“Last Day” Issues Wrap Up

April 12, 2011

As reported yesterday by MACo, a number of issues with county effect remained in play prior to the midnight deadline for the General Assembly session.  Below is an overview of how each of those bills ultimately played out:

Maintenance of Effort – As reported yesterday, three bills were awaiting  final action. MACo supported HB 44 and SB 53 as a legislative initiative, to expand and balance the process for considering county MOE waiver requests —and both bills stalled in the Senate Budget and Taxation Committee. Status:  The bill that passed, HB 869,  delays the “penalty” for any county missing MOE but denied its waiver – withholding funds in the subsequent year, rather than the immediate year. The bill will become effective June 1, 2011.

Semiannual Payment Schedule for Business PropertyHB 463, was amended by the Senate to apply to businesses with property taxes that do not exceed $100,000.  The House concurred with the amendments and the bill passed and will become effective October 1 and will apply to all taxable years beginning June 30, 2012.

Ambulance Service Providers and Assignment of Benefits SB 154, which would require health insurers to reimburse an ambulance provider (must be owned, operated, or under the jurisdiction of a political subdivision or a volunteer fire company or rescue squad) directly for covered services passed both chambers.

Public Access to Electronic Records:  HB 37 / SB 740 alters the State’s Public Information Act (PIA) to address the release of public documents in electronic format.  The bill will require the State and local governments to provide records in a searchable and analyzable electronic format where possible.  Governments have the authority to remove “metadata” before providing an electronic document.  MACo supported the bill.  Status:  SB 740 passed with a 2013 sunset that was added by the Senate.  The House initially rejected the addition of a termination date but later receded from its demand.  HB 37 did not pass.

Open Meetings Act Complaints:   HB 48, which was requested by the Open Meetings Compliance Board, sets a 1-year time limit for a person to bring an open meetings complaint before the Board.  It also requires local governments to post their meeting notices online and also physically post them at a publicly accessible location.  Finally, it repeals the requirement of a written notice.  MACo supported the bill.  Status: The Senate altered the 1-year time limit to 5 years but the House has rejected the Senate change.  The two sides were unable to resolve their differences and the bill failed.

Waste-To-Energy as Preferred Renewable EnergyHB 1121 / SB 690 would move waste-to-energy from a Tier 2 source to a Tier 1 source (a more favorable position) within the State’s Renewable Energy Portfolio Standard.  MACo supported the bill.  Status:  The House amended the both HB 1121 and SB 690 to also include refuse-derived fuel as a Tier 1 source.  The Senate accepted the amendment and passed SB 690.  HB 1121 did not pass.

Funding for School Aid, School Construction and DDA Wait List - SB 994/HB 1213 increase the tax on the sale of alcohol from 6% to 9 %.  The bills are in slightly different posture.  SB 994 provides $15 million to fund the Developmental Disabilities Administration waiting list, while HB 1231 provides $47.5 million for school construction projects across the State.   As specified in the budget, funds from this revenue increase are also being used for additional school aid in Baltimore City and Allegany, Garrett, and Prince George’s Counties.

Uses of Local Program Open Space Funds SB 421 extends the recently expired practice of allowing a local government that has attained its POS land acquisition goals to use all of its POS funds on recreational facilities and projects.  MACo supported the bill.  Status:  The bill passed the Senate and encountered difficulties in the House.  MACo drafted amendments that specified that 25 percent of the funds could only be used for the following purposes:  (1) land acquisition; (2) repair or renovation of existing recreational facilities or structures; and (3) capital renewal projects (projects necessary to preserve the physical integrity of a facility or structure or to integrate two different phases of a phased-development project).  Both the House and the Senate passed the bill with the MACo amendments.

Unauthorized Signs on Highway Rights-of-WayHB 289/SB 410 would authorize removal of improperly placed signs on highway rights-of-way by state or local authorities, and authorize a civil action to recover costs of their removal or disposal.  MACo supported the bill because it would assist in the beautification of public roadways and provide reasonable authority for state and local governments to remove improperly placed signs.  Status: Both bills passed and will become effective October 1.

Towing Task Force Legislation: HB 356/SB 570 would implement the recommendations of the Task Force to Study Motor Vehicle Towing Practices. MACo raised concerns with language that stated that a motor vehicle towing and storage lienor may not sell the motor vehicle to which the lien is attached unless the lienor is licensed by the local jurisdiction.  MACo suggested that this language be amended to clarify that it only applies to those local jurisdictions that currently license towers, retaining the bill’s intended incentives, without a local mandate.  This amendment was not adopted.  Status: both bills died in conference committee on the last day of the session.

Motor Carrier Permits for Local Public Transportation Systems: HB 431/SB 402 would exempt a public transportation system established under the public laws of a county government or municipal corporation from the motor carrier permit required for a passenger motor vehicle used in the transportation of persons for hire.  Currently, local transportation systems are regulated by local government, the PSC, the MTA, and the Federal government depending upon the sources of funding used for operations.  MACo supported this bill to streamline and create efficiencies in the process.  MACo did however,  seek an amendment so the bill would also apply to local governments that entered into contractual arrangements with non-profit entities to manage and operate transportation systems on their behalf.  Status: SB 402 passed with MACo’s amendment and will become effective October 1.

Direct Deposit of Wages HB 233/SB 484 would authorize counties and municipal corporations to pay employees’ wages by direct deposit.  Status: The final version of the bill that passed (HB 233) would require direct deposit as a condition of employment and provide an opt-out for those individuals who do not have a bank account.  In addition, the bill was amended to grandfather those jurisdictions that currently may require direct deposit through a collective bargaining agreement, personnel regulation or local law.

Concussion Education and Treatment: HB 858 and SB 771 require school systems and youth sports programs to provide information about concussions to athletes, their parents or guardians, and coaches.  An athlete suspected of having a concussion or other head injury must be pulled from practice or play until cleared by a licensed health care provider.  MACo supported the bills with amendments that would clarify the bill’s notice and education requirements for local parks and recreation departments.  The amendments also clarify information that must be provided by youth sports programs when using school or local government-owned recreational facilities.  Status:  HB 858 and SB 771 were amended to become identical bills.  Both bills passed with the MACo amendments.


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