Field Notes By Delegate Mike McDermott

 

Observations and Reflections on Legislative Activities

By Delegate Michael A. McDermott

 

Week 9 March 3-7, 2014

 

Monday Evening Session:

Bills on First Reader

Tuesday Morning Session:

Bills on First Reader

Third Reading Calendar (House Bills) #15

HB 240
Third Reading Passed (80-56)

HB 740
Third Reading Passed (95-41)

 

Special Order Calendar HB 401 Third Reading Passed (131-6)

HB-240 is a bill which will place mandates on local government as it relates to recycling numbers when it comes to waste disposal. This centralized approach is going to cost Marylanders when county governments will have to change policies to meet set goals by the state. Interestingly enough, it was also highly opposed by many environmental groups who objected to some of the burning standards attached to the bill. While most republicans voted no, we were also joined by several democrats. Sadly, the bill was not defeated.

HB-740 involves another infusion of state money into cyber security efforts to encourage more of these companies to come to Maryland. This is truly crony capitalism in that it favors and promotes one type of business over every other business in the state. In fact, this is one sector of our economy that is growing and thriving on its own and does not need additional incentives. The vote was along party lines with the republicans voting against this type of favoritism.

Tuesday Afternoon Judiciary Committee Hearings:

There were 30 bills addressing various firearm regulations. They were set up in 9 groupings: Crimes-4 bills; Handgun Permits-7 bills; Assault Weapons and Detachable Magazines-4 bills; Purchase of Firearms-4 bills; Handgun Qualifications Licenses-2bills; Handgun Safety Measures-2 bills; Disqualifiers for Ownership/Possession-2 bills; Bow Hunting-2 bills; Miscellaneous-3 bills.

HB 36     Del Smigiel    Public Safety - Handgun Permit - Applicant Qualifications  HB 42     Del Cardin     Public Safety - Firearms - Application Approval Before Sale, Rental, or Transfer  HB 60     Del Smigiel    Repeal of the Firearm Safety Act of 2013 (Jointly assigned to JUD and HGO)  HB 62     Del Smigiel  Rgltd Frarms-Lic Issued by Delaware, Pennsylvania, Virginia, or West Virginia - Reciprocity  HB 90     Del Simmons    Regulated Firearms - Disqualifying Crime -Domestically Related Crime  HB 94     Del Arora     Crim Law - Prohib on Manufacture of Detachable Magazine or Firearm Receiver - 3-D Printing  HB 115    Del Conaway    Task Force to Study Firearms and Global Positioning Satellite (GPS) Devices  HB 122    Del K. Kelly   Public Safety - Assault Weapons and Detachable Magazines - Possession or Transport by Nonresident  HB 215    Del Cluster    Public Safety - Handgun Permits - Renewal Period for Retired Law Enforcement Officer  HB 262    Del Beitzel,   Bow Hunting - Possession of Handguns for  et al          Protection  HB 286    Del Valentino Criminal Law - Use of Handgun in Crime of Violence Smith, et al   or Felony - Statute of Limitations  HB 521    Del Haddaway      Firearms - Handgun Permit Requirements - Handgun Riccio         Qualification License Holders  HB 623    Del Simmons   Public Safety - Crim Justice Information System - Integration With Md Automated Firearms System  HB 659    Del Szeliga    Public Safety - Regulated Firearms - Transport Through State  HB 712    Del Smigiel    Crimes - Use of a Firearm in the Commission of a Crime - Diminution Credits and Sentencing  HB 713    Del Smigiel    Public Safety - Handgun Safety Devices - External Safety Locks  HB 715    Del Smigiel       Public Safety - Handgun Identification Requirements - Repeal  HB 716    Del Smigiel    Public Safety - Handgun Qualification License - Qualified Handgun Instructors and Permit Holders  HB 717    Del Smigiel    Public Safety - Firearms Safety Training - Demonstration Component  HB 719    Del Smigiel    Public Safety - Firearms - Probation Before Judgment  HB 720    Del Smigiel    Public Safety - Handgun Permits - Training Requirement  HB 800    Del K. Kelly, Public Safety - Handgun Permits - Training  et al          Requirement for Renewal Applications  HB 818    Del Smigiel    Regulated Firearms - Lic'd Dealer or Secon Seller - Natl Instant Crim Bkgd (NICS) Check  HB 919    Del K. Kelly   Public Safety - Transport of Weapons on School Property - Retired Law Enforcement Officer  HB 934    Del Smigiel    Firearms - Application for Prchs and Reqd Registr- Use of Term "Voluntary" Registrant Prohibited  HB 995    Del Dwyer      Firearms Freedom Act  HB 997    Del Beitzel    Criminal Law - Competition Shooting and Match Shooting - Firearms Exemption  HB 1005   Del Bromwell   Firearms - Handgun Permit Requirements - Retired Military  HB 1199   Del Clippinger Possession of Loaded Handgun or Regulated Firearm - Enhanced Penalties  HB 1356   Del Glass      Bow Hunting - Possession of Handguns for Protection

The hearings began at 1pm and continued until 11:30pm. There are clearly some issues that need to be addressed in Maryland which some of the bills spoke to today. The first is the issue of Maryland becoming a “shall issue” state when it comes to Conceal Carry laws. The “good and substantial” reason applied by the Superintendent of the State Police severely limits the issuance of any permits. It has left many to consider going to an “Open Carry” with their rifles and shotguns (which has been verified as legal by Attorney General Gansler). Many expressed their frustration with the state and their thoughts of moving to Open Carry if the state does not allow for greater permitting of residents.

 

There were a couple of bills designed to strengthen punishment on offenders who utilize a firearm in the commission of their crimes. We also listened to bills that would eliminate “good time” styled credits for prisoners who are serving a sentence involving a gun crime.

 

We also heard about several bills to modify last year’s SB-281 regarding training requirements and other needed modifications. It is apparent that the State Police have adapted some of the components of the bill in a way that was never intended by the General Assembly. Some of these include clear amendment changes that I offered in committee and on the floor in shaping this bill. The current training requirements are a good example and some of these bills sought to move the state back to the original intent expressed last year.HB-623 bears watching this year. The bill would require the MSP to link their gun database with the Criminal Justice Information System database. Due to some of the changes in law over the years, it is estimated that upwards of over 100,000 gun owners in Maryland may unknowingly be disqualified from possessing certain firearms. The bill calls for an expansion of the MSP to provide personnel for the purposes of tracking down these owners and seizing their firearms. The bill remains in committee at this time.

Wednesday Morning Session:

First Reading of Senate Bills Introduced

Bills on Second Reader

 

 

HB 295 Floor Committee Amendment { 123291/1 Adopted Floor Committee Amendment {703028/1 Adopted Floor Amendment (Delegate Davis) {403525/1 Adopted Floor Amendment (Delegate Bromwell) {583927/1 Rejected (45-87) Floor Amendment (Delegate George) {223625/1 Rejected (43-91) Floor Amendment (Delegate McDermott) {423829/4 Rejected (47-89) Floor Amendment (Delegate Fisher) {763626/1 Rejected (45-88) Floor Amendment (Delegate Boteler) {603523/1 Rejected (46-88) Floor Amendment (Delegate Krebs) {343720/1 Rejected (47-83) Floor Amendment (Delegate McDonough) {583621/1 Rejected (42-90) Floor Amendment (Delegate McDonough) {183927/1 Rejected (45-83) Floor Amendment (Delegate Bates) {363222/1 Rejected (46-89) Floor Amendment (Delegate Parrott) {703723/1 Rejected (43-87) Floor Amendment (Delegate Hogan) {773521/1 Rejected (44-84) Floor Amendment (Delegate Mizeur) {343920/1 Rejected (8-124) Floor Amendment (Delegate Ready) {433426/1 Rejected (43-89) Floor Amendment (Delegate McMillan) {463721/1 Rejected Second Reading Passed with Amendments This is the Minimum Wage Bill.(Press Release) It will raise the wage to $10.10 over the next two years and is one of the signature bills for the O’Malley administration this year.    Today, there were a series of amendments offered on the bill. They all attempted to address the concerns of businesses across the state. It became clear that the Six Flags Theme Park in Prince Georges County was exempted from this bill and for the same reasons (seasonal employment), I sought to exempt similar workers in Ocean City. There was a strong debate on the issue and the exchange is a great example of how the sausage is made in the Maryland General Assembly. Here is a link for you to listen. Ultimately, my amendment was defeated, as was the case with all of the floor amendments offered. The bill now goes onto Third Reader on Friday morning.

Wednesday Afternoon Judiciary Hearings:

HB-635 would allow a health care provider to offer an apology to a patient or grieving family member and not withhold these types of statements for fear of being sued and held liable for inferred guilt due to an offered apology. Sadly, this is a needed bill.

HB-809 would remove protections from liability for local government in cases where an injury and claim arise out of the use of an artificial turf field which is owned and maintained by a government entity.

HB-930would alter the amount of damages that could be sought for non-economic damages in civil cases. The new limit would be $500,000. We heard from some folks who were severely injured and the current limits did not cover their needs.

HB-996 would make certain written records of health care officials accessible and usable for civil suit purposes. Currently, some of these types of records are shielded.

HB-1009 this is similar to HB-930 relating to catastrophic injuries.

HB-1221 provides for the methods for acquiring information from internet source providers when a tortuous complaint is being alleged from an anonymous source.

HB-1271 would address notifications on lead paint.

HB-1302 would void and eliminate certain requirements for civil claims contained within certain contracts. In particular it would eliminate the requirement for a party to pay for attorney fees associated under certain actions.

HB-1344 would establish a task force to study the prevention of sexual child abuse. I don’t think we need to fund a study, but we could use more money for law enforcement and victim services.

 

Thursday Afternoon Judiciary Hearings:

HB 29      Del Gutierrez Maryland Law Enforcement Trust Act  HB 539    Del Rosenberg Task Force to Study the Implementation and Use of                  Body Cameras by Law Enforcement Officers  HB 633    Del Conaway    Baltimore City - Law Enforcement Officers - Video Cameras  HB 785    Del George     Drones - Unauthorized Surveillance  HB 847    Del Rosenberg, Criminal Procedure - Government Drone Use - et al  Limitations  HB 912    Del Smigiel,   Courts - Electronic Communications - Privacy et al  HB 1003  Del McDonough Crim Procedure - Individual With Immigration                  Detainer (Md Law Enforc and Public Saf Trust Act)  HB 1074  Del Smigiel    Fourth Amendment Protection Act  HB 1126  Del Haddaway   Criminal Law - Synthetic Marijuana - Prohibition Riccio  HB 1161  Del Waldstreicher, et al        Criminal Procedure - Electronic DeviceLocation                                      Information - Warrant              HB 1188   Del Carter     Law Enforcement Officers - Alcohol and Drug Testing - Required  HB 1200   Del  Pena-Melnyk,           Public Safety - Eyewitness Identification - Procedures              HB 1202   Del Riccio   Crim Law - Distrib of Faked Controlled Dangerous Substance -                 Substantially Similar Chemical Struc  HB 1234   Del Swain      Criminal Law - Drug Paraphernalia - Penalties  HB 1316   Del Swain      Crms - Sale of Drg Paraphernalia to a Mnr - L  Law Authorzng                              Bsns Lic Revoc for Subq Violation

There was much discussion and debate on the issues pertaining to electronic surveillance as they relate to the protections under the 4th Amendment which were the subject of several bills today. One in particular seeks to address the use of drones by the government.  Many of the bills sought to provide guidance for emerging technology being utilized by the government. I do not believe we will see any of these bills come out this year unless it is in the form of an issue study.

We also has a couple of immigration bills that address any contact that law enforcement has with illegal aliens. HB-29 would make significant changes to the manner and dealings that law enforcement has with illegal aliens they encounter.  In fact, it would make the entire state of Maryland a sanctuary state for illegal aliens. I would prefer to see these issues addressed locally based upon area needs and community desires. The idea of not allowing local law enforcement to not communicate with Immigration authorities is absurd. The bill has a lot of amendments and appears on a fast track for passage so it is one to be watched.

 

Delegate Pat McDonough offered an alternative bill to HB-29 which is HB-1003. This bill seeks to further enhance law enforcement efforts ongoing in Maryland as the public safety sector seeks to deal with illegal aliens.

 

There were a couple of bills that would require law enforcement officers to wear body cameras while on duty. If a local department wants to fund this and implement it as policy, by all means do it-but to mandate the entire state to do so is over the top.

 

There were also a couple of CDS bills to address synthetic marijuana and paraphernalia items. I do not sense that any of these bills will move in the committee.

CONTINUE READING....