Field Notes By Delegate Michael A. McDermott

Observations and Reflections on Legislative Activities

By Delegate Michael A. McDermott

Week 7 February 17-21, 2014

 

Monday Evening Session:
 

 Bills introduced on First Reader

The House heard an oratory presentation by Delegate Keifer Mitchell  (D-Baltimore City) commemorating President George Washington’s Birthday.

 

Tuesday Morning Session:

 

Bills on First Reader of House Bills 1459-1453.

 

Bills on Second Reader.   

 

 

Third Reading Calendar (House Bills) #4    

                       

HB 39
Third Reading Passed (129-0)
HB 40
Third Reading Passed (130-1)
HB 41
Third Reading Passed (131-0)
HB 53
Third Reading Passed (131-0)
HB 220
Third Reading Passed (129-0)
HB 258
Third Reading Passed (131-0)
HB 301
Third Reading Passed (131-0)
HB 303
Third Reading Passed (130-0)
HB 478
Third Reading Passed (131-0)

 

Third Reading Calendar (House Bills) #5                                HB 101
Third Reading Passed (131-0)
HB 102
Third Reading Passed (131-0)
HB 113
Third Reading Passed (131-0)
HB 149
Third Reading Passed (129-0)
HB 202
Third Reading Passed (129-2)
HB 253
Third Reading Passed (130-0)
HB 254
Third Reading Passed (131-0)
HB 288
Third Reading Passed (131-0)
HB 335
Third Reading Passed (129-1)
HB 511
Third Reading Passed (117-14)

 

Tuesday Afternoon Judiciary Committee:

HB-355 would require the Governor’s Office of Crime Control to establish and expand the program areas that support the survivors of homicide victims in the state. The governor has funded this program area with $500,000 this year and this bill would help delineate the use of these funds in support of these survivors. There were questions raised regarding other victim support programs and it was clearly stated that this fund would not conflict now or in the future with the other fund areas.

 

HB-370 would require a Maryland judge to decide whether or not a reporter could be compelled to testify on an issue of confidentiality in another state.

 

HB-375 would increase the penalties associated with felony and misdemeanor Elder Abuse. The felony charge would go from 10-20 years and the misdemeanor from 5-10 years. The need to do this was questioned regarding the current sentences that are being handed down by the judiciary.

 

HB-379 would create a registry (much like the Sex Offender Registry) for those convicted of Vulnerable Adult Abuse. This has been a perennial bill with small modifications made to it each year.  The reasoning for the bill is clear, but there is reluctance to start another state criminal registry.

 

HB-382 would place significant restrictions for the release on bail of anyone charged with Elder Abuse or Neglect. It would also require the state to confiscate the Passport of .the individual as part of their conditional release. This bill goes too far to insure that someone shows up for a court hearing.

 

HB-559 would create an Address Confidentiality Program for victims of Human Trafficking. It would require the Secretary of State to establish this program and administer it on behalf of the victims. The state would receive all of the mail and inquiries for information on behalf of a member of the program.

 

HB-578 would take away Diminution Credits (good time credit) for inmates that are found to be in possession of a cellular phone. This is being looked upon as one of the measures that can be implemented in an effort to curtail the use of these phones in the prison system.

 

HB-608 would mandate additional training for law enforcement officers on the issues surrounding human trafficking. The focus of the training would focus on sensitivity and awareness to the crime and the victims who are often seen as suspects in these cases.

 

HB-614 would require certain notices be provided to the local State’s Attorney’s Office affected when an inmate is transferred from one correctional facility to another. It would mandate certain documents that would need to follow the inmate during the transfer.

 

HB-638 would exempt the work release and pre release programs of the Montgomery County Department of Corrections from any prohibitions of cell phone devices being located in their locations. It appears that some of these inmates need access in support of their work in this half-way situation of transitioning back to society.

 

HB-642 expands the established pilot program to cover Baltimore City and any individual under an order of mandatory supervision by the court. This program, called Swift and Certain Sanctions, has proved to be successful in managing those on parole.

 

HB-696 would change the age standard for Felony Human Trafficking from age 18 and replace it with the age of 21. Law enforcement indicated that most of the contacts they have who fall into this type of category are actually ages 18-21.

 

HB-701 would reclassify the abduction of a child under 16 years of age for the purposes of prostitution from a misdemeanor to a felony. The penalty would increase from 10-30 years. The crime of kidnapping is already punishable by up to 30-years in prison and we also have a crime on the books called Human Trafficking of a Minor which has very similar characteristics.

 

HB-721 would require each state correctional facility to deploy at least one full body scanner for use in the institution. It would also require the Dept. of Public Safety and Correctional Services to provide a report on the deployment by January 1, 2015.

 

Special Order of HB-296:

 

I argued for, and received, a Special Order for this bill which names thousands of acres currently owned by the state as State Wild Lands. This is the state’s version of a Wilderness designation by the Federal Government. If passed, it would change the designation on thousands of acres on the lower shore and would place them off limits from any type of future development. It would also limit the impact allowed by man and would eliminate the ability to use any motorized equipment on the land and would not allow for any additional roads or trails. In fact, you would not be allowed to ride a bicycle on these lands if they are so designated.  Worcester County sent a letter objecting to this designation. Senator Mathias voted in favor of the legislation in the Senate. I will be meeting with Chairman MacIntosh and the DNR to determine if the bill can be amended to allow for more activities.

 

 

Tuesday Judiciary Voting Session:

 

Bills Voted Favorably:

 

HB-43, HB-243, HB-315, HB-439, HB-552, HB-641,

Wednesday Morning Session:

 

House Bills 1454-1466  introduced on First Reader.

 

Bills introduced on Second Reader. (from Health & Govt. Op/Economic Matters)

 

 

Wednesday Afternoon Judiciary Committee Hearings:

HB-724 would allow the Attorney General to bring a civil action against anyone who violates the State’s prohibitions against vulnerable adult abuse. The damages could be for personal injury, death or property loss/damage.

 

HB-845 would require courts that hire private stenographers for recording the courts actions must provide at least 5% of their stenography services free of charge for indigent persons who appeal their cases to a higher court. We heard testimony that many courts provide this service for free to these persons but that is not the case throughout the state.

 

HB-857 would require a uniform subpoena form and other standardization of forms for all of the Circuit Courts in Maryland. This bill passed two years ago but was vetoed by the governor. It remains a good government idea.

 

HB-867 would expand the Maryland False Claims Act and allow the state to recover additional money that is fraudulently taken by individuals. Currently we have law that addresses Health Care /False Claims.

 

HB-914 is a request for raises for Orphan’s Court Judges in Charles County.

 

HB-1004 is a technical adjustment to existing law. It would require a person to file a written objection to a modified administration in order for a modified administration to be revoked (this addresses estates and trusts).

 

HB-1069 would allow a person to bring a disciplinary action against an  individual who takes an action against a person although they are not a licensed Social Worker when the license would be required for that person to act in the first place.

 

HB-1089 is a request for raises for Orphan’s Court Judges in Anne Arundel County. This bill will allow for annual cost of living increases when appropriate.

 

HB-1112 is a request for raises for Orphan’s Court Judges in Frederick County.

 

HB-1206 is a request for raises for Orphan’s Court Judges in Baltimore City.

 

Wednesday Judiciary Voting Session:

 

Favorable HB-355,

 

Thursday Morning Session:

 

House Bills 1467-1470 on First Reader

 

House Bills on Second Reader

 

Special Order of HB-296

 

 

I was able to offer Amendments to this bill which would require the Department of Natural Resources to maintain trails and roads that exist in the lands affected by this bill in Worcester County. As this language was missing from the bill, I had strong concerns that over time without maintenance, all of the access trails would be erased by which hunters and other recreational seekers would not be able to utilize the land which is currently being utilized by the public. The Chairman received the amendment without objection and it became a part of the bill which was then passed on to Third Reader status.

 

 

Third Reading Calendar (House Bills) #6
HB 228
Third Reading Passed (133-0)
HB 238
Third Reading Passed (128-4)
HB 256
Third Reading Passed (133-0)
HB 346
Third Reading Passed (133-0)
HB 364
Third Reading Passed (132-0)
HB 386
Third Reading Passed (125-8)
HB 545
Third Reading Passed (133-0)
HB 555
Third Reading Passed (133-0)
HB 575
Third Reading Passed (133-0)

Third Reading Calendar (House Bills) #7
HB 12
Third Reading Passed (133-0)
HB 13
Third Reading Passed (133-0)
HB 31
Third Reading Passed (133-0)
HB 147
Third Reading Passed (133-0)
HB 174
Third Reading Passed (133-0)
HB 205
Third Reading Passed (133-0)
HB 206
Third Reading Passed (127-4)
HB 529
Third Reading Passed (133-0)

Thursday Afternoon Judiciary Hearing:

 

HB-371 would create a registration process for dogs declared “dangerous” and would create a state database for registration purposes. It would also alter the definition of a “dangerous dog”  and would also require such animals to be insured by their owners. We heard testimony that this bill was reactive and not proactive and would not stop these incidents from occurring.

 

HB-373 would require the state to maintain an “Animal Abuse Registry” which would contain anyone convicted of a specified animal abuse or neglect offense.

 

HB-422 would prohibit any finding that a dog was potentially dangerous simply because of the breed of the animal.

 

HB-523 would increase the civil penalty for a dog offense if a dog has been previously determined to be a “dangerous dog”. This bill would also create a criminal penalty for a violation to accompany the civil penalties already in place.

 

HB-563 would place Maryland back under the same standards under Common Law that existed prior to January 1st, 2012 which predated that Tracey v. Solesky case (Pit Bull attack of a child in Baltimore County-Pit Bulls declared “inherently dangerous” by the court”.

 

HB-665 would require that when a dogs ears are cropped, cropping of a tail, or the removal of claws that the procedure would need to be performed by a veterinarian while the animal was provided with anesthesia.

 

HB-667 would prohibit the devocalization of a dog or cat being done by anyone except a veterinarian with the benefit of anesthesia. This procedure is also known as “silencing” of the animal.

 

HB-795 would set up a task force to study the fiscal impact of animal cruelty cases on animal shelters and animal control agencies.

 

Friday Morning Session:

 

House Bills 1471-1476 introduced on First Reader

 

Senate Bills introduced on  First Reader

Third Reading Calendar (House Bills) #8                                                                                                                                    
HB 100
Third Reading Passed (122-0)
HB 106
Third Reading Passed (124-0)
HB 168
Third Reading Passed (129-0)
HB 229
Third Reading Passed (129-0)
HB 251
Third Reading Passed (130-0)
HB 308
Third Reading Passed (129-0)
HB 398
Third Reading Passed (130-0)
HB 399
Third Reading Passed (131-0)
HB 451
Third Reading Passed (108-25)
HB 488
Third Reading Passed (132-0)
HB 564
Third Reading Passed (134-0)

Debate on HB-451:

 

I offered some debate on the need for this bill which adds “food deserts” to the list of places that are eligible for certain state grants, loans, and special funding. I pointed out that Maryland’s poor business environment has contributed to the diminishing private sector. Our over regulatory environment creates a true handicap to any start up entrepreneur and then the state must come along and attempt to facilitate private sector development through state incentives when these policies created the problems in the first place. It is a terrible cycle of failed liberal policies. Bad policy decisions often result in the creation of state subsidies. (Listen to the short audio clip here)

 

Friday Afternoon Judiciary Hearings:

 

HB-185 is in the same posture as HB-306 (below).

 

HB-282 would require the court to order the shielding of any Peace Orders or Protective Orders when a case is dismissed or if such an order is denied by the court. The shielding would have to be performed within 5 business days.

 

HB-306 would enhance the penalties for 2nd Degree Assault if the crime occurred in the presence of a minor. The minor would have to be related to the victim of the assault.

 

HB-307 would lower the burden of proof standard from the current “clear and convincing” standard to a preponderance of the evidence. Maryland is presently the only state in the union that maintains this greater standard in domestic violence cases involving protective style orders.

 

HB-309 would expand the circumstances under which a Permanent Protective Order could be issued by a court. Current law requires that the person who is the subject of the order must have served at least 5-years for a sentence on a charged related to the domestic violence act. This bill would simply say that a person must be “sentenced” to at least 5-years.

 

HB-333 this bill is in the same posture as HB-307 (above).

 

HB-352 would allow for a previous conviction for failing to comply with provisions of certain Peace Orders to be applicable in the penalty phase of a trial for a 2nd or subsequent offense.

 

HB-397 would allow for the shielding of certain Peace Orders and Protective Orders in cases where a Respondent consents to the issuance of these orders.

 

HB-572 creates penalties for anyone who fails to report the disappearance or death of a minor within 3-hours once it becomes known to them.

 

HB-622 seeks to expand the definition of First Degree Assault to include an assault by strangulation.

 

HB-647 would require a court to hold a hearing for the extension of a Final Peace Order or Protective Order within 30-days of the request and would allow the orders to remain in effect until the hearing is conducted.

 

HB-775 would expand the eligibility for a Domestic Protective Order by expanding the definition of a person eligible for relief to include someone who is involved in a consensual or non-consensual relationship with the respondent.

 

HB-1182 would allow a judge to specify a physical distance that a respondent would be required to stay away from a person who applies for Protective Orders. Generally these orders are restricted to issues of “contact” rather than stating a distance that one must stay away.

 

HB-1278 would place the jurisdiction for cases involving Protective Order Proceedings which include custody issues of a minor with the Circuit Courts. This would eliminate the use of the District Court for this purpose when child custody is involved.