MD Legislature: Death Penalty, Physical Ed, Daylight Saving Time

MARYLAND — Hundreds of bills go through the Maryland House and Senate every year. From joint resolutions on racial discrimination in schools to legislation on medically assisted suicide for the terminally ill, there's so much to keep track of. Patch has cut through the spin to highlight some of the most pressing, controversial, and bizarre bills in Annapolis. We'll publish these bill explainers every other week.

The bills we are focusing on today are about: mandatory exercise for elementary school students; an end to Daylight Saving Time; and the death penalty for certain convicted first-degree murderers.

Student Health and Fitness Act

About: House Bill 516, cross-filed as Senate Bill 542, would require 150 minutes of physical activity — including 90 minutes of P.E. — a week for elementary school students. Prekindergarten students are included in this bill if their school has a pre-K program, according to Del. Jay Walker's office.

Walker, a Democrat from Prince George's County, sponsored the bill. Last legislative session, the bill passed unanimously in both the House and Senate. But one Montgomery County lawmaker, Walker said, disagreed with the Senate version of the bill, which also pushed for 90 minutes of physical education. He said the lawmaker wanted 40 minutes.

"I wasn't willing to do that," Walker said when asked to explain what happened last year.

If the bill passes this time around, it will go into effect on July 1.

Under this bill, state officials would collect data from each public school about its P.E. programs annually. Data would include: the number of minutes of physical education provided each week to each student and the number of minutes of moderate-to-vigorous physical activity offered to students each week, including recess.

The legislation also says a student cannot be removed from recess as a form of punishment unless the student's removal is part of an in-school suspension.

Right now, the bill is pending in the Ways and Means Committee. The Senate's version of the bill, sponsored by Sen. Ron Young (D-Frederick) is pending in the Senate Education Health and Environmental Affairs Committee.

A supporter weighs in: At the House Ways and Means Committee in February, a Newport Mills Middle School student named Ben expressed his support for the bill.

"If kids in elementary school start keeping healthy at a younger age then, when they get older, they will already know how to keep healthy," Ben said. "Then, when the elementary school students go to middle or high school, they're used to getting regular exercise."

"We all know the benefits of exercise," Ben said, adding that it will lead to better test scores and more down time for students.

Current law: Every public school in Maryland must have a physical education program "that is given in a planned and sequential manner ... to develop their good health and physical fitness and improve their motor coordination and physical skills."

The specific curriculum is determined by local boards of education.

Background: Allegany, Anne Arundel, Caroline, Cecil, Montgomery, Queen Anne's, Somerset, and Talbot counties do not offer 90 minutes of physical activity each week at any school. In 11 other school systems in Maryland, the minimum number of minutes per week is below 90 and the maximum is at or above 90.

State expenditures: General fund expenditures increase in FY 2021 by $39,300 for the Maryland Dept. of Education to hire a part-time education program specialist who would "develop, oversee, and monitor the collection and reporting of data and to develop and disseminate professional development resources," according to the bill's fiscal and policy note.

Local expenditures: The bill's fiscal and policy note says that elementary schools can incorporate physical education "using existing resources."

Year–Round Daylight Saving Time

Daylight Saving Time: is it necessary?

Some state lawmakers say no.

About: In an effort to put an end to this practice, Sens. Justin Ready (R-Carroll Co.), Jason Gallion (R-Harford and Cecil Co.), Clarence Lam (D-Howard and Baltimore Co.) Jim Rosapepe (D-Prince George's and Anne Arundel Co.), and Johnny Ray Salling (R-Baltimore and Harford Co.) have introduced Senate Bill 517.

The bill would require standard time in Maryland to be Eastern Daylight Time year-round. In other words, there won't be a need to "spring forward" or "fall back" anymore. But that would be contingent on changes being made to a federal law that allows states to observe a year-round standard time that is consistent with Eastern Daylight Time.

If federal law changes before Dec. 31, 2025, the time change will take effect on the second Sunday of March or the first Sunday in November, whichever comes first. If nothing changes by then, the state's legislation is null and void.

Here's what Sen. Ready said about the bill in March: "There really isn't any reason for the switching back and forth and so my proposal is to say let's spring forward and stay there. Let's benefit the state of Maryland, our economy, even make our roads a little safer. Rush hour driving at 5:30 is a lot better when it's daylight than when it's dark."

Current Law: Under federal law, states aren't allowed to observe Daylight Saving Time year-round. Such a change would require an act of Congress.

In the last three years, nine states have enacted legislation to offer DST year-round, according to the National Conference of State Legislatures. The nine states are: South Carolina, Utah, Arkansas, Delaware, Maine, Oregon, Tennessee, Washington, and Florida.

Background: Daylight Saving Time was first observed in the U.S. during World War I in an effort to conserve energy. It was federally abolished after the war, but states were allowed to continue observing Daylight Saving Time if they wanted.

It took until 1966 for Congress to establish the Uniform Time Act, signed into law by President Lyndon B. Johnson, federally declaring the practice of Daylight Saving Time across the country. Shortly after, Arizona asked for, and was eventually granted, an exemption for the state's extreme heat.

Hawaii is the other state that opted out of DST. That's because the 50th state doesn't see a noticeable difference in daylight between winter and summer.

Capital Gazette Shooting Memorial Act

About: Maryland's death penalty was abolished in 2013. But some Republican lawmakers want to bring it back.

House Bill 1322, which was introduced in February, would reinstate capital punishment in Maryland for certain first-degree murderers.

More specifically, the bill applies to cases in which at least five victims were murdered in one event and at one location.

If passed, the legislation would also establish "certain procedures relating to custody, warrant of execution, incompetency, method of execution, witnesses, certificate, disposition of body, notice, and trial and sentencing in relation to the imposition of the death penalty," according to the bill's language.

Whenever a person is sentenced to death, he or she will be taken into custody by the sheriff of the county in which an indicted was issued.

The expenses relating to the detention of the inmate — including the cost of guarding, lodging, feeding, clothing, and caring for the inmate — would not be paid by the county in which the inmate was indicted.

The bill was sponsored by Dels. Neil Parrott, Lauren Arikan, Brian Chisholm, Paul Corderman, Michael Griffith, Richard Impallaria, Susan McComas, Michael McKay, Edward Reilly, Kathy Szeliga, and William Wivell.

Background: Maryland became the 18th state to abolish the death penalty in 2013. Since reinstating the death penalty in 1978, the state has carried out five executions.