Tuesday, July 2, 2024

New Maryland Laws Effective July 2, 2024

Nearly 450 bills that passed the General Assembly and were signed into law by Governor Moore will become law at the beginning of next month. Here’s a look at several:

·         Ticket Scalping! Senate Bill 539 will regulate the electronic ticketing industry by banning the speculative sale of tickets. A ticket seller will have to be in physical possession of a ticket, own it or be under contract to resell it. It will also require electronic ticket marketplaces to disclose the total price of tickets, including fees and taxes, and provide a breakdown of fees that contribute to the full cost.

·         Grants for Technology Start-ups the Pava LaPere Legacy of Innovation Act will establish two grant programs in honor of a 26-year-old Baltimore entrepreneur who was killed last year. The first will provide funding for college student entrepreneurs who have established businesses in Baltimore, Columbia and Towson. The other program is for students and faculty at local universities who are creating technology startup companies.

·         Ankle Monitors Senate Bill 1095 will create a work group to study the cost and availability of ankle monitors for people placed on home detention ahead of trial. The legislation was drafted after the Maryland judiciary announced with little warning that a program providing funds for home monitoring devices for low-income Marylanders ran out of money. The program restarted in late February and is anticipated to run through June 30, 2025.

·         Grants to Help End Poverty:  The Engaging Neighborhoods, Organizations, Unions, Governments, and Households, or ENOUGH Act    The law will provide grants of up to $500,000 for proposals submitted by community organizations in areas where more than 20% of children live in poverty.

·         Correctional Ombudsman Senate Bill 134/House Bill 297 will establish an office of the correctional ombudsman to investigate administrative misdeeds, inspect prisons, and review physical and mental health care services in Maryland’s correctional system. The office will also evaluate any plans to renovate or close facilities, education and job programs, and policies on restrictive and protective housing.

·         Ban on Legacy Preferences Senate Bill 543/House Bill 4 will prohibit colleges that receive state funding from considering legacy or donor preferences when reviewing admissions applications. Universities in Maryland and across the country began revisiting their admission preferences after the U.S. Supreme Court struck down affirmative action in college admissions last year.

·         Availability of Contraception for College Students Senate Bill 527/House Bill 367 will require community colleges to create plans to provide over-the-counter contraception to students. The plans must be implemented by Aug. 1, 2025.

·         Home Delivery of Alcoholic Beverages - Senate Bill 456/House Bill 808 will establish local permits to allow for the delivery of alcoholic beverages from businesses authorized to sell them. Delivery drivers can apply for these licenses at their jurisdiction’s licensing board. The annual fee for the permit is $1,000.

·         Ban on Indoor Vaping Senate Bill 244/House Bill 283 will prohibit people from vaping in indoor public spaces, on transit and at workplaces. This legislation is a revision to the Clean Indoor Air Act, which banned cigarette smoking in certain places in Maryland in 2007.

·         Increase in Car Registration Fees:  Maryland drivers will have to pay about 60 percent more to register their vehicle. For a typical passenger car, drivers will have to pay $110 per year for their Maryland plates. Currently, Marylanders pay $135 to register their vehicles for two years.

·         Stop sign monitoring systems in Prince George’s County. Prince George’s County will be authorized to place automated enforcement systems, such as stop sign cameras, in school zones. Owners or drivers of a motor vehicle that are recorded failing to stop at a stop sign will be subject to a citation and further civil penalties under certain circumstances.

·         Noise abatement monitoring systems in Prince George’s and Montgomery counties. Both counties are establishing a pilot program to use noise abatement monitoring systems to enforce motor vehicle noise requirements. This will require counties to publish the systems’ locations on its website before activating a monitoring system.

·         New taxes and fines. . The fine for drivers who speed in work zones is increasing from the current $40, to a range of $60 to $500 depending on how much the driver went above the speed limit. The sales tax on a pack of cigarettes will increase by $1.25, to $5, and the sales tax on electronic cigarettes and vapes will rise from 12 percent to 20 percent.

·         Financial Compensation for People Wrongly Convicted Senate Bill 890/House Bill 1086 will change the circumstances under which people who have been wrongly convicted can seek financial compensation from the state. Under the new law, a person can seek compensation from the Maryland Board of Public Works under the following circumstances:

o   they received a full pardon from the governor,

o   an administrative law judge ruled the person did not commit the offense they were convicted of,

o   their conviction was reversed or vacated, and the charges were dismissed,

o   they were found not guilty on retrial, or

o   The order reversing or dismissing their conviction does not allow the case to be tried again.

·         Service members. A law being implemented next week will allow preference in hiring and promotion for spouses of service members.  The executive branch of state government must also apply a credit of 10 points on any selection test for eligible spouses and veterans. Another would expand military leave and disaster service leave for uniformed service officers from 15 to 30 days.

·         Refunding of tuition due to mental health crisis Another law being put into place regarding higher education next week is the Cameron Carden Act, named after a student who experienced mental distress after seeing racist graffiti at his university. This led him to drop out before the semester ended. Maryland universities must now accept mental health as a formal reason to withdraw, and students will receive a refund.

·         Credit on Deer Meat:   Individuals can now claim a credit from income tax for certain expenses if they harvest an antlerless deer and donate its meat to certain organizations.

·         Metro Fare Increase:  Metro fares are increasing by 12.5 percent. The maximum rail fare will increase from $6 to $6.75. Base rail and base bus fares will increase from $2 to $2.25. Late-night and weekend charges will increase from a flat $2 charge to $2.25 or $2.50, depending on trip distance. Maximum fees for MetroAccess — the paratransit service for people who cannot use bus and rail systems — will increase from $4 to $4.50.

 

 

[Most of this material was gathered from the Baltimore Sun, Baltimore Banner and Washington Post]

Thursday, April 11, 2024

2024 Maryland General Assembly Session Ends - Hundreds of Bills Sent to the Governor for His Signature

 The 2024 Legislative Session is now over.  Hundreds of bills passed the General Assembly.  Since the Governor is a Democrat and the General Assembly is Democratic controlled, the Governor will undoubtedly sign almost all of the bills that were passed.  Unfortunately, a lot of good bills did not make it to the finish line.


Here are a few of the bills that I have been following that passed the General Assembly.  If you're interested in any bills other than the ones listed here, please send me an email.

 


Bills Sent to The Governor

 

Criminal Justice

 

HB 338 – Facial Recognition – Police use of facial recognition technology would be limited to investigations of violent crimes and other serious offenses. 

 

HB814/SB744 – Juvenile Law Reform – Passed Both Houses in Different –  This is a very long and complex bill.  Here is one write up of the bill:  https://www.marylandmatters.org/2024/03/02/legislative-notes-house-approves-juvenile-justice-bill-after-fiery-debate-aid-in-dying-stalled-electricity-bill-advances

 

Education

 

HB 785 – Freedom to Read Act – The bill establishes a State policy that local school systems operate their school library media programs consistent with a set of state standards; requiring each local school system to develop a policy and procedures to review objections to materials in a school library media program; prohibiting a county board of education from dismissing, demoting, suspending, disciplining, reassigning, transferring, or otherwise retaliating against certain school library media program personnel for performing their job duties consistent with certain standards.

 

HB 1441 – Early Childhood Education – Bill creates a career ladder for early childhood teachers with alternative pathways for pre-K providers.

 

 

Elections

 

SB 480 The Protecting Election Officials Act - creates a new misdemeanor charge in state election law for threats against election officials or their families.

 

HB 4 – Prohibition on Consideration of Legacy or Donor Preference for Maryland’s public higher education institutions.

 

Environment

 

HB 457 – Synthetic Turf-Chain of Custody - Requiring the Department of the Environment to establish a system to track the chain of custody of synthetic turf installed on sports and playing fields; requiring the custodian of a synthetic turf sports or playing field in the State to report chain of custody information to the Department by January 1, 2025, or within 30 days after the completion of the installation, whichever is later; requiring a producer or seller of synthetic turf to disclose to a customer certain maintenance and cost information and reporting requirements –

 

Gun Control

 

HB 810 – Prohibition of Switch/Auto Sear – This bill prohibits the use of a Glock switch or any other auto-sear device in Maryland.


HB 947 - Gun Industry Accountability Act - The Bill gives the Attorney General the authority to sue firearms manufacturers and gun dealers.

 

Health

 

HB 328 Access to Hospital Care  - The bill will (1) Prohibit private hospitals in Maryland from using asset tests to make financial assistance determinations, and (2) Prohibit private hospitals in Maryland from restricting patient eligibility for financial assistance based on geographic determinants, including place of residency.

 

HB 576 Mental Health Emergency Evaluation and Involuntary Admission Procedures and Assisted Outpatient Treatment This bill is an omnibus behavioral health bill that would allow court-ordered outpatient treatment for individuals with severe mental illness who are not compliant with treatment and whose lack of compliance poses a potential danger to themselves or others.

HB 805 – Cannabis Zoning –  Bill would limit local zoning authority on where cannabis dispensaries can open. The bill  would prohibit jurisdictions from adopting ordinance requirements that are more restrictive than those for stores that sell alcohol. 

 

Housing

 

HB 538 —The Housing Expansion and Affordability Act - The bill incentivizes the construction of highly targeted new housing. The bill proposes modernizing local land use law; expedite and simplify approval for transit-oriented development; allow for development on former state-owned complexes; and allow housing development by nonprofit organizations.

 

 

Immigration

 

HB 728– 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.   

 

Health

 

SB 119/– Legally Protected Health Care – Gender Affirming Treatment This Bill Alters the definition of "legally protected health care" to include certain gender-affirming treatment, including medications and supplies,

 

 

SB 197 – Homecare Workers Employment Act – ensuring that home care workers are properly classified as employees and not independent contract –

 

Labor

 

HB 189 - Homecare Workers Employment Act of 2024 –-Bill ensures that home care workers are properly classified as employees and not independent contract. 

 

HB 609- Library Workers Empowerment Act– Allows library workers throughout Maryland to have collective bargaining rights (not all counties allow unions to negotiate with management). 

 

HB 649 – Wage Rate Transparency Bill – Requires employers to include wage ranges on job postings/employment listings.

 

 

LGBTQ Rights


SB0119- Gender Affirming Care Protection Act, - Senator Lam extends current shielding protections that protect reproductive health care to cover gender-affirming care. This is necessary to prevent harassment occurring in other states.

 

HB 602 – Employment Discrimination – Sexual Rights – Expands the current Equal Pay for Equal Work to include nondiscrimination on the basis of sexual orientation.

 

 

Renters

 

SB 162 – Limitation on Liability for Rent –Limits a special needs tenant's liability for rent to no more than 2 months' rent after the date on which the tenant vacates a leased premises.

 

HB 693 - The Renter’s Rights Stabilization Act – This is an omnibus bill that creates an Office of Tenant Rights responsible for providing renters with information about their rights under law and creating a tenant’s bill of rights; attempts to lower evictions by increasing the eviction filing fee and preventing it from being passed on to renters; mandating the reduction of security deposits from two months’ rent to one month; gives renters the right to purchase their home if it’s being sold; prioritizes families with children under 5 years old and pregnant women in the state’s new rental voucher program.

 

HB1117 – Tenant Safety Act This bill will make the “rent escrow” process more accessible to renters and groups of renters who want to hold their landlord accountable for severe conditions of disrepair that threaten life, health, or safety. Landlords who fail to make repairs will face significant financial penalties.

 

SB 370 - Community Schools - Rental Assistance for Community School Families Program and Fund

 

Transportation

 

HB 513 - The Maryland Road Worker Protection Act Administration This bill would increase work zone speed camera fines from $40 to $290 and impose a $1,000 fine for offenders with three or more citations. The bill also eliminates the need for cameras to be manned. Fines collected would fund highway and work zone safety programs.  

Wednesday, April 3, 2024

A Few Bills Have Passed Both Chambers and Been Sent to the Governor


There is less than a week to go before the end of the 2024 General Assembly Session.  A few of the bills I am following have passed the both chambers in identical form and have been  sent to the Governor for his signature.  But most of the bills still must pass both chambers in identical form and still need to make it across the ‘finish line’.  A lot can happen in the next 5-6 days but if you care about any of the bills, now is the time to write your legislators

 

I am listing first those bills that still have been sent to the Governor and then those bills that have to be passed by both chambers in identical form  and could use some effective pushing.

 

Bills that have to ‘cross the finish line’:  The bill must be voted out of Committee and then pass the other chamber with the exact same language.  So, if a bill is amended in the other chamber, it must go back to the first chamber and be amended in the same fashion.  When the two chambers disagree on the amendments, they form a Conference Committee to hopefully settle the differences.  All this must be done by midnight on Monday April 8th or else the bill will not pass.  Governor Moore still has to sign the legislation, but it is expected that he will sign almost all the bills since the General Assembly is controlled by the Democrats.

 

 

You can find who your legislators are by clicking on the following link:  https://mgaleg.maryland.gov/mgawebsite/Members/District.

 

It is important to contact members of the Committee where the Bill has been assigned.  The General Assembly website lists all the committees, the members of each committee and their contact information.  Go to the main page (https://mgaleg.maryland.gov/mgawebsite) and click on the Committees tab.

 

Passed both Chambers and Have Been Sent to the Governor to Be Signed

 

Education

 

HB 785 – Freedom to Read Act– Library material could not be removed because of the author’s background, origin or views, or for partisan, ideological or religious reasons. 

 

Immigration

 

HB 728– 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.   

 

Health

 

SB 119/– Legally Protected Health Care – Gender Affirming Treatment  Alters the definition of "legally protected health care" to include certain gender-affirming treatment, including medications and supplies,

 

 

SB 197 – Homecare Workers Employment Act –Senator Ellis - ensuring that home care workers are properly classified as employees and not independent contract –

 

 

Renters

 

SB 162 – Limitation on Liability for Rent –Limits a special needs tenant's liability for rent to no more than 2 months' rent after the date on which the tenant vacates a leased premises.

 

 

 

 

Passed the House of Delegates or the State Senate

 

Criminal Justice

 

SB 132 – Life Imprisonment – Medical Leave –Senator Carter – Prohibits the Governor from overruling the Parole Board if they recommend medical leave – Passed the Senate -Referred to Judiciary Committee

 

HB 73, Expungement - Completion of SentenceDelegate Bartlett This bill would reduce the time that a person would have to wait to file a petition to have his/her record expunged. Passed the House – Referred to Senate Judicial Proceedings Committee

 

HB 338 – Facial Recognition – Delegate Moon – Police use of facial recognition technology would be limited to investigations of violent crimes and other serious offenses.  Passed the House – Referred to the Judicial Proceedings Committee

 

HB814/SB744 – Juvenile Law Reform – Passed Both Houses in Different – Speaker Jones and Senate President Ferguson - This is a very long and complex bill.  Here is one write up of the bill:  https://www.marylandmatters.org/2024/03/02/legislative-notes-house-approves-juvenile-justice-bill-after-fiery-debate-aid-in-dying-stalled-electricity-bill-advances

The two versions of the bill must be reconciled.  Referred to Judiciary and Judicial Proceedings Committees

 

Education

 

SB 1145 – Child Sex Offenders – Prohibition on In School Attendance – Senator Salling - Closing a loophole in current law, this legislation would prohibit children on the juvenile sex offender registry from attending public or private schools with other students. Local school boards would be tasked with providing alternative schooling options for those children to continue their education. Passed the Senate –

 

 

 

Elections

 

SB 480 The Protecting Election Officials Act - Administration— creates a new misdemeanor charge in state election law for threats against election officials or their families. Passed the Senate – Referred to Judiciary Committee

 

SB 29, Special Elections – Filling General Assembly Vacancies Senator Kagan Bill allows for special elections instead of appointments for legislators. Given that Maryland has a high percentage of appointed legislators vs legislators who have been voted in by their constituents, this will allow for a more representative government. Someone appointed in the first year of the four-year term would have to run for an election in the next presidential primary and general election (this way it would not cost any more money to run a special election. Passed the Senate – Referred to Ways and Means Committee

 

HB  347 – Change in Vacancy Procedures – Delegate Palakovich Carr – The bill includes provisions requiring that interviews to fill a vacancy and a subsequent vote by a political committee be conducted in public, along with ensuring that the existence of a vacancy and meetings scheduled to discuss it are advertised “in a conspicuous manner.” If a member of the committee applies for the position, they must recuse themselves from voting for it. Passed the House – Referred to Education, Energy and Environment Committee

 

 

Environment

 

SB 970/HB 1214 - Energy Storage Systems – Income Tax Credit and Grant Program – Sunset Extension  Would extend for two years limited state tax credits for solar battery storage. Integral part of residential renewable energy system particularly important for fast EV charging – Passed the Senate – Referred to House Economic Matters Committee

 

HB 836 – Delegate Edelson - The Transportation and Climate Alignment Act would require the Maryland Department of Transportation (MDOT) and regional transportation planning agencies to measure and mitigate any increases in climate pollution and vehicle traffic caused by planned highway expansion projects over $10 million.  Passed the House – Referred to Budget and Taxation Committee

 

HB 457 – Synthetic Turf-Chain of Custody – Delegate Lehman - Requiring the Department of the Environment to establish a system to track the chain of custody of synthetic turf installed on sports and playing fields; requiring the custodian of a synthetic turf sports or playing field in the State to report chain of custody information to the Department by January 1, 2025, or within 30 days after the completion of the installation, whichever is later; requiring a producer or seller of synthetic turf to disclose to a customer certain maintenance and cost information and reporting requirements – Passed the House of Delegates – Referred to Education, Environment and Energy Committee

 

 

Health

 

HB 328 Access to Hospital Care - Delegate Lopez - The bill will (1) Prohibit private hospitals in Maryland from using asset tests to make financial assistance determinations, and (2) Prohibit private hospitals in Maryland from restricting patient eligibility for financial assistance based on geographic determinants, including place of residency. Passed the House of Delegates. Referred to the Senate Finance Committee

 

HB 673 – Delegate Embry– Prohibiting the creation of a lien on owner-occupied residential property by contract or as a result of a breach of contract for the payment of medical debt. Passed Out of Committee – Referred to Judicial Proceedings Committee

 

HB 576 Mental Health Emergency Evaluation and Involuntary Admission Procedures and Assisted Outpatient Treatment This bill is an omnibus behavioral health bill that would allow court-ordered outpatient treatment for individuals with severe mental illness who are not compliant with treatment and whose lack of compliance poses a potential danger to themselves or others. Passed the House – Referred to Finance Committee

HB 1194– Safe Staffing Act of 2024 – Delegate Wells Requires each hospital licensed in the State to establish and maintain a clinical staffing committee and to implement a clinical staffing plan; Passed the House – Referred to Finance Committee

 

HB 805 – Cannabis Zoning – Delegate Wilson – Bill would limit local zoning authority on where cannabis dispensaries can open.  It would limit the minimum buffer between dispensaries to 2,000 feet.  Passed the House of Delegates – Referred to the Finance Committee

 

Housing

 

SB 484 and HB 538 —The Housing Expansion and Affordability Act House Speaker and Senate President— The bill incentivizes the construction of highly targeted new housing. The bill proposes modernizing local land use law; expedite and simplify approval for transit-oriented development; allow for development on former state-owned complexes; and allow housing development by nonprofit organizations. Hearings Held – This is the exception to the rule because it is the Governor’s initiative. They will make a special effort to get this bill passed.

 

 

 

Labor

 

HB 609- Library Workers Empowerment Act Delegate Solomon – Allows library workers throughout Maryland to have collective bargaining rights (not all counties allow unions to negotiate with management.  Passed the House of Delegates – Referred to Finance Committee

 

 

HB 189 - Homecare Workers Employment Act of 2024 – Delegate Robyn Lewis -Bill ensures that home care workers are properly classified as employees and not independent contract.  Passed the House of Delegates – Referred to Senate Finance Committee

 

LGBTQ Rights


SB0119- Gender Affirming Care Protection Act, - Senator Lam extends current shielding protections that protect reproductive health care to cover gender-affirming care. This is necessary to prevent harassment occurring in other states. Passed the Senate.  Referred to House Health and Government Operations Committee

 

Renters

 

HB1117 – Delegate Stewart This bill will make the “rent escrow” process more accessible to renters and groups of renters who want to hold their landlord accountable for severe conditions of disrepair that threaten life, health, or safety. Landlords who fail to make repairs will face significant financial penalties. – Passed the House – Referred to Judicial Proceedings

 

HB 477Just Cause Evictions Delegate Wilkins – Allows local jurisdictions to require a just cause basis for landlords to either refuse to renew or to cut off month to month or week to week leases.  Passed the House of Delegates – Referred to Judicial Proceedings

 

SB 370 - Community Schools - Rental Assistance for Community School Families Program and Fund –Senator Hettleman – Passed the Senate – Referred to the House Ways and Means Committee

 

HB 693 - The Renter’s Rights Stabilization Act – Administration Bill is an omnibus bill that creates an Office of Tenant Rights responsible for providing renters with information about their rights under law and creating a tenant’s bill of rights; attempts to lower evictions by increasing the eviction filing fee and preventing it from being passed on to renters; mandating the reduction of security deposits from two months’ rent to one month; gives renters the right to purchase their home if it’s being sold; prioritizes families with children under 5 years old and pregnant women in the state’s new rental voucher program. Passed the House of Delegates – Referred to Judicial Proceedings

 

Revenue

 

HB 352 – Budget Reconciliation and Financing Act – Speaker – This is a supplementary budget bill that has to pass both Houses.  Combined Reporting (a bill to eliminate a corporate tax loophole) is part of the amended bill.  Still in Committee. By law it has to pass.  Whether Combined Reporting stays in the bill remains to be seen. It will be reviewed by a Conference Committee form the Senate and the House

 

HB 1319 – Internet Gaming – This bill would put a referendum on the ballot to allow internet gambling.  Passed the House of Delegates

 

Transportation

 

HB 513 - The Maryland Road Worker Protection Act Administration House Speaker and Senate President This bill would increase work zone speed camera fines from $40 to $290 and impose a $1,000 fine for offenders with three or more citations. The bill also eliminates the need for cameras to be manned. Fines collected would fund highway and work zone safety programs.  Passed the House of Delegates – Referred to Budget and taxation.

 

HB 1070 – Toll Fee Expansion - Delegate Korman – Basically a toll hike for out of state drivers. An attempt to raise $75 million for transportation projects Passed the House of Delegates – Referred to the Budget and Transportation Committee

 

SB 1065 - Surcharge on Electric Vehicles – Senator Guzzone – EV owners would pay an annual $100 surcharge.  The concept is that EV owners don’t pay the gas tax but still use the roads that have to be maintained.  Passed the Senate – Referred to the Environment and Transportation Committee

 

HB 1526/SB 1198 - Maryland PORT Act - An emergency aid program for thos affected by the Key Bridge Collapse 

 

The bills above have passed one house but not the other. They still have to be passed by the other.  Many of the bills may not pass and are signed into law.  If you care about one or many of these bills, contact your legislators.

 

You can find who your legislators by clicking on the following link:  https://mgaleg.maryland.gov/mgawebsite/Members/District .

 

It is important to contact members of the Committee to ask that the bill be voted out by the Committee.  The General Assembly website lists all the committees, the members of each committee and their contact information.  Go to the main page (https://mgaleg.maryland.gov/mgawebsite ) and click on the Committees tab. 

 

 

 

HOW TO ADVOCATE FOR THESE BILLS

Call or send an email to your legislators using the contact information found.   Here is where you can find out who are your Delegates and Senator:  https://mgaleg.maryland.gov/mgawebsite/Members/District

If you would like to include a short description of the bills, you can include the descriptions shown above. 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 the 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)