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The 2010 legislative session: What passed, what didn't
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(posted April 14, 2010 on Gazette.Net)
The Maryland General Assembly considered 2,700 pieces of legislation during its 90-day session, which ended Monday. Many of the bills that passed were not finalized until the legislature's frenetic final few days. On Tuesday, Gov. Martin O'Malley signed into law some 170 pieces of legislation. Below is a summary of key issues from the 2010 session:
What passed
Budget — A $32 billion budget for fiscal 2011 relies on spending cuts, one-time transfers and an infusion of federal stimulus money. It cuts about $120 million from the spending plan introduced by O'Malley (D), which bridged a $1.9 billion revenue gap.
Cell phone ban — The legislation makes it illegal to drive while using a cell phone without a hands-free device. Under the bill, the violation is a secondary offense, meaning drivers could be cited only if stopped for another offense, such as speeding. First-time offenders could face $40 fines.
Foreclosure — Legislation designed to forestall the foreclosure process requires mediation between the borrower and the mortgage lender when the borrower requests it and includes a $50 filing fee. Borrowers moving to foreclose must include a $300 filing fee.
Sex offenders — The legislature passed several bills designed to tighten penalties on sexual predators, including a mandatory 15-year sentence for serious offenses against children. Other bills eliminate time off prison sentences for good behavior and impose lifetime supervision for violent and repeat sex offenders, reconstitute the state's Sexual Offender Advisory Board and bring the state into compliance with federal guidelines governing who must register as a sex offender.
Voter registration for 16-year-olds — The bill, passed late Monday, allows 16-year-olds to register to vote when they get their driver's license. They would not be eligible to vote until the first general or special election after they turn 18.
Stormwater — Last week, the Joint Committee on Administrative, Executive and Legislative Review resolved the session's biggest environmental issue, approving a controversial set of stormwater management regulations that will free some development projects from the new stricter standards for handling the runoff that pollutes the Chesapeake Bay.
False Claims — State health officials say the Maryland False Health Claims Act, which creates civil penalties for people who make false health insurance claims, will enable the state to recoup about $20 million in Medicaid costs in fiscal 2011.
Slots — A bill that seeks to attract a purchaser for the state-owned Rocky Gap Lodge and Resort would give the bidder on a slot machine license there 35.5 percent of the gaming revenues for five years if they agree to buy the troubled property. License holders at four other slots sites would continue to get a 33 percent revenue cut.
Insurance — Thousands of vehicle owners could face higher monthly insurance premiums, thanks to a bill that raises the minimum coverage limits from $20,000 for an individual and $40,000 for multiple people to $30,000 and $60,000, respectively. It's the first time the liability limits have been changed since Maryland made auto insurance mandatory in 1972.
Traffic court — In what some are hailing as the sleeper bill of the session, drivers who are cited for a moving offense must now request a court date, rather than being automatically awarded one. Supporters said it would save millions of dollars statewide in reduced police overtime costs, keep more officers on the street and lead to greater court efficiency.
Workforce — The emergency legislation provides a $5,000 tax credit to businesses that hire jobless workers and reforms the state's unemployment insurance laws, allowing Maryland to accept $126.8 million in federal stimulus aid to shore up the unemployment insurance trust fund.
Gangs — A bill that seeks to make it easier to prosecute gang members and provides tougher sentences also adds new crimes, such as witness intimidation, to the Gang Prosecution Act of 2007. Another bill, pushed by House Speaker Michael E. Busch (D-Dist. 30) of Annapolis, requires school officials to report to law enforcement crimes that could be gang-related.
Race to the Top — The legislation reforms the state's teacher tenure rules and makes Maryland eligible for $250 million in aid under the federal Race to the Top program.
Maintenance of Effort — The bill waives the $23.4 million penalty assessed to the Montgomery County school system by the state school board for failing to comply with a requirement that school systems' per pupil spending be at the same level or higher from year-to-year.
Winery — Passed late Monday, the Maryland Winery Modernization Act, makes uniform rules governing wine tastings at farmers' markets, vineyard tours and other wine-related tourism.
Shift breaks — Legislation requires retail businesses to offer 15-minute breaks to employees if they work four to six consecutive hours and 30 minutes if they work more than six hours.
Child support — The legislature revised the guidelines for determining child support payments.
What didn't pass
Taxes — An extension of the millionaire's tax enacted during the 2007 General Assembly was proposed by lawmakers, but not by O'Malley, and the higher tax rate was allowed to sunset. Proposals to increase taxes on alcohol, with revenues going to a variety of programs, from services for the developmentally disabled to drug abuse treatment, also failed.
Combined reporting — A bill to change an accounting method that some believe will net the state $270 million from corporations that shift profits to entities in states with lower tax rates failed to win support. A commission studying the change, however, must report its findings in 2010 instead of 2011.
BOAST — The Building Opportunities for All Students and Teachers in Maryland Tax Credit, which sought to bolster struggling private Catholic and Jewish schools, was endorsed by O'Malley, but was killed late Monday night by a House of Delegates subcommittee amid concerns about its church-state implications. The original bill included a 75 percent tax credit on donations up to $200,000 but was amended by the House Ways and Means Committee to replace the tax credits with a grant program.
Texting ban — A bill that aimed to prohibit motorists from reading text messages while driving failed in the session's final hours.
Open government — The legislature failed to act on several open government bills designed to increase access to General Assembly proceedings. The House opted to refer the bills to an interim study in order to consider their technological implications. This year, the House tested software that would allow streaming video Webcasts of committee hearings during the 2011 session.
Medical marijuana — The Senate on Saturday approved a bill allowing physicians to prescribe medical marijuana to long term patients, but the House opted not to move the bill out of committee. Delegates say they support the bill in concept but decided to form a work group of legislators from the House Judiciary and Health and Government Operations committees to study how best to implement a program.
Gay marriage — Measures to legalize same-sex marriage and to hold a statewide referendum on a constitutional amendment barring same-sex marriage each failed to win passage.
Ignition interlock — The No. 1 priority for Mothers Against Drunk Driving this year came to a screeching halt on Sine Die. House and Senate lawmakers could not reach an agreement that would have required anyone convicted of drunken driving to prove their sobriety before starting their car by blowing into a breathalyzer device.
Compiled by Gazette.net Staff Writers Sean R. Sedam, Alan Brody and Douglas Tallman
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