As Of Press Time, Maryland Escapes A Winter 08 Herpes Crises

All Maryland horseman breathed a sigh of relief when the tests results came back negative on January 25 for neurologic equine herpes virus (EHV-1), and the Maryland Department of Agriculture lifted the “Investigational Animal Hold Order” on Barn 7 as well as the isolated barn on the grandstand side of the Bowie Training Center. See The Equiery's February issue for the complete story and visit our News & Resources page for the latest updates.

Meanwhile, neighboring Delaware has not been quite as lucky. On January 23, the Department of Agriculture announced that a horse in the Felton/Frederica area has tested positive for EHV-1. The horse had been euthanized on January 17, at which time DDA placed the farm under a 21 day quarantine, which was lifted on February 8. During that time period, 5 additional farms were placed under quarantine pending the results from the first farm; when all results were negative, DDA released the quarantine.

The Equiery can not help but notice that DDA was a full six days behind in distributing the initial alert, unlike our own Maryland Department of Agriculture, which now issues bulletins immediately, on the same day as placing the hold orders in suspected cases of EHV-1. Kudos to MDA, for setting the standard for other states!

Maryland Legislative Session: Opened Like A Lamb
Now Roaring Like A Lion!
by Nancy Hill

Beware of a legislative session that starts off with a whimper (as I wrote in last month’'s column)! As of press time, 836 Senate bills and 1,420 House bills have been introduced totaling 2,256. This number is already 776 higher than in 2007 and 497 more than in 2006.

In addition to the large number, there are some extremely controversial bills, fortunately none of which affect Maryland’'s horse industry. Among the most controversial are abolishment of the death penalty and same-sex marriage.

Some significant legislation has also been introduced to help with the mortgage/foreclosure crisis, to collect DNA samples from people who are arrested for violent crimes and burglaries, to deal with the illegal alien problem, and to improve the environment.

The 2007 General Assembly session saw a bill passed that would simplify the permitting process for companies to put wind turbines in Maryland, specifically in Western Maryland and off the Maryland shore in the Atlantic. Public hearings have just begun and, as expected, most people and businesses in the affected areas are opposed. The Garrett County proposal would allow clearing of up to 400 mountaintop acres of state forest for the construction of 100 40-story tall wind turbines. The state has already given full or preliminary approval to three companies to build wind farms on private land in Western Maryland. Wind turbines have been known to kill thousands of birds every year. Currently, there are about 25,000 wind turbines across the country that generate approximately one percent of America’'s electricity.

Several bills have been introduced to repeal the sales tax on computer services. You may recall that I reported on this “sneak attack” by the General Assembly on the computer services industry during last November's special session.

On the “fun” side, SB 287/HB315 has been introduced that would designate the Smith Island Cake as the official state dessert. Ninety-four delegates and 35 senators are cosponsoring this legislation. As frivolous as this seems, it provides a good opportunity for legislators of both political parties, different regions and varying political views to come together for a common cause.

As a result of the Michael Vick dogfighting conviction in Virginia, bills are being introduced in Maryland that would increase penalties for dogfighting and cockfighting and increase penalties for attendance at a dogfight or cockfight.

The Maryland Horse Council is initiating a proposal to include horse farms and horse operations in the legal definition of agriculture. This will ensure participation in programs such as agricultural land preservation, drought and disaster relief, agriculture and veterinary research programs, best management incentives programs, etc. This initiative is in its infancy stages at this time but stay tuned for more information.

HB 134, Vehicle Laws –- Transporting Pets in Trucks or Trailers, would prohibit a person from transporting a pet in or on a truck or trailer on a highway unless the truck or trailer is enclosed on the sides and the top in a manner that safely prevents the pet from falling, jumping, or otherwise exiting the truck or trailer or unless the pet is confined by a device designed to safely prevent the pet from falling, jumping, or otherwise exiting the truck or trailer. For purposes of this bill, “"pet"” means a domesticated animal and excludes livestock as defined in the Agriculture Article; etc.

What's quirky about this bill is that “people” over the age of 16 are allowed by state law to ride in the back of an open truck. As one senator said, “"This means I’'ll have to put my dog in the truck cab with me and my wife in the back!”

This bill has been introduced twice in the last few years but has died in committee. The bill had a hearing in the House Judiciary Committee on February 7.

HB 227, Agriculture –- Animal Health –- Administrative Penalties, extends and alters the authority of the Secretary of Agriculture to impose certain penalties on any person who violates animal health requirements. This bill had a hearing in the Environmental Matters Committee on February 6.

HB 333/SB 509, Maryland Estate Tax –- Exclusion for Qualified Agricultural Property. This bill would exclude from the value of the gross estate the value of real or personal property that is used primarily for farming purposes by an individual who enters into an agreement to use that property for farming purposes after a decedent's death. The Senate bill is assigned to the Budget and Taxation Committee and the House bill will have a hearing in the Ways and Means Committee on February 13.

HB 378, Criminal Law –- Abuse or Neglect of Animals and Aggravated Cruelty to Animals –- Increased Penalties. This bill increases the penalties for the crime of abuse or neglect of an animal from a maximum of 90 days imprisonment and/or a fine of $1,000 to a maximum of 180 days imprisonment and/or a fine of $2,000. For the crime of aggravated cruelty to animals, the penalties increase from up to three years imprisonment and/or a fine of $5,000 to imprisonment for not less than one year and not exceeding five years and/or a maximum fine of $10,000. For the crime of aggravated cruelty to animals, the court may not suspend any part of the mandatory minimum sentence of one year. The court must order a defendant convicted of either of these crimes to participate in and pay for psychological counseling. Current law prohibits a person from overdriving or overloading an animal, depriving an animal of necessary sustenance, inflicting unnecessary suffering or pain on an animal. HB 378 had a hearing in Judiciary on January 31.

HB 537, Sales and Use Tax –- Exemptions –- Construction of Wells. The sales and use tax would not apply to a sale of equipment, machinery, or other tangible personal property that is used to dig or construct a well. This bill was introduced last year but died in committee. It is assigned to the Ways and Means Committee and is scheduled for a hearing on March 13.

HB 557, Video Slot Machines –- Revenues and Operations. The Minority Party (Republicans) introduced this bill during the special session but it died in committee. This bill would only provide funds for purses –- not for bred funds. HB 557 will have a hearing on March 13 in the Ways and Means Committee.

HB 655, Natural Resources –- Hunting Licenses –- Minimum Age, prohibits anyone under the age of 13 from getting a hunting license. This bill has been assigned to the Environmental Matters Committee where it will have a hearing on February 27.

HB 731, Creation of a State Debt –- Harford County –- Lower Susquehanna Greenway Trail Development. This bond bill has been introduced by the Harford County Delegation and would authorize a state debt not to exceed $250,000 to develop trails.

HB 840, Washington County –- Deer Hunting on Private Property –- Sundays, would allow deer hunting by bow and arrow on the last three Sundays of October and the second Sunday in November on private property. The bill adds Washington County to Dorchester, St. Mary’'s, Somerset, Wicomico and Worcester counties that already allow it. It is assigned to the Environmental Matters Committee.

HB 938, Montgomery County –- Deer Hunting on Private Lands –- Effective Date. This bill, introduced by the Montgomery County Delegation, lifts the sunset provision. In other words, Sunday deer hunting will continue indefinitely in Montgomery County. The bill is assigned to the Environmental Matters Committee.

HB 1018/SB 94, Prince George’'s County –- Property Tax Credits –- Agricultural Land Preservation Programs. This bill would require Prince George’'s County to grant a property tax credit against the county property tax imposed on land in the agricultural preservation program. HB 1018 is assigned to the Ways and Means Committee and SB 94 had a hearing in the Budget and Taxation Committee on
January 30.

HB 1289/SB 175, Maryland Estate Tax –- Exclusion for Family Farm Subject to Agricultural Preservation Easements. This legislation would exclude from the value of gross estate the value of real property that is subject to a perpetual agricultural preservation easement that has been granted to the Maryland Agricultural Land Preservation Foundation. HB 1289 is assigned to the Ways and Means Committee and SB 175 had a hearing on January 30 in the Budget and Taxation Committee.

HB 1342, Horse Racing –- Bred Fund Supplements, would require that funds from certain lottery games go into bred funds. This bill is assigned to the Ways and Means Committee.

SB 239/HB 1256, Homestead Property Tax Credit. This is actually a significant bill that will help all Maryland home owners as it repeals the current law that requires homeowners to file an application with the State Department of Assessments and Taxation in order to qualify for the homestead property tax credit. As of now, the state includes the application in the same envelope as the tax assessment. If this legislation passes, homeowners will not have to file the application –- the tax credit will be automatic as it has been in the past. SB 239 had a hearing in the Senate Budget and Taxation Committee on January 30 and HB 1256 is assigned to the Ways and Means Committee.

SB 434/HB 898, Incentives for Agriculture Act of 2008. This very comprehensive bill has been introduced by Senator Dyson and would require the Governor to include in the annual budget bill in certain fiscal years an appropriation to the Maryland Agricultural Resource-based Industry Development Corporation for the Next Generation Farmland Program. It also alters the determination of the Maryland estate tax under certain circumstances to exclude from the gross estate the value of certain agricultural property, alters some income tax credits for certain donations of certain interests in land to the Maryland Agricultural Land Preservation Foundation or the Maryland Environmental Trust. SB 434 is awaiting a joint hearing in the Budget and Taxation and Education, Health and Environmental Affairs Committees and HB 898 is assigned to the Environmental Matters Committee.

SB 486/HB 1365, State Lottery –- Lottery for Benefit of Thoroughbred and Standardbred Breeders. This bill would require the State Lottery to conduct at least one horse racing lottery each year for the benefit of the Maryland Thoroughbred Breeders Fund and the Maryland Standardbred Breeders Fund. Proceeds would be distributed as follows: 80% to the Maryland Thoroughbred Breeders Fund and 20% to the Maryland Standardbred Breeders Fund. SB 486 is assigned to the Education, Health and Environmental Affairs Committee and HB 1365 is assigned to the Ways and Means Committee.

SB 495, Homestead Property Credit –- Farm or Agricultural Use Land, would include houses that meet the following criteria: it is located on a parcel of land that is recognized by the state that is actively used for agricultural purposes; it is used as the principal place of residence by a family member or an employee of an individual who has a legal interest in the farm and would be occupied more than 9 months of a 12-month period. Also, the lot on which the house is erected would qualify. This bill will be considered by the Budget and Taxation
Committee.

SB 510, Mile Thoroughbred Racing –- Racing Days –- Additional License, is introduced by Senator Middleton of Charles County and would authorize the Racing Commission to issue an additional mile thoroughbred racing license. The bill is assigned to the Senate Finance Committee.

SB 658, Horse Racing Heritage Act. This bill creates a special fund for purse and bred fund supplements up to $2M from the State Lottery Racetrax Game. This bill was introduced as HB 1342 in 2007 but died in committee. It is jointly assigned to the Finance and Education, Health and Environmental Affairs Committees.

SB 784, Horse Racing –- Purse Dedication Account –- Allocation of Funds, changes the allocation of Thoroughbred and Standardbred funds as follows:
•from 85% to 89% to Thoroughbred purses at the Pimlico Race Course, Laurel Park, the racecourse in Allegany County, and the racecourse at Timonium; and

• "from 15% to 11% to the Maryland–- bred Race Fund.

• "from 85% to 89% to Standardbred purses at Rosecroft Raceway, Ocean Downs Race Course, and the racecourse in Allegany County, allocated based on the number of live racing days at each track location; and,
•• "from 15% to 11%to the Standardbred Race Fund.

To close on a sad note, several legislators have passed away since November. Montgomery County delegate Jane Lawton died suddenly after giving a speech; Gwendolyn Britt, a Prince George's County senator, also died suddenly; and Senator Robert Hooper of Harford County passed away after a long battle with cancer. These fine legislators will be missed by their colleagues.

Please check back next month for new legislation as well as for updates on the above bills. Remember to visit News & Resources to get up-to-date information.

©2008 The Equiery