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

No. 2  1/25/07
 

Hearings and briefings next week include:

H.B. 31/S.B. 65 – Community or Homeowner’s Association – Standings to Participate in Certain Proceedings – Delegate Morhaim
JUDICIARY, room 100 at 1:30pm on 1/30/07; JUDICIAL PROCEEDINGS, 2EM at 2pm on 1/31/07
This bill would expressly enable a community or homeowners’ association to obtain broad access to governmental proceedings and forms of alternative dispute resolution, as well as authorize a community or homeowners’ association to exercise standing to assert a claim in its name on behalf of its members. The bill establishes the definition of a community association. Current Maryland case law provides that an association does not have standing unless it has a “property interest of its own – separate and distinct from that of its individual members.” The Maryland Court of Appeals has explicitly rejected any expansion of common law standing in areas such as land use, where the General Assembly has modified standing requirements. MARYLAND FARM BUREAU OPPOSES H.B. 31 & S.B. 65.

H.B. 34 – Planning and Zoning Decisions – Standing to Appeal – Delegate Morhaim
JUDICIARY, 100 Taylor House Office Building at 1:30pm
In general this bill increases the standing of homeowners’ and community associations in local zoning appeals and circuit court decisions when one or more of their members are directly impacted by the case. Current Maryland case law provides that an association does not have standing unless it has a “property interest of its own – separate and distinct from that of its individual members.”
MARYLAND FARM BUREAU OPPOSES H.B. 34.

Briefing on Oyster Restoration
ENVIRONMENTAL MATTERS, 250 Taylor House Office Building at 1:30pm
The Chesapeake Bay Foundation will brief the Committee on the Oyster Restoration effort.

Overview on Agricultural Issues / Status of the MD Dairy Industry
ENVIRONMENTAL MATTERS, 250 Taylor House Office Building at 1:30pm
A panel from the MD Young Farmers Advisory Board, MD Ag Commission and MD Dept. of Agriculture will brief the Committee on general issues of importance to the farm community. A second panel presented by the MD Farm Bureau will brief the committee on the status of the dairy industry.

S.B. 40 - Maryland Transportation Authority - Chesapeake Bay Bridge - Tolls – Senator
BUDGET AND TAXATION, 3 West Miller Senate Office Building at 2:00pm
This bill would authorize the MTA to temporarily stop the collection of tolls at the Bay Bridge when traffic heading eastbound approaching the Bridge results in 30 minutes or more to cross. It authorizes the Authority to take the necessary steps to make such a waiver legally possible.
FOR INFORMATION ONLY

HB 44 - Maryland Clean Cars Act of 2007 – Delegate Bobo
ENVIRONMENTAL MATTERS, 250 Taylor House Office Building at 1:00pm
By passing this bill, Maryland would be adopting the law and all of the rules and regulations passed by the State of California concerning automobile emissions. Under current federal law, a state may follow the Federal Tier 2 program or the California program. States are not permitted to adopt their own standards. States that choose to follow the California standard must adopt all of CA’s rules as currently written and adopted in the future. The California Emission Standards require car manufacturers to make sure that at least 10% of their sales are California-type low or no emission vehicles. California also recently adopted controversial CO2 regulations intended to address greenhouse gases. The new regulations apply to passenger vehicles and light duty trucks. FOR INFORMATION ONLY
 

FEDERAL MINIMUM WAGE AMENDMENT
The U.S. Senate is now debating legislation that will raise the Federal minimum wage. It is anticipated that offsets to aid small businesses deal with the impact of the wage increase will be included in the bill that is eventually sent to the President. As one offset, Sen. Saxby Chambliss (R-Ga.) may offer an amendment to the minimum wage bill that would permit growers using the H-2a program to pay a prevailing wage, instead of the adverse effect wage rate, to satisfy the wage requirements of that program. Farm Bureau strongly supports the Chambliss amendment.

The H-2a program currently requires growers to pay the adverse effect wage rate (AEWR), in addition to providing housing and transportation to H-2a workers. Farm Bureau policy calls for using the prevailing wage for H-2a workers. State Farm Bureaus are urged to contact:
Senator Barbara Mikulski at http://mikulski.senate.gov/mailform.html or (202) 224-4654 and
Senator Ben Cardin at http://cardin.senate.gov/contact.cfm or (202) 224-4524
to urge that Senators vote in favor of the Chambliss amendment.