Contact: Valerie Connelly or Kurt Fuchs
(410) 269-0656 (410) 269-0081 – fax
No. 7 3/2/06
Bills of interest to Farm Bureau scheduled for hearing next week:
H.B. 634 – Cecil County –
Alcoholic Beverages – Wine Festival License – Cecil Delegation
ECONOMIC MATTERS, 230 NHOB, Monday at 1:00pm
This bill would allow the Cecil County Liquor Board to issue a special Wine
Festival (WF) license to a current holder of a state retail alcoholic beverages
license, a Class 3 or a Class 4 State Winery license. The license will be
issued to events promoting Maryland wine, but the Board cannot issue a license
for a festival that whose dates would conflict with the Anne Arundel County Beer
and Wine Festival, the Cumberland and Shenendoah Valley Wine Festival, or the
Maryland Wine Festival. FOR INFORMATION ONLY
H.B. 357 – St. Mary’s County –
Alcoholic Beverages – Beer and Wine Tasting or Sampling – St. Mary’s
Delegation
ECONOMIC MATTERS, 230 NHOB, Monday at 1:00pm
This bill would establish in St. Mary’s County, a $50, 1-day Class BWTS (Beer
and Wine Tasting or Sampling) license authorizing the license holder to allow
consumption of wine and beer for tasting and sampling, if they are given to
consumers at no charge. This new license may only be issued to a holder of a
current alcoholic beverages license or an organization that qualifies for a
Special Class C Beer, Special Class C Beer and Wine, or Special Class C Beer
Wine and Liquor license. The bill sets limits on serving size and consumption
amount and the license may not be granted to a person more than 12 times in a
calendar year. FOR INFORMATION ONLY
H.B. 1122/ S.B. 812 - Alcoholic
Beverages - Limited Wine Wholesaler's License – Delegate V. Clagett &
Senator Middleton
ECONOMIC MATTERS, 230 NHOB, Monday at 1:00pm
ED., HEALTH AND ENVIRON. AFFAIRS, 2 West Miller, Tuesday 3/7/06 at 1:00pm
This bill allows Maryland’s 22 fledgling wineries to continue to sell and
deliver their wines directly to MD retailers and restaurants. This ability to
sell directly is in jeopardy because of a recent ruling by the Comptroller’s
office. In response to the claim by wineries in PA that Maryland’s Limited
Winery License unfairly discriminates against out-of-state wineries (who are not
allowed to deliver directly in MD) the Comptroller ruled that no winery will be
permitted to deliver directly in the future. 18 of the 22 wineries in Maryland
are so small that they cannot afford to sell through a wholesaler because of the
additional expense. This bill creates a Limited Winery Wholesaler License that
will allow the wineries to deliver their wine directly to retailers and
restaurants. The cost of the license will be $50 per year. The bill prohibits
the wineries from shipping through third parties such as UPS or Fed Ex.
Estimates show that as many as 200 farmers who grow grapes in Maryland could be
harmed if the wineries they sell to cannot ship directly. MARYLAND FARM
BUREAU SUPPORTS H.B. 1122 & S.B. 812.
H.B. 287–Electric Companies–Net
Energy Metering–Accrual of Generated Electricity–Crediting to Customer’s Account–
Delegate Holmes
ECONOMIC MATTERS, 230 NHOB, Tuesday at 1:00pm
This bill requires electricity companies to allow credits to be accrued for 12
months from biomass generator-customers. Current law allows for net metering of
electricity produced vs. electricity used on a monthly basis. With the 12 month
accrual, user-generators can save credits for peak use months. This version of
the bill requires full monetary credit at the end of the year for any surplus
energy based on the average cost of electricity generation. MARYLAND FARM
BUREAU SUPPORTS H.B. 287.
S.B. 749 – Smart Growth –
Priority Funding Areas – Rural Counties – Senator Brinkley
ED., HEALTH AND ENVIRON. AFFAIRS, 2 West Miller, Tuesday at 1:00pm
This bill defines “rural county” as it relates to “smart growth” funding
procurement as a county in which a majority of the total acreage is devoted to
farming or similar agricultural purposes. It also expands the definition of a
priority funding area (PFA) that can be designated by a county’s governing body
to include those areas of a rural county that have a population of less than
6,000 people and that are totally dependent upon groundwater sources for the
their community water system. Under current law, areas designated as PFAs are
eligible to receive state technical assistance and funding related to population
growth. FOR INFORMATION ONLY
H.B. 1370 - Vehicle Laws -
Off-Highway Vehicles - Titling and Registration – Delegate Weir
ENVIRONMENTAL MATTERS, 250 NHOB, Tuesday at 1:00pm
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. MFB SUPPORTS H.B. 1370.
H.B. 1344 - Motor Fuel Tax -
Exemption for Biodiesel Fuel - Government Vehicles – Delegate Hixson
WAYS AND MEANS, 130 NHOB, Tuesday at 1:00pm
This bill would exempt biodiesel blends of at least 20% bought for use in county
or municipal government vehicles as well as vehicles owned by public
institutions of higher education from the motor fuel tax. This would help
create demand for biodiesel, which is produced using soybeans. MARYLAND
FARM BUREAU SUPPORTS H.B. 1344.
S.B. 183 – Sales and Use Tax –
Thoroughbred Race Horses – Maryland-Bred Race Fund – Senator Hooper
FINANCE, 3 East Miller, Wednesday at 1:00pm
This bill requires that a portion of the sales tax collected on the sale of
thoroughbred race horses at claiming races be deposited in the Maryland Bred
Fund. MD FARM BUREAU SUPPORTS S.B. 183.
H.B. 1126-Chesapeake and
Atlantic Coastal Bays Critical Area Protection Program-Critical Area
Commission–Authority – Delegate Frush
ENVIRONMENTAL MATTERS, 250 NHOB, Wednesday at 1:00pm
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 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
H.B. 1138 - Critical Areas
Program - Resource Conservation Areas - Blackwater National Wildlife Refuge
– Delegate Frush
ENVIRONMENTAL MATTERS, 250 NHOB, Wednesday at 1:00pm
This bill would prohibit the use of growth allocation to develop any land
designated as a resource conservation area and that is adjacent to or within
1,000 ft of the waters of a major tributary of the Blackwater National Wildlife
Refuge. This prohibition would apply to all future projects as well as any
proposals made before January 1, 2006. DORCHESTER COUNTY FARM BUREAU
SUPPORTED S.B. 257, WHICH IS SIMILAR TO H.B. 1138.
H.B. 1272 - Maryland
Agricultural Land Preservation Foundation and Rural Legacy Program - Priority
Preservation Areas - Protecting Public Investment in Land Preservation –
Delegate Smigiel
ENVIRONMENTAL MATTERS, 250 NHOB, Wednesday at 1:00pm
This bill alters the distribution of funding for the Maryland Agricultural Land
Preservation Program (MALPF) and the Rural Legacy Program to reward counties
that establish state-certified Priority Preservation Areas (PPAs). The bill
deletes the funding formula for MALPF that currently distributes one half of all
funding in 1/23rd shares between all counties. Instead, counties
with certified PPAs would receive three times as much funding as counties
without certified PPAs. In certifying county PPAs, MALPF and the MD Department
of Planning would review local zoning decisions, ongoing preservation efforts,
land use and conservation tools, and any other criteria they determine to be
important to determine if the area in the PPA can be stabilized, will limit
subdivisions and otherwise protect large portions of land for agricultural use.
The funding for the Rural Legacy Program will be changed to provide 75% of
funding to areas determined by the Rural Legacy Board and Department of Planning
to be “Primary Investment Areas” and 25% to areas they determine are “Secondary
Investment Areas.” The Board & DOP will make the determination by evaluating
local zoning, related land use tools, and other preservation programs and
classifying each rural legacy area as having Strong Supporting Programs, Low
Development Pressure or Week Supporting Programs. The first two would be
“Primary” areas, the last “Secondary.” MARYLAND FARM BUREAU OPPOSES H.B.
1272.
H.B. 968 - Hunting -
Computer-Assisted Remote Hunting – Prohibition – Delegate Lawton
ENVIRONMENTAL MATTERS, 250 NHOB, Wednesday at 1:00pm
This bill would prohibit the killing of game using a remote controlled device
and the activities undertaken to conduct such “hunting.” Violators of these
measures may be denied licenses by the DNR for a minimum of 3 years and maximum
of 5 years. A similar bill, S.B. 521, has been introduced in the Senate.
MARYLAND FARM BUREAU SUPPORTS H.B. 968.
H.B. 236 – Maryland Estate Tax
– Exclusion for Family Farms Subject to Agricultural Preservation Easements
– Delegate Glassman
WAYS AND MEANS, 130 NHOB, Wednesday at 1:00pm
This bill excludes from the Maryland Estate Tax the value of any real property
that is subject to a MD Agland Preservation Foundation (MALPF) easement or a
county Agland Preservation easement when it passes from the decedent to a
spouse, parent, grandparent, child, spouse of a child, lineal descendant of a
child or a brother or sister. MARYLAND FARM BUREAU SUPPORTS H.B. 236.
H.B. 307 – Maryland Estate Tax
Modernization Act – by request of the Governor
WAYS AND MEANS, 130 NHOB, Wednesday at 1:00pm
This bill recouples the state and federal estate tax law. Under the bill, an
estate is entitled to the same unified credit and marital deductions as is
allowed under federal law. The state law was decoupled from the federal estate
tax law 2 years ago – creating significant new liability and accounting costs
for MD farmers. Federal law is increasing the amount of estate that is
protected from estate tax annually and will eventually phase out estate tax in
2010. MARYLAND FARM BUREAU SUPPORTS H.B. 307 and several other bills that
will be heard in Ways and Means on Wednesday to recouple and/or increase the
unified credit for estate taxes. Other bills supported by Farm Bureau include:
H.B. 138 by Delegate Krebs; H.B. 154 by Delegate Costa; H.B. 340 by Delegate
McConkey, H.B. 1219 by Delegate Cardin; and H.B. 1348 by Delegate Trueschler.
H.B. 779 - Property Tax -
Assessment of Agricultural Land - Subdivision - Delegate Glassman
WAYS AND MEANS, 130 NHOB, Wednesday at 1:00pm
This bill is intended to prevent the tax assessor’s office from automatically
reassessing land at development value when a farmer subdivides his or her land.
The bill mandates that the land continue to be assessed at agricultural value as
long as it continues to be farmed. Proponents of the bill are concerned that
the assessor’s office reassesses the land at development value and requires the
farmers to request that the ag value be reinstated because it is farmed.
Opponents are concerned that changing the policy will lead to more development
of farmland. FOR INFORMATION ONLY
S.B. 621 – Education – Student
Absence From School to Participate in Agricultural Programs or Activities
– Senator Colburn
ED., HEALTH & ENVIRON. AFFAIRS, 2 West Miller, Thursday at 1:00pm
This bill would allow for a student to miss school and not be deemed absent or
be assessed a penalty for the absence while attending an event or activity
sanctioned, sponsored, or conducted by the 4-H, Future Farmers of America, or
the Maryland Farm Bureau. The Maryland Farm Bureau believes it is essential to
the future of agriculture in the state that our young people not be penalized
for participation in organizations and activities that promote Maryland
agriculture. MARYLAND FARM BUREAU SUPPORTS S.B. 621.
H.B. 1268 - Land Use - Transfer
of Development Rights - Restriction - Delegate Smigiel
ENVIRONMENTAL MATTERS, 250 NHOB, Thursday at 1:00pm
This bill would prevent a local jurisdiction from transferring development
rights (through a TDR program) into a zoning district for which the jurisdiction
“sanctions” preservation easements. Within a Transfer of Development Rights
program, a development right is lifted from a property and then either “banked”
for future use, sold on the open market, or sometimes purchased by the local
jurisdiction itself, to be transferred to a designated receiving area where
increased density is desired. Maryland Farm Bureau believes that provisions of
a local TDR program should be determined by local officials and local farmers.
MARYLAND FARM BUREAU OPPOSES H.B. 1268.
H.B. 1321 - Environment - Bay
Restoration Fund - Onsite Sewage Disposal Systems Exemption – Delegates
Walkup & Sossi
ENVIRONMENTAL MATTERS, 250 NHOB, Friday at 1:00pm
This bill exempts from the state septic fee any person whose on-site sewage
disposal system or sewage holding tank is consistently operated and maintained
by the person in accordance with state law & regulation. FOR INFORMATION
ONLY
H.B. 1436 - Natural Resources -
Black Bears - Establishment of Population in Each County - Delegate
Edwards
ENVIRONMENTAL MATTERS, 250 NHOB, Friday at 1:00pm
The bill requires the Secretary of DNR to establish a program to ensure that, by
October 1, 2012, a black bear population is introduced into each county in the
state. MARYLAND FARM BUREAU OPPOSES H.B. 1436.
The House Appropriations Committee is holding Bond bill hearings on Saturday beginning at 9:00am in room 120 NHOB. The following local Bond bills are scheduled:
H.B. 1591 - $1,000,000 for the Talbot County Agricultural Service Center (9:00am)
H.B. 572 - $600,000 for the Maryland State Fairgrounds in Baltimore County (10:00am)
H.B. 227 - $200,000 for the Howard County Living Farm Heritage Museum (5:00pm)
The Senate Budget and Taxation Committee is holding Bond bill hearings on Saturday beginning at 9:00am in 3 West Miller Bldg. The following local Bond bills are scheduled:
S.B. 26 - $750,000 for the Montgomery County Agricultural Activity Center Expansion (9:00am)
S.B. 955 - $600,000 for the
Maryland State Fairgrounds in Baltimore County (1:00pm)
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
.
STOP! – Stop
Taking Our Property – ACTION REQUEST!
The General Assembly is half over and the Eminent Domain issue is
still out there. We need your help now to remind legislators that we
have to fix this issue to protect farmland. There were more than 40 bills
introduced on this issue that run the gamut from constitutional amendment to
prohibit eminent domain for economic development purposes to statutory language
to set up a process for condemnation and to ensure just compensation. Hearings
were held on the bills in the House and Senate two weeks ago. Farm Bureau has
suggested language that would specifically prohibit condemnation of ag assessed
land for economic development purposes. A workgroup has been appointed in the
House Environmental Matters Committee to consider the bills. The Senate
Judicial Proceedings Committee will consider the Senate bills. The names and
contact information for the relevant legislators are listed below. Please take
a few minutes to call and remind them to protect farmland from eminent domain.
Talking Points: (please be respectful when you make your points)
● Please pass eminent domain reform that adequately protects farmland.
● It is impossible to relocate a farm if it is taken for an economic
development project. Maryland is running out of farmland.
● Everyone agrees that farmland is better for the health of the Bay then more
development. Help farmers protect the Bay by protecting them from
eminent domain.
House Environmental Matters Committee Workgroup: call toll free
1-800-492-7122
Delegate Virginia Clagett, x3211 or
virginia_clagett@house.state.md.us
Delegate Liz Bobo, x3205 or
elizabeth_bobo@house.state.md.us
Delegate John Arnick, x3458 or
john_arnick@house.state.md.us
Delegate Rudy Cane, x3427 or
rudolph_cane@house.state.md.us
Delegate Patrick Hogan, x3240 or
patrick_n_hogan@house.state.md.us
Delegate Marvin Holmes, x3098 or
marvin_holmes@house.state.md.us
Delegate Tony McConkey, x3406 or
tony_mcconkey@house.state.md.us
Delegate Karen Montgomery, x3380 or
karen_montgomery@house.state.md.us
Delegate Rosetta Parker, x3326 or fax (410) 841-3547
Delegate Catherine Pugh, x3030 or
catherine_pugh@house.state.md.us
Delegate Richard Sossi, x3543 or
richard_sossi@house.state.md.us
Delegate Joan Stern, x3045 or joan_stern@house.state.md.us
Senate Judicial Proceedings Committee:
call toll free 1-800-492-7122
Senator Brian Frosh, x3124 or
brian_frosh@senate.state.md.us
Senator Leo Green, x3631 or
leo_green@senate.state.md.us
Senator Jennie Forehand, x3134 or
jennie_forehand@senate.state.md.us
Senator Rob Garagiola, x3169 or
rob_garagiola@senate.state.md.us
Senator John Giannetti, x3141 or
john_giannetti@senate.state.md.us
Senator Larry Haines, x3683 or
larry_haines@senate.state.md.us
Senator Ralph Hughes, x3656 or
Ralph_hughes@senate.state.md.us
Senator Nancy Jacobs, x3158 or
nancy_jacobs@senate.state.md.us
Senator Philip Jimeno, x3658 or
Philip_jimeno@senate.state.md.us
Senator Alex Mooney, x 3575 or
alex_mooney@senate.state.md.us
Senator Norman
Stone, x3587 or fax (410) 841-3218