No. 9 3/15/07
This will be the last weekly edition
of the Hotline for the 2007 General Assembly session. Beginning next week,
committees will announce their hearing schedules on a daily basis. Most of the
hearings will cover bills that have already been heard in their house of
origination and have crossed over to the opposite chamber. If you are following
a bill and want more information or an update on its progress, please call us in
the Annapolis office or log onto the General Assembly website at
www.mlis.state.md.us . You will receive the Final Hotline soon after the April
9th close of the Maryland General Assembly.
Hearings and briefings next week include:
The Maryland Ag Commission Farm
Bill Seminar, Maryland Department of Agriculture
50 Harry Truman Parkway, Annapolis, MD 21401 at 9:00am
The Maryland Ag Commission will host a seminar from 9:00am through lunch to hear
from Farm Bill experts from Washington and Maryland. Speakers include: Bruce
Gardiner, Economist, University of Maryland; Mary Kay Thatcher, American Farm
Bureau Federation; Sam Willett, National Corn Growers Association; Samantha
Slater, Renewable Fuels Association; Ralph Grossi, American Farmland Trust; and
Jennifer Yezak, National Association of State Departments of Agriculture. Anyone
interested in attending should RSVP to Jennifer at (410) 841-5881.
H.B. 1289 – Maryland Horse Industry Fund – by request MDA
ENVIRONMENTAL MATTERS, 250 Taylor House Office Building at 1:00pm
This bill provides that any unspent or unencumbered balance in the Maryland
Horse Industry Fund does not revert to the General Fund. The MD Horse Industry
Fund is administered by the MDA and consists of monies from an assessment on
equine feed ($2.00 per ton) and any other state and federal appropriations that
are made available. The Fund is used to pay for the cost of research related to
equine health, promotion of the industry and licensing, inspecting and
regulating riding stables in MD.
MARYLAND FARM BUREAU SUPPORTS H.B. 1289.
H.B. 1290 – Animal Health – Administrative Penalties – by request MDA
ENVIRONMENTAL MATTERS, 250 Taylor House Office Building at 1:00pm
This bill expands the Secretary of Agriculture’s authority to issue
administrative penalties of up to $10,000 for violation of animal health laws.
Under current law, the administrative penalties are available for violation of
laws or regulations involving infectious and contagious livestock and poultry
diseases. This bill would make the penalties available to the Secretary for
violations of all livestock and poultry laws, which cover biological products
and tests, livestock sales, importation of cattle or swine, driving livestock on
improved highways, stray domestic animals, enclosed livestock, regulation of
poultry to control avian influenza and transportation of horses. FOR INFORMATION
ONLY
H.B. 1291 – Solid Waste Regulation – Criminal Penalties – by request MDE
ENVIRONMENTAL MATTERS, 250 Taylor House Office Building at 1:00pm
This bill allows the Department of the Environment to seek criminal penalties
for violation of scrap tire laws. The scrap tire law prohibits a person from
storing scrap tires (in excess of 15,000 cubic feet) for more than 90 days
unless the person can demonstrate that the tires will be returned to the
marketplace, used as a fuel in an approved resource recovery incinerator, or
transferred to any facility within the scrap tire recycling system. Under
current law, violations are subject to civil penalties of up to $10,000 and
administrative fines of $1000 per day. This bill allows the Attorney General to
represent MDE in seeking criminal penalties of up to $25,000 and 1 year in
prison for a first offense and $50,000 and 2 years in prison for subsequent
offenses. FOR INFORMATION ONLY
H.B. 1292 – Department of Agriculture – Honey Bees – by request MDA
ENVIRONMENTAL MATTERS, 250 Taylor House Office Building at 1:00pm
This bill allows the Maryland Department of Agriculture to establish the
inspection interval for bee hives or equipment that are transported into the
state. Under current law, the hive and the equipment must be inspected within
the preceding 2 months of entry. This bill gives the inspector at MDA the
flexibility to require more or less frequent inspections based on travel
locations and the risk of disease from those locations. MARYLAND FARM BUREAU
SUPPORTS H.B. 1292.
H.B. 1352 – Maryland Horse Industry Board – Rescue Stables- by request of MDA
ENVIRONMENTAL MATTERS, 250 Taylor House Office Building at 1:00pm
This bill adds “Rescue Stables” to the list of stables regulated and inspected
by the Maryland Horse Industry Board. Under current law, equine dealers,
breeding stables, horse riding and rental stables are subject to Board licensing
and certification. Regulated stables must pay an annual inspection fee of $25
and an annual renewal fee of $50 to the Board. The Board may suspend or revoke
the license of a stable if the licensee fails to provide suitable food, water
and shelter for horses, maintains unsanitary conditions, fails to provide
suitable saddles, bridles, harnesses and other tack or equipment, allows unfit
horses to be used for riding, refuses to allow a member of the Board to enter
and inspect, commits an act of cruelty as defined in the law or fails to comply
with any rules or regulations of the Board.
MARYLAND FARM BUREAU SUPPORTS H.B. 1352.
H.B. 1353 – Maryland Agricultural Land Preservation Fund – by request of MDA
ENVIRONMENTAL MATTERS, 250 Taylor House Office Building at 1:00pm
This bill will allow funds in the MD Agland Preservation Fund to be spent, with
the Foundation’s approval, on easement purchases through a Critical Farms
Program, an Installment Purchase Program, or an installment purchase program
through grants to counties.
MARYLAND FARM BUREAU SUPPORTS H.B. 1353.
H.B. 1354 – Certification of County Priority Preservation Areas – by request
of MDA
ENVIRONMENTAL MATTERS, 250 Taylor House Office Building at 1:00pm
This bill changes the criteria for approval of a Priority Preservation Area by
MALPF to make sure that all normal agricultural and forestry activities are
included. Under current law, a county can identify the “kind of agricultural
operations it seeks to preserve.”
MARYLAND FARM BUREAU SUPPORTS H.B. 1354.
S.B. 949 – Transportation Funding
Act of 2007 – Senator Miller
BUDGET AND TAXATION, 3 West Miller House Office Building at 1:00pm
This bill would increase the motor fuel tax rate in Maryland from 23.5 cents per
gallon to 35.5 cents per gallon of gasoline other than aviation fuel. It also
allows for the tax to increase annually, subject to certain conditions, by no
more than 1 cent per gallon more than the previous fiscal year.
MARYLAND FARM BUREAU OPPOSES S.B. 949.
S.B. 784 – Stormwater Management Act of 2007 – Senator Rosapepe
EDUCATION, HEALTH AND ENVIRONMENTAL AFFAIRS, 2 West Miller SOB at 1:00pm
This bill would require all local governments (municipalities and counties) that
exercise planning and zoning authority to adopt environmental site design
techniques in their stormwater management practices identified in their zoning
ordinances. Environmental site design techniques are design strategies intended
to maintain or replicate the predevelopment hydrology of a building site.
Implementation of such techniques will be considered the primary method of
managing stormwater, as opposed to standard best management practices, and a
developer has the burden of proof to show that the use of environmental design
techniques are not practical. The Department of the Environment will also be
required to establish appropriate fees in order to enforce these provisions.
This bill could potentially result in much higher costs to address stormwater
management. FOR INFORMATION ONLY
S.B. 811 – Bay Restoration Fund – Statewide Demonstration Projects – Senators
Colburn & Pipkin
EDUCATION, HEALTH & ENVIRONMENTAL AFFAIRS, 2 West Miller SOB at 1:00pm
This bill would authorize the use of some of the funds in the Bay Restoration
Fund that are set aside for septic system upgrades to be used for the cost of
implementing demonstration projects, including grants of up to $500,000 to any
county in the state for the extension of sewer from a publicly owned wastewater
facility through restricted denied access sewer lines to designated areas with
defined capacity limits based on existing lots of record. Current law requires
that the fees collected from septic owners ($30 per year) be deposited into an
account were 40% is used for the state’s cover crop program and the other 60% is
used as partial grants to replace failing septic systems with nitrogen removal
systems. MDE has not finalized the septic replacement program at this time. The
balance in that account is currently over
$1 million. FOR INFORMATION ONLY
S.B. 822 – Natural Resources – Steel Jawed Leghold Traps – Prohibition –
Senator Britt
EDUCATION, HEALTH AND ENVIRONMENTAL AFFAIRS, 2 West Miller SOB at 1:00pm
This bill would prohibit the use of steel jawed leghold traps throughout the
state and includes the repeal of their use on farmland to protect crops and
livestock from damage and depredation. The prohibition would not apply to an
authorized agent of the Maryland Forest, Park, or Wildlife Service when
exercising their duties for wildlife control under guidelines established by the
Department of Natural Resources. This bill also bans the use, sale, possession,
setting, placing, or maintaining of a snare trap unless it meets certain
criteria. MARYLAND FARM BUREAU OPPOSES S.B. 822.
S.B. 956 – Natural Resources – Hunting on Private Land – Verbal Permission –
Senator Haines
EDUCATION, HEALTH AND ENVIRONMENTAL AFFAIRS, 2 West Miller SOB at 1:00pm
This bill would allow a person to hunt on someone else’s land with verbal or
written permission of the landowner or the landowner’s agent or lessee. Current
law requires written permission to do so. Maryland Farm Bureau policy opposes
public access to private land without the written permission of the landowner.
MARYLAND FARM BUREAU OPPOSES S.B. 956.
S.B. 962/ H.B. 1386 – Agricultural Ownership Entities – Homestead Tax Credit
– Senator Brinkley / Delegate Bartlett
SENATE BUDGET AND TAXATION, 3 West Miller Senate Office Building at 1:00pm
HOUSE WAYS AND MEANS COMMITTEE, 130 Taylor HOB at 1pm on Friday 3/23/07
This bill extends the protection of the Homestead Tax Credit to “Agricultural
Ownership entities” that include family corporations, general partnerships and
limited liability partnerships and companies. Under current law Agricultural
LLCs and LLPs have the protection. The bill defines a “family corporation” as a
corporation that does not have stockholders other than the homeowner and the
following members of the homeowner’s family: a spouse or former spouse, a child
or stepchild, a parent or stepparent, a brother or sister, sons and
daughters-in-law (and steps), and grandparents and stepgrandparents. The
Homestead Tax Credit limits the amount of increase in value a home and the 1
acre parcel surrounding the home can increase in assessment value each year for
tax purposes. Generally the limit is 10% per year.
MARYLAND FARM BUREAU SUPPORTS S.B. 962 & H.B. 1386.
H.B. 1246/ S.B. 821 – Agriculture – Confinement of Pigs During Pregnancy –
Del. Ali / Sen. Britt
ENVIRONMENTAL MATTERS, 250 Taylor House Office Building at 1:00pm on Wednesday
3/21/07
The House Committee will take testimony from the bill Sponsor only. Written
testimony (40 copies) may be submitted by 11am on the day of the hearing for
consideration by Committee members.
ED., HEALTH AND ENVIRON. AFFAIRS, 2 West Miller SOB at 1:00pm on Friday 3/22/07
This bill prohibits the tethering or confining of a pig during pregnancy on a
farm, for all or the majority of any day, in a manner that prevents the pig from
lying down and fully extending its limbs or turning around freely. The bill
allows the tethering or confining of a pig during the 7-days before the pig’s
expected date of giving birth, during an examination, operation, test or vet
treatment, during transportation, during rodeo exhibitions, state or county
fairs or similar exhibitions, during the killing of the pig and while involved
in lawful, scientific, or agricultural research. The bill establishes
misdemeanor penalties of up to 90 days in prison or a fine not to exceed $1000
per violation. Each confined pig is a separate violation. The effective date is
October 1, 2007. Maryland Farm Bureau policy supports properly researched and
industry-tested livestock practices that provide consumers with a wholesome food
supply and enable farmers to improve care and management of their animals. Farm
Bureau opposes livestock mandates that are not supported by science. Animal
veterinary experts say that the use of gestation crates is not harmful to
livestock. MD FARM BUREAU OPPOSES H.B. 1246 & S.B. 821.
H.B. 1175 – Charter Counties – Express Powers – Agreements to Purchase
Easements to Restrict Development – Delegate Davis
ENVIRONMENTAL MATTERS, 250 Taylor House Office Building at 1:00pm – Sponsor Only
This bill would add to the list of express powers of counties with a charter
form of government the power to purchase easements on agland in order to
restrict the amount of development on it. This bill is primarily designed to
benefit Prince George’s County and will expedite a pending installment purchase
agreement program. Other charter counties in Maryland include Anne Arundel,
Baltimore City, Baltimore, Dorchester, Harford, Howard, Montgomery, Talbot, and
Wicomico.
MARYLAND FARM BUREAU SUPPORTS H.B. 1175.
H.B. 1268 – Bay Restoration Fund – Disbursement of Funds – Delegate Elliott
ENVIRONMENTAL MATTERS, 250 Taylor House Office Building at 1:00pm - Sponsor Only
This bill provides more funding for the state cover crop program from the Bay
Restoration Fund. The Fund was created in 2005, to receive the $30 per year
septic fee charged to homeowners not on public sewer and water. Under current
law, 40% of the monies in the Fund are distributed to the MDA for use in the
state cover crop program. The remaining 60% is distributed to the MDE for use in
upgrading failing septic systems. This bill reverses the distribution percentage
so that cover crops will get 60% and failing septics will get 40%. MARYLAND FARM
BUREAU SUPPORTS H.B. 1268.
S.B. 731 – Maryland Estate Tax – Exclusion for
Family Farms Subject to Agricultural Preservation Easements – Senator Hooper
BUDGET AND TAXATION, 3 West Miller Senate Office Building 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 S.B. 731.
H.B. 1088 – Cecil County – Admission and Amusement Tax – Exemption – Cecil
County Delegation
WAYS AND MEANS, 130 Taylor House Office Building at 1:00pm
This bill exempts agritourism activities in Cecil County from the admission and
amusement tax. State law permits the A&A tax to be assessed at a rate of up to
10% by county governments. Counties may decide which activities are subject to
the tax. Under current law, agritourism activities in Harford & Baltimore County
are exempt. Howard County has taken local action to exempt agritourism
activities as well. MARYLAND FARM BUREAU & CECIL COUNTY FARM BUREAU SUPPORT H.B.
1088.
S.B. 821 – Agriculture – Confinement of Pigs During
Pregnancy – Senator Britt
EDUCATION, HEALTH AND ENVIRONMENTAL AFFAIRS, 2 West Miller SOB at 1:00pm
(See summary of bill listed on Wednesday)
MARYLAND FARM BUREAU OPPOSES S.B. 821.
H.B. 1330 – Bay Restoration Fund – Eastern Shore Demonstration Projects –
Delegate Haddaway
ENVIRONMENTAL MATTERS, 250 Taylor House Office Building at 1:00pm
This bill is identical to S.B. 811 except that it is limited to Kent, Queen
Anne’s, Talbot, Caroline, Dorchester, Wicomico, Somerset, Worcester or Cecil
Counties only. FOR INFORMATION ONLY
H.B. 1368 – Natural Resources – Black Bear Hunt – Prohibition – Delegate
Frush
ENVIRONMENTAL MATTERS, 250 Taylor House Office Building at 1:00pm
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.
MARYLAND FARM BUREAU OPPOSES H.B. 1368.
H.B. 1369 – Natural Resources – Leghold Traps – Prohibition – Delegate Frush
ENVIRONMENTAL MATTERS, 250 Taylor House Office Building at 1:00pm
This bill would prohibit the use of steel jaw leghold traps throughout the
state. It would remove the provision in those counties that currently prohibit
the use of the traps (Anne Arundel, Baltimore, Montgomery, Prince George’s) that
allows farmers or their designates and the Department of Natural Resources to
use them. The DNR would be able to use leghold traps to capture animals posing
human health threats, issue permits to a landowner that demonstrates property
damage and has exhausted all other means of abatement, and for use in conducting
research. The permit would be valid for no more than 30 days. It would also
require that leghold traps in use have affixed to them registration and permit
numbers issued by the DNR. The bill would severely restrict farmers’ ability to
quickly and effectively abate nuisance furbearers on their property. MARYLAND
FARM BUREAU OPPOSES H.B. 1369.
H.B. 1389 – Agriculture – Crop Insurance Premium Program – Cost Share –
Delegate Conway
ENVIRONMENTAL MATTERS, 250 Taylor House Office Building at 1:00pm
This bill alters the Maryland Crop Insurance Premium Program to authorize the
Secretary of MDA to pay a cost-share to farmers for the purchase of federal crop
insurance. The bill sets the cost-share at 10% of the net book premium. Under
current law, the Crop Insurance Premium Program is authorized to pay $2 per acre
towards the cost of federal crop insurance. Funding has not been appropriate for
the program in the last 5 years. MARYLAND FARM BUREAU SUPPORTS H.B. 1389.
H.B. 522 Wineries – Special Event Permits –
Farmers’ Markets – Unfavorable Report in
Economic Matters - (HL 5)
H.B. 601 St. Mary’s County – Deer Hunting on Private Property – Sundays –
Favorable
w/Amendment Report in Environmental Matters Committee: The amendment removes
the additional firearms Sunday.
H.B. 621 Admissions and Amusement Tax – Exemption for Activities Related
to
Agricultural Tourism – Passed House w/ Amendments to enable rather than force
local governments to exempt such activities - (HL 5).
H.B. 632 Harford County – Deer Hunting on Private Lands – Sundays –
Favorable Report
in Environmental Matters Committee.
H.B. 745 State-Owned Heavy Equipment and Heating Equipment – Biodiesel
Fuel
Requirement – Passed 2nd Reader.
H.B. 1041 Maryland Agricultural Land Preservation Fund – Grants to
Counties – Passed
2nd Reader w/Amendments that clarify that MALPF can give grants to MARBIDCO for
the Installment Purchase Agreement and Next Generation Farmer programs as well
as to counties for specified programs under certain conditions.
S.B. 64 Young Farmers Advisory Board - Termination Date – Repeal – Passed
Senate
(HL 3)
S.B. 182 Maryland Estate Tax – Unified Credit Effective Exemption Amount
and
Deduction for State Death Taxes – Unfavorable Report by the Budget and Taxation
Committee - (HL 4).
S.B. 230 Admissions and Amusement Tax – Exemption for Activities Related
to
Agritourism – Passed Senate w/ Amendments to define “agritourism” to include
agricultural and horticultural activities conducted on a farm, vineyard, winery,
or orchard for the purpose of entertainment or education - (HL 5).
S.B. 261 Biodiesel Renewable Fuel Act – Passed 2nd Reader w/Amendment to
create a Task
Force on Renewable Fuels to be chaired and staffed by MDA and removes the
provisions
related to a statewide mandate - (HL 4).
S.B. 271 Hunting – Exemptions from License and Stamp Requirements –
Passed Senate
w/Amendments that stipulate a child over 16 years of age must have worked at
least 30 days on the farm within the previous 12 months to receive the exemption
and it also restores the child’s spouse exemption - (HL 5).
S.B. 442 Property Tax – Agricultural Use Assessment – Migrant Labor Camps
– Passed
2nd Reader w/Amendment that stipulates the dwelling must be “used exclusively”
for migrant labor housing.
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 .