New Maryland Laws Effective July 1, 2023

Recreational Marijuana

Under the new state law and regulations:

• Sales for recreational cannabis use are restricted to adults 21 and older. ID will be required at the time of purchase.
• An adult may buy 1.5 ounces of raw flower or pre-rolled joints; a maximum of 12 grams of concentrated cannabis for vaping; or edibles not to exceed a total of 750 mg of THC.
• Cannabis may not be used in public or on federal property. It is illegal for drivers or passengers to use cannabis in a vehicle.
• Use of cannabis can result in a DUI charge.
• State law does not supersede workplace rules governing impairment while at work. Federal or state laws governing impairment still apply.
• Adults 21 and older may grow two plants at home, out of public view, for recreational purposes. The law limits home growth to two plants regardless of the number of adults over 21 living in the same household.

Tax cuts for veterans

The Keep Our Heroes Home Act, which goes into effect Saturday, will expand the amount of military retirement income exempt from state taxes from $15,000 to $20,000 for veterans 55 and older and from $5,000 to $12,500 for younger veterans next tax season.

Military health care reimbursement

The Health Care for Heroes Act of 2023 — another piece of legislation prioritized by Moore — also will go into effect Saturday. The new law will create a program to reimburse members of the Maryland National Guard up to $60 per month for premiums paid through health and dental plans under its TRICARE health insurance program.

Cash for body-worn cameras

During the 2021 legislative session, the General Assembly enacted a landmark package of police reform bills, including a requirement for all Maryland law enforcement agencies to outfit their on-duty officers with body-worn cameras by July 1, 2025.

But, for smaller agencies, cameras and video file storage systems are too costly.

Beginning Saturday, the Maryland Department of General Services and Department of Information Technology will be tasked with negotiating affordable contracts with companies to supply smaller agencies with the required equipment.

Title IX support

Starting Saturday, Maryland public schools will be required to inform students, parents and families about how they can file sexual misconduct complaints, what supports are in place for people who file complaints and who serves as the institution’s Title IX coordinator.

Public comments on state procurement

Beginning next week, the Board of Public Works will begin to prepare a procedure for members of the public to file comments on agenda items electronically. The system is required to be in place before Oct. 1, 2024.  The governor, comptroller and state treasurer serve on the Board of Public Works, which approves contacts for the state’s executive agencies.

Increase in Gas Tax

The state’s portion of the gas tax will be 47 cents per gallon, up from 42.7 cents, as part of an annual adjustment that links the tax to inflation.  This is because the gas tax is indexed to go up at same rate as inflation.  Governor Moore will be asking the legislature to reconsider the automatic increases in the gas tax.

Minimum Wage Increase in Montgomery County

The county's minimum wage will increase to $16.70 for people working at large employers (those with 51 employees or more). It will increase to $15 for workers at mid-sized employers, and $14.50 for those working for small employers.  Statewide, regardless of the number of employees, employers will be required to pay at least $15 per hour in January.

Primary and Secondary Education – Title IX – Notice (Hear Our Voices Act)

House Bill 16 requires each public school to provide information to students, faculty, staff and parents regarding who serves as the Title IX coordinator for the school, the process in place for filing a sexual misconduct complaint, and the support measures that are in place for filing a sexual misconduct complaint and how to access the support measures.

Nonpublic Schools and Child Care Providers - Corporal Punishment - Prohibition

House Bill 185 prohibits the State Board of Education from issuing a certificate of approval to noncollegiate educational institutions that do not have a policy prohibiting the administration of corporal punishment. This change requires regulations adopted by the State Board for the registration of family child care homes and large family child care homes and the licensing and operation of child care centers to prohibit corporal punishment.

Hunting - Snares, Traps, and Other Similar Devices - Identification Requirement

House Bill 406 makes it so that a person who is not required to be licensed or permitted under certain provisions of law to obtain a free Department of Natural Resources identification number before using a snare, a trap, or another similar device to capture wildlife.

Institutions of Higher Education - Transcripts - Prohibition on Punitive Measures Related to Student Debt

House Bill 384 prohibits higher education institutions from refusing to provide a current or former student with a transcript or taking other punitive measures regarding a student's transcript request due to the student owing a debt to the establishment.

Elevator Safety - Privately Owned Single-Family Residential Elevators - Inspection and Registration Requirements

House Bill 505 establishes that an elevator installed in a privately owned single-family residential dwelling on or after Oct.1, 2023, is subject to certain inspection and registration requirements. It is also prohibited for the Commissioner of Labor and Industry to disclose to the public any information regarding a registered elevator unit installed in a privately owned single-family residential dwelling.

Hospitals - Financial Assistance - Medical Bill Reimbursement Process

House Bill 333 develops requirements related to the reimbursement of out-of-pocket costs paid by certain hospital patients who were eligible for free care. The Commission will be authorized to impose a fine of up to $50,000 per violation if a hospital fails to provide refunds to qualifying patients; making a violation of the Act an unfair, abusive, or deceptive trade practice subject to penalties under the Maryland Consumer Protection Act; etc.

Child in Need of Assistance – Neglect – Cannabis Use

House Bill 232 alters the definition of neglect to specify that the use of cannabis by any parent or guardian is not considered neglect unless a child, or their welfare, is harmed as a direct result.

Cancer Screening - Health Insurance and Assessment of Outreach, Education, and Health Disparities

House Bill 815 requires insurers, nonprofit health service plans, and health maintenance organizations to provide coverage for certain lung cancer diagnostic imaging and limits the copayment, coinsurance or deductible that companies can require for screening and diagnosis. 

Maryland Educator Shortage Reduction Act of 2023

House Bill 1219 alters the qualifications for early childhood education teacher certification through an alternative teacher preparation program. The State Department of Education will consult with the Maryland High Education Commission to create specific goals for the recruitment and retention of teachers. Additionally, it will require that "high staff qualifications" for publicly funded eligible prekindergarten providers must be implemented by the 2027-2028 school year.

Maryland Legislative Report April 13, 2023 - End of Session

 The 2023 General Assembly is over and the bills that passed are now on the Governor’s desk to be signed.  Unlike previous years, Governor Wes Moore will probably sign almost all the bills passed since it is a Democratic controlled General Assembly. 

There were a lot of  very good bills passed.  Unfortunately, I continue to be disappointed on the lack of progress made on the issues of economic fairness (reforming our tax code), immigration rights (expanding coverage of the Affordable Care Act), labor issues (expanding collective bargaining, two person crews on freight trains), election reform (public financing of elections) and criminal justice concerns (decriminalization  of drug paraphernalia).

 

Here is just a small list of some of the important bills that passed this year. If you want to know the outcome of other bills, please let me know.

I hope you found these updates informative.  Please feel free to email me if you want to be taken off the list.

 

Consumer Protection

• Ending Debtors Prison - HB 127 Passed the House of Delegates

·         Protecting $500 in bank accounts - Exempting up to $500 in a deposit account or other accounts of a judgment debtor from execution on the judgment - SB 106

·         Emergency Management - Consumer Protections Against Price Gouging prohibits a person from selling an essential good or service for more than a specified increase in price during and after a state of emergency. HB 775

·         Prohibition On A Person Making Prank or False 911 Calls – HB 745 

·         Cannabis Reform:  The bill creates a licensing, taxing and regulatory framework for the new cannabis industry.  HB 556

Criminal Justice

·        Unnatural or Perverted Sexual Practice repeals the crime of committing an unnatural or perverted sexual practice. HB0131

·        The Child Victims Act of 2023 allows a person to file a suit for damages against an abuser “at any time” going forward. The bill, which has been introduced three times over the last four years, would also create a two year “lookback window” to allow victims previously barred from filing claims to do so during a limited period. HB1

·        Repeal of Spousal Defense in Criminal Proceedings – HB 4

·        Enables Attorney General to Investigate Police Involved Incidents Resulting in Injury – SB 290

·        Prohibiting a Police Officer from Searching a Car or Person Solely on the base of smell of marijuana – HB 1071

Economic Justice

·        Minimum Wage Expansion - $15 hour Governor’s Initiative Accelerates the timeline from 2026 to Jan 1. 2024.  Unfortunately an amendment stripped out the provision indexing the minimum wage to the cost of living SB 555

·        The Family Prosperity Act - The legislation would permanently extend the state’s Earned Income Tax Credit   The bill would also expand the state’s Child Tax Credit to cover taxpayers with children 5 and under who have a federally adjusted gross income of $15,000 or less. HB 547

·        Paid Family Leave - A bill to implement the state’s paid family and medical leave law, which was approved last year. It will require the cost of premiums for the program to be split evenly between workers and employers. The program will allow workers to take up to 12 weeks of partially paid time off to deal with family health issues.SB 828

 

Education

·        Increase in Money Available for Tax Credits for Student Debt - This bill  increases, from $9 million to $18 million, the maximum amount of student debt relief tax credits each year and  requires that  $5 million go to  graduates of historically black colleges or universities (HBCUs); (3) requires prioritization of tax credit recipients for  low income earners; and (4) extends – from two to five years the timeframe within which the individual who claims the credit must use the credit for the repayment of the individual’s eligible student loan debt.  HB 680 

·        Service Year – Provides a service year as an option for young people to learn professional schools after high school. HB 552

·        Maryland Sign Language Interpreters Act - The act would establish a licensing and regulatory system for sign language interpreters. Licensing sign language interpreters is a vital step to ensure professionally trained and certified interpreters are providing language access for Deaf and hard of hearing Marylanders. HB 260

·        Prohibition on Corporal Punishment in Private Schools prohibits the State Board of Education from issuing a certificate of approval to noncollegiate educational institutions that do not have a policy prohibiting the administration of corporal punishment HB 185

·        Maryland Educator Shortage Act 2023 – The bill, among other actions will provide financial support for college students while doing their student learning. HB 1219

Environment

 

·         The Community Solar Energy Generating Systems Pilot Program requires a community solar energy generating system to serve at least 40% of its kilowatt-hour output to low-income and moderate-income subscribers and also eliminates dual billing (from the regular energy supplier and separately from the solar supplier) which prevents low- and moderate-income homeowners from using community solar. HB 908

·         Regulating Bamboo – Bill allows counties and municipalities to regulate the upkeep and containment of bamboo.  HB 90

·         Offshore Wind Energy:  Increases Maryland’s offshore wind capacity.  The bill supports the expansion of offshore wind power by setting an offshore wind goal of 8.5 GW (billions of watts) by 2031.  HB 793/SB 781

Elections

            Ballot Pre-Processing:  Requires local board to start ballot canvassing eight day before early voting and gives voters the opportunity to fix a missing signature up to ten days after Election Day.  HB535

Gun Control

·        Maryland Police Gun Center Protective Orders ensures that local police offices collect and track guns from persons subject to a protective order.  HB 3 

·        The Gun Safety Act of 2023 prohibits a person from knowingly wearing, carrying, or transporting a firearm within 100 feet near a place of public accommodation. Such places would include hotels, movie theaters and retail stores. The current law states that a person cannot carry a firearm at places including legislative buildings, state parks, school property, and within 1,000 feet of a demonstration in a public place. SB 1  

 

Health Issues

·        Trans Health Equity Act - The bill will require Maryland Medicaid to provide coverage for additional gender-affirming treatments, which are currently disallowed in the state’s plan but commonly covered by private insurance. The expanded treatments include hormone therapy, hair alteration, voice therapy, physical alterations to the body, and fertility preservation. HB 283

·        The Medical Bill Reimbursement Process requires hospitals to reimburse indigent patients who were charged for health care when it was supposed to be free HB 333

Housing

·        Requiring Landlords to Have Valid Rental License Who Want to Evict Tenants - Bill will stop landlords who do not have an operating license from using streamlined court processes (Failure to Pay Rent, Tenant Holding Over, and Breach of Lease) from evicting tenants. HB 36   

·        Notification of Rent Increase – Landlords must inform tenants 90 days before a rental increase and 60 days before on a month to month lease.  HB 151

 

Labor

·        Enabling Union Dues to be Tax Deductible in Maryland – HB 2

           

Women’s Rights

·        The Right to Reproductive Freedom is a state constitutional amendment that codifies Roe v. Wade for Marylanders to vote on by referendum during the 2024 general election. (HB705)

 

Maryland Legislative Report - April 7, 2023

             The end of the 2023 General Assembly Session is only a few days away.

   

         Some bills have already passed and are on the way to being signed by the Governor but many bills will be passed in the last few days.  I am listing below the bills that have passed both houses in the same form and have been sent to the Governor and those that have still not passed both Houses in the same form.

             I am keeping track of over 60 bills listed below. About half of the bills have passed one house or the other and have a good chance of passing and being signed into law. Many bills did not get out of their committee and will not be passed this year.  Unfortunately, some of the major initiatives on economic justice, criminal justice, election reform and workers’ rights did not move this year, which is disappointing.

             

Here is a list of bills that have passed the General Assembly and are waiting for Governor Moore to sign:

 

·        The Right to Reproductive Freedom is a state constitutional amendment that codifies Roe v. Wade for Marylanders to vote on by referendum during the 2024 general election. (HB705)

·        Unnatural or Perverted Sexual Practice repeals the crime of committing an unnatural or perverted sexual practice. HB0131

·        The Child Victims Act of 2023 allows a person to file a suit for damages against an abuser “at any time” going forward. The bill, which has been introduced three times over the last four years, would also create a two year “lookback window” to allow victims previously barred from filing claims to do so during a limited period. (HB1)

·        Trans Health Equity Act - The bill will require Maryland Medicaid to provide coverage for additional gender-affirming treatments, which are currently disallowed in the state’s plan but commonly covered by private insurance. The expanded treatments include hormone therapy, hair alteration, voice therapy, physical alterations to the body, and fertility preservation. HB 283

·        Emergency Management - Consumer Protections Against Price Gouging prohibits a person from selling an essential good or service for more than a specified increase in price during and after a state of emergency. HB 775

·        The Medical Bill Reimbursement Process requires hospitals to reimburse indigent patients who were charged for health care when it was supposed to be free HB 333

·        Minimum Wage Expansion - $15 hour Governor’s Initiative Accelerates the timeline from 2026 to Jan 1. 2024.  Unfortunately an amendment stripped out the provision indexing the minimum wage to the cost of living SB 555

·        The Clean Trucks Act of 2023 requires the Department of the Environment to adopt regulations similar to California’s plan to allow only zero-emission medium- and heavy-duty trucks to be sold starting with the 2040 model year. SB 224

·        Energy Performance Targets and Low-Income Housing requires the State to provide energy efficiency and conservation programs and services for low-income residents by 2026.  SB0144

·        Protecting $500 in bank accounts - Exempting up to $500 in a deposit account or other accounts of a judgment debtor from execution on the judgment - SB 106

·        Enables Attorney General to Investigate Police Involved Incidents Resulting in Injury – SB 290

·        Increase in Money Available for Tax Credits for Student Debt - This bill  increases, from $9 million to $18 million, the maximum amount of student debt relief tax credits each year and  requires that  $5 million go to  graduates of historically black colleges or universities (HBCUs); (3) requires prioritization of tax credit recipients for  low income earners; and (4) extends – from two to five years the timeframe within which the individual who claims the credit must use the credit for the repayment of the individual’s eligible student loan debt.  HB 680 – Passed the House

·        Service Year – Provides a service year as an option for young people to learn professional schools after high school. HB 552

·        Requiring Landlords to Have Valid Rental License Who Want to Evict Tenants - Bill will stop landlords who do not have an operating license from using streamlined court processes (Failure To Pay Rent, Tenant Holding Over, and Breach of Lease) from evicting tenants. HB 36   

·        Repeal of Spousal Defense in Criminal Proceedings – HB 4

·        Maryland Sign Language Interpreters Act - The act would establish a licensing and regulatory system for sign language interpreters. Licensing sign language interpreters is a vital step to ensure professionally trained and certified interpreters are providing language access for Deaf and hard of hearing Marylanders. HB 260

 

            Below is the list of bills I’m following that still need to get passed.  You may want to write to get the Committee members to support the bill.  If you’re interested in supporting any of the bills here is some information on how to advocate for the bills.

            You can find out who your legislators are here. Call or send an email to your legislators using the contact information found here.  While an email is preferred, the following template provides some idea of the material you can use for a phone call or social media posting - excluding any personal information, of course! If you would like to include a short description of the bills, you can include the descriptions below. You are also encouraged to include any details of why you think this bill is important.

Dear (legislator),

My name is _________ and my address is ______________.  I am writing to let you know that the following bill(s) is(are) important to me and to all Marylanders.  I would like to request that you be a champion for these bills and help them get passed quickly.  

 Each of these bills is important for Maryland, and I support them and would like your help in getting them passed.  If you are not on the relevant committee, I would appreciate your voting for them during Session.  If you are on the relevant committee, I hope you will fight for them and support the sponsors as much as possible.

 Thank you for your consideration,

(Name)

An email, phone call, or social media posting is even more powerful if your

Thank you for your support,

 

Consumer Protection

·  Ending Debtors Prison - HB 127 Passed the House of Delegates

Criminal Justice

·         Decriminalization of Drug Paraphernalia - HB 173 Passed the House of Delegates

Economic Justice

·        The Family Prosperity Act - The legislation would permanently extend the state’s Earned Income Tax Credit   The bill would also expand the state’s Child Tax Credit to cover taxpayers with children 5 and under who have a federally adjusted gross income of $15,000 or less. HB 547 – Passed the House

·        Prohibition On A Person Making Prank or False 911 Calls – HB 745 Passed the House

Education

·         Prohibition on Corporal Punishment in Private Schools prohibits the State Board of Education from issuing a certificate of approval to noncollegiate educational institutions that do not have a policy prohibiting the administration of corporal punishment HB 185 Passed the House of Delegates

·         Maryland Educator Shortage Act 2023 – The bill, among other actions will provide financial support for college students while doing their student learning. HB 1219 – Passed the House

Environment

·         The Community Solar Energy Generating Systems Pilot Program requires a community solar energy generating system to serve at least 40% of its kilowatt-hour output to low-income and moderate-income subscribers and also eliminates dual billing (from the regular energy supplier and separately from the solar supplier) which prevents low- and moderate-income homeowners from using community solar. HB 908 Passed the House

·         Allowing People to Ride a Bicycle on a Sidewalk unless prohibited by local law. – HB 519 Passed the House

·         Regulating Bamboo – Bill allows counties and municipalities to regulate the upkeep and containment of bamboo.  HB 90 – Passed the House

Gun Control

·        Maryland Police Gun Center Protective Orders ensures that local police offices collect and track guns from persons subject to a protective order.  HB 3 Passed the House of Delegates

·        The Gun Safety Act of 2023 prohibits a person from knowingly wearing, carrying, or transporting a firearm within 100 feet near a place of public accommodation. Such places would include hotels, movie theaters and retail stores. The current law states that a person cannot carry a firearm at places including legislative buildings, state parks, school property, and within 1,000 feet of a demonstration in a public place. SB 1 Passed the Senate

 

Health Care

·        The Access to Care Act addresses critical health disparities faced by the immigrant community in Maryland by expanding the Affordable Care Act to all Marylanders who meet the regular eligibility criteria, regardless of their immigration status. This bill also begins to establish a state subsidy program to ensure that newly covered individuals have the funding to receive care. HB 588 Passed the House

Housing

·  Tenant Safety Act - Establishing that a landlord that offers a dwelling for rent is deemed to warrant the dwelling fit for human habitation; authorizing a single tenant or tenants' organization to seek remedies on behalf of a group of tenants for a landlord's failure to repair serious and dangerous defects on the leased premises HB 691 Passed the House

Labor

o   Enabling Union Dues to be Tax Deductible in Maryland – HB 2 Passed the House

 

Taxes 

·        The Effective Corporate Tax Rate Transparency Act of 2023 requires a publicly traded corporation to attach a statement identifying the corporation's effective tax rate and an explanation of the calculation of the effective tax rate. HB 39 Passed House of Delegates

 

Transportation

·        Two Person Crew -   Movement of Freight requires at least 2 crew members to operate a train. This means that if one of the crew members was to become unable to perform their duties, the train would still have an operator. (HB 352 Passed the House of Delegates