – Off-Highway Vehicles – Titling and Registration – Senator Stone
JUDICIAL PROCEEDINGS, 2 East Miller, Tuesday at 1pm
This bill establishes the Off-Highway Vehicle Fund within the Department of Natural Resources, an Off-Highway Vehicle Trails Advisory Committee, and registration requirements for Class O (off-highway) vehicles.  The money for the Fund will be generated from fees paid for the registration, minus the administrative costs incurred by the Motor Vehicle Administration and will be used to build and maintain trails for the use of off-highway vehicles.  The Advisory Committee is to act in an advisory capacity to the DNR and will consist of representatives from various off-road vehicle interest groups, as well as MFB.  The Committee will make recommendations on trail sites, site acquisition, construction, development, and maintenance, as well as other issues related to off-highway vehicles.  The bill defines an off-road vehicle as including ATVs, dirt-bikes, and snowmobiles.  ATVs owned by a farmer and used in the daily business of farming are exempt from registration requirements.  Off-highway vehicles purchased before October 1, 2005 must be registered by 2010 or the date on which the vehicle is transferred to a new owner.  Registration will be administered electronically and be effective for a period of two years.  There is provision in the bill requiring riders of off-highway vehicles to obtain written permission from private property owners and to carry it with them while on such property.  MARYLAND FARM BUREAU SUPPORTS S.B. 705.

S.B. 536/ H.B. 1239 – Annexation Planning and Procedures Act of 2006 – Senator Hollinger
ED., HEALTH AND ENVIRON. AFFAIRS, 2 West Miller, Wednesday at 1pm
ENVIRONMENTAL MATTERS, 250 NHOB, Thursday at 1pm
This bill establishes new procedures for municipal annexations.  The bill requires municipalities to request county governments to enter into a Joint Planning Agreement that outlines future growth plans.  The JPA request must include: a description of the municipalities past growth patterns; an analysis of lands available for development; a description of the relationship of the JPA to a long term development policy for promoting an orderly expansion of growth and an efficient use of land and public service; an analysis of the land area needed to satisfy demand for development densities consistent with the long term development policy; a proposal for growth boundary beyond the existing borders of the municipal corporation within which future annexations are planned; a description of the manner and timing by which the necessary public services and infrastructure will be provided to areas within the proposed growth boundary, including schools, libraries, public safety, water, sewerage, storm water management and recreation; a plan for protecting sensitive areas; an analysis of any burden on services and infrastructure for which the municipal corporation would be responsible for development; and a description of the long-term vision for the municipality.  After a JPA is adopted, any proposed annexation that is not in the designated growth area may be put to a referendum of voters at the request of municipal residents, the target annexation residents or residents who live within 1 mile of the proposed annexation.  MARYLAND FARM BUREAU SUPPORTS THE CONCEPT OF A JOINT PLANNING AGREEMENT BETWEEN COUNTY & MUNICIPAL GOVERNMENTS.

H.B. 465 – Howard County – Steel Jaw Leghold Trap – Prohibition Ho. Co. 7-06 – Howard Delegation
ENVIRONMENTAL MATTERS, 150 NHOB, Wednesday at 1pmThis bill prohibits the use of steel jaw leghold traps in Howard County.  The bill enacts legislation passed recently by the Howard County Council.  Under current law Anne Arundel, Baltimore, Montgomery and Prince George’s Counties prohibit the use of these traps.  There are exemptions for traps set on farmland by a farmer, his agent or tenant, lessee or family members who reside on the farm.  There are also exemptions for the Maryland Forest, Parks and Wildlife services and their agents for wildlife control efforts.  This bill was introduced last year as H.B. 258.  It failed in Senate Committee.  FOR INFORMATION ONLY

H.B. 617 – Natural Resources – Critical Areas – Growth Allocation – Queen Anne’s Co. Delegation
ENVIRONMENTAL MATTERS, 150 NHOB, Wednesday at 1pm
This bill would give a local Chesapeake Bay Critical Areas Commission or Atlantic Coastal Bays Critical Areas Commission the ability to reverse a local jurisdictions use of growth allocation designating a new intensely developed or limited development area.  This would be considered a “program refinement” and would only be possible if at least 3 years had lapsed since the allocation had been designated and development activity has not yet begun.  FOR INFORMATION ONLY

H.B. 699 – Agriculture – Preservation of Historic Structures – Delegate Stull
ENVIRONMENTAL MATTERS, 250 NHOB, Wednesday at 1pm
This bill creates the Maryland Advisory Committee on Historic Agricultural Structure Preservation and the Barn Preservation Fund.  The Advisory Committee will be chaired by the Secretary of Agriculture and will include representatives from the Dept. of Business and Economic Development, Department of Planning, MD Historic Trust and the MD Cooperative Extension.  The Governor will appoint 4 members as follows:  1 from the Grange, 1 from the Farm Bureau and 2 individuals who are actively engaged in agriculture.  The Advisory Committee will administer the Fund to preserve historic ag buildings.  Funds will have to be appropriated in the annual state budget.  Grant recipients and subsequent property owners must keep the buildings in the preserved state for 10 years.  Any dismantling will trigger repayment.  In recommending grants, the Advisory Committee shall consider any historic building features, important examples of historic agricultural building types, the productive long-term use of the property, important local landmarks, structures that are located on designated scenic and cultural byways and structures that accept a preservation easement.  MARYLAND FARM BUREAU SUPPORTS H.B. 699.

H.B. 829 - Maryland Agricultural Land Preservation Foundation - Use of Land for Existing Easements – Delegates Bates & Miller,  ENVIRONMENTAL MATTERS, 250 NHOB, Wed. at 1pm
This bill allows the original easement seller to trade in any unused children’s lots on MALPF protected land and get up to 6 unrestricted developable lots at a ratio of 1 lot per 50 acres.  MALPF estimates that this could create up to 1000 additional buildable lots on agricultural land protected by easement.  MALPF also estimates that this diminishes the state’s overall investment in ag easements by $100 million  MARYLAND FARM BUREAU OPPOSES H.B. 829.

H.B. 840 – Agriculture - Infectious and Contagious Diseases - Notice of Quarantine – Delegate Jennings
ENVIRONMENTAL MATTERS, 250 NHOB, Wednesday at 1pm
This bill mandates that MDA require any facility that is quarantined due to an animal health issue to post a sign in a conspicuous place on the premises.  The bill also requires the quarantined facility to provide timely and readable notice to any employee or agent of any agricultural organization or business entity that may enter the property.  Maryland Farm Bureau believes that MDA and the state Veterinarian have sufficient authority to order protective actions based on the type of health issue and the potential transmission to other entities.  FOR INFORMATION ONLY

H.B. 939 - Montgomery County - Deer Hunting on Private Lands - Sundays MC 602-06   -  Montgomery County Delegation, ENVIRONMENTAL MATTERS, 250 NHOB, Wed. at 1pm
This bill would add Montgomery County to the list of counties that allow the hunting of deer on Sunday.  The following counties currently allow deer hunting on the first Sunday of bow season and the first Sunday of the firearms season, Calvert, Caroline, Cecil, Charles, Dorchester, Kent, Queen Anne’s, St. Mary’s, Talbot, and Washington.  This bill would also require the Department of natural Resources to conduct a study by December 31, 2007 to verify the effects of Sunday hunting as a means of reducing the deer population and reducing the threat to public health and safety posed by an overpopulation of deer.  MARYLAND FARM BUREAU SUPPORTS H.B. 939 ON BEHALF OF MONTGOMERY COUNTY FARM BUREAU.

H.B. 953 - Property Tax - Real Property Assessment Notices - Record Cards and Assessment Work Sheets – Delegate McKee,
WAYS AND MEANS, 130 NHOB, Wednesday at 1pm
This bill requires the Department of Assessment and Taxation to include the assessment worksheet and record card with the notice of assessment increase that goes out to property owners.  The worksheet includes a full breakdown of each segment of the property and the buildings on the property and their assessed value.  It also indicates which portions are assessed at ag value and which portions are protected by the Homestead Tax Credit – which limits the amount of increase in value to about 10% per year.  Property owners who are interested in this information now have to go to the county assessor’s office or log onto a website.  MARYLAND FARM BUREAU SUPPORTS H.B. 953.

H.B. 969 - Real Property Assessment Notices - Homestead Property Tax Credit – Delegate Kach
WAYS AND MEANS, 130 NHOB, Wednesday at 1pm
This bill requires additional information concerning the Homestead Property Tax Credit be included on tax assessment notices sent to property owners in MD.  The Homestead Property Tax Credit caps the annual increase in taxable assessed value for homes and the 1 acre of property immediately surrounding the home if the owner resides there.  So, even if the assessed value of the house doubles in the three year cycle, the state and county can only raised the taxable value by about 10% per year.  (Most counties use 10%, some cap at 5 or 8%.)   The bill requires that a statement explaining the Homestead Property Tax Credit be included in the assessment notice as well as the cap in place in the county where the property is located. The statement would also have to include the potential taxable assessment value for each year in the 3-year cycle based on the cap in place at the time and the new assessed value.  MARYLAND FARM BUREAU SUPPORTS H.B. 969. 

H.B. 1407 - Washington County - Building Excise Tax – Washington Co. Delegation
WAYS AND MEANS, 130 NHOB, Wednesday at 1pm
This bill makes it so the current building excise tax as applicable to additions to nonresidential buildings will only apply to the portion of the building that exceeds the original square footage.  Currently the excise tax applied to nonresidential buildings in Washington County may not exceed $5 per square foot.  The bill also authorizes the County Commissioners to allow for individual exemptions for specified construction projects.   FOR INFORMATION ONLY

H.B. 1106 - Maryland Building Performance Standards - Exemption in Certain Counties for Agricultural Buildings Used for Tourism – Harford and Southern MD Delegations
ENVIRONMENTAL MATTERS, 250 NHOB, Thursday at 1pm
This bill would exempt Charles, Calvert, Harford, and St. Mary’s counties from the Maryland Building Performance Standards for the construction, modification, or alteration of agricultural buildings used for tourism.  The bill defines an agricultural building as a structure designed and constructed to house farm implements, hay, grain, poultry, livestock, or other horticultural products.  Any existing agricultural building used for tourism is not to be considered a “change of occupancy” that would requires a building permit, as long as the subordinate use is in accordance with limitations set forth in regulations adopted by the Department of Housing and Community Development (DHCD).  An agricultural building used for tourism shall be structurally sound and in good repair, but it would not need to comply with requirements in current standards for bathrooms, sprinkler systems, and elevators, as well as, any other requirements of the standards or other building codes set forth in regulations adopted by the DHCD.  MARYLAND FARM BUREAU SUPPORTS H.B. 1106.

H.B. 1141 -Land Use - Comprehensive Plans - Plan Elements – Delegate McIntosh
ENVIRONMENTAL MATTERS, 250 NHOB, Thursday at 1pm
This bill would require County and applicable municipal governments to include a water resources plan element in their comprehensive plans.  This new element must identify the water needs adequate for existing and future development including consideration of wellhead and sourcewater protection areas, known groundwater contamination, and known limited groundwater availability.  It must also identify storm water and wastewater management needs of existing and future development that includes consideration of soils and groundwater, water quality standards, total maximum daily loads (TMDLs), and anti-degradation requirements.  This element of the comp plan must also be reviewed and approved by the Maryland Department of the Environment.  Future sensitive areas and mineral resource elements will have to be reviewed and approved by the Departments of Environment and Natural Resources.
Maryland Farm Bureau believes that farmers and their future water needs should be considered whenever local governments are considering water resource issues and future growth in the county.  MARYLAND FARM BUREAU SUPPORTS H.B. 1141.

H.B. 1159 - Land Use - Local Planning Commission Plans - Open Space – Delegate Smigiel
ENVIRONMENTAL MATTERS, 250 NHOB, Thursday at 1pm
This bill would prohibit local jurisdictions from designating certain types of areas as “open space” in their comprehensive plans.  Areas with impervious surfaces, such as cul-de-sacs, highways, and parking lots, and areas with pervious surfaces, but are unusable by the public for parks and recreational areas such as sediment control ponds will not be eligible for “open space” designation.  FOR INFORMATION ONLY

S.B. 793 – Ethics – Employees or Officials of the Dept. of Agriculture – Farm Business – Senator Brinkley,
ED., HEALTH AND ENVIRON. AFFAIRS, 2 West Miller, Friday at 1pm
This bill would allow farmers and people with an interest in a farm business to be employed by the Maryland Department of Agriculture and its branch offices – including the Soil Conservation District Offices.  Under current law, it is presumed that there is an ethical conflict for a person involved in farming to be employed by the agency.  Potential employees must seek extensive review and waiver from the state ethics office on this matter.  An amendment is expected to be offered to clarify that an employee is not exempt from ethics concerns completely – for instance he or she could not regulate their own nutrient management plans.  But, it would allow persons with the appropriate farm background to be employed in jobs that require farming knowledge.  MARYLAND FARM BUREAU SUPPORTS S.B. 793.

H.B. 1157 - Natural Resources - Black Bear Hunt – Prohibition- Delegate Frush
ENVIRONMENTAL MATTERS, 250 NHOB, Friday at 1pm
This bill prohibits an open season to hunt bear in Maryland.  It also prohibits DNR from reducing the population of black bear in any area of the state except (1) in defense of a person, the person’s property or domesticated animals; and (2) after exhausting all nonlethal methods of resolving chronic documented agricultural damage or depredation caused by the black bear. This bill was introduced last year as H.B. 371.  It failed in House Committee.  MARYLAND FARM BUREAU OPPOSES H.B. 1157.

H.B. 1187 - Natural Resources - Aquaculture Operations – Exemptions – Delegate O’Donnell
ENVIRONMENTAL MATTERS, 250 NHOB, Friday at 1pm
This bill would exempt aquaculture operations from certain harvesting restrictions for wild stocks of fish including, season restrictions, catch and size limits, quotas, and method of harvest restrictions.  FOR INFORMATION ONLY

H.B. 1188 - Natural Resources - Aquaculture Operations - Oyster Seed Areas – Delegate O’Donnell
ENVIRONMENTAL MATTERS, 250 NHOB, Friday at 1pm
This bill would allow a person who engages in aquaculture operations to establish oyster seed areas in any waters of the State provided that the oyster seed has acceptably low levels of poisonous or deleterious substances as specified by the U.S. Food and Drug Administration.  FOR INFORMATION ONLY
 

The Hotline will be posted on the MFB website at the end of each week.  Our website address is www.mdfarmbureau.com.  The Maryland General Assembly’s website can also serve as a valuable tool for legislative information.  The Home Page offers the proceedings and agendas of the House and Senate, hearing schedules, bill information and status, and other data about the Maryland General Assembly.  Plus, there are links available to other related websites.  The website is updated nightly, and may be accessed at www.mlis.state.md.us .