SB276/HB295 Death Penalty Repeal - Substitution of Life Without the Possibility of Parole (RSC 2), passed House and Senate                                                                                                                                          

By Doreen Rosenthal

Related Content: Death Penalty LWV Report on Legislation Maryland

HB420 Vehicle Laws – Maryland Transportation Authority – Payment of Tolls (Chair ENV, by request Dept. of Transportation) clarifies and alters procedures for unpaid electronic tolls including citations.  Passed 133-0.

Update on bills previously reported in RSC 1-4

HB393 Vehicle Laws - Driving While License Refused, Suspended, Canceled, or Revoked - Penalty (RSC 2), unfavorable report JUD

HB593 Vehicle Laws – Maximum Speed Limit – Interstate 68 (RSC 2), unfavorable report ENV

HB753 Vehicle Laws – Use of Wireless Communication Device – Prohibited Acts, Enforcement and Penalties (RSC 3), passed House on third reading.  Cross-filed SB339 passed JPR with amendments to increase fine of first offense from $40 to $75, second from $100 to $125, third and subsequent $175 with no points assessed unless an accident is involved.

HB755 Transportation – Transit Vehicle Operator – Prohibition On Use of Wireless Communication Devices (RSC 3), unfavorable report ENV

HB1142  Mass Transit – Failure to Vacate Seat Designated for Elderly or Handicapped - Penalty (RSC 4), unfavorable  report ENV

HB1382 Motor Vehicle Accidents – Victim Impact Statement (Alex's Law) (RSC 4), passed with amendments JUD

SB30 Vehicle Laws – Prohibition Against Smoking in Vehicle Containing Young Child (RSC 2), passed the Senate. Cross-filed HB528, in committee ENV

SB193 Vehicle Laws – Prohibition on Handheld Telephone Use – Primary Offense if Child is Passenger (RSC 1), unfavorable report JUD

SB715 Vehicle Laws – Lawful Status Requirement – Repeal (RSC 3), preliminary approval with amendments JPR.  Individual must show proof of paying Maryland taxes for two years or be claimed as a dependent of someone who has filed Maryland taxes, and the license does not allow one to purchase a firearm. Cross-filed HB789, favorable report with amendments JUD.

By Barbara Ditzler           

Related Content: LWV Report on Legislation Maryland Transportation

HB100 Budget Bill - FY 2014 (Speaker, by request Admin.) passed both chambers and has gone back to the House for consideration of Senate amendments.  As passed by the Senate, the Budget Bill increases state spending by 1.7% excluding federal funds and appropriations for the Rainy Day Fund but is still $663 million below the original budget recommended by the Governor.  It keeps state employees cost of living adjustment of 3% effective January 1, 2014 and the April 2014 merit increases.  Major differences between the House and Senate versions deal with public higher education (the House reduced the appropriation by about $5.1 million, the Senate restored it); the Rainy Day fund was reduced $240 million by the Senate, $75 million more than the House; the Senate reduced by $100 million the reinvestment of savings due to pension reform, leaving an appropriation of $200 million.  If the House does not concur with the Senate amendments, a Conference Committee will be formed.  If there is not agreement on the budget by April 8, the General Assembly will go into special session to discuss only the budget and the costs of the extended session.

The House passed HB1515, the Transportation Infrastructure Investment Act of 2013 (Speaker, by request of the Administration).  As amended by the House from the original proposal, each year on July 1, the motor fuel tax is to be increased by the rate of inflation using the consumer price index for all urban consumers.  Any increase cannot exceed 8% of the motor fuel tax effective in the previous year.  In addition to the inflation adjustment, a sales tax of 1% would be applied on July 1, 2013, 2% on January 1, 1015 and 3% on July 1, 2015.  If Congress does not pass legislation allowing states to tax internet sales by December 1, 2015, then the sales tax on motor fuels would increase to 4% on January 1, 1016 and 5% on July 2016.  The bill also requires the Maryland Transit Administration beginning in FY 2015 to increase fares for bus, light rail, and Baltimore Metro subway service every two years based on the consumer price index.  The maximum amount of consolidated transportation bonds is increased from $2.6 billion to $4.5 billion with the additional revenues pledged as debt service for these bonds.  Language was also added to encourage the state to maximize the use of public-private partnerships.

Update on bills previously reported in RSC 1-4

A Conference Committee has been appointed to reconcile differences between the House and Senate on HB102 Budget Reconciliation and Financing Act of 2013 (BRFA) (RSC 2).   In the Senate version, Maryland Transit Administration would be required to increase base fares based on the consumer price index for 2012 and for each subsequent three year period.  The Senate modifies the hospital assessment for Medicaid to require annual savings of up to $389.8 million starting in FY 2015, whereas the House requires this to happen in FY 2013 and 2014.   In addition, the Senate would reduce the required reinvestment of savings from pension reform to $200 million from $300 million passed by the House.

SB469/HB1246 Business Relief and Tax Fairness Act of 2013 (RSC 3), unfavorable report B&T

HB1302 Commission on Tax Policy, Reform and Fairness (RSC 4), passed with amendments       

By Barbara Hankins

Related Content: Budget Process State Revenue LWV Report on Legislation Maryland Transportation

SB542/HB730 Election Law - Polling Places - Electioneering (Young plus 3/Parrott et al.) require polling places in privately-owned buildings to be subject to the same electioneering restrictions and opportunities as polling places in public buildings.  Both chambers have passed the legislation with an amendment to include specific dates and times on which campaign signs may be placed on polling place property.  The times that campaign signs can be on polling place property vary somewhat in the final bills that passed each chamber, but this small discrepancy should be resolved in conference.

Update on bills previously reported in RSC 1-4

The Administration-sponsored legislation to improve access to voting has progressed through both houses of the legislature.  SB279 Election Law – Improving Access to Voting (RSC 4) was amended by the Senate to require the last four digits of the voter’s Social Security number when applying to register to vote online or to apply to receive an absentee ballot online and authorizes a county larger than 400 square miles to establish one additional early voting center.  The Senate also added an amendment requiring the State Board of Elections to review wait times for Maryland voters during the 2010 and 2012 elections and identify causes for wait times of over 30 minutes, and to analyze the deployment of voting equipment and staff during early voting and on Election Day.  The companion bill, HB 244, passed with additional amendments.  One amendment requires that the online ballot marking tool cannot have the capability of storing, tabulating or transmitting voter ballots by electronic means.  The amendment also requires local election boards to compare the votes cast using the online ballot marking system with the votes generated from the bar-code generated ballot, and in the case of discrepancy the ballot marked by the voter shall be counted.  Another amendment passed in the House would authorize any jurisdiction to establish one additional early voting center if the governing body of the jurisdiction agrees.  Other amendments proposed in the House were not adopted, including one that would have repealed the Motor Voter law allowing people to register to vote when obtaining a driver’s license and another that would have required a government issued ID to register to vote at same day registration.  The bill, as amended by the House, will be heard in EHEA on 3/28.  If EHEA concurs with the House amendments, that is the version that will become law.  If they do not, then the bill will go to conference.

SB171 Election Law – Special Elections – Voting by Mail (RSC 3) passed the Senate and is scheduled for a hearing in W&M on 3/28. The substantially similar HB196 passed the House and is now on its way to the Senate EHEA.  Interestingly, the bill has different requirements for holding such elections in Montgomery County, including the sending of a postage-paid envelope for the return of the ballot and the establishment of additional early voting centers.

HB220 Voters’ Rights Protection Act of 2013 (RSC 4) passed the House with amendments and will be heard in the Senate EHEA on 3/28.  Fraud is excluded from the list of prohibited actions in the amended bill.

HB427 Election Law – Absentee Ballots – Timeliness (RSC 4) passed the House 137-0 and was heard by the Senate EHEA on 3/21.

SB840 Notice of Election by Specimen Ballot (RSC 3) passed the Senate 47-0 and is schedule for a hearing in the House W&M on 3/28.

By Lu Pierson

Related Content: Election Administration Voting Rights LWV Report on Legislation Elections Absentee Ballot Early Voting Voter Registration Voting Systems Maryland

SB1029 Maryland Agricultural Certainty Program (Middleton plus 3) This bill is controversial as the Chesapeake Bay Foundation supports it, but almost all other environmental groups are opposed.  It is a ten-year program during which farmers who volunteer for the program will be exempt from further regulations.  They must take certain steps to control and report their farming practices.  The League opposed the bill’s ten-year exemption period.  Favorable report, EHEA; passed second reader.

Update on bills previously reported in RSC 1-4

HB508  Local Stormwater Management Charges-State Property (RSC 2) Passed House with amendments.  Hrg. 4/2 EHEA

HB775/SB675 Maryland Pesticide Reporting and Information Act (RSC 3) Amended in House with substitute bill establishing a Workgroup for the Act with a wide representation including legislators, environmentalists, industry, farmers and Maryland Departments of Agriculture, Health and Mental Hygiene, Natural Resources, and Environment.  The Workgroup must report by July 1, 2014 to Senate EHEA and House ENV. This is not what the League hoped for, but is some progress. Passed House.  Hrg. 3/25 EHEA

HB1086/SB576 Community Cleanup and Greening Act of 2013 (RSC 3) The House bill received a favorable vote of 17-4 in ENV, but an unfavorable report from ECM, and did not reach the House for a vote.

HB1085/SB641 Statewide Container Recycling Incentive Program (RSC 3) The “Bottle Bill” received an unfavorable report from the ENV subcommittee, and in the absence of a motion on the full committee for a favorable report, it was reported unfavorable without a vote.

By Susan Cochran

Related Content: LWV Report on Legislation Maryland ENVIRONMENT Land Use and Growth Management Solid Waste Management

SB1052/HB396 Criminal Law - Electronic Harassment of a Minor (Kittleman/Cardin et al.) make it a crime to use a computer to sexually harass a minor or cause a child or young person to fear being killed, give out information that torments the minor, or put out a real or doctored image of the minor without getting appropriate permission. Other prohibitions include: signing up a young person for a pornographic site. Certain exceptions apply to persons authorized to intercept information for law enforcement purposes and certain peaceable activities intended to express a political view.  HB396 was heard in JUD on 3/7.  Child advocates supported the bill, while the ACLU opposed it on constitutional grounds. One man testified that children need counseling, not punishment, for these behaviors. SB1052 was heard in JPR on 3/20 with testimony from parents whose children were harmed by cyber-bullying and from opponents with objections on constitutional grounds. 

Update on bills previously reported in RSC 1-4

HB245 Family Law – Substance-Exposed Newborns (RSC 2) was reported favorably by JUD and has been passed on second reading in the House.  

SB414/HB1012 Higher Education-Tuition-Waiver-Foster Care Recipients (RSC 2) received a favorable report from EHEA and passed the Senate.  Cross-filed bill is in EHEA.

HB876 Child Abuse – Failure to Report – Civil Penalty, Fund, Task Force (RSC 3) received an unfavorable report from JUD

SB570/HB897 Professional Licensing and Certification Governing Bodies – Child Abuse Mandated Reporter Training and Discipline (RSC 3) was heard without opposition in JPR. Representatives of child advocacy groups testified that with the exception of the dentists, mandated professional groups do not have training in what to report and how to make them. A Department of Social Services requested the addition of reporting child neglect to the areas that require training. 

SB215 Criminal Law-Human Trafficking–Victims Under Age 21 (RSC 3) passed in the Senate and will be heard in House JUD on 3/26.

SB861/HB478 Committing a Crime of Violence in the Presence of a Minor (RSC 3) was heard on 3/20 in JPR. Proponents argued for the bill on the basis of the harm witnessing violence does to children. Those opposed said the harm to individual children must be demonstrated.  No progress on cross-filed bill.

HB1480 Family Law-Unattended Child Under the Age of Three (RSC 4), no hearing date set

HB1186 Task Force on the Prevention of Child Abuse and Neglect (RSC 4), no action

By Debbie Ehrenstein

Related Content: Administration of Justice LWV Report on Legislation Maryland Children and Families