GENERAL OVERVIEW
Thus far, 563 House Bills & Resolutions and 674 Senate Bills & Resolutions have been introduced. We can normally expect over 2500 Bills to be introduced before the Session ends on April 9. The pace for bill introductions has been slower than usual, and as the deadline is fast approaching, there is talk about extending the rules for a few extra days..
ACTIVITY THIS WEEK
Senator Delores Kelley (D. Baltimore Co.) has begun the process to introduce our Closing Protection Letter legislation in the Senate. Delegate Brian Feldman (D. Mont. Co.) has agreed to be our prime sponsor in the House. He is a senior member of the Economic Matters Committee, and a member of the Insurance Subcommittee, so he is well placed to guide the bill along the process. Look for both bills to be introduced in the coming week.
On Thursday Feb. 2nd, I monitored a hearing on HB 75 – Condo Unit Owners – Provision of Documents in the Environmental Matters committee. The sponsor, Delegate Brave boy, has a series of bills (HB 75-79) that she is working on behalf of advocates for HOA organizations. HB 75 was opposed by CAI, a condo management group, which argued that the bill goes too far and that these matters should be left as a contractual issue between the parties. The MD Bankers Assoc. proposed an amendment to strike lines 15-18 on Page 6, and lines 31-35 on Page 12. That amendment comports with the intention of the MLTA legislative committee. The bill will be taken up by the Real Property Subcommittee over the next few days, and I will attend and report back.
Gov. Martin O’Malley gave his State of the State address to a joint session of the House and Senate on February 1st. He outlined a series of his priorities, many of which were left undone from last year’s General Assembly session, such as Gay Marriage, subsidized Wind Farms off the Atlantic Coast, and limiting growth in Rural Counties by eliminating septic systems. And while he has yet to introduce legislation proposing a gas tax hike, he announced his support for applying the 6% State Sales Tax to the purchase of gasoline. That proposal sounds very similar to last year’s initiative on alcohol taxes. At today’s average gas price, that would be about 21 cents per gallon, on top of the current 23.5 cents per gallon State excise tax. This latest proposal far exceeds that which was recommended by the Governor’s special task force to study the issue last year. They “only” recommended a phase-in of 15 cents per gallon. So far, his proposal has not met with resounding support. Polls show that 75% of the public opposes even a 10 cent per gallon increase.
As part of his solution to fix the $1.1 Billion deficit, the Governor has also proposed increasing income taxes on citizens making more than $100,000 per year, (some wags call it a “tax on thousand-aires”) by reducing or eliminating various exemptions and deductions they currently enjoy, including home mortgage interest deductions. He also proposed to triple the water and sewer fee, known as the flush tax, and to apply the State sales tax to certain internet applications.
The Presiding Officers have made it clear that the Governor will have a hard sell to make the case for his plans to their members.
This coming week, the Standing Committees will continue holding bill hearings on the bills that have been introduced to date. We will be profiling the bills on a weekly basis that have any impact on MLTA members. Please let us know your thoughts on the bills outlined in the weekly reports, and whether you wish to testify at any hearings.
Important upcoming dates to be aware of:
February 3 - 24th Day — SENATE BILL INTRODUCTION DATE. Senate bills introduced after this date referred to the Rules Committee.
10 - 31st Day — HOUSE BILL INTRODUCTION DATE. House bills introduced after this date referred to the House Rules and Executive Nominations Committee
March 5 - 55th Day — Final date for introduction of bills without suspension of Rules
20 - 70th Day — Committee Reporting Courtesy Date - Each Chamber’s committees to report their own bills by this date
26 - 76th Day — Opposite Chamber Bill Crossover Date - Each Chamber to send to other Chamber those bills it intends to pass favorably
Opposite Chamber bills received after this date subject to referral to Rules Committees (Senate Rule 32(c).
April 2 - 83rd Day — Budget bill to be passed by both Chambers
9 90th Day — ADJOURNMENT “SINE DIE” (Monday at midnight)
The following Status Report contains up to date status of all of the bills that have been introduced that could have an impact on MLTA. If you hit CTRL and left click on the BLUE bill number it will link you to the information page for that bill; then click on the bill number at the top of the information page to go to the full text of the bill. Please let me know if you have any questions or concerns regarding this report or if you would like me to remove any of these bills from your profile.
2012 Regular Session bill profile information current as of February 4, 2012 - 1:22 p.m.
MLTA BILL STATUS
Current Status of Legislation
Total Number of Bills: 31
SB 78
Status as of January 18, 2012: Bill is in the Senate - First Reading Judicial Proceedings Hearing
FEBRUARY 7
1:00 p.m.
Sponsored By Senator Kelley
Entitled Real Property - Condominiums and Homeowners Associations - Foreclosure of Certain Liens Prohibited
Committee
Assignments Senate: Judicial Proceedings
SB 98
Status as of January 18, 2012: Bill is in the Senate - First Reading Judicial Proceedings Hearing
FEBRUARY 7
1:00 p.m.
Sponsored By Senators Kelley and Colburn
Entitled Real Property - Recordation - Foreclosure Sales
Committee
Assignments Senate: Judicial Proceedings
SB 123
Status as of January 18, 2012: Bill is in the Senate - First Reading Judicial Proceedings Hearing
FEBRUARY 7
1:00 p.m.
Sponsored By Chair, Judicial Proceedings Committee (By Request - Departmental - Assessments and Taxation)
Entitled Real Property - Purchase of Residential Property by Secured Party - Notice to Local Supervisor of Assessments
Committee
Assignments Senate: Judicial Proceedings
SB 135
Status as of January 18, 2012: Bill is in the Senate - First Reading Judicial Proceedings Hearing
FEBRUARY 7
1:00 p.m.
Sponsored By Senators Gladden and Frosh
Entitled Ground Leases - Registration - Failure to Register
Committee
Assignments Senate: Judicial Proceedings
SB 182
Status as of January 25, 2012: Bill is in the Senate - First Reading Budget and Taxation Hearing
FEBRUARY 8
1:00 p.m.
Sponsored By Senators Ferguson and Gladden
Entitled Tax Sales - Complaint to Foreclose Right of Redemption - Notice
Committee
Assignments Senate: Budget and Taxation
SB 194
Status as of January 24, 2012: Bill is in the Senate - First Reading Judicial Proceedings Hearing
FEBRUARY 9
1:00 p.m.
Sponsored By Senators Young, Middleton, and Montgomery
Entitled Real Property - Residential Leases - Interest on Security Deposits
Committee
Assignments Senate: Judicial Proceedings
SB 209
Status as of January 24, 2012: Bill is in the Senate - First Reading Finance Hearing
FEBRUARY 7
1:00 p.m.
Sponsored By Senator Kelley
Entitled Real Estate Settlements - Paying or Receiving Consideration - Penalties
Committee
Assignments Senate: Finance
SB 224
Status as of January 24, 2012: Bill is in the Senate - First Reading Judicial Proceedings Hearing
FEBRUARY 15
1:00 p.m.
Sponsored By Senator Gladden
Entitled Real Property - Condominiums - Rescission of Sales Contracts
Committee
Assignments Senate: Judicial Proceedings
SB 361
Status as of February 1, 2012: Bill is in the Senate - First Reading Judicial Proceedings Hearing
FEBRUARY 15
1:00 p.m.
Sponsored By Senator Shank
Entitled Real Property - Residential Leases - Interest on Security Deposits
Committee
Assignments Senate: Judicial Proceedings
SB 396
Status as of February 1, 2012: Bill is in the Senate - First Reading Judicial Proceedings No Hearing
Scheduled
Sponsored By Senator Forehand
Entitled Maryland Uniform Transfers to Minors Act - Orphans' Court
Committee
Assignments Senate: Judicial Proceedings
SB 464
Status as of February 2, 2012: Bill is in the Senate - First Reading Budget and Taxation No Hearing
Scheduled
Sponsored By Chair, Anne Arundel County Senators
Entitled County Transfer Tax - Collection
Committee
Assignments Senate: Budget and Taxation
SB 468
Status as of February 2, 2012: Bill is in the Senate - First Reading Judicial Proceedings No Hearing
Scheduled
Sponsored By Senator Edwards
Entitled Real Property - Acquisition by State Highway Administration - Unpaid Assessments
Committee
Assignments Senate: Judicial Proceedings
SB 471
Status as of February 2, 2012: Bill is in the Senate - First Reading Judicial Proceedings No Hearing
Scheduled
Sponsored By Senator Edwards
Entitled Real Property - Natural Gas and Oil Leases - Recordation Requirement - Intake Sheet
Committee
Assignments Senate: Judicial Proceedings
SB 472
Status as of February 2, 2012: Bill is in the Senate - First Reading Education Health and Environmental Affairs No Hearing
Scheduled
Sponsored By Senator Edwards
Entitled Environment - Dormant Mineral Interests - Termination by Court Order Requirements
Committee
Assignments Senate: Education Health and Environmental Affairs and Judicial Proceedings
SB 556
Status as of February 3, 2012: Bill is in the Senate - First Reading Judicial Proceedings No Hearing
Scheduled
Sponsored By Senator Getty
Entitled Real Property - Restrictions on Use of Property - Separate Parcels
Committee
Assignments Senate: Judicial Proceedings
HB 22
Status as of January 18, 2012: Bill is in the House - First Reading Environmental Matters Heard
FEBRUARY 2
1:00 p.m.
Sponsored By Delegate McMillan
Entitled Real Property - Residential Leases - Interest on Security Deposits
Committee
Assignments House: Environmental Matters
HB 75
Status as of January 18, 2012: Bill is in the House - First Reading Environmental Matters Heard
FEBRUARY 2
1:00 p.m.
Sponsored By Delegate Braveboy
Entitled Residential Property - Condominium Unit Owners or Lot Owners - Provision of Disclosure Documents
Committee
Assignments House: Environmental Matters
HB 76
Status as of January 18, 2012: Bill is in the House - First Reading Environmental Matters Heard
FEBRUARY 2
1:00 p.m.
Sponsored By Delegate Braveboy
Entitled Real Property - Common Ownership Communities - Dispute Settlement Mechanism
Committee
Assignments House: Environmental Matters
HB 77
Status as of January 18, 2012: Bill is in the House - First Reading Environmental Matters Heard
FEBRUARY 2
1:00 p.m.
Sponsored By Delegate Braveboy
Entitled Real Property - Condominiums and Homeowners Associations - Foreclosure of Certain Liens Prohibited
Committee
Assignments House: Environmental Matters
HB 78
Status as of January 18, 2012: Bill is in the House - First Reading Environmental Matters Heard
FEBRUARY 2
1:00 p.m.
Sponsored By Delegate Braveboy
Entitled Condominiums and Homeowners Associations - Payments Under Protest
Committee
Assignments House: Environmental Matters
HB 79
Status as of January 18, 2012: Bill is in the House - First Reading Environmental Matters Heard
FEBRUARY 2
1:00 p.m.
Sponsored By Delegate Braveboy
Entitled Real Property - Condominiums and Homeowners Associations - Governing Bodies
Committee
Assignments House: Environmental Matters
HB 81
Status as of January 25, 2012: Bill is in the House - First Reading Environmental Matters Hearing
FEBRUARY 9
1:00 p.m.
Sponsored By Delegates Braveboy, Barnes, Frush, and Pena-Melnyk
Entitled Real Property - Homeowners Associations - Election of Governing Body
Committee
Assignments House: Environmental Matters
HB 156
Status as of January 25, 2012: Bill is in the House - First Reading Environmental Matters Hearing
FEBRUARY 9
1:00 p.m.
Sponsored By Delegate Beidle
Entitled Real Property - Condominiums - Rescission of Sales Contracts
Committee
Assignments House: Environmental Matters
HB 177
Status as of January 25, 2012: Bill is in the House - First Reading Environmental Matters Hearing
FEBRUARY 9
1:00 p.m.
Sponsored By Delegates McIntosh, Anderson, Beidle, Clippinger, Glenn, Hammen, Lafferty, Love, Mitchell, Oaks, B. Robinson, Sophocleus, Stein, and Washington
Entitled Ground Leases - Registration - Failure to Register
Committee
Assignments House: Environmental Matters
HB 262
Status as of January 30, 2012: Bill is in the House - First Reading Environmental Matters Hearing
FEBRUARY 16
1:00 p.m.
Sponsored By Delegates Beidle, Carr, Glenn, Healey, Lafferty, S. Robinson, and Wilson
Entitled Condominiums and Homeowners Associations - Sales Contracts - Notice of Potential Special Assessments
Committee
Assignments House: Environmental Matters
HB 281
Status as of January 27, 2012: Bill is in the House - First Reading Environmental Matters No Hearing
Scheduled
Sponsored By St. Mary's County Delegation
Entitled St. Mary's County - Real Property - Exception for Prerequisites to Recording
Committee
Assignments House: Environmental Matters
HB 403
Status as of February 1, 2012: Bill is in the House - First Reading Environmental Matters Hearing
FEBRUARY 16
1:00 p.m.
Sponsored By Delegate Beitzel
Entitled Real Property - Natural Gas and Oil Leases - Recordation Requirement - Intake Sheet
Committee
Assignments House: Environmental Matters
HB 450
Status as of February 1, 2012: Bill is in the House - First Reading Environmental Matters Hearing
FEBRUARY 16
1:00 p.m.
Sponsored By Delegates Hogan, Beidle, Bobo, Carr, Glenn, Healey, Holmes, Jacobs, Lafferty, McMillan, Niemann, Norman, O'Donnell, Otto, Stein, Vitale, Weir, and Wilson
Entitled Residential Real Property Sales - Property Tax Disclaimer
Committee
Assignments House: Environmental Matters
HB 454
Status as of February 1, 2012: Bill is in the House - First Reading Environmental Matters Hearing
FEBRUARY 16
1:00 p.m.
Sponsored By Delegate Niemann
Entitled Real Property - Maryland Contract Lien Act - Foreclosures
Committee
Assignments House: Environmental Matters
HB 490
Status as of February 2, 2012: Bill is in the House - First Reading Ways and Means No Hearing
Scheduled
Sponsored By Delegate Stukes
Entitled Tax Sales - Payment to Redeem Foreclosed Property
Committee
Assignments House: Ways and Means
HB 508
Status as of February 3, 2012: Bill is in the House - First Reading Environmental Matters Hearing
FEBRUARY 23
1:00 p.m.
Sponsored By Delegates Healey and Norman
Entitled Real Property - Foreclosure - Mortgage Foreclosure Property Values Protection Act of 2012
Committee
Assignments House: Environmental Matters
Bill
Law Office of J. William Pitcher
27 Maryland Avenue
Annapolis, MD 21401
410.268.0842 office
410.268.0844 fax