April 1, 2010
As introduced, SB 922 would have extended the Homestead Property Tax Credit (credit) in all local jurisdictions to apply to units of independent living retirement communities. MACo opposed the original bill, objecting to the breadth of new application for this homeowner-only tax credit, and noting that the benefit would not necessarily inure to the occupant, but instead to the commercial enterprise operating the facility.
As amended in the Senate, the bill has been amended to have only local effect, and would give Carroll County the option of authorizing the credit.
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Posted by Andrea Mansfield
March 30, 2010
As introduced, SB 314 would have authorized an insured individual to assign his or her benefit to a non-preferred provider, effectively allowing the non-preferred provider to bill the insurance carrier directly. MACo expressed concern because this practice could have the unintended consequences of increasing administrative fees and eroding network discounts, especially for Health Management Organizations (HMO). Many counties offer HMOs to keep costs down.
The Maryland Insurance Administration offered and the Senate Finance Committee adopted an amendment to strike HMOs from the bill, effectively addressing MACo’s concern.
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Posted by Andrea Mansfield
March 30, 2010
SB 911, Underground Facilities – Damage Prevention, was voted favorable in the Senate Finance Committee with numerous amendments. As introduced, MACo opposed the bill because it removed local marking fee authority, imposed new mandates by requiring the marking of storm drains, and empowered a new unaccountable entity, the Maryland Underground Facilities Damage Prevention Authority (Authority) with broad powers.
The amended bill maintains local marking fee authority, removes all references to the marking of storm drains, and ensures that local governments will not be charged or assessed a fee either directly or indirectly, for the operations of the newly established Authority.
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Posted by Andrea Mansfield
March 27, 2010
HB 1182, Business Improvement Districts, was voted favorable with amendments in the House Environmental Matters Committee and passed on second reading today on the House floor. As introduced, this bill would have required local jurisdictions to adopt a resolution if the procedural requirements of the BID application were met. MACo also had concerns with respect to property tax caps, bonding and taxing authority.
As amended, the bill is authorizing, the county imposes the tax, taxes are not considered against a county or municipal tax cap, and the bonding authority has been struck. In addition, requirements for BID formation have been strengthened and termination procedures have been added to the bill.
- At least 80% of property owners must agree to establish a BID
- Local jurisdictions reviews the effectiveness and can terminate a BID
1 Comment | Uncategorized | Tagged: Bill Hearing, Environmental Matters Committee, Finance and Procurement | Permalink
Posted by Andrea Mansfield
March 27, 2010
MACo Associate Director Andrea Mansfield and Harford County Director of Personnel Scott Gibson offered opposing testimony to SB 1123. Currently to enact binding arbitration, a local jurisdiction may make the case to the General Assembly or secure passage of a charter amendment. SB 1123 would authorize local jurisdictions to enact binding arbitration through a local law.
Introduced in response to a recent Court of Special Appeals decision, this legislation has effects that are both broad and retroactive. During his testimony, the bill’s sponsor, Senator Brian Frosh, indicated that the bill was overly broad and probably should be narrowed in scope. The proponents, the Maryland Fraternal Order of Police, stated their intent was to only protect binding arbitration in those jurisdictions where it has been approved by local law and agreed to draft amendments to this effect.
1 Comment | Uncategorized | Tagged: Bill Hearing, Employee Benefits and Relations, Senate Finance Committee | Permalink
Posted by Andrea Mansfield
March 24, 2010
HB 1536, sponsored by Delegate Brian McHale and several others, provides local jurisdictions and law enforcement the essential elements to do their jobs effectively. Many scrap metal bills have been introduced this year, but none provide for a statewide “floor” while giving local jurisdictions the flexibility to have stricter regulations to deal with specific problems, or reporting requirements to enable law enforcement to effectively investigate crimes.
In a press release released yesterday, Delegate McHale described these differences and explained why his bill is so important.
MACo Associate Director Andrea Mansfield was joined by numerous individuals offering supporting testimony at the hearing, including Baltimore County Executive Jim Smith, Baltimore City Councilman Bill Henry, Baltimore County Police Chief Jim Johnson, representatives from law enforcement, and the insurance industry.
Previous coverage of scrap metal legislation can be found on the MACo blog, Conduit Street.
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Posted by Andrea Mansfield
March 22, 2010
In her beginning remarks, Delegate Cheryl Glenn stated that HB 1317, Public Investment Protection Act, was introduced as a draft to generate discussion during the session and to be sent to summer study. This bill would require employers that receive as little as $250,000 in State economic development subsidies to pay employees in a broad range of employment areas (construction, building, food, grocery, and hotel) the higher of a federal prevailing wage, State prevailing wage, or 130% of the minimum wage, plus supplemental payments for fringe benefits. Employers would also be required to enter into collective bargaining agreements with labor unions and to hire construction workers through labor union hiring halls.
As indicated in MACo’s opposing testimony, HB 1317 has far- reaching policy and fiscal implications for local governments. It also imposes an unfunded mandate.
Proponents said this bill is really about paying livable wages to employees and that they want to work with interested parties during the interim. Stay tuned!
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Posted by Andrea Mansfield
March 20, 2010
MACo Associate Director Les Knapp sought amendments to HB 1301 before the House Health and Governmental Operations Committee on March 17. The bill, sponsored by Delegate Al Carr, would alter the State’s Public Information Act (PIA) to address the release of public documents in electronic format. Mr. Knapp was joined by Baltimore City Assistant Solicitor Hilary Ruley.
While Mr. Knapp supported the need to update the PIA, which was primarily designed to address paper records, he raised concerns about the handling of “metadata.” He noted that some metadata contains confidential or privileged information and that governmental agencies, and their attorneys, had an obligation to take reasonable measures to avoid the disclosure of that information. He stated that rather than have legal staff review every requested document to determine if the metadata were privileged, which would be time-consuming and costly, metadata should be exempt from inspection. Mr. Knapp also raised concerns about the bill’s handling of permissible denials, whether a custodian would have to create a new electronic record in response to a request, and language altering the existing PIA fee provisions.
At the end of the hearing, the Committee instructed the stakeholders to try to work out their concerns.
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Posted by Les Knapp
March 20, 2010
MACo Associate Director Les Knapp testified in opposition to HB 1377 before the House Environmental Matters Committee on March 17. The bill, sponsored by Delegate Steve Lafferty, would require the Maryland Department of Transportation (MDOT) to review local projects with potential regional impact, including comprehensive plans, site plan approvals, and subdivision approvals.
Mr. Knapp argued that the bill would create a costly and time-consuming process that is duplicative of the already existing process in place with the Maryland Department of Planning (MDP). MDP is already charged with reviewing and commenting on local comprehensive plans, including transportation, and solicits input from MDOT. Mr. Knapp noted that MDOT has ample opportunities to comment on local land use issues and transportation through the various boards, commissions, and task forces in which MDOT participates. Also, there is nothing currently prohibiting MDOT from directly commenting on a project to the affected local government.
MDOT also opposed the bill.
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Posted by Les Knapp
March 20, 2010
MACo Associate Director Les Knapp testified in opposition to HB 1344 before the House Environmental Matters Committee on March 18. The bill, sponsored by Delegate Pam Beidle, would extend the tolling period of State and local building permits and approvals, applying retroactively to permits or approvals issued on January 1, 2008. The bill would apply to development permits, zoning special exceptions, zoning variances, site plan approvals, development plan approvals, initial or sketch plan approvals, and any other approval or agreement associated with an application for development or subdivision. Similar legislation was passed in 2009 and HB 1344 would essentially extend the legislation.
Mr. Knapp argued that local governments should make their own decisions on whether to toll or extend their own locally issued permits. He also cited several implementation problems with the bill, including the retroactive provisions. A representative from the Chesapeake Bay Foundation joined Mr. Knapp in opposing the bill.
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Posted by Les Knapp
