contributed by Jane Seigler, vice president of the Maryland Horse Council
The legislative session is now more than half over, and the deadlines for entering new proposed bills (except for extraordinary measures), have now passed. The House of Delegates is considering over 1500 bills; the Senate has over 1000. Whatever is not passed by midnight April 9 will have to wait until next year.
Here’s a summary of what we’ve been watching – with thanks to the Maryland Farm Bureau for their helpful summaries! To see the full text of any of these bills, or to find out their current status, go to http://mlis.state.md.us/. This site is updated every night.
SB 445/HB336 – Criminal Law – Animal Cruelty – Assignment and Costs of Animal,
Sponsored by Senators Colburn and Mathias/Delegates Haddaway-Riccio, Conway, Eckardt, McDermott, and Otto: Requiring a court to order a defendant convicted of a specified charge of animal cruelty, as a condition of sentencing, to assign ownership of a specified animal to the agency or organization that confiscated the animal for disposal at the discretion of that agency or organization and to pay, in addition to any other fines and costs, all reasonable costs incurred in removing, feeding, housing, treating, or euthanizing an animal confiscated from the defendant. – Support
SB 108 -Maryland Horse Industry Board – Licensing, By Request – Departmental – Agriculture: housekeeping revisions to stable license bill; making clear what facilities must be licensed – support
HB 722 – Montgomery County – Real Property – Enforceability of Recorded Covenants and Restrictions – Agricultural Activities and Structures MC 16-12, Montgomery County Delegation: Montgomery County right to farm legislation (making HOA restrictive covenants that prohibit agriculture in the ag reserve unenforceable) – support; oppose Barkley amendment
HB 376 – Video Lottery Terminal Proceeds – School Construction, Delegates Simmons, Anderson, Arora, Barkley, Burns, Cane, Cluster, Conaway, Cullison, Dwyer, Gilchrist, Glenn, Gutierrez, Hough, Hucker, K. Kelly, Kramer, McConkey, McMillan, Myers, Parrott, B. Robinson, Serafini, Tarrant, Washington, and Wilson: Redirecting slots revenue currently designated for the MD racing industry to school construction instead – oppose
HB 680 – Education – Development of Guidelines to Incorporate Sustainable Agricultural Education, Delegate Rosenberg, Luedtke & Washington: Requires the State Board of Education and the University of Maryland Extension to jointly develop guidelines to incorporate education about sustainable agriculture into the existing science curricula. The bill requires consultation with local Board of Education, the Maryland Agricultural Education Foundation (MAEF), and other organizations that promote education about sustainable agriculture. The bill does not define “sustainable agriculture.” – support
In addition to these bills, we are also watching:
SB 301/HB 1020, which would create a “registry” for animal abusers, similar to sex offender registries.
Seven bills related to the proposals from MDA to change the Nutrient Management regulations:
SB 330– prohibits Maryland state agencies (MDA, DNR, MDE) from adopting new regulations to mandate actions on farms to meet WIP goals until surrounding Bay Watershed states (PA, VA, WV, NY and DC) achieve or exceed the percentage reduction of nitrogen and phosphorous attributed to their agricultural sectors as Maryland farmers have achieved since 2009. [Unfavorable report EHEA] [Note: crossfiled with HB 464, which was withdrawn after unfavorable report from Environmental Matters]
SB 594 – Codifies the manure and sewage sludge application restrictions that are being debated as part of the current MDA regulatory process. The bill prohibits the application of animal manure or biosolids to agricultural land between November 1st and March 1st, unless it is injected into the soil with greater than 90% remaining below the soil surface. For the remainder of the year (March 1-November 1) the bill mandates that all animal manure or biosolids be injected or incorporated within 24 hours. Beginning July 1, 2017, the bill prohibits the use of fertilizer to agricultural land that has a phosphorus fertility index value that is greater than 150. After July 1, 2020, the bill prohibits MDA from authorizing the application of animal manure or biosolids to agricultural land between September 10 and November 15, even if there is a lack of storage capacity.
SB 118 – Gives MDA the authority to add sediment credits to its existing agricultural nutrient credit certification program.
SB 822/487 – Provides that a local jurisdiction may not be required to implement a WIP activity or strategy unless funding sufficient to pay for the activity or strategy is provided by the state or federal government. [HB 487 has received unfavorable report from Environmental Matters]
SB 823/486 – Requires the Maryland Department of Environment (MDE) to develop a list of Best Management Practices (BMPs) that a county may use under a Watershed Implementation Plan (WIP) to implement the Bay Total Maximum Daily Load (TMDL) by October 1, 2012.
Five bills related to racing and slots:
SB 26 – Authorizing the holder of a video lottery operation license to offer table games in the State, subject to referendum Nov 2012.
SB 155 – Requiring the Video Lottery Facility Location Commission to conduct a study of financial impact of table games.
SB 49 – Authorizing the Maryland Racing Commission to allocate a portion of the Maryland–Bred Race Fund for horses conceived, but not necessarily foaled, in Maryland; altering the amount of the Fund the Commission may allocate for certain horse races; requiring the Commission to set the amount of certain breeder awards for races in the State and outside the State.
SB 794/HB 947 – Eliminating the specific year restriction on the use of Purse Dedication Account funds for operating expenses.
Twelve bills related to land use and zoning, including MALPF and PlanMaryland:
SB 129; SB 148; SB 112 – MALPF bills re: appraisals, easements and lot releases.
HB 23 – Constitutional amendment to provide that dedicated state funds may be used only for the specific purpose that are set forth in the law.
HB 36 – Requiring the Secretary of Planning to submit the State Development Plan and any substantial part or revision of the Plan to the General Assembly; prohibiting the Plan from being finalized until it is approved by an Act of the General Assembly; authorizing the General Assembly to modify the Plan as submitted by the Secretary; requiring the Governor to file with the Secretary of State the Plan, part of the Plan, or a revision to the Plan, together with specified comments, after enactment of a law that approves or modifies the Plan.
HB 253 – Prohibits the Department of Planning from adopting any regulation or taking any action that would restrict the planning and land use powers of any local government or regional planning agency.
SB 532/HB 1201 – Prohibits the use of PlanMaryland, the Governor’s statewide development plan, to create or establish a new cause to deny a state permit, project, or approval. It would also prohibit the Plan’s use to deny state funding that is mandated by statute, regulation, or in the state’s operating or capital budgets. Provisions in the bill would require conflicts between the Plan and counties or municipalities to be negotiated in good faith, but if no resolution of the conflict can be had, a local government’s comp plan, zoning laws, and local ordinances take precedence.
SB 236/HB 445 – Creates a new state level approval process for development, including septic restrictions on new subdivisions.
HB 931 – Requires General Assembly approval prior to finalizing the State Development Plan, PlanMD.
HB 932 – Prohibits the use of PlanMaryland, the Governor’s statewide development plan, to create or establish a new cause to deny a permit, project, or approval. It would also prohibit the Plan’s use to deny state funding that is mandated by statute, regulation, or in the state’s operating or capital budgets.
Seven bills related to taxes and fees, including estate taxes:
SB 294/HB 444 – Exempts the value of a farm from the state estate tax when the farm stays in agricultural use for the next 10 years.
SB 324/HB 154 – similar to SB 294, except this bill recaptures the estate tax that would have been due if the property ceases to be used for farming purposes during the life of the qualified recipient.
SB 410 – Excludes the full value of qualified agricultural property from the gross value of an estate for the purposes of the Maryland estate tax.
SB 240/HB 446 – an increase to the current “flush tax.”
As a former ACO for Montgomery County I have wished for a law that would force a cruel owner to relinquish his pet. HOWEVER, be very cautious about which laws you support. AFTER you are convicted of cruelty is the only time to surrender your pet to the state. While you are being investigated, if the state, county or city is able to destroy your animal, and the accusations are found to be false, a mistake or an accident you will not be able to bring your horse back to life. Think carefully about unintended consequences which include the loss of life to an innocent animal whose owner has been wrongly accused. Courts are slow for a reason, to protect the innocent.