Monday, January 6, 2025

2025 Maryland General Assembly Session Starts This Week

 2025 Maryland General Assembly Session Starts This Week

 

                The 2025 Session of the Maryland General Assembly starts this Wednesday, January 8th.  The session lasts 90 days.  In order for legislation to be signed into law, a bill has to be introduced, heard by the appropriate committee, pass the House of Delegates and State Senate with exactly the same wording and signed into law by the Governor.    

The Budget Deficit and How to Meet the Challenge

                The number one topic of the legislature will be the projected Maryland Budget Deficit over close to $3 billion.  The legislature must (as opposed to the Federal government) pass a balanced budget by the end of the legislative session.  This means that the legislature will have to cut the budget, raise new revenue or a combination of the two.

                The budget deficit is quite serious.  The total operating budget is $63 budget, so the deficit is 5% of the total budget and is projected to grow to $6 billion by 2030.  People are saying that this is a worse situation than during the recession of 2008-2009. 

                Some of the causes of the problem with the deficit have been stated as being a smaller growth in the economy compared to other states, the end of pandemic relief programs, and rising cost of Medicaid expenses.  There is also the major risk of the new Trump administration impact on Maryland.   Over 250,000 Federal workers live in Maryland (8% of the workforce) and there will be a major option.

                The Moore Administration and the legislature are looking at three options: cutting back services, using reserve funds and raising new revenue which might include closing corporate tax loopholes, fee increases, or a sales tax on services (e.g. dog walking).   The Governor has stated that he does not want to raise taxes, so we’ll see what he proposes.  His budget is to be presented on Wednesday January 15th.

 

Pre-Filed Bills

                The Legislative Session has not even started and there are over 550 bills that have been ‘pre-filed’.   While every bill that is introduced on time (there is a deadline for bill introduction) will have a hearing on the bill, the overwhelming majority of the bills introduced will not be passed or even be voted on.  Looking over the bills that were pre-filed, I picked out just a few that I personally find interesting and will be following over the next three months.  There will be a heck of lot more to follow in the next few weeks:

 

HB 37 – Declaration of Right to Organize - Delegate Vogel: - Bill states that every person employed by the state has the fundamental right to organize and bargaining.   Referred to Appropriations Committee

HB 132/SB 70 – Enabling Counties to Have Different Income Tax Brackets – Delegate Palokovich Carr/Senator Rosapepe - This would allow counties to raise the income tax  rates for higher income residents and lower the rates for lower income residents.  Referred to House Ways and Means Committee and Senate Budget and Taxation.

HB 174/SB 171 – Delegate Foley/Senator Kagan– Special Election to Fill a Vacancy – Right now all vacancies in the General Assembly are done by appointment.  This legislation would  make it that a vacancy created in the first year of the four-year session would trigger a special election during the following Presidential year (thus with no extra election costs).  House Ways and Means Committee and Senate Education, Energy and the Environment

 

HB 211/SB 166 – Allowing Graduate Assistants and Postdoctoral Associates at the University of Maryland System to form Unions – Delegate Foley/Senator Kramer – Referred to House Appropriations Committee and Senate Budget and Taxation Committee

 

 

HOW TO ADVOCATE FOR BILLS

When there is a Committee Hearing on A Bill Scheduled, it is important to contact members of 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.

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)

Thursday, January 2, 2025

New Maryland Laws Effective January 1, 2025

 Hearing Aids for Adults -  Insurers will be required to pay up to $1,400 per hearing aid for each ear every three years. If an insured patient wants a more expensive hearing aid, they will be able to pay the difference. Minors will be covered by the new law as well.

Opioid Overdose and Opioid-Related Emergency Act requires hospitals to follow specific protocol when treating opioid related emergencies. Mandates include requiring hospitals to use uniform practices for screening and diagnosing opioid emergencies. The laws will also require hospitals to refer patients who were treated for opioid emergencies to providers for further treatment before discharging them.

The So Every Body Can Move Act will require Medicaid and insurers operating in the state to cover partial or whole leg, arm and eye prosthetics, as well as their components or repairs on an annual basis. Patients may also be eligible for the replacement of their prosthetics in certain cases. Importantly, insurers won’t be able to impose a lifetime maximum for this coverage or a higher copayment or coinsurance rates than their customers have for similar benefits.

Expansion of  coverage for medical imaging screenings for breast and lung cancer. For diagnostic and supplemental breast exams using MRIs, ultrasounds and image-guided biopsies, insurers won’t be able to impose copays, coinsurance, or deductibles on patients unless enrolled in a high-deductible health plan. Patients will also be eligible for imaging in lung cancer screenings and follow-up testing, which won’t require prior authorization.

New Rules for Pet Insurance Providers rules for pet insurance providers requires insurers to disclose coverage exclusions. Though the law takes effect on the first day of the year, the Maryland Insurance Administration will be required to create informational material for veterinarians across the state by June 1.

The Maryland Road Worker Protection Act of 2024 provides higher ticket costs for speeding through a work zone.  In June, the penalty rose to $80, but the new pricing scheme effective in 2025 will depend on how much drivers go over the speed limit and if workers are present on the road during the offense. Going 12 to 15 mph over the limit, the lowest tier in the pricing structure, will result in a $60 fine without workers present and $120 if they are. The highest penalty provided by the scheme would be $1,000 for going 40 or more mph over the speed limit in a work zone with workers present. The law also expands the use of speed cameras in work zones.

 

The Housing Expansion and Affordability Act of 2024 will require local jurisdictions to allow for the development of new housing .First, the law will allow modular and manufactured homes to be built in zones designated for single-family homes, provided the home and the land meet certain requirements.

The law will also require jurisdictions to allow for greater density regardless of zoning for qualified projects. These qualified projects will necessarily entail a certain percentage of affordable housing units, depending on who owns the land, be it the state, federal government or a nonprofit, or if the land is three-quarters of a mile away from a rail station.

However, the increased density provisos won’t apply to agricultural land or land that’s being conserved. Qualified projects would also have to pass a public health assessment to be allowed to raise density.

Jurisdictions will be forbidden from imposing unreasonable requirements or limits on qualified projects in qualities like parking, height, setback or bulk.  Lastly, the law limits how many of each type of hearing a qualified project would be subject to.

Security guard licensing requirements Maryland individuals or businesses that employ one or more people for security services, or loss prevention, will be required to license those employees as security guards beginning Jan. 1. Newly designated security guard employers must also register online and submit proof of insurance with the Maryland State Police Licensing Division.

Election judge recruitment  Poll workers were in high demand this past election cycle. New laws will require the State Board of Elections to develop a marketing campaign to recruit more election judges. County employees serving as judges must also receive mandated administrative leave and compensation.

This newsletter was compiled from various news sources.

HAPPY NEW YEAR!!


Sunday, October 6, 2024

New Maryland Laws Effective October 1, 2024

Maryland Has a New Heat Standard  that requires all workers to have access to water, shade, and rest breaks when temperatures exceed 80 degrees — it joins just a handful of other states that have standards protecting workers from extreme heat. There is no federal heat standard

In Maryland, workers now must be provided with at least 32oz of water, shaded breaks, and training on the symptoms of heat illness, including prevention. The regulations apply to both indoor and outdoor worksites where the  index can be regularly in excess of 80 degrees.

When the heat index exceeds 90 degrees, workers must have ten minutes of cooled rest (taken in the AC or shade) for every two hours' worth of work.  At a 100 degree heat index, that rest period increases to fifteen minutes for every hour worked

When high heat procedures are in place, employers must monitor for heat sickness via phone or radio, the buddy system, or other alternative means.  Employers must keep written heat plans and must also include procedures for acclimatizing workers to heat.

The Occupational Safety and Health Administration reports that 50-70% of outdoor heat-related fatalities occur within the first few days of working in a warm or hot environment when the body hasn’t had time to adjust. In the thirty year span between 1992 and 2022, nearly 1,000 workers across all industry sectors have died from heat exposure according to data from the Bureau of Labor Statistics

 

Pay Transparency in Job Postings

The new pay transparency legislation enacted this year imposes an obligation on Maryland employers to include information about the wage range for any position that the employer posts in an internal or external forum.  An employer will now be required to disclose the “wage range” for a position as part of the posting and defines “wage range” as the minimum and maximum hourly rate or salary for the position as set in good faith by the employer.   

Mandatory Disclosures in Pay Statements

Maryland employers will now be required to provide specified information to employees every payday regarding their compensation. The information that employers are required to provide to employees under the new law includes:

·         The employer’s legal name as registered with the State of Maryland, as well as the employer’s address and telephone number;

·         The date of payment and the dates of the payroll period to which the payment relates;

·         The number of hours worked by the employee during the pay period (this information does not need to be included for employees who are working in positions that are exempt for purposes of the State’s overtime law);

·         The employee’s rate of pay;

·         The gross and net pay earned during the pay period;

·         The amount and name of all deductions from the employee’s pay;

·         A list of any additional types of pay being received by the employee in the paycheck, such as commissions or bonuses; and

·         If the employee is paid at a piece rate, the applicable piece rate and the number of pieces completed at each such rate.

 

Paid Family and Medical Leave Insurance Program Changes Employers can opt for a commercial or self-insured plan if they meet specific requirements. This law affects all Maryland employers with at least one employee.

HB0602 expands protections in the Equal Pay for Equal Work Law to include pay discrimination based on sexual orientation and military status, covering service members and their families.

HB38 prohibits Baltimore's Mayor and City Council from requiring new off-street parking for residential developments near public transit stations. This aims to promote the use of public transportation.

HB1032 establishes a new signage program to guide drivers to tourist attractions, enhancing travel experiences.

HB1507/SB70 mandates that the Maryland Transit Administration must assess the impact of any service cuts or cancellations on bus routes and publicly share this information ahead of public hearings.

HB43/SB316 allows licensed drivers to operate golf carts on certain roads,

HB337/SB315 increases penalties for drivers who fail to yield to cyclists in designated lanes.

HB161/SB277 allows certain individuals, including those recently released from correctional facilities, to obtain state ID cards without fees.

HB1206 establishes a Maryland-Ireland Trade Commission to enhance trade relations,

HB981 requires state services to improve accessibility for individuals with limited English proficiency.

The snakehead bill, which would christen the toothy, invasive species, nicknamed “frankenfish,” as the Chesapeake Channa. The hope is that people who would turn their noses up at a meal of snakehead might take a chance on channa.

House Bill 728 and Senate Bill 705 direct the Maryland Health Benefit Exchange to apply for a federal waiver that would let residents buy insurance on the state’s marketplace regardless of their documentation status. If approved, it could open the door for thousands of undocumented and uninsured state residents who are currently barred from using the marketplace to go there for affordable health care plans.

Another bill will shield health care providers in Maryland from liability if they help out-of-state patients obtain gender-affirming care, so long as the services provided are legal in Maryland. SB 119 also protects those who seek gender-affirming care in Maryland from being surrendered back to a state where the treatment is prohibited.

SB 35 and HB 666 will mean a few extra dollars a month for older Marylanders getting federal food assistance. The state currently gives an extra $40 a month to those aged 62 and above in the federal Supplemental Nutrition Assistance Program, or food stamps. The new law lowers the eligibility age to 60 and boosts the monthly benefit to $50 to help pay for groceries.

The Renters’ Rights and Stabilization Act  creates a state Office of Tenants and Landlord Affairs that will help tenants know their protections and legal recourse under Maryland law. It also raises certain fees in the eviction process to reduce the number of unnecessary evictions.

The Tenant Safety Act will enable multiple tenants to jointly file a complaint with the local district court and collectively put rent payments in escrow while the complaint is adjudicated.

A law creating the Center for Firearm Violence Prevention and Intervention, which will take a data-driven, public health approach to gun violence prevention in the last legislature. The center, housed in the state Department of Health, will be geared toward collaboration between state and local government agencies, hospitals and community-based violence intervention programs.

 

SB 652requires the Department of Juvenile Services to report how many juveniles in its care were shot or shot someone else, along with their ages and county of residence. That report, due by Dec. 1 every year, must describe actions taken by the agency after each incident.

Future convictions for first-degree rape will not be eligible for a decrease in prison time for good behavior under SB 1098.

The “Kids Code” laws will require default privacy settings and safety measures for children using online platforms. The law limits the collection of data,  including geolocation data, from minors by social media and other companies, as well as sale of that data, among other requirements. A similar California law has been challenged in court, but not the Maryland law – so far.

Maryland’s treasurer is now among the list of state officials who cannot solicit or receive campaign donations during legislative sessions.

Minor league ballplayers in Maryland will be exempt from state wage and hour laws under HB 702 and SB 466. The players, who are already paid under union contracts, are exempt from federal minimum wage and overtime rules, and the law extends that to state law, too.

Retailers who sell products containing kratom cannot sell products not recognized by the Food and Drug Administration or that do not meet new labeling requirements. They are also barred from marketing it to minors. Kratom, derived from an evergreen tree native to Southeast Asia, is considered a substitute for opium and can be a stimulant at low doses. At higher doses, the herbal extract can have euphoric or sedative effects.

The DRIVE Act — short for the Distributed Renewable Integration and Vehicle Electrification Act — sets guidelines for utilities to create robust charging programs for electric vehicles.

A measure long sought by public health and environmental advocates lays out how artificial turf should be removed, replaced and disposed of.

A law that sets greenhouse gas emissions limits for cement producers and manufacturers.

A law that updates the state’s Chesapeake and Atlantic Coastal Bays Critical Area Protection Program to incorporate climate resilience, environmental justice, and equity measures. The bill also requires state and local governments to update maps of so-called critical areas at regular intervals.

A law that codifies the rights of citizens to sue individuals or entities that pollute local waterways. The legislation was a reaction to a 2023 U.S. Supreme Court decision that sought to limit what constitutes a navigable waterway, making it harder for polluters to be targeted in litigation.


This material was gathered from articles in Maryland Matters and other news outlets.