SB 92
Department of Legislative Services
Maryland General Assembly
2020 Session
FISCAL AND POLICY NOTE
Third Reader
Senate Bill 92 (Chair, Education, Health, and Environmental Affairs
Committee)(By Request - Departmental - Agriculture)
Education, Health, and Environmental Affairs Environment and Transportation
Secretary of Agriculture - Weed Control Law
This departmental bill modifies specified provisions governing an agreement between the
Secretary of Agriculture and a county for cooperative efforts to control or eradicate a
noxious weed or other plant species within the county. The provisions are modified so that
they apply to an agreement between the Secretary and a county or subdivision of the State.
In addition, “subdivision of the State” is defined to include a Soil Conservation District.
Fiscal Summary
State Effect: The bill does not directly affect State finances.
Local Effect: The bill does not directly affect local government finances.
Small Business Effect: The Maryland Department of Agriculture (MDA) has determined
that this bill has minimal or no impact on small business (attached). The Department of
Legislative Services concurs with this assessment.
Analysis
Current Law: Under provisions of the Agriculture Article relating to the control and
eradication of noxious weeds in the State, the Secretary of Agriculture is authorized to
enter into agreements with a county or other political subdivision of the State, an adjoining
state, or an agency of the federal government to implement a program for the control and
eradication of a noxious weed.
Certain provisions specifically govern an agreement between the Secretary and a county.
Under those provisions, after an agreement between the Secretary and a county is executed,
the Secretary and the county may conduct surveys to determine the location and amount of
infestation of a noxious weed or other plant species within the county. Both parties may
provide technical assistance to landowners in a cooperative control or eradication program
and may effect a program of mowing, spraying, or other control or eradication practices on
any road right-of-way, drainage ditch bank, park, playground, and any other public or
private land. The agreement between the Secretary and county may be terminated by either
party on 30 days’ written notice.
Separate provisions of the Agriculture Article, governing soil conservation districts,
specify that a district constitutes a political subdivision of the State.
Background: MDA historically has entered into agreements with counties (as opposed to
other types of political subdivisions) for cooperative noxious weed control or eradication
efforts, but in 2019, the department entered into an agreement with a soil conservation
district. The bill clarifies in statute that MDA is authorized to enter into an agreement with
a soil conservation district and makes an agreement with a soil conservation district (or
other political subdivision other than a county) subject to the above-mentioned provisions
currently applicable specifically to an agreement between the Secretary and a county.
Additional Information
Prior Introductions: None.
Designated Cross File: None.
Information Source(s): Maryland Department of Agriculture; Baltimore City; Caroline,
Howard, Montgomery, and Prince George’s counties; Department of Legislative Services
Fiscal Note History: First Reader - January 9, 2020
af/lgc Third Reader - January 24, 2020
Analysis by: Scott D. Kennedy Direct Inquiries to:
(410) 946-5510
(301) 970-5510
SB 92/ Page 2
 ANALYSIS OF ECONOMIC IMPACT ON SMALL
BUSINESSES
TITLE OF BILL: Secretary of Agriculture – Weed Control Law
BILL NUMBER: Senate Bill 92
PREPARED BY: Cassie Shirk
PART A. ECONOMIC IMPACT RATING
This agency estimates that the proposed bill:
_X_ WILL HAVE MINIMAL OR NO ECONOMIC IMPACT ON MARYLAND SMALL
BUSINESS
OR
WILL HAVE MEANINGFUL ECONOMIC IMPACT ON MARYLAND SMALL
BUSINESSES
PART B. ECONOMIC IMPACT ANALYSIS
N/A
SB 92/ Page 3


Statutes affected:
Text - First - Secretary of Agriculture - Weed Control Law: 9-403 Agriculture
Text - Third - Secretary of Agriculture - Weed Control Law: 9-403 Agriculture