No. 7 3/01/07
Hearings and briefings next week include:
S.B. 216 – Video Lottery Terminals
– Statewide Straw Ballot – Senator Colburn
BUDGET AND TAXATION, 3 West Miller SOB at 1:00pm
The bill is intended to put to the voters of Maryland the issue of allowing
slots in the state. The bill requires the Board of Elections to add the
following questions to the November 2008 general election ballot: “Do you
support locating video lottery terminals licensed by the State for commercial
gaming purposes at up to three licensed horse racetracks in the State and at up
to three non-racetrack destination locations?” The results of the question are
advisory only.
FOR INFORMATION ONLY
H.B. 727 – Task Force on Renewable Energy – Delegate Cardin
ECONOMIC MATTERS, 230 Taylor House Office Building at 1:00pm
This bill would create a statewide Task Force on Renewable Energy to evaluate
and identify various issues relating to increasing, within Maryland, the
development, incentivization, and use of renewable energy. Members of the task
force will include state legislators and agencies, as well as representation
from various stakeholder groups including the Maryland Farm Bureau. A final
report of their findings is due to the Governor and General Assembly by December
1, 2008.
MARYLAND FARM BUREAU SUPPORTS H.B. 727
S.B. 267 – Maryland Comparative Negligence Act – Senator Lenett
JUDICIAL PROCEEDINGS, 2 East Miller Senate Office Building at 1:00pm
This bill provides that in an action brought to recover damages for negligence
that resulted in the death of an individual, injury to a person, or damages to
property, the fact that the plaintiff may have been contributorily negligent may
not bar recovery by the plaintiff.
MARYLAND FARM BUREAU OPPOSES S.B. 267
S.B. 275 – Maryland Tort Claims Act – Employee or Official of the Maryland
Agricultural Resource-Based Industry Development Corporation- Senator Middleton
JUDICIAL PROCEEDINGS, 2 East Miller Senate Office Building at 1:00pm
This bill would protect an employee of the MARBIDCO from being sued for actions
taken as a state employee. To do this the bill adds MARBIDCO to the list of
state entities that are considered to have “State personnel” for the purposes of
protection under the Maryland Tort Claims Act.
MARYLAND FARM BUREAU SUPPORTS S.B. 275
H.B. 78 – Environmental Tobacco Smoke Elimination
and Waiver Act – Delegate Cardin
ECONOMIC MATTERS, 230 Taylor House Office Building at 1:00pm
This bill bans smoking in most indoor areas in Maryland. Exceptions include
private homes, residences and automobiles, unless they are being used for child
care or day care. The bill limits the number of “smoking” rooms in a hotel to
25% of the rooms. The bill allows smoking in retail tobacco shops if the shop
derives at least 75% of its revenues from the sale of noncigarette tobacco
products and has an appropriate ventilation system. The bill prohibits smoking
in bars or restaurants unless the owner obtains a new “Environmental Tobacco
Smoke Waiver.” Waivers are available for only 10% of the total number of bars
and restaurants in a county. Waivers will be completely eliminated after 2018.
Penalties for violation include $100 - $250 for an individual and $2,000 to
$10,000 for an employer who discharges or discriminates against an employee who
makes a complaint or informs the government about smoking in the workplace. FOR
INFORMATION ONLY
S.B. 711- Education – “Share the State Fair” Matching Fund – Senator Gladden
EDUCATION, HEALTH AND EVIRONMENTAL AFFAIRS, 2 West Miller SOB at 1:00pm
This bill is intended to help finance the cost of bringing students in each
county in prekindergarten through Grade 8 to the State Fair. The bill creates a
Fund at the Department of Education to providing matching grants to county
Board’s of Education. The bill mandates that the Governor provide funding of
$25,000 per year to the fund in the budget. Each county is limited to $1000 in
matching funds per year. The funding may be used only to pay the costs for
transportation and refreshments for students participating in the “Share the
State Fair!” program.
MARYLAND FARM BUREAU SUPPORTS S.B. 711
H.B. 1220 – Chesapeake Bay Green Fund – Delegate McIntosh
ENVIRONMENTAL MATTERS, 250 Taylor House Office Building at 1:00pm
This bill would raise up to $45 million per year for agricultural conservation
programs. The bill assesses a fee on new impervious surfaces in the state at the
time a building permit is requested. The funds (up to $130 million per year)
would be used for programs to protect the Chesapeake Bay from stormwater runoff,
to help local governments address planning needs, to conduct agricultural
research, to incentivize workforce housing, and to implement agricultural best
management practices. The fee is $2.00 per square foot for new impervious
surfaces outside a Priority Funding Area (PFA or designated growth area) and 25
cents per square foot inside a PFA. The fee can be reduced through mitigation
projects. One of the goals of the bill is to encourage growth into the
designated growth areas and to discourage development pressure in the rural and
farm areas. The bill exempts farm buildings from the impervious surface fee.
Maryland Farm Bureau is working on an amendment to clarify the exemption to
cover all farm buildings, lanes, structures and other improvements installed as
part of a farm operation.
MARYLAND FARM BUREAU SUPPORTS THE CONCEPT OF A GREEN FUND FOR CONSERVATION
PROGRAMS TO CLEAN UP THE BAY.
H.B. 601 - St. Mary’s County – Deer Hunting on Private Property – Sundays -
Delegate Bohanan
ENVIRONMENTAL MATTERS, 250 Taylor House Office Building at 1:00pm
This bill would expand deer hunting with a bow on private lands to include the
last three Sundays of October and the second Sunday of November. It also allows
hunting on the second Sunday of the firearms season. Current law allows hunting
on the first Sundays of bow and firearm seasons in St. Mary’s County. ST. MARY’S
COUNTY FARM BUREAU SUPPORTS H.B. 601
H.B. 632 – Harford County – Deer Hunting on Private Lands – Sundays – Harford
County Delegates
ENVIRONMENTAL MATTERS, 250 Taylor House Office Building at 1:00pm
This bill would allow deer hunting on private lands in Harford County by
removing it from the list of counties where it is expressly prohibited. All
counties but Baltimore, Carroll, Frederick, Harford, Howard, Prince George’s,
Somerset Wicomico, and Worcester allow Sunday deer hunting.
HARFORD COUNTY FARM BUREAU SUPPORTS H.B. 632
H.B. 471 - State Government – State Soil – Sassafras Soil – Delegate Healey
HEALTH AND GOVERNMENT OPERATIONS, 240 Taylor House Office Building at 1:00pm
This bill declares “Sassafras sandy loam” as the state soil. The bill is
supported by the Maryland Association of Soil Conservation Districts. The
purpose of the bill is to demonstrate the state’s significant concern for its
soil resources. Almost 50% of the states in the country have a designated state
soil. Sassafras sandy loam (fine-loamy, siliceous, semiactive, mesic Typic
Hapludults) covers more land area than any other soil in Maryland and is used
for a wide variety of purposes.
FOR INFORMATION ONLY
The following eminent domain bills are being heard in
the House Environmental Matters Committee in room 250 of the Taylor House Office
Building at 1:00pm:
H.B. 87 – Real Property – Condemnation Proceedings – Valuation of Property –
Delgate Shewell
This bill provides for the loss of “goodwill” to be included in damages awarded
for a condemnation where the land, or any part of it, is used for a business.
The bill also provides for “diminution in value,” which includes loss of rental
income, payment of property taxes, mortgage interest, insurance, and other costs
associated with maintaining the property. The $10,000 limit on relocation
expenses is also repealed.
MARYLAND FARM BUREAU SUPPORTS H.B. 87
H.B. 256 – Harford County – Eminent Domain – Limitation on Condemnation
Authority – Delegate Impallaria
This is a constitutional amendment to limit the use of condemnation authority in
Harford County only. The bill defines “public use” as public ownership, control,
use or access. Under the bill “public use” does not include economic development
projects for the purposes of urban renewal, community revitalization, commercial
or industrial development, job creation or the generation of tax revenue.
Current law in Maryland allows the use of condemnation for public use with just
compensation. The problem with current law is that public use has been too
liberally interpreted. This bill significantly narrows the definition. MARYLAND
FARM BUREAU SUPPORTS H.B. 256
H.B. 257 – Property Protection Act of 2007 – Delegate Impallaria
This is a constitutional amendment to prohibit the condemnation of private
property for economic development purposes that include urban renewal, community
revitalization or redevelopment, attracting new or expanded businesses, job
creation or generating tax revenue. If passed, it will be presented to voters
for approval in November 2008. It applies statewide. MFB SUPPORTS H.B. 257
H.B. 842 – Real Property –Eminent Domain –Limitation on Condemnation Authority –
Del. Boteler
This is a Constitutional Amendment to define “public use” for the purposes of
condemnation of property and to prohibit the condemning of private property
without a statement from the condemning authority on the public necessity for
the condemnation. The bill requires a 3/5 vote of the House and Senate before
being placed in front of the voters in the next general election. FOR
INFORMATION ONLY
H.B. 1015 – Eminent Domain –Limitations on the Condemnation of Private
Property – Del. Howard
This bill prohibits a governmental unit from acquiring property by condemnation
if the government intends to transfer ownership or control of the property to a
private person for the purposes of private retail, office, commercial,
industrial or residential development primarily for the enhancement of taxes
revenue or to increase employment or improve the general economic health.
MARYLAND FARM BUREAU SUPPORTS H.B. 1015
S.B. 733 – Vehicle Laws – Exceptional Milk Hauling Permit – Raw Liquid Milk –
Senator Edwards
JUDICIAL PROCEEDINGS, 2 East Miller at 1:00pm
This bill creates an exceptional hauling permit for vehicles carrying raw liquid
milk that would allow a tractor-trailer to have an 87,000 lbs GVW if enough
axles at the right distances exist. Current law limits the GVW to 80,000 lbs.
The bill also permits a straight truck to get a permit for a weight of up to
70,000lbs. The cost of the permit would be $500 per year, per vehicle. The
permit would require two inspections per year as well. This is similar to a
permit that was created in 2006 for the forestry industry.
MARYLAND FARM BUREAU SUPPORTS S.B. 733
H.B. 17 – Public School Construction – Funding – Video Lottery Terminals –
Delegate Galen Clagett
WAYS AND MEANS, 130 Taylor House Office Building at 1:00pm
The bill authorizes a total of 12,500 VLTs in the State – 3,500 VLTs each at
Pimlico Race Course, Laurel Park, and Rosecroft Raceway; and 1,000 each at a
race track built in Allegany County and Ocean Downs Raceway. The bill reiterates
the current prohibition on additional forms of gambling, other than those
currently authorized under State law (lottery, horse racing, and charitable
gambling). The State Lottery Commission will provide regulation and oversight of
the VLT program. Proceeds will be distributed as follows: 5% to the State
Lottery Agency for administrative costs; 3% to counties in which VLT facilities
are operating; 2% to municipalities in which VLT facilities are operating; 10%
to the Purse Dedication Account (PDA) to enhance horse racing purses and to
provide funds for the horse breeding industry; 5% to the Senator William H.
Amoss Fire, Rescue, and Ambulance Fund; 35% to VLT operation licensees; and 40%
to the Public School Construction Fund established under the bill.
MARYLAND FARM BUREAU SUPPORTS H.B. 17
H.B. 298 – Sales and Use Tax – Thoroughbred Race Horses – Maryland-Bred Race
Fund – Delegate Glassman
WAYS AND MEANS, 130 Taylor House Office Building at 1:00pm
This bill requires that the sales tax collected on the sale of thoroughbred race
horses at claiming races be deposited in the Maryland Bred Fund. The
Comptroller’s office would deduct administrative costs prior to depositing the
proceeds into the Bred Fund. The Maryland Bred Fund currently receives revenue
from the percentage of the takeout from all horse races held at thoroughbred
tracks. The fund is distributed between purses for stakes races for
Maryland-bred horses and awards given to owners and breeders. The fiscal note
from a similar bill in 2006 indicated that the sales tax collected from the sale
of thoroughbred races horses at claiming races to be $396,931 in 2005. Under
current law these revenues are deposited in the General Fund. MARYLAND FARM
BUREAU SUPPORTS H.B. 298
H.B. 348 – Horse Racing – Purse and Bred Fund Supplements – Delegate N. King
WAYS AND MEANS, 130 Taylor House Office Building at 1:00pm
This bill authorizes the use of $15 million of state lottery revenue that would
have gone into the General Fund for support of race tracks and bred funds in
Maryland. The revenues would be divided so that 11% would go to the bred funds
and 89% would go to increase purses at harness race tracks and thoroughbred race
tracks. Of the portion going to the bred funds, 80% would go to the
Maryland-Bred Race Fund and 20% would go to the Standard Bred Race Fund. Of the
portion going to increase purses at tracks, 80% would go to the purses at the
mile thoroughbred racing tracks and Timonium, 20% would go to Rosecroft Raceway
and Ocean Downs. This bill is for one year only and expires on June 30, 2008.
MARYLAND FARM BUREAU SUPPORTS H.B. 348
H.B. 703 – Maryland Commission on Climate Change and
Clean Energy Alternatives – Delegate V. Clagett
ENVIRONMENTAL MATTERS
This bill creates a 24 member Commission to develop an overall state strategy
for assessing, addressing and monitoring the issue of climate change and the
impacts of climate change on the state. The Commission would also develop a
strategy for promoting energy efficiencies and clean energy alternatives. Seven
of the members would be appointed by the Governor, 5 by the President of the
Senate and 5 by the Speaker of the House. They would be appointed to represent
business, labor, academia, science and current and former members of the
Legislature. The Secretaries of MDA, DBED, MDP, MDE, DNR, the Maryland Energy
Administration and the Comptroller would also serve.
FOR INFORMATION ONLY
The following bond bills are being heard in the Senate
Budget and Taxation Committee (B&T) on Saturday in Room 3 West of the Miller
Senate office building and in the House Appropriations Committee (APP) in Room
120 of the Taylor House office building. MARYLAND FARM BUREAU SUPPORTS BOND
BILLS FOR AGRICULTURAL CENTERS THROUGHOUT THE STATE.
S.B. 315/ H.B. 239 – Baltimore County Ag Center ($2 million) – 11am in B&T, 1pm
in APP
S.B. 850 – St. Mary’s County Agricultural Service Center ($750,000) – Noon in
B&T
S.B. 228/ H.B. 1064– Montgomery Co. Ag Activity Center ($675,000) – 1pm in B&T,
noon in APP
S.B. 37/ H.B. 194 – Frederick Co. Ag and Education Complex ($300,000) – 4pm in
B&T, 2pm in APP
S.B. 737/ H.B. 419– Cecil County 4-H Animal Display Barn ($250,000) – 4pm in
B&T, 2pm in APP
---SIX BIOREFINERY GRANTS GRANTED---The
Energy Department yesterday announced that it would provide up to $385 million
in six cellulosic ethanol bio-refinery projects. The awards, to be made over
four years, are authorized by the 2005 Energy Policy Act. They will advance
President Bush’s goals of making the cost of cellulosic ethanol competitive with
gasoline by 2012 and of reducing America’s gasoline consumption by 20 percent in
10 years. The awards will finance up to 40 percent of the projects, which are
expected to cost more than $1.2 billion.
The winning companies are Broin Companies, Sioux Falls, S.D.; Abengoa Bioenergy,
Spain; Alico Inc., LaBelle, Fla.; BlueFire Ethanol, Irvine, Calif.; Iogen
Corporation, Canada; and Range Fuels, Broomfield, Colo. Range Fuels is partly
financed by Khosla Ventures, the Silicon Valley venture capital firm.
Farm Bureau Applauds Proclamation of Farm Safety Week
WASHINGTON D.C., March, 1 2007—The Farm Bureau Safety and Health
Network’s Agricultural Safety Awareness week, dedicated to shedding light on the
importance of farm safety education, is just around the corner. In recognition
of this, Agriculture Secretary Mike Johanns proclaimed March 4-10 as
Agricultural Safety Awareness Week. The 2007 theme, “Step Up to the Plate for
Farm Safety,” celebrates the many positive steps the agricultural community
takes to ensure safer farms and ranches. In the proclamation, Johanns encouraged
farmers and rancher to commit to safety.
“I urge all citizens engaged in farming, ranching, or related industries to
strive to increase awareness and commitment to safe agricultural practices and
to set a positive example for all those who might be influenced by their
actions,” said Johanns. “People working in America’s agricultural sector make a
vital contribution to our nation’s wellbeing by providing high quality food,
fiber and fuel at reasonable costs.”AFBF President Bob Stallman said education
is a key component of preventing farm and ranch injuries and deaths.
“State Farm Bureaus across the country will be recognizing the importance of
agriculture and bringing the risks associated with feeding, clothing and fueling
the nation and abroad to the forefront during Ag Safety Awareness Week in a
variety of ways,” said Stallman, adding that baseball legend, Texas rancher and
Farm Bureau member Nolan Ryan is helping spread the word as official spokesman.
For more information, visit www.agsafetynow.com. The program is part of the Farm
Bureau Safety and Health Network. The Network is made up of professionals
affiliated with Farm Bureau that share an interest in identifying and decreasing
safety and health risks associated with agricultural and rural life.
---AFBF SUPPORTS ENDANGERED SPECIES RECOVERY ACT---The Endangered Species
Recovery Act of 2007 is a “win-win” for private landowners, as well as
endangered and threatened species, the American Farm Bureau Federation said
today during a press conference announcing the introduction of the legislation.
AFBF President Bob Stallman said it is imperative to include farmers and
ranchers in efforts to preserve and enhance habitat for endangered and
threatened species.
With private lands housing 80 percent of listed species, Stallman said AFBF is
absolutely convinced that cooperation with private landowners is essential if
the Endangered Species Act is to achieve its goal of recovering species. He said
farmers and ranchers are known as some of the best stewards of the land, but
have been stymied by restrictions on the use of their land by ESA regulations.
Essentially, the measure would amend the Internal Revenue Code to provide
incentives for farmers and ranchers to proactively preserve and enhance habitat
for endangered and threatened species through tax credits. More specifically,
private landowners could voluntarily enroll lands in the proposed Endangered
Species Reserve Program through easements or management agreements.
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 .