SYNOPSIS
House Bills and Joint Resolutions
2009 Maryland General Assembly Session
January 30, 2009
Schedule 13
PLEASE NOTE: February 13 – Bill introduction deadline.
All bills must be given to the Chief Clerk by 5:00 P.M. on Thursday,
February 12.
As required by House Rule 32(b), bills introduced after this date will
be referred to the House Rules and Executive Nominations
Committee.
HOUSE BILLS INTRODUCED JANUARY 29, 2009
HB 284 Delegates Schuh and Minnick
ELECTION LAW – LEGISLATIVE DISTRICTING AND
APPORTIONMENT COMMISSION
Proposing an amendment to the Maryland Constitution that changes the
process of legislative districting and apportionment in the State by
establishing a Legislative Districting and Apportionment Commission;
providing for the membership, qualifications, chair, and duties of the
Commission; requiring the Commission to establish rules and procedures
subject to the State laws governing open meetings and public records;
requiring the Court of Appeals to make determinations regarding the
redistricting plan; etc.
CONSTITUTIONAL AMENDMENT
Maryland Constitution, Art. III, § 5 - repealed and added
Assigned to: House Rules and Executive Nominations
Department of Legislative Services
90 State Circle, Annapolis, Maryland 21401–1991
Baltimore Area: 410–946–5400 –– Washington Area: 301–970–5400
Other Maryland Areas: 1–800–492–7122 –– Maryland Relay Service: 1–800–735–2258
Schedule 13, Page 2 HOUSE OF DELEGATES January 30, 2009
HB 285 Delegate Waldstreicher, et al
CRIMINAL LAW – CONTROLLED DANGEROUS SUBSTANCES –
PENALTIES
Changing penalties for specified drug possession offenses based on the
amount of drugs involved.
EFFECTIVE OCTOBER 1, 2009
CR, § 5-601 - amended
Assigned to: Judiciary
HB 286 Delegate Jameson, et al
CRIMINAL PROCEDURE – REPORTS TO “CRIME SOLVERS”
ORGANIZATION – INADMISSIBILITY AND CONFIDENTIALITY
Establishing that evidence of a communication or information contained in
the communication between an individual reporting alleged criminal activity
to a specified “Crime Solvers” organization and the individual who accepts
the report is not admissible in a court proceeding; establishing that a law
enforcement agency that receives information concerning alleged criminal
activity from a “Crime Solvers” organization may not disclose the identity of
the individual who provided the information; etc.
EFFECTIVE OCTOBER 1, 2009
CP, §§ 11-1101 through 11-1103 - added
Assigned to: Judiciary
HB 287 Delegate Beidle, et al
REAL PROPERTY – CONDOMINIUMS – REPAIR OR REPLACEMENT
OF UNIT BY COUNCIL OF UNIT OWNERS
Clarifying that the council of unit owners of a condominium is responsible for
the repair or replacement of condominium units, exclusive of improvements
and betterments installed in units by unit owners other than the developer, in
the event of damage or destruction of the condominium; providing that the
owner of the unit where damage originated is responsible for the council of
unit owners’ property insurance deductible up to $10,000; etc.
EFFECTIVE OCTOBER 1, 2009
RP, §§ 11-108.1 and 11-114 - amended
Assigned to: Environmental Matters
January 30, 2009 HOUSE OF DELEGATES Schedule 13, Page 3
HB 288 Delegate Rosenberg, et al
LILLY LEDBETTER FAIR PAY RESTORATION ACT OF 2009
Clarifying that an unlawful employment practice with respect to
discrimination in compensation occurs when a specified decision or practice
is adopted, when an individual becomes subject to the decision or practice, or
when an individual is affected by the decision or practice; authorizing the
recovery of back pay for up to 2 years preceding the filing of a complaint
where the unlawful employment practice is similar or related to a specified
other employment practice; etc.
EFFECTIVE OCTOBER 1, 2009
SG, §§ 20-607 and 20-1009(b)(5) - added and §§ 20-607 and 20-608 -
amended
Assigned to: Health and Government Operations
HB 289 Delegate Proctor
ATTORNEY GENERAL – STATE LEGAL BUSINESS – HIRING
COUNSEL
Increasing uniformity in exceptions to specified roles of the Attorney General
or a designee of the Attorney General; and authorizing an officer or unit of
State government to employ or be represented by specified individuals under
specified circumstances.
EFFECTIVE OCTOBER 1, 2009
SG, § 6-106 - amended
Assigned to: Judiciary
HB 290 Southern Maryland Delegation
AGRICULTURE – AGRICULTURAL PRESERVATION EASEMENTS –
RENEWABLE ENERGY GENERATION
Authorizing a landowner whose land is subject to an agricultural preservation
easement to use the land for the generation of power or heat from solar or
wind energy under specified circumstances; and making the Act an
emergency measure.
EMERGENCY BILL
AG, § 2-513(b)(1) - amended
Assigned to: Environmental Matters and Economic Matters
Schedule 13, Page 4 HOUSE OF DELEGATES January 30, 2009
HB 291 Delegate Stukes, et al
MARYLAND CONSOLIDATED CAPITAL BOND LOAN OF 2008 –
MARYLAND INDEPENDENT COLLEGE AND UNIVERSITY
ASSOCIATION – SOJOURNER–DOUGLASS COLLEGE
Amending the Maryland Consolidated Capital Bond Loan of 2008 to permit
the Board of Trustees of Sojourner–Douglass College to include in kind
contributions in the required matching fund for a specified grant.
EFFECTIVE JUNE 1, 2009
Chapter 336 of the Acts of 2008, § 1(3) Item ZA00(M) - amended
Assigned to: Appropriations
HB 292 The Speaker (By Request – Administration), et al
FINANCIAL INSTITUTIONS – MORTGAGE LENDERS AND
MORTGAGE LOAN ORIGINATORS
Altering provisions of law regulating mortgage lenders and mortgage loan
originators to conform to the requirements of the federal Secure and Fair
Enforcement for Mortgage Licensing Act of 2009; requiring applicants for
mortgage lender and mortgage loan originator licenses and licensees to
provide specified information and pay specified fees to the Nationwide
Mortgage Licensing System and Registry; etc.
EFFECTIVE JULY 1, 2009
FI, Various Sections - amended, added, and repealed
Assigned to: Economic Matters
HB 293 The Speaker (By Request – Administration) (Task Force to Combat
Driving Under the Influence of Drugs and Alcohol), et al
VEHICLE LAWS – REPEATED DRUNK AND DRUGGED DRIVING
OFFENSES – SUSPENSION OF LICENSE
Requiring the Motor Vehicle Administration to suspend for a specified period
the driver’s license of a person who has been convicted of specified drunk and
drugged driving offenses within a specified time period after a conviction for
specified drunk and drugged driving offenses.
EFFECTIVE OCTOBER 1, 2009
TR, § 16-205(e)(2), (3), and (4) - amended
Assigned to: Judiciary
January 30, 2009 HOUSE OF DELEGATES Schedule 13, Page 5
HB 294 The Speaker (By Request – Administration), et al
SMART, GREEN, AND GROWING – LOCAL GOVERNMENT
PLANNING – PLANNING VISIONS
Revising the State Economic Growth, Resource Protection, and Planning
Policy and visions; requiring local jurisdictions to submit a specified report
every 2 years on or before July 1 to the Department of Planning; requiring the
Department to publish a specified report every 2 years on or before January 1;
authorizing specified local jurisdictions to establish a program for the transfer
of development rights within a priority funding area for specified purposes;
etc.
Preliminary analysis: local government mandate
EFFECTIVE OCTOBER 1, 2009
SF, § 5-7A-01 - amended and Art. 66B, §§ 1.01, 10.01, and 11.01 - amended
Assigned to: Environmental Matters
HB 295 The Speaker (By Request – Administration), et al
SMART, GREEN, AND GROWING – ANNUAL REPORT – SMART
GROWTH MEASURES AND INDICATORS AND IMPLEMENTATION
OF PLANNING VISIONS
Requiring specified local planning commissions to include information about
smart growth measures and indicators in a specified report; exempting
counties or municipal corporations that issue fewer than 50 building permits
per year; requiring exempt jurisdictions to provide specified documentation;
requiring the Department of Planning to adopt specified regulations; requiring
the Task Force on the Future for Growth and Development to make specified
recommendations; etc.
EFFECTIVE JUNE 1, 2009
Art. 66B, §§ 1.02, 2.13, and 3.09 - amended and § 3.10 - added
Assigned to: Environmental Matters
HB 296 The Speaker (By Request – Administration), et al
FAMILY LAW – PROTECTIVE ORDERS – SURRENDER OF
FIREARMS
Making it mandatory, rather than discretionary, for a final protective order to
order the respondent to surrender to law enforcement authorities any firearm
in the respondent’s possession, and to refrain from possession of any firearm,
for the duration of the order.
EFFECTIVE OCTOBER 1, 2009
FL, §§ 4-506, 4-507(a), and 4-509(a) - amended
Assigned to: Judiciary
Schedule 13, Page 6 HOUSE OF DELEGATES January 30, 2009
HB 297 The Speaker (By Request – Administration), et al
SMART, GREEN, AND GROWING – SMART AND SUSTAINABLE
GROWTH ACT OF 2009
Defining a specified term applicable to the exercise by a local jurisdiction of
land use, water and sewer plan review, growth allocation, and annexation
powers to require consistency with a local comprehensive plan under
specified circumstances; altering the applicability of specified land use
provisions to specified local jurisdictions; etc.
EFFECTIVE JULY 1, 2009
Art. 66B, Various Sections - amended and § 1.02 - added
Assigned to: Environmental Matters
HB 298 The Speaker (By Request – Administration), et al
STATE EMPLOYEES – COLLECTIVE BARGAINING –
NEGOTIATIONS – “THE FAIR SHARE ACT”
Authorizing collective bargaining negotiations pertaining to specified State
employees to include negotiations relating to the right of an employee
organization to receive service fees from nonmembers.
EFFECTIVE JULY 1, 2009
SP, § 3-502 - amended
Assigned to: Appropriations
HB 299 The Speaker (By Request – Administration) (Task Force to Combat
Driving Under the Influence of Drugs and Alcohol), et al
CRIMINAL LAW – ALCOHOLIC BEVERAGES – UNDERAGE
INDIVIDUALS – PROHIBITIONS AND PENALTIES
For the purpose of prohibiting an individual under the age of 21 from
consuming, or exhibiting specified effects from consuming alcoholic
beverages; specifying exceptions; making the furnishing of an alcoholic
beverage to an individual under the age of 21 a crime under specified
circumstances; establishing penalties for violations of the Act; requiring the
Motor Vehicle Administration to suspend for 6 months the driver’s license of
a person who commits specified alcohol–related violations; etc.
EFFECTIVE OCTOBER 1, 2009
CR, §§ 10-114, 10-116, and 10-119 and TR, § 16-205(g) - amended and CR,
§ 10-121 and TR, § 16-206(c-1) - added
Assigned to: Judiciary
January 30, 2009 HOUSE OF DELEGATES Schedule 13, Page 7
HB 300 The Speaker (By Request – Administration), et al
TAX INCREMENT FINANCING AND SPECIAL TAXING DISTRICTS –
TRANSIT–ORIENTED DEVELOPMENT
Authorizing specified political subdivisions to finance the costs of public
improvements in or supporting specified transit–oriented developments in
specified manners; providing for the establishment and termination of
specified special taxing districts; providing for the uses of specified special
funds established for the improvement and maintenance of specified transit–
oriented developments through tax increment financing and other specified
mechanisms; etc.
EFFECTIVE JUNE 1, 2009
Art. 23A, Art. 24, and EC, Various Sections - added and amended
Assigned to: Ways and Means
HB 301 The Speaker (By Request – Administration) (Task Force to Combat
Driving Under the Influence of Drugs and Alcohol), et al
CRIMINAL PROCEDURE – DRUNK AND DRUGGED DRIVING –
PROBATION BEFORE JUDGMENT
Extending the period of time preceding a subsequent violation by a defendant
of specified alcohol– or drug–related driving offenses during which a
previous conviction or probation of the defendant for specified alcohol– or
drug–related driving offenses prohibits a court from staying entry of judgment
and placing the defendant on probation for the subsequent violation.
EFFECTIVE OCTOBER 1, 2009
CP, §§ 6-220(d) and 6-230 - amended
Assigned to: Judiciary
HB 302 The Speaker (By Request – Administration), et al
FAMILY LAW – TEMPORARY PROTECTIVE ORDERS – SURRENDER
OF FIREARMS
Authorizing a judge in entering a temporary protective order to order the
respondent to surrender to law enforcement authorities any firearms in the
respondent’s possession for the duration of the order; requiring a law
enforcement officer to provide specified information to the respondent and to
provide for safe storage of the firearm; making it a misdemeanor to fail to
comply with an order to surrender firearms; etc.
EFFECTIVE OCTOBER 1, 2009
FL, §§ 4-505 and 4-509 - amended and § 4-506.1 - added
Assigned to: Judiciary
Schedule 13, Page 8 HOUSE OF DELEGATES January 30, 2009
HB 303 The Speaker (By Request – Administration), et al
VEHICLE LAWS – YOUNG DRIVERS – DRIVING PRIVILEGES
Increasing the minimum ages at which an individual may obtain a learner’s
instructional permit, provisional license, and full driver’s license; increasing
the maximum age under which an applicant for a learner’s instructional
permit must provide a school attendance record; altering the period after
which the holder of a learner’s instructional permit may take the examinations
for a provisional license under specified circumstances; etc.
EFFECTIVE OCTOBER 1, 2009
TR, §§ 16-103, 16-105(a) and (d), 16-108, 16-111(d), 16-113(d), 16-212,
16-213, and 21-1123 - amended and § 16-113(d-2) - added
Assigned to: Environmental Matters
HB 304 The Speaker (By Request – Administration), et al
MARYLAND FALSE HEALTH CLAIMS ACT OF 2009
Prohibiting specified actions constituting false claims against a State health
plan or a State health program; providing specified penalties for making false
claims against a State health plan or a State health program; authorizing the
State to file a civil action against a person who makes a false claim against a
State health plan or a State health program under specified circumstances;
providing for the procedures to be followed in a civil action; providing for
specified remedies under a civil action; etc.
EFFECTIVE OCTOBER 1, 2009
HG, §§ 2-601 through 2-610 - added
Assigned to: Judiciary and Appropriations
HB 305 The Speaker (By Request – Administration) (Task Force to Combat
Driving Under the Influence of Drugs and Alcohol), et al
VEHICLE LAWS – ALCOHOL RESTRICTION ON DRIVER’S LICENSE
– PENALTIES FOR VIOLATIONS
Establishing specified penalties for a violation of a driver’s license alcohol
restriction imposed by the Motor Vehicle Administration.
EFFECTIVE OCTOBER 1, 2009
TR, §§ 16-113(j), 27-101(c)(11), and 27-102 - amended
Assigned to: Judiciary
January 30, 2009 HOUSE OF DELEGATES Schedule 13, Page 9
HB 306 The Speaker (By Request – Administration), et al
INTERSTATE COMPACT ON EDUCATIONAL OPPORTUNITY FOR
MILITARY CHILDREN
Establishing, through an Interstate Compact with specified member states, the
Interstate Compact on Educational Opportunity for Military Children for
specified purposes.
CONTINGENT
EFFECTIVE JULY 1, 2009
ED, §§ 7-1301 through 7-1303 - added
Assigned to: Ways and Means
HB 307 The Speaker (By Request – Administration) (Task Force to Combat
Driving Under the Influence of Drugs and Alcohol), et al
VEHICLE LAWS – TESTING OF DRIVERS INVOLVED IN FATAL OR
LIFE–THREATENING ACCIDENTS
Requiring a police officer to request a driver involved in a motor vehicle
accident that results in death or life–threatening injury to voluntarily submit
to a preliminary breath test for alcohol under specified circumstances;
providing that a police officer who asks a person to voluntarily submit to a
test shall advise the person that there is no sanction or consequence for
refusing to submit to the test or for any result; providing that a test may be
used only for specified research and statistical purposes; etc.
EFFECTIVE OCTOBER 1, 2009
TR, § 16-205.3 - added
Assigned to: Judiciary
HB 308 The Speaker (By Request – Administration)
HIGHER EDUCATION – HIGHER EDUCATION INVESTMENT FUND –
FUNDING
Requiring the Comptroller to continue to distribute specified income tax
revenue from corporations to the Higher Education Investment Fund.
EFFECTIVE JULY 1, 2009
TG, § 2-613.1 - amended
Assigned to: Appropriations and Ways and Means
Schedule 13, Page 10 HOUSE OF DELEGATES January 30, 2009
HB 309 The Speaker (By Request – Administration), et al
MARYLAND HERITAGE STRUCTURE REHABILITATION TAX
CREDIT PROGRAM
Reestablishing and altering the Maryland Heritage Structure Rehabilitation
Tax Credit Program; authorizing the Director of the Maryland Historical
Trust to accept applications for approval of rehabilitation plans on a first–
come, first–served basis; authorizing the Director of the Maryland Historical
Trust to issue up to $100,000,000 in the aggregate in initial credit certificates
for the Maryland heritage structure rehabilitation tax credit; etc.
EFFECTIVE JUNE 1, 2009
SF, §§ 5A-362 through 5A-370 - added and § 5A-303 - amended and TG, §
10-704.5 - amended
Assigned to: Ways and Means
HB 310 The Speaker (By Request – Administration), et al
UNEMPLOYMENT INSURANCE – ELIGIBILITY – PART–TIME WORK
Authorizing an individual who is able to work only part time to be deemed
eligible for specified benefits under specified circumstances; clarifying that
the Secretary of Labor, Licensing, and Regulation may not use disability as a
reason to find an individual is not available for work, actively seeking work,
or eligible for benefits; etc.
EMERGENCY BILL
LE, § 8-101(v) - added and §§ 8-801 and 8-903 - amended
Assigned to: Economic Matters
HB 311 The Speaker (By Request – Administration), et al
PUBLIC SAFETY – DEPARTMENT OF STATE POLICE –
INVESTIGATIONS AFFECTING FIRST AMENDMENT RIGHTS
Requiring that a covert investigation of a specified person, group, or
organization be based on a reasonable suspicion that the person, group, or
organization is planning or engaged in criminal activity; authorizing that an
investigation may be conducted under specified circumstances; etc.
EFFECTIVE OCTOBER 1, 2009
PS, § 2-314 - added
Assigned to: Judiciary
January 30, 2009 HOUSE OF DELEGATES Schedule 13, Page 11
HB 312 The Speaker (By Request – Administration), et al
AQUACULTURE – SHELLFISH – LEASING
Repealing specified restrictions, eligibility requirements, and procedures
relating to leasing specified areas in specified waters of the State for the
purpose of protecting, sowing, bedding, or cultivating specified shellfish;
repealing specified provisions relating to revenue derived from private oyster
culture; repealing a specified recording fee; requiring the Department of
Natural Resources to designate a public shellfish area; etc.
EFFECTIVE JUNE 1, 2009
EN, § 16-202(d) - amended and NR, Various Sections - repealed, added, and
amended
Assigned to: Environmental Matters
HB 313 The Speaker (By Request – Administration), et al
VEHICLE LAWS – SPEED MONITORING SYSTEMS – STATEWIDE
AUTHORIZATION AND USE IN HIGHWAY WORK ZONES
Authorizing in all counties of the State and in specified highway work zones
the use of speed monitoring systems to enforce specified highway speed laws
under specified standards and procedures; restricting the use of specified
revenues generated under the Act; etc.
EFFECTIVE OCTOBER 1, 2009
CJ, IN, SG, and TR, Various Sections - amended and TR, § 21-810 - added
Assigned to: Environmental Matters
HB 314 Delegate Rudolph and the Speaker (By Request – Administration)
MARYLAND ENVIRONMENTAL SERVICE – ENERGY GENERATION
PROJECTS
Authorizing the Maryland Environmental Service to engage in energy
projects and services; authorizing counties and municipalities to enter into
agreements with the Service without regard to specified limitations or
provisions regulating the procurement or awarding of public contracts; etc.
EFFECTIVE OCTOBER 1, 2009
NR, Various Sections - amended
Assigned to: Economic Matters and Environmental Matters
Schedule 13, Page 12 HOUSE OF DELEGATES January 30, 2009
HB 315 Delegate Barve and the Speaker (By Request – Administration), et al
GREENHOUSE GAS EMISSIONS REDUCTION ACT OF 2009
Requiring the Department of the Environment to publish and update an
inventory of statewide greenhouse gas emissions for calendar year 2006;
requiring the State to reduce statewide greenhouse gas emissions by 25%
from 2006 levels by 2020; requiring the State to develop and adopt a specified
plan, adopt specified regulations, and implement specified programs to reduce
greenhouse gas emissions; altering specified requirements; providing for the
termination of a specified provision of the Act; etc.
CONTINGENT
EFFECTIVE OCTOBER 1, 2009
EN, §§ 2-1201 through 2-1211 - added
Assigned to: Economic Matters and Environmental Matters
HB 316 Delegate Rosenberg and the Speaker (By Request – Administration), et al
CRIMINAL LAW – DEATH PENALTY – REPEAL
Repealing the death penalty; repealing procedures and requirements related to
the death penalty; etc.
EFFECTIVE OCTOBER 1, 2009
CP, CS, CJ, CR, HG, and TR, Various Sections - amended and repealed
Assigned to: Judiciary
HB 317 The Speaker (By Request – Administration), et al
SILVER ALERT PROGRAM – ESTABLISHMENT
Requiring the Department of State Police to establish a Silver Alert Program
to disseminate information to assist in locating specified missing persons who
suffer specified impairments; requiring the Department to adopt guidelines
and develop procedures for issuing a Silver Alert for a specified missing
person; requiring the Department to provide training to local law enforcement
agencies on the guidelines and procedures to be used to handle a specified
report; etc.
EFFECTIVE OCTOBER 1, 2009
PS, § 3-604 - added
Assigned to: Judiciary
January 30, 2009 HOUSE OF DELEGATES Schedule 13, Page 13
HB 318 Delegate Barkley, et al
HEALTH INSURANCE – COVERAGE, REIMBURSEMENT, AND
BENEFITS – COUNTIES, COUNTY SCHOOL SYSTEMS, AND STATE
EMPLOYEE AND RETIREE HEALTH AND WELFARE BENEFITS
PROGRAM
Making provisions of law codified in the Insurance Article relating to health
insurance coverage, required reimbursement, and required benefits applicable
to counties, county school systems, and the State Employee and Retiree
Health and Welfare Benefits Program.
Preliminary analysis: local government mandate
EFFECTIVE OCTOBER 1, 2009
Art. 24, § 23-101 and ED, § 4-127 - added and SP, § 2-502 - amended
Assigned to: Health and Government Operations and Environmental Matters