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February 2011 - Maryland General Assembly Legislative Update

February 2011 - Maryland General Assembly Legislative Update

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Categories:Types, Business/Law
Published by: BCCChamber on Feb 23, 2011
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02/23/2011

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T
HE
G
REATER
B
ETHESDA
-C
HEVY
C
HASE
C
HAMBER OF
C
OMMERCE
 2011
 
MD
 
L
EGISLATIVE
S
ESSION
--S
UMMARY OF
P
OSITIONS
T
AKEN
 F
EBRUARY
22,
 
2011
 
Bill No. Title Sponsor Status Chamber Position
 
222 Prince George St., Suite 106*Annapolis, MD 21401 *  Phone 410 263 0349*Fax 410 263 3768  barbara.wilkins@hklaw.com 
 
 
T
AXES
 SB 168 HB 121 The Lorraine Sheehan Health and Community Services Act of 2011.
Increases thestate tax on alcoholic beverages from $1.50 to $10.03 per gallon for distilled spirits, from40-cents to $2.96 per gallon for wine, and from 9-cents to $1.16 per gallon for beer.87.25% of the revenues are dedicated to the developmentally disabled, addiction treatment,mental health and Medicaid.  Generates approximately $200 million and is equivalent to:30-cents per .75 liter of liquor, 10-cents per liter bottle of wine, and 5-cents per six-pack of beer.Jones-Rodwell, etal  Hubbard, et alB&T and FIN hrg2/23 at 1pm W&M and HGO3/3 at 1pm
NO POSITIONSB 305 HB 731 Corporate Income Tax-Combined Reporting.
Beginning, tax year 2012, corporationswould be subject to combined unitary reporting as the method for calculating tax liability.Pinsky, et al Ross, et alB&T
– 
2/23W&M
– 
3/10 
OPPOSESB 800 Corporate Income Tax Reform.
Affects multistate corporations by taxing:  nonbusinessincome of multistate corporations in MD if the business of the corporation is directed ormanaged in MD (some nonbusiness income is apportioned away from MD, even thoughfederal law prevents nonbusiness income from being taxed in any state other than the"home" state); and sales of goods shipped from MD and the corporation is not taxed in thestate of the purchaser because the corporation has no physical presence in that state.Benson andMontgomeryB&T2/4
OPPOSESB 798 Income Tax-Millionaires Tax-Extension of Termination Date.
Extends to TY 2014 the6.25% income tax rate on taxable income in excess of $1 million; and applies to TY 2011.Jones-Rodwell B&T2/4 
OPPOSEHB 1070 Income Tax-Millionaires Tax-Sunset Repeal.
Makes permanent the 6.25% income taxrate on taxable individual income in excess of $1 million.Ivey, et al W&M
– 
3/10 
OPPOSESB 316 Property Tax-Charter Counties-Education Funding.
Authorizes charter counties to seta property tax rate that is higher than the rate authorized under the charter or collect moreproperty tax revenues than the revenues authorized under the charter for the sole purpose of funding the approved budget of the county board of education; and requires the additionalrevenues to be appropriated to the county board and prevents a reduction in local fundingfor education below current levels.Madaleno B&T hrg 2/23 at1pm
OPPOSET
RANSPORTATION
 
Transportation Trust Fund-Financing-Use of Funds.
Constitutional Amendmentcontaining the provisions in HB 518, except: (1) allows the restoration of HUR to occur;and (2) does not restrict the General Assembly's approval of the TTF transfer to be limitedto that singular provision.Increases the gasoline tax by 10-cents per gallon, effective July 1, 2011; indexes the priceof gasoline to the construction cost index with a 1-cent limit annually, effective 2013; andincreases by 50% all vehicle registration fees (e.g. passenger auto: from $50.50 annually to$75.75; and  SUVs from $76.50 to $114.75).Garagiola, et al Frick, et alB&T
– 
3/9 @1pm W&M-3/1 @ 1pm
SUPPORT
withsuggested amendmentto separateconstitutionalamendment from taxconsiderations
 
 
T
HE
G
REATER
B
ETHESDA
-C
HEVY
C
HASE
C
HAMBER OF
C
OMMERCE
 2011
 
MD
 
L
EGISLATIVE
S
ESSION
--S
UMMARY OF
P
OSITIONS
T
AKEN
 F
EBRUARY
22,
 
2011
 
Bill No. Title Sponsor Status Chamber Position
 
222 Prince George St., Suite 106*Annapolis, MD 21401 *  Phone 410 263 0349*Fax 410 263 3768  barbara.wilkins@hklaw.com 
 
SB 324 Motor Vehicle Administration-Fee-Setting Authority-Miscellaneous Fees and VehicleEmissions Inspections Fees.
Removes the limitations on MVA from increasingmiscellaneous MVA fees and doubles the VEIP fee to $28.  Revenues in excess of MVA'soperating and capital costs and VEIP administration and enforcement costs go theTransportation Trust Fund.
 
Manno and Pugh B&T hrg 2/23 at1pm
OPPOSESB 451 Transportation-Sales and Use Tax-Funding for Mass Transit Projects.
Imposes a 4%sales tax on gasoline; distributes 25% of the sales tax revenues generated in MontgomeryCo., Prince George's Co., and Baltimore City to a Mass Transit Account in the TTF fordistribution back to the three jurisdictions based on their pro rata share to provide fundingfor new mass transit facilities specified in their transit plan; and dedicates the remaininggasoline sales tax revenues to the TTF.Manno and Miller B&T
– 
3/9 @ 1pm
OPPOSEHB 1059 Motor Fuel Tax-Rate Increase and Distribution of Revenues.
Increases the gas tax by10-cents, effective July 1, 2011, but dedicates the increase in revenues to the General Fundfor FY 12 and FY 13; and increases the gas tax by a total of 18-cents in 2-cent incrementsevery six months from Jan. 1, 2012 through July 1, 2013.Kaiser, et al W&M
– 
3/1 @1pm
OPPOSE
 
E
NERGY AND
E
NVIRONMENT
 SB 261 HB 718 Real Property-Commercial Buildings-Disclosures.
Beginning January 1, 2013, theowner or operator of a commercial building with an interior space of more than 10,000square feet shall disclose to prospective buyers and lessee of more than 2,000 square feetthe building's energy consumption using the on-line energy management tool, EPAPortfolio Manager.  The contract of sale or lease may be rescinded at any time prior toreceipt of the disclosure statement or within 5 days after receipt, including return of anydeposit.  The right to rescind is lost if not exercised within 60 days after taking possessionof the property.
As of December 19, 2010, limits the leasing by Federal agencies of officespace of more than 10,000 square feet to those buildings that have earned EPA's EnergyStar in the most recent year.
 
Frosh, et al  McIntosh, et alJPR hrg 2/22 at1pm ENV hrg 3/10 at1pm
OPPOSESB 622 Nonresidential Electricity and Gas-Energy Benchmarking and Disclosure-StateBuildings.
Requires gas and electric utilities to maintain records of energy consumptionfor each nonresidential retail customer in a format that is compatible with uploading to theEPA Portfolio Manager; and after receiving authorization from the owner or operator of anonresidential building, the utility shall upload the consumption records for the accountsthat serve the building. Requires state buildings of more than 10,000 square feet of interiorspace to be benchmarked annually, beginning in 2012. By Jan 1, 2015, the owner oroperator of a State building shall disclose to each lessee of more than 2,000 square feet thebenchmarking data/ratings for the most recent 24-month period; and after Jan 1, 2015,benchmarking data and ratings shall be disclosed to the buyer of the building, lessee of more than 2,000 square feet, and the lender that would finance the purchase or lease.Madaleno, et al FIN hrg 3/8 at 1pm
OPPOSE
 
T
HE
G
REATER
B
ETHESDA
-C
HEVY
C
HASE
C
HAMBER OF
C
OMMERCE
 2011
 
MD
 
L
EGISLATIVE
S
ESSION
--S
UMMARY OF
P
OSITIONS
T
AKEN
 F
EBRUARY
22,
 
2011
 
Bill No. Title Sponsor Status Chamber Position
 
222 Prince George St., Suite 106*Annapolis, MD 21401 *  Phone 410 263 0349*Fax 410 263 3768  barbara.wilkins@hklaw.com 
 
SB 332 HB 856 Gas Companies-Infrastructure Replacement-Surcharge.
Allows gas companies toimpose a surcharge on gas customers (maximum of $2 for residential gas customer and $5for commercial gas customer) to finance improvements in the existing infrastructure; andestablishes a new approval process by the PSC for the gas infrastructure surcharge.  PSCwithin 180 days must approve the surcharge, if the plan contains the following elements:timeline for the completion of each replacement project; estimated cost of each project; aschedule for the recovery of reasonably incurred costs associated with each project througha single surcharge; and an explanation of how the plan benefits customers and why the planis prudent and reasonable.  Surcharge costs shall be incorporated into the next base rate.
 
Garagiola, et al  Barkley, et alFIN hrg 3/8 at 1pm ECM
– 
3/9 @ 1pm 
OPPOSE
 
E
MPLOYMENT
&
 
L
ABOR
 
HB 87 SB 132 Job Applicant Fairness Act.
Prohibits an employer from using an employee's orapplicant's credit report or credit history in determining whether to hire, discharge, orotherwise determine the terms and conditions of employment.Specific employer exemptions include: (1) those required by federal or state law to inquireinto the credit report or credit history; (2) a financial institution or affiliate that acceptsfederally-insured deposits; and (3) an entity registered with the SEC as an investmentadvisor.A credit report or credit history can be used, if the employer has a "bona fide purpose" forusing the information that is "substantially job-related," and the employer makes thedisclosure in writing.Employer-related background investigations are permitted, if it: includes use of a consumerreport or investigative consumer report; is authorized under the Federal Fair CreditReporting Act; and doesn't involve investigation of credit information.Employers who violate the act are subject to an action for injunctive relief, damages, orother relief.Reznik, et al  Pugh, et alECM hrg 2/8 at1pm FIN hrg 2/10 at1pm -
OPPOSE
 
HB 341 Environment-At-Store Recycling-Plastic Carryout Bags.
Requires retail stores withover 1,000 square feet of retail space that provide plastic bags to their customers to:maintain a recycling bin at each store to collect plastic bags; make available to customersreusable bags that may be purchased; and require plastic bags to contain the words "Pleasereturn to a participating store for recycling."  A civil penalty is imposed not to exceed $250for a first violation, $500 for a second violation, and $1,000 for a subsequent violation.Local governments shall retain the civil penalties obtained through their enforcementaction, and the State shall deposit fines obtained through their enforcement action in theState Recycling Trust Fund.Lafferty ENV hrg 2/16 at1pm
OPPOSE
 
 

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