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THE GREATER BETHESDA-CHEVY CHASE CHAMBER OF COMMERCE

2011 MD LEGISLATIVE SESSION --SUMMARY OF POSITIONS TAKEN


FEBRUARY 22, 2011
Bill No. Title Sponsor Status Chamber Position
TAXES
SB 168/ The Lorraine Sheehan Health and Community Services Act of 2011. Increases the Jones-Rodwell, et B&T and FIN hrg NO POSITION
HB 121 state tax on alcoholic beverages from $1.50 to $10.03 per gallon for distilled spirits, from al 2/23 at 1pm
40-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, W&M and HGO
mental health and Medicaid. Generates approximately $200 million and is equivalent to: Hubbard, et al 3/3 at 1pm
30-cents per .75 liter of liquor, 10-cents per liter bottle of wine, and 5-cents per six-pack of
beer.
SB 305/ Corporate Income Tax-Combined Reporting. Beginning, tax year 2012, corporations Pinsky, et al B&T – 2/23 OPPOSE
HB 731 would be subject to combined unitary reporting as the method for calculating tax liability. W&M – 3/10
Ross, et al
SB 800 Corporate Income Tax Reform. Affects multistate corporations by taxing: nonbusiness Benson and B&T OPPOSE
income of multistate corporations in MD if the business of the corporation is directed or Montgomery 2/4
managed in MD (some nonbusiness income is apportioned away from MD, even though
federal 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 the
state of the purchaser because the corporation has no physical presence in that state.
SB 798 Income Tax-Millionaires Tax-Extension of Termination Date. Extends to TY 2014 the Jones-Rodwell B&T OPPOSE
6.25% income tax rate on taxable income in excess of $1 million; and applies to TY 2011. 2/4

HB 1070 Income Tax-Millionaires Tax-Sunset Repeal. Makes permanent the 6.25% income tax Ivey, et al W&M – 3/10 OPPOSE
rate on taxable individual income in excess of $1 million.
SB 316 Property Tax-Charter Counties-Education Funding. Authorizes charter counties to set Madaleno B&T hrg 2/23 at OPPOSE
a property tax rate that is higher than the rate authorized under the charter or collect more 1pm
property 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 additional
revenues to be appropriated to the county board and prevents a reduction in local funding
for education below current levels.
TRANSPORTATION
SB 714/ Transportation Trust Fund-Financing-Use of Funds. Constitutional Amendment Garagiola, et al B&T – 3/9 @1pm SUPPORT with
HB 1001 containing the provisions in HB 518, except: (1) allows the restoration of HUR to occur; suggested amendment
and (2) does not restrict the General Assembly's approval of the TTF transfer to be limited Frick, et al W&M-3/1 @ 1pm to separate
to that singular provision. constitutional
Increases the gasoline tax by 10-cents per gallon, effective July 1, 2011; indexes the price amendment from tax
of gasoline to the construction cost index with a 1-cent limit annually, effective 2013; and considerations
increases 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).

222 Prince George St., Suite 106 * Annapolis, MD 21401 * Phone 410 263 0349 * Fax 410 263 3768
barbara.wilkins@hklaw.com
THE GREATER BETHESDA-CHEVY CHASE CHAMBER OF COMMERCE
2011 MD LEGISLATIVE SESSION --SUMMARY OF POSITIONS TAKEN
FEBRUARY 22, 2011
Bill No. Title Sponsor Status Chamber Position
SB 324 Motor Vehicle Administration-Fee-Setting Authority-Miscellaneous Fees and Vehicle Manno and Pugh B&T hrg 2/23 at OPPOSE
Emissions Inspections Fees. Removes the limitations on MVA from increasing 1pm
miscellaneous MVA fees and doubles the VEIP fee to $28. Revenues in excess of MVA's
operating and capital costs and VEIP administration and enforcement costs go the
Transportation Trust Fund.
SB 451 Transportation-Sales and Use Tax-Funding for Mass Transit Projects. Imposes a 4% Manno and Miller B&T – 3/9 @ 1pm OPPOSE
sales tax on gasoline; distributes 25% of the sales tax revenues generated in Montgomery
Co., Prince George's Co., and Baltimore City to a Mass Transit Account in the TTF for
distribution back to the three jurisdictions based on their pro rata share to provide funding
for new mass transit facilities specified in their transit plan; and dedicates the remaining
gasoline sales tax revenues to the TTF.
HB 1059 Motor Fuel Tax-Rate Increase and Distribution of Revenues. Increases the gas tax by Kaiser, et al W&M – 3/1 @ OPPOSE
10-cents, effective July 1, 2011, but dedicates the increase in revenues to the General Fund 1pm
for FY 12 and FY 13; and increases the gas tax by a total of 18-cents in 2-cent increments
every six months from Jan. 1, 2012 through July 1, 2013.
ENERGY AND ENVIRONMENT
SB 261/ Real Property-Commercial Buildings-Disclosures. Beginning January 1, 2013, the Frosh, et al JPR hrg 2/22 at OPPOSE
HB 718 owner or operator of a commercial building with an interior space of more than 10,000 1pm
square feet shall disclose to prospective buyers and lessee of more than 2,000 square feet
the building's energy consumption using the on-line energy management tool, EPA McIntosh, et al ENV hrg 3/10 at
Portfolio Manager. The contract of sale or lease may be rescinded at any time prior to 1pm
receipt of the disclosure statement or within 5 days after receipt, including return of any
deposit. The right to rescind is lost if not exercised within 60 days after taking possession
of the property. As of December 19, 2010, limits the leasing by Federal agencies of office
space of more than 10,000 square feet to those buildings that have earned EPA's Energy
Star in the most recent year.
SB 622 Nonresidential Electricity and Gas-Energy Benchmarking and Disclosure-State Madaleno, et al FIN hrg 3/8 at 1pm OPPOSE
Buildings. Requires gas and electric utilities to maintain records of energy consumption
for each nonresidential retail customer in a format that is compatible with uploading to the
EPA Portfolio Manager; and after receiving authorization from the owner or operator of a
nonresidential building, the utility shall upload the consumption records for the accounts
that serve the building. Requires state buildings of more than 10,000 square feet of interior
space to be benchmarked annually, beginning in 2012. By Jan 1, 2015, the owner or
operator of a State building shall disclose to each lessee of more than 2,000 square feet the
benchmarking 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.

222 Prince George St., Suite 106 * Annapolis, MD 21401 * Phone 410 263 0349 * Fax 410 263 3768
barbara.wilkins@hklaw.com
THE GREATER BETHESDA-CHEVY CHASE CHAMBER OF COMMERCE
2011 MD LEGISLATIVE SESSION --SUMMARY OF POSITIONS TAKEN
FEBRUARY 22, 2011
Bill No. Title Sponsor Status Chamber Position
SB 332/ Gas Companies-Infrastructure Replacement-Surcharge. Allows gas companies to Garagiola, et al FIN hrg 3/8 at 1pm OPPOSE
HB 856 impose a surcharge on gas customers (maximum of $2 for residential gas customer and $5
for commercial gas customer) to finance improvements in the existing infrastructure; and ECM – 3/9 @ 1pm
establishes a new approval process by the PSC for the gas infrastructure surcharge. PSC Barkley, et al
within 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; a
schedule for the recovery of reasonably incurred costs associated with each project through
a single surcharge; and an explanation of how the plan benefits customers and why the plan
is prudent and reasonable. Surcharge costs shall be incorporated into the next base rate.
EMPLOYMENT & LABOR
HB 87/ Job Applicant Fairness Act. Prohibits an employer from using an employee's or Reznik, et al ECM hrg 2/8 at OPPOSE
SB 132 applicant's credit report or credit history in determining whether to hire, discharge, or 1pm
otherwise determine the terms and conditions of employment.
Specific employer exemptions include: (1) those required by federal or state law to inquire Pugh, et al FIN hrg 2/10 at
into the credit report or credit history; (2) a financial institution or affiliate that accepts 1pm -
federally-insured deposits; and (3) an entity registered with the SEC as an investment
advisor.
A credit report or credit history can be used, if the employer has a "bona fide purpose" for
using the information that is "substantially job-related," and the employer makes the
disclosure in writing.
Employer-related background investigations are permitted, if it: includes use of a consumer
report or investigative consumer report; is authorized under the Federal Fair Credit
Reporting Act; and doesn't involve investigation of credit information.
Employers who violate the act are subject to an action for injunctive relief, damages, or
other relief.
HB 341 Environment-At-Store Recycling-Plastic Carryout Bags. Requires retail stores with Lafferty ENV hrg 2/16 at OPPOSE
over 1,000 square feet of retail space that provide plastic bags to their customers to: 1pm
maintain a recycling bin at each store to collect plastic bags; make available to customers
reusable bags that may be purchased; and require plastic bags to contain the words "Please
return to a participating store for recycling." A civil penalty is imposed not to exceed $250
for 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 enforcement
action, and the State shall deposit fines obtained through their enforcement action in the
State Recycling Trust Fund.

222 Prince George St., Suite 106 * Annapolis, MD 21401 * Phone 410 263 0349 * Fax 410 263 3768
barbara.wilkins@hklaw.com
THE GREATER BETHESDA-CHEVY CHASE CHAMBER OF COMMERCE
2011 MD LEGISLATIVE SESSION --SUMMARY OF POSITIONS TAKEN
FEBRUARY 22, 2011
Bill No. Title Sponsor Status Chamber Position
OTHER ISSUES
MC 13-11 Montgomery County-Wine Consumption-Restaurants and Class C License Facilities. Feldman House Delegation SUPPORT
HB 544 Allows individuals to bring wine into a restaurant, if: the restaurant has an alcoholic vote 2/4
beverages license; the wine is consumed with a meal; and the license holder approves. The Approved – on to
license holder may charge a corkage fee not exceeding $25. The individual has house committee
responsibility to remove the unfinished wine and the license holder is responsible for EC – 2/28 @ 1pm
corking the unfinished wine. The wine taken off premises is subject to the "open
container" laws (cannot be stored in the passenger area of an auto). The corkage fee is
subject to the 6% sales tax. Sponsor's amendment allows corkage fee of any amount;
Reznik amendment requires customer with notice prior to corkage of a fee..
Montgomery County-Solicitation of Money or Donations from Occupants of Vehicles- Kaiser House Del. Hrg SUPPORT
HB 832 Adoption of a Permit Program. Authorizes the Montgomery County Council to enact a 2/18
MC20-11 local law requiring a person to obtain a permit to solicit or cause the solicitation of
money/donations from motorists while standing in a roadway, median, intersection or
sidewalk. Individuals under age 18 are prohibited from engaging in this activity.

For copies of any legislation, go to the Maryland General Assembly website http://mlis.state.md.us/
Click on http://mlis.state.md.us/#bill
Type in the bill number, e.g. hb1

General Assembly Adjourns Monday, April 11th at Midnight

222 Prince George St., Suite 106 * Annapolis, MD 21401 * Phone 410 263 0349 * Fax 410 263 3768
barbara.wilkins@hklaw.com