THE 2014 GENERAL ASSEMBLY - BILLS APPROVED AND REJECTED

Of the 2,693 bills introduced, the 2014 General Assembly approved 814 pieces of legislation.  Among those measures approved were:

THE $38.7 BILLION OPERATING BUDGET includes $6.1 billion for public schools, $4.3 million to expand pre-K for four year old disadvantaged children and an 8% increase for state colleges and universities, in order for them to be able to hold tuition increases to a 3% increase.  It leaves $879 million in reserve funds.  One of the Governor’s plans to balance the budget by siphoning off $100 million annually from the $300 million earmarked for the state pension fund drew strong criticism from the State Treasurer and the State Comptroller.  They feared the move jeopardized the state’s AAA bond rating.  The Assembly approved budget language to change the plan to take $200 million from the fund for two years and then decrease the annual amount until 2018.  In FY 2019, the payment to the fund returns to $300 million.  The state has said it will reimburse the fund’s money.

MARIJUANA Maryland will be the 18th state to decriminalize possession of small amounts of marijuana.  Possession of 10 grams or less of marijuana will no longer be a criminal offense, subject to a criminal record and jail time, but a civil offense, subject to a fines of $100, $250 and $500 for the first, second and third offenses, respectively.  Offenders between ages 18 and 20 will have to appear in court and be referred to drug treatment or drug education programs.  Legislation to legalize marijuana was rejected.

MEDICAL MARIJUANA Approval was given to a workable system to supply and dispense medical marijuana.  A specially licensed physician will be able to prescribe marijuana for specific illnesses and conditions for patients with whom they have a bona fide treatment relationship.  Fifteen marijuana growers will be licensed the first year.  The state’s medical marijuana commission can decide to license more after the first year.  Growers would distribute the drug at their facility or their satellite facility.

THE STATE’S MINIMUM WAGE will increase in annual increments from the current $7.25 an hour to $10.10 by July 1, 2018.  The wages of 18,000 workers who care for developmentally disabled adults and children in homes and group homes will be increased by 3.5% a year through 2018, thus keeping their wages 30% above the minimum wage.  Workers under age 16 are exempted from the minimum wage.  Tipped workers’ pay will be frozen at $3.63 an hour.  Current law requires their employers to make up the difference between the total earned by tipped workers and the minimum wage.  Workers under age 20 can be paid 85% of the minimum wage for the first six months of their employment. 

SPEED CAMERAS & SPEED The Assembly approved legislation to tighten, revise and add regulations to make the state’s speed camera program more fair to motorists.  Most importantly, a new and stronger regulation prohibits contractors who in any manner operate or administer a speed monitoring system from being paid on a per-ticket basis.  The Assembly rejected legislation to allow the State Highway Administration to increase speed on expressways and Interstate highways from

65 mph to 70 mph.

PIT BULLS The Assembly passed legislation that repeals the 2012 Court of Appeals decision regarding liability for dog attacks and which singled out the pit bull breed as inherently dangerous.  The new law does not require victims of dog bites to prove in civil actions that an owner knew or should have known the dog was dangerous.  The measure also allows the dog owner to call witnesses to testify that the dog was friendly and not dangerous and that the incident was unpredictable.

BAIL REFORM The Assembly could not agree on legislation to implement the Court of Appeals ruling that, according to the state constitution, a defendant had the right to an attorney at initial bail hearings.  The Governor suggested a temporary quick fix solution in which the state would recruit private attorneys for little or no pay to represent poor defendants.  A House-Senate Joint Committee set aside $10 million to pay for the attorneys.  Those who do not favor the Court decision claim that the price tag for implementing the decision, based on bail hearings of 2.8 hours, will be $30 million annually.  That estimate has been challenged since bail hearings generally take well under one hour.

DOMESTIC ABUSE Several bills crucial to increasing protection for victims of domestic abuse were approved.  One measure changes the standard of evidence needed to obtain a protective order from the strict standard needed to prove 1st degree murder (clear and convincing evidence) to the less rigid standard used in all other felonies, as well as child custody (the preponderance of evidence).  Another enacted bill adds the crime of second-degree assault, which is the most common charge in domestic violence cases, to the list of crimes that could make a victim eligible to obtain a permanent protective order.  A third bill approved imposes an additional penalty of up to five years on anyone convicted of committing an act of violence in the presence of a child at least two years old.

CHILD ABUSE Current law requires teachers, doctors, social workers and members of other professions that come in frequent contact with children to report suspected child abuse to law enforcement agencies.  However, the bill to impose a penalty fine on those who knowingly and willfully fail to report such abuse to authorities was rejected for the ninth consecutive year.  Only Maryland and two other states, North Carolina and Wyoming, do not impose a penalty fine on those who knowingly fail to report suspected child abuse.  An abused child has little hope of being rescued outside of someone noticing the abuse and reporting it.

“JAKE’S LAW” DISTRACTED DRIVING Jake’s law to clamp down on texting while driving was approved.  The new law penalizes those drivers with up to one year in prison or a fine of up to $5,000 or both for causing serious injury or death as a result of using a handheld device while driving.  Study after study has shown that distracted driving is the cause of thousands of auto crashes and fatalities every year.  The Maryland Highway Safety Office estimates that more than 20% of crashes on Maryland roads between 2008 and 2012 involved at least one distracted driver.  The National Highway Traffic Safety Administration estimates that during daylight hours, about 660,000 drivers are holding a phone at any moment.

It has been an honor serving in the Maryland House of Delegates for the past 12 years.  As always, I look forward to your input.

Delegate Eric Bromwell