MD Legislative Update - February 22, 2020

Legislative Update – February 22, 2020

          As we get closer to ‘cross-over’ date more bills are passing through one of the chambers of the MD Legislature.  Crossover date is the date that almost all the bills pass either the Senate or House of Delegates by March 16^th so they can be heard in a timely fashion in the other legislative body.  We also know now some bills that definitely will not pass this year because they received an unfavorable vote in their committee.  I am also listing those later in the report.

 I am listing the list of some of the bills that passed one of the legislative bodies this week and then other bills that I am tracking.  All bills have to be passed by the State Senate and the House of Delegates and then signed into law.

Bills That Have Made Progress

·         Rifles and Shotguns: Secondary Transactions – HB 4 /SB 208 Maryland law requires the regulation of the “sale, transfer, rental, and possession of regulated firearms, which consist of handguns and assault weapons,” However, this regulation does not currently apply to rifles and shotguns,  Under the bill, a third-party licensed gun dealer would be involved, and the transfer must be done under three conditions: The sale must be from the owner; there must be a background  and the transfer must comply with all federal and state law that would apply to the transfer. Passed House of Delegates / Senate Hearing Held

·         Repeal of Anti-Sodomy Laws:  HB 81 Repeals the crimes of sodomy and unnatural or perverted sexual practice; Passed the House of Delegates

·        Motor Vehicle and Homeowner's Insurance - Use of Claim History in Rating Policies – HB 431 / SB 470 Prohibits an insurer, with respect to private passenger motor vehicle insurance, from increasing the premium for an insured based on a homeowner's insurance claim; and prohibiting an insurer, with respect to homeowner's insurance, from increasing the premium for an insured based on a private passenger motor vehicle insurance claim.  Passed House of Delegates – Senate Hearing Held

Status of Other Important Bills

Consumer Rights

·         Bans the Use of Credit History in Rating Policies  SB 17/HB 431- Prohibits an insurer, from pricing insurance based  on the credit history of an applicant; Senate Hearing Held

·         Debt Collection – HB 365  This bill  increases the amount of money a person can keep in his/her pay check protected from a judgment. Too many people can’t buy food and clothes for their family because of the money that is taken out of their check because of debt obligations. Hearing Held

·         Lifeline Low-Cost Auto Insurance Pilot for Prince George’s and Baltimore – HB 660/SB 934 This bill lowers the minimum liability coverage for good drivers.  MD has the highest minimum liability coverage in the US. – Hearing Held

·         Medical Debt Protection Act – HB 1081  This would increase protections including ensuring that a person couldn’t lose his/her home because of medical debt. House Hearing Health and Govt Operations Feb 28

Criminal Justice

·         Maryland Second Look Act – HB 323/SB 591 This bill authorizes inmates serving a lengthy term of incarceration to file a petition for modification of sentence after serving greater than 25 years in prison.  The judge may modify the sentence if he/she determines that retention is not necessary for the protection of the public. Hearings Held

·         Pre-release Unit for Women – HB 608/ SB 682– MD has four pre-release facilities for men but none for women. House Hearing Held – Senate Hearing Feb 26

·         Taking the Governor Out of the Parole System - HB 1219/SB 817  The independent Parole Board recommends whether long term prisoners should be released but for the last twenty years Maryland’s Governors have not followed up on the recommendations of the Parole Board because of politics.  House Hearing Judiciary March 3 / Senate Hearing Judiciary Proceedings March 5

·         Possession of small Amounts of of Marijuana – HB 550 Increases from 10 grams to 1 ounce, the amount of marijuana below which possession is a civil offense, rather than a criminal offense and provides that a person may not be charged with possession with intent to distribute marijuana based solely on the possession of less than 1 ounce. House Hearing Held

Education

·        Blueprint for Maryland's Future HB 1300/SB 1100 – In 2016, the Maryland Legislature formed the Commission on Innovation and Excellence in Education, popularly known as the Kirwan Commission. The commission issued a report earlier this year with an aggressive plan to improve Maryland’s schools.  This is the bill Implementation of the plan requires increased spending of up to $4 billion per year.  The big question this year is how are we going to raise the money to fund this bill.  There are a lot of good bills that have been introduced to raise revenue.  These bills have also have to be passed to fully implement the recommendations outlined in HB 1300/SB 111. Hearings Held

o   Build to Learn Act of 2020 HB 1/SB  This bill  provides more money to repair and build schools to ease crowding and replace aging buildings The legislation authorizes the Maryland Stadium Authority to issue up to $2.2 billion in school construction bonds, beginning in fiscal 2022, giving priority to districts with the oldest buildings, the highest number of classroom trailers and the most students from poor families. Passed House of Delegates

·         Funding for HBCU Colleges  HB 1260 / SB 1043 – Requires the Governor, in each of fiscal years 2022 through 2031, to include in the annual State operating budget $57,700,000 to be allocated to certain historically black colleges and universities.  House Hearing Feb 25

Environment

·         Plastics and Packaging Reduction Act – HB 209/SB 313 Prohibits a store from distributing plastic carryout bags to a customer at the point of sale; requiring a store to charge and collect at least 10 cents for each durable carryout bag the store provides to a customer Hearings Held

·         Prohibition on Use of Chlropyrifos – HB 229/SB 300 Prohibiting the use of chlorpyrifos in the State House Hearing Held

·         Community Choice Energy – SB 315/HB 561 Allows local jurisdiction to aggregate the residents in their community to negotiate with energy providers for lower rates and a greater percentage of energy from renewable sources.  purchase energy at a lower rate. House Hearing Held

·         Banning Single Use Plastic Straws HB 296 – Prohibiting a food service business from providing a single-use plastic straw to a customer  Hearing Hearing Held

·         MTA Conversion to Electric Buses HB 432 – Mandates that new buses purchased by the state be electric powered. House Hearing Environment and Transporation – Feb 18

·         Constitutional Amendment for Environmental Right – HB 517 Enable voters to choose to amend the state’s constitution to include a right to a clean, safe and healthful environment as a way to protect individuals and communities against the worst possible cases of environmental degradation. House Hearing Environment and Transportation  Feb 19^th

·         Consideration of Environmental and Labor Concerns in Public Service Commission Rate Decisions HB 531  Requires the Public Service Commission to incorporate the evaluation of the impact of electric power plants on the environment in their decision making process.  Also, when they are considering regulating and servicing public service companies that they consider maintenance of fair and stable labor standards for affected workers. House Hearing Economic Matters – Feb 27

o   Clean Jobs Building Act - HB 1490 – Net zero standards for new government buildings and new commercial buildings by 2025

o   Coal Transition Bill – HB 1545/SB 887 Shutting down the six existing coal plants in MD while compensating employees who will lose their jobs because of the plant shutdowns  House Hearing Economic Matters – 3/5

o   Carbon Tax  HB 1543/SB 912- Establish a greenhouse gas (GHG) pollution charge on all GHG-producing substances distributed or used in the State.  House Hearing Economic Matters – 3/12

·         Climate Solutions Act of 2020  - SB 926/HB 1426- Greenhouse Gas Reduction Act Increases the greenhouse gas reductions that the State must achieve by 2030 to 60% and requires the State to achieve net-zero statewide greenhouse gas emissions by 2045 and establishes a Climate Jobs Workgroup

·         Taking Incineration out of the Renewable Portfolio Standard – HB 438 / SB 560  House Hearing Held – Senate Hearing Feb 25

·         Prohibition From Intentionally Releasing a Balloon Into the Atmosphere – SB 28 –Balloon releases are popular for celebrations and memorials. But proponents of balloon bans argue that what goes up, must come down — and the deflated balloons and strings that land miles away pose a danger to wildlife and contribute to a litter problem.  Passed the Senate 

Gambling

·         Referendum on Sports Betting – HB 169 / SB 325 –Hearings Held

           

Gun Control

·         Rifles and Shotguns: Secondary Transactions – HB 4 /SB 208 Maryland law requires the regulation of the “sale, transfer, rental, and possession of regulated firearms, which consist of handguns and assault weapons,” However, this regulation does not currently apply to rifles and shotguns,  Under the bill, a third-party licensed gun dealer would be involved, and the transfer must be done under three conditions: The sale must be from the owner; there must be a background  and the transfer must comply with all federal and state law that would apply to the transfer. Passed House of Delegates   Senate Hearing Held

·          

Health Care

·         Study on Universal Health Care – SB 228 Establishes a Commission on Universal Health Care to develop a plan for the State to establish, a universal health care program to provide health benefits to all residents of the State through a single-payer system  Senate Hearing Finance Committee Feb 19th

·        End of Life Option -  HB 643/SB 701 Allows terminally ill patients (specifically patients who have been certified as having six months or less to live) to request medication to end their lives.  There are many safeguards in this bill, such as ensuring that only the terminally ill patient can make the request; that they have to make it three separate times and then have it notarized; that a separate doctor has to certify that they qualify as terminally ill; and that the medication be self administered.  This is an option only.  It will allow those who are suffering to end their suffering. Senate Hearing Judicial Proceedings – Feb 28

·        Legalization and Taxation of Cannabis -  HB 1400

Housing

·         Housing Opportunities Made Equal Act – HB 231/SB 530 – Provides fair housing to all citizens regardless of source of income; provides additional opportunities for tenants utilizing public subsidies to live in certain neighborhoods and prohibits a person from refusing to sell or rent a dwelling to any person because of source of income;. Hearing Environment and Transportation Committee – House and Senate Hearings Held

Immigrant Justice

·         Restricting Cooperation with ICE in Civil Matters -  HB 388  Prohibits law enforcement agents from making inquiries about an individual's immigration status, citizenship status, or place of birth or transferring an individual to federal immigration authorities, without a warrant.  Hearing Held

·         Safe Areas For Immigration Enforcement – HB 403  To allow public schools, hospitals, and courthouses to draft policies that limit civil immigration enforcement activities on their premises in order to ensure these facilities remain safe and accessible to all;  Hearing Held

·         Dignity not Detention – HB 677  Phases out and eliminates existing ICE detention facilities and prevent new ones from coming to Maryland. House Hearing Judiciary Committee Feb 25th

·          

Revenue

·         Capital Gains Tax Increase – HB 222 Providing for an additional State individual income tax rate of 1% on net capital gains of individuals. House Hearing Held

•      End Ineffective Business Subsidies – HB 223 - Ends ineffective business tax credits. House Hearing Held

•      Digital Advertising Gross Revenues SB 2/HB 695 This is the first proposal introduced that produces revenue to fund the new educational initiatives proposed by the Kirwan Commission.  This bill adds a tax on digital advertising, The tax, would apply a 2.5% to 10% tax (depending on size) to businesses that make money from digital advertising. Senate Hearing  Held  

•      Taxing Electronic Smoking Devices – SB 3/HB 695 This bill will make e-cigarettes taxable (they are currently exempted) Senate Hearing Held

•      Combined Reporting HB 295- Requires large, multistate corporations to pay their fair share in corporate taxes for profits generated from subsidiaries in Maryland. House Hearing Held

·         Throwback Rule HB 473 -Requires large, multistate corporations to pay their fair share in corporate taxes for profits generated related to sales in Maryland. House Hearing Held

·         Close the pass-through/LLC loophole HB 507- Apply a 4% entity-level tax on profits over $1 million for LLCs.  LLCs are limited partnerships which do not pay a corporate business tax. House Hearing Held

·         Corporate Tax Fairness Act (Combined Reporting & Throwback) – SB 311 A combination of Combined Reporting and the Throwback rule in the same bill.  Senate Hearing Held

·         Carried Interest HB 439/SB 216- Apply a 19% state income surtax on the distributive or pro-rata share of a pass-through entity’s taxable income that is attributable to investment management services provided in the State. Senate and House Hearings Held

·         Estate Tax Giveaway Reversal HB 256- Reverses handout to wealthy given in 2014 by resetting the estate tax exemption limit at $1 million instead of $5 million. House Hearing Held

·        Sunsets All Business Tax Credits – HB 565 – This bill sets dates for certain business tax credits to end (they can always be renewed).  Many of these credits are not effective and they need to be reviewed before they are automatically renewed – House Hearing Held

·         Enabling Counties to Enact Progressive Taxes – HB 1494 – Counties are going to have to pay more money to support education.  This bill enables Counties to change their income tax from a flat tax to a progressive tax.  Counties would still have to enact legislation to implement this. House Hearing Feb 25

Social Justice

·         Sex, Gender Identity or Sexual Orientation – HB 488 -Establishes that the discovery or perception of, or belief about, another person's sex, gender identity, or sexual orientation, whether or not accurate, does not constitute legally adequate provocation to mitigate a killing  or an assault from the crime of assault.

·         Hate Crimes Act HB 5- This bill prohibits a person from inscribing or placing an item or a symbol, including nooses or swastikas, on any public or private property without express permission of the owner with the intent to threaten or intimidate Passed the House of Delegates  – Passed State Senate  (now both bills have to pass the other chamber and if there are differences between the two bills they have to be reconciled)

·          

Transportation

·         County Consent for Expansion of Toll Roads – SB 229 HB 292  - Prohibits the  State construction of new toll roads without the consent of a majority of the affected counties. Hearing House Environment and Transportation Comm.  House Hearing Held

·         Transit Safety and Investment Act -  HB 368 - Governor Hogan has been removing money from the Maryland Transit Administration for the past 5 years and they are in such dire straights that they can't afford maintenance of buses and light rail.  This bill will allow them to receive funding for all of their outstanding maintenance items. House Hearing  Held

·         Prohibition of State Funds for MAGLEV – HB 715 Prohibits the State from using any appropriation for a magnetic levitation transportation system in the State; House Hearing Appropriations Committee – Feb. 25

Workers Rights

·         Wage History Act - HB 123/SB 217    Requires an employer to provide to an applicant for employment the wage range for the position for which the applicant applied; prohibits an employer from taking negative actions against an applicant for employment because the applicant did not provide wage history or a wage range; prohibiting an employer from relying on wage history and from seeking an applicant's wage history from former employers or their agents. House Hearing Held

·         Graduate Assistant Collective Bargaining Fairness Act – HB 214 Grants collective bargaining rights to graduate assistants within the University of Maryland system, Morgan State University, and St. Mary's College of Maryland;  House Hearing Held

·        Heat Stress Standards HB 722 / SB 434  Establishes a health and safety standard  for  heat stress levels and requires employers to develop, implement, and maintain a certain excessive heat-related illness prevention plan for employees   Senate Hearing Finance – Feb 20

·         Family Medical Leave Act – HB 839/SB 539 Bill establishes a private sector family and medical leave insurance fund to provide partial wage replacement for employees who take unpaid leave to care for a new child or a family member with a serious health condition. House Hearing Feb 24

Voting Rights/Democracy Initiatives

·        Special Election to Fill a Vacancy in the General Assembly  - SB  10/HB 103 This bill requires a special election if there is a vacancy in the first year of the term.  The special election would occur on the dates of the Presidential Primary and General Election and would not cost any extra money. Passed the Senate! House Hearing Held

·         Election Law - References to Absentee Voting in Communications - Mail-In-Voting - HB0037 -  This bill requires changing the reference to Absentee Ballots to 'Mail-In' Ballots. Hearing Held

·         Election Law - Individuals Released from Correctional Facilities - Voter Registration - HB0051 – HB 568/SB91 - This bill requires correctional facilities to provide inmates who have completed their sentence with a voter registration form before releasing them and informing them that they will have the right to vote but must register to do so.  Hearing Held

·         Prohibition on Foreign Contributions to Campaigns HB34/SB87 Prohibits a foreign-based corporation from making a political contribution to a campaign or making an independent expenditure to the campaign. House Hearing Held

·         Shut the Revolving Door Act of 2020 – HB 315/SB 206 – Stops senior members of the executive branch from immediately getting jobs as lobbyists after their leave their job. Hearings Held

·         Authorizing Counties to Allow Public Financing of Local School Board Elections HB 337/SB 298  Hearing Held

o   Small Donor Incentive Act for State Legislators – HB 1494  Expands public finding to members of the General Assembly – Hearing Ways and Means Committtee – March 5

o   Prohibition on Developers Making Contributions to County Execs – HB 1544 -  There are complaints that Prince George’s County is the only County that forbids developers from making contributions to the County Executive.  This bill would make that prohibition state wide. House Hearing Environment and Transportation – Feb 24

o   Special Election to Fill a Vacancy in the General Assembly  - SB  10/HB 103 This bill requires a special election if there is a vacancy in the first year of the term.  The special election would occur on the dates of the Presidential Primary and General Election and would not cost any extra money. Passed the Senate! House Hearing Held

Local Bills                                                                      

·         Allowing the County to Charge A Fee for Use of Disposable Bags  HB 321

·         Prohibiting a State agency from acquiring or constructing any toll road, toll highway, or toll bridge in Prince George’s County unless authorized by Prince George’s County  HB 258 – Hearing Held

·         Repealing a prohibition on a develop from making a contribution to the County Executive of Prince George’s County or a slate that includes the County Executive HB 282 (This is not a bill that I support) Hearing House Ways and Means Committee Feb 27

·         Tax credits for small businesses Impacted by the Purple Lane – HB 540 /SB 645 - Creates a tax credit for a  business that is impacted by the construction of the Purple Line light rail project. The credit is equal to the amount of business income lost during the taxable year as a result of the Purple Line construction House Hearing Hold / Senate Hearing Budget and Taxation Feb 26

There is a good website that tracks bills.  You might want to look at the Maryland Legislative Coalition:  http://mdlegislative.com

Please remember, the reason I inform about these bills is so they can contact their state legislators and let them know how you feel about legislation they’re going to vote on.

General Information

If you want to know any more about any of the bills go to the Maryland General Assembly web-site:  www.mgaleg.maryland.gov    and type in the bill number.

For the first time ever, you are now able to watch video live-streaming of the House floor proceedings.  The 2020 session is a pilot, with only one in three days being live cast.

Previously, only the audio portion of the floor sessions was available online.  That meant that the only way for the public to watch floor debates was to come to Annapolis and watch in person from the floor viewing gallery.

Archives of video from prior legislative days are available on the General Assembly web-site. In addition, meetings of most committees are available online, as in past years.  To view and listen to proceedings go to the General Assembly web-site:  www.mgaleg.maryland.gov

If you want to contact your representatives in District 47 about any of the bills, you should email or call:

Senator Malcolm Augustine       Malcolm.augustine@senate.state.md.us 410-841-3745
Delegate Diana Fennell (47A)    Diana.fennell@house.state.md.us 301-858-3478
Delegate Julian Ivey (47A)         Julian.ivey@house.state.md.us      410-841-3326
Delegate Wanika Fisher (47B)   Wanika.fisher@house.state.md.us 410-841-3340

If you do not know who are your representatives, you can go to www.mdelect.net   to find out who are your elected representatives   There is also a very good smart phone application MD GOV which lists all the Delegates and Senators, their Committees and their contact numbers.

You can read all my past newsletters at my Peoples Lobbying Group web-site:  www.plg.solutions