Legislative Hotline

2007 SESSION OF THE
MARYLAND GENERAL ASSEMBLY

 

 

 

Volume 14, Number 4������������������������������������������������������������������������������������������� February 7, 2007

 

 

 

STATE

 

STATE OF THE STATE ADDRESS

ELECTION OF THE STATE TREASURER

CABINET SECRETARIES

 

FEDERAL

 

CHILDREN’S HEALTH INSURANCE PROGRAM REAUTHORIZATION


BILLS INTRODUCED
STAFF CONTACT INFORMATION

 

 

 

 

STATE

 

State of the State Address

During his first State of the State address before a joint session of the Maryland General Assembly on January 31, Governor O’Malley reiterated the priorities of his administration as outlined in his proposed budget and legislative agenda.� Of note, the Governor called on the Assembly to support the creation of the Life Science Advisory Board, “…so that we can more effectively grow an industry that already employs 57,000 people in and around places like Johns Hopkins, NIH, the University of Maryland and the Food and Drug Administration, to name just a few.

 

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Election of the State Treasurer

On February 1, Nancy K. Kopp was overwhelmingly re-elected State Treasurer.� A Montgomery County democrat who served in the House of Delegates for 27 years before being elected treasurer in 2003, Kopp received 165 of the 183 votes cast by the General Assembly.� The Treasurer is one of three members of the Board of Public Works.� That Board provides the final approval in distributing state funds for capital projects, including those funds provided to Johns Hopkins.

 

 

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Cabinet Secretaries

On January 30, Governor O’Malley announced nominees for three more positions. �Catherine Raggio was chosen to replace Kristen Cox as Secretary of Disabilities, a position created by Governor Ehrlich in 2004.� Raggio is executive director of Independence Now, a nonprofit organization that promotes independent living.� Brenda Donald, formerly Washington, D.C.’s Deputy Mayor for Children, Youth, Family and Elders, was nominated Secretary of Human Resources.� Raymond A. Skinner was named Secretary of Housing and Community Development, a position he held under Governor Glendening.� At the annual Maryland Agriculture Dinner on February 1, Roger L. Richardson, a Wicomico County grain farmer, was named Secretary of Agriculture.

 

The Senate Executive Nominations Committee unanimously approved seven of Governor O’Malley’s Cabinet nominees on January 29 including John D. Porcari for Transportation, Eloise T. Foster for Budget, John R. Griffin for Natural Resources, Richard E. Hall for Planning, Shari T. Wilson for Environment, John M. Colmers for Health and Mental Hygiene, and Thomas E. Perez for Labor, Licensing, and Regulation.� The nominees await final approval of the full senate.� Paula M. Carmody was also confirmed as a new people’s counsel for the Public Service Commission.

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FEDERAL

 

 

Children’s Health Insurance Program Reauthorization

On February 1, the Senate Finance Committee began its discussion of the Children’s Health Insurance Program (CHIP) which will need to be reauthorized this year.� The CHIP program was designed to expand coverage to uninsured children.� However, many states have also used the program to provide coverage to adults, such as parents of CHIP-eligible children, pregnant women, and in some cases, childless adults.� Maryland currently covers children up to 300% of the federal poverty level and pregnant women up to 200% of the federal poverty level.� During the hearing, Senator Charles Grassley commented that the program was not intended to cover adults and questioned the benefits of pulling resources away from children.� The hearing also focused on programmatic aspects of CHIP.� For example, the program does not provide an inflation adjustment.

 

Some states, like Maryland, that successfully enrolled a large percentage of eligible children early in the program have been eligible to receive unspent funds from other states that covered fewer children.� However, as enrollment has increased in other states fewer funds have been available for re-allocation, placing CHIP programs in states like Maryland under financial pressure.� Maryland has made budget adjustments to accommodate this federal trend.

 

Staff has estimated that the CHIP program costs $5 billion per year nationally.� However, due to the increased cost of care and expanded enrollments, the program will require an additional $3 billion per year, or $15 billion during the five year reauthorization period.

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BILLS INTRODUCED

Budget - Capital

Business Operations

Economic Development

General Business

General Education

General Health Care

Health Care Practitioners

Health Insurance

Higher Education

Medical Liability

Mental Health

Minority Health Disparities

Miscellaneous

Prescription Drugs

Public Health

Research/Human Subject

Taxes/Tax Policy

Tort Reform


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BILLS INTRODUCED

Budget - Capital

HB0051� Creation of a State Debt - Maryland Consolidated Capital Bond Loan of 2007, and the Maryland Consolidated Capital Bond Loans of 2000, 2001, 2003, 2004, 2005, and 2006

This bill authorizes the creation of State Debt of $806,799,000 to be used for necessary building, construction, demolition, planning, renovation, conversion, replacement, and capital equipment purchases. This bill includes $12.5 million for Johns Hopkins Hospital’s new clinical buildings and $2 million for the renovation of Gilman Hall (Johns Hopkins Bayview Medical Center has $560,000 for capital improvements in a separate individual bond bill.)

 

Effective Date:� June 1, 2007

 

For more information, please contact:� Tom Lewis

 


HB0349� Creation of a State Debt - Adventist HealthCare

This bill authorizes a State grant in the amount of $120,000 to Shady Grove Adventist Hospital for planning, design, renovation, expansion, repair, construction and capital equipping of a prenatal care center in Rockville, MD.

 

Effective Date:� June 1, 2007

 

For more information, please contact:� Sheila Higdon

 


SB0370� Creation of a State Debt - Fort Washington Medical Center

The bill authorizes a State grant of $560,000 to Fort Washington Medical Center for planning, design, renovation, expansion, repair, construction, and capital equipping of the emergency department.

 

Effective Date:� June 1, 2007

 

For more information, please contact:� Sheila Higdon

 


SB0375� Creation of a State Debt - Atlantic General Hospital

This bill authorizes a State grant in the amount of $700,000 to Atlantic General Hospital for the planning, design, renovation, expansion, repair, construction and capital equipping of an existing building to provide primary care and diabetes, outpatient pulmonary, and child sexual assault services.

 

Effective Date:� June 1, 2007

 

For more information, please contact:� Sheila Higdon

 

 

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Business Operations

HB0090� Consumer Protection - Personal Information Protection Act

This bill requires certain businesses to destroy or arrange for the destruction of records that contain personal information. It also requires certain businesses that own or license certain personal information of individuals residing in the State to maintain and implement specific security procedures and practices. Businesses must also notify individuals whose personal information is the subject of a breach in security, providing that a violation of the Act is an unfair or deceptive trade practice.

 

Effective Date:� January 1, 2008

 

For more information, please contact:� Tom Lewis

 

 

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Economic Development

HB0118� State Government - Priority Funding for Public School and Transportation Projects for BRAC

This bill compels the Interagency Committee on Public School Construction, in its recommendations to the Board of Public Works, to make a high priority of the funding of any public school construction project needed to accommodate projected student population growth resulting from the 2005 Base Realignment and Closure Commission.

 

This bill also compels the Maryland Department of Transportation to include as a priority (in its Consolidated Transportation Program) any capital project that is needed to accommodate transportation needs resulting from the 2005 Base Realignment and Closure Commission.

 

Effective Date:� October 1, 2007

 

For more information, please contact:� Matt Greenwood

 


HB0135� Maryland Life Sciences Advisory Board

This bill establishes the Maryland Life Sciences Advisory Board in the Department of Business and Economic Development, consisting of 15 members, of which, at least four must represent colleges or universities. The Advisory Board is to provide advice to the Secretary of Business and Economic Development and assist the department in developing a comprehensive state plan for promoting life science research, development, commercialization and manufacturing in the State.

 

Effective Date:� July 1, 2007

 

For more information, please contact:� Tom Lewis



hb0142� Business and Economic Development - Biotechnology Investment Incentive Act

This bill imposes eligibility restrictions for the State income tax credit allowed for investments in qualified biotechnology companies and limits the amount of credits that may be claimed by any individual to no more than 10% of the total available credit for that year or for any specific company to no more than $2 million. The bill repeals a provision making the credit refundable but allows a three year carry over.

 

Effective Date:� July 1, 2007

 

For more information, please contact:� Tom Lewis

 

 

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General Business

HB0136� Base Realignment and Closure Subcabinet

This bill establishes the Base Realignment and Closure Subcabinet in State government to coordinate the efforts of departments of the budget, environment, business and economic development, higher education, housing, and transportation. The secretaries of the departments will serve as members of the group and the Lt. Governor will be chair.� The Subcabinet is required to submit an annual report to the Governor and General Assembly.

 

Effective Date:� July 1, 2007

 

For more information, please contact:� Tom Lewis

 

 



SB0260� Labor and Employment - Leave with Pay - Illness of Employee's Immediate Family

This bill allows an employee of an employer that provides leave with pay under the terms of a collective bargaining agreement or employment policy to use leave with pay for the illness of the employee's immediate family.� The employee may only use leave that has been earned, and if the person earns more than one type of leave with pay, then the employee may elect which type of leave to be used.

 

The bill states that if the terms of a collective bargaining agreement or employment policy provide a leave with pay benefit that is equal to or greater than the benefit provided in this bill, the collective bargaining agreement or employment policy prevails.

 

This bill prohibits employers from eliminating or threatening to eliminate an existing leave with pay benefit.� Employers may not discharge, demote, suspend, discipline or otherwise discriminate against an employee or threaten to take these actions against an employee who exercises the rights granted in the bill or files a complaint, testifies against, or assists in an action brought against the employer for violating this legislation.

 

This bill does not affect leave granted under the Federal Family and Medical Leave Act of 1993.

 

Effective Date:� October 1, 2007

 

For more information, please contact:� Nicole Xander

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General Education

HB0088� Education - Nonpublic Schools - Notification of School Administration of Enrollee with Criminal Record

This bill expands the requirement that a student’s police record and juvenile court record be disclosed to the administration of the school where the student is enrolled to include non-public schools (the disclosure requirement currently only applies to public schools).

 

Effective Date:� October 1, 2007

 

For more information, please contact: �Matt Greenwood



HB0127� Public Schools - Summer Learning Pilot Program

This bill requires the State board of education to develop a model program for summer learning. The State Board of Education, in cooperation with local boards, is to select up to three schools for the Program.

 

Effective Date:� July 1, 2007

 

For more information, please contact:� Tom Lewis

 


HB0139� Education - Geographic Cost of Education Index - Funding

This bill requires the State to provide grants to certain county boards of education to reflect regional differences in the cost of education that are due to factors outside the control of local jurisdictions. The calculation and distribution of the grants begin in fiscal year 2009 and require the State Department of Education to update the geographic cost of education index at specified times.

 

Effective Date:� July 1, 2007

 

For more information, please contact:� Tom Lewis

 

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General Health Care

HB0138� Task Force on Health Care Access and Reimbursement

This bill establishes a Task Force to study access to health care providers and reimbursement levels for providers from public programs and private health insurers. The Secretary of Health and Mental Hygiene is to be chair of the Task Force.� The Task Force is to make a report and recommendations by December 31, 2007.

 

Effective Date:� July 1, 2007

 

For more information, please contact:� Tom Lewis



Sb0283� Southern Maryland Prostate Cancer Pilot Program

This bill establishes the Southern Maryland Prostate Cancer Pilot Program to fund prostate cancer screening, treatment and education services for uninsured men.� The progam will be open to men who are at least 50 years of age, and to men who are at least 40 years of age and are at high risk for prostate cancer on the advice of a physician or at the request of the individual.� The Program will be funded as provided in the State budget and through grants distributed by the Department of Health and Mental Hygiene to local health departments in Southern Maryland.� By September 2010, DHMH is to report to the Senate Finance Committee and the House Health and Government Operations Committee on the number of individuals screened and treated by the Program, including racial and ethnic data on the individuals served, and any cost savings achieved by the Program as a result of early detection of prostate cancer.

 

Effective Date:� October 1, 2007

 

For more information, please contact:� Sheila Higdon

 

 

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Health Care Practitioners

HB0040� Income Tax Credit for Services Donated to Community Health Organizations

This bill provides a State income tax credit for health care professionals who provide uncompensated health care to low-income individuals in certain community health care organizations. The total tax credit that may be awarded statewide is $250,000.� The Department of Mental Health and Hygiene is to provide for allocation of the tax credit among community health organizations. The total credit available to any individual provider is limited to $1,000.

 

Effective Date:� July 1, 2007

 

For more information, please contact:� Tom Lewis



HB0216� HIV Testing - Prohibited Exposure - Victims

This bill adds forensic scientists working under the direction of a law enforcement agency to the list of possible victims of prohibited exposure to HIV.� A forensic scientist working under the direction of a law enforcement agency would also be added to the definition of "public safety worker" required to test for HIV in the event of certain exposure.

 

Effective Date:� October 1, 2007

 

For more information, please contact:� Nicole Xander

 


SB0118� State Board of Nursing - Licensing, Certification, and Reinstatement Requirements

The bill adds former licensees who file for reinstatement of their license to those licensees required to undergo a criminal history records check, beginning in January 2008.� In addition, the bill adds to the certification requirements for medicine aides including successful completion of a Board of Nursing approved medicine aide continuing education program and 200 hours of practice as a CMA in the two years preceding renewal of certification.

 

Effective Date:� October 1, 2007

 

For more information, please contact:� Sheila Higdon



SB0255� State Board of Physicians - Sunset Extension and Program Evaluation

This bill extends the sunset for the Board of Physicians (BOP) from June 1, 2007 to July 1, 2013.

 

In addition, the bill requires that all applicants for licensure submit to a criminal history records check.� Beginning with the 2009 renewal cycle, the BOP is required to begin a process requiring criminal history records checks on selected annual review applicants as determined by regulations.� An additional criminal history records check will be required every 10 years thereafter.

 

The BOP will also be authorized to impose a civil penalty of up to $100 per CME credit for failure of a licensee to obtain the BOP required CME credits.

 

The bill also directs the BOP to develop a pilot program for continuing competency for licensed physicians that addresses the following:

1) an assessment of a licensed physician's ability to practice medicine

2) the development, excecution, and documentation of a learning plan based on the assessment

3) periodic demonstrations of continuing competence through evidence-based methods

 

The pilot program may be implemented in a state-based teaching hospital system that elects to implement the program; demonstrates the capacity to do so; and agrees to collect outcome measures to compare the competency of individuals on entry and completion of the program.� BOP may provide technical and financial assistance to support the hospital that implements this pilot program, and BOP must issue a report on the pilot program to the Governor and General Assembly within 2 years of its implementation.

 

The bill also requires proceedings of the Board or a hearing officer following the issues of formal charges to be open to the public.� Such hearings may be closed on request by either the licensee or complainant for good cause, consistent with regulations adopted by BOP.

 

In addition, the bill prohibits hospitals and related institutions and employers, from employing an individual to practice radiation oncology/therapy technology, radiation technology, or nuclear medicine technology without a certificate.� The bill also authorizes BOP to impose a civil penalty of up to $1,000 for employing such uncertified individuals; additionally, it authorizes BOP to impose a $1,000 penalty to any hospital or related instutions who limit, reduce, change, or terminate any of the above named technologists or licensed polysomnographic technologists for any reasons that might be grounds for Board disciplinary action.�

 

The bill also amends current law that authorizes a third peer reviewer utilized in the event that two reviewers have opposing decisions to render a final peer review decision.� Instead, the role of the third peer reviewer is to affirm the decision of one of the peer reviewers.

 

Effective Date:� June 1, 2007

 

For more information, please contact:� Sheila Higdon



SB0262� Consent Provisions - Minors - Mental or Emotional Disorder

This bill authorizes psychologists to be added to those health care professionals who may--over the objection of or without the consent of a minor--give a parent, guardian, or custodian information about treatment of a mental or emotional disorder needed by the minor or provided to the minor.

 

Effective Date:� October 1, 2007

 

For more information, please contact:� Sheila Higdon

 

 

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Health Insurance

HB0132� Maryland Health Care Access Act of 2007

This bill expands health care access in Maryland by:� increasing eligibility requirements for participation in the Maryland Children’s Health Program from 300% of the federal poverty level to 400% of the federal poverty level with DHMH to establish a specified annual family contribution from these individuals; establishes a “Maryland Institute for Health Care Quality,” an independent, non-profit organization that authorizes the HSCRC to adopt regulations to provide incentives in the rate setting system for adherence to quality standards and performance benchmarks; requires insurers to cover dependent children on a parent's policy until the age of 25; establishes a “health insurance exchange” for small businesses with a Board of nine members appointed by the Governor; creates a Task Force on Expanding Access to Affordable Health Care; and allows an insurance carrier to offer a discounted rate for participation in a wellness program.

 

Effective Date:� Various

 

For more information, please contact:� Tom Lewis

 

 

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Higher Education

HB0081� Maryland Higher Education Commission - Review of Duplicative Academic Programs

This bill requires the Maryland Higher Education Commission to determine whether a program approved or implemented after July 1, 2005 is a duplication of academic programs from any affected public institution of postsecondary education. The decisions of the Commission are subject to judicial review in the circuit court in accordance with Maryland Administrative Procedure Act. The retroactive application of the bill would allow Morgan State University to contest the authorization granted to Towson University and the University of Baltimore to establish a new MBA program.

 

Effective Date:� July 1, 2007

 

For more information, please contact:� Tom Lewis



HB0134� Higher Education - Tuition Affordability Act of 2007

This bill prohibits the Board of Regents of the University System of Maryland and the Board of Regents of Morgan State University from increasing the tuition for resident undergraduate students at the institutions during 2006 and 2007. This bill is coupled with a budget initiative from the new Administration to fund the University System at a level that compensates the system for the adjustment necessary to forego a tuition increase.

 

Effective Date:� July 1, 2007

 

For more information, please contact:� Tom Lewis

 

 

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Medical Liability

HB0338� Task Force on Administrative Compensation for Birth-Related Neurological Injury

This legislation creates the Task Force on Administrative Compensation for Birth-Related Neurological Injury.� The Task Force is to (1) study the administrative compensation programs for birth-related neurological injury established or proposed in other states, (2) investigate the financial, policy, administrative, and legal issues critical to the design of such a program, and (3) examine the impact of this type of program on the supply of physicians practicing obstetrics and availability of affordable obstetrical liability coverage for those physicians.

 

The Task Force would be appointed, organize, and begin deliberations no later than November 1, 2007.� An interim report would be completed by December 1, 2008 and final report completed by December 1, 2009.

 

Effective Date:� July 1, 2007

 

For more information, please contact:� Nicole Xander

 

 

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Mental Health

SB0258� State Board of Physicians - Subpoenas - Medical Records for Mental Health Services

This bill requires health care providers to disclose medical records for mental health services to the Board of physicians for investigations into complaints made by someone other than the patient.� If the Board issues a subpoena for a patient's records, on the same date that the subpoena is issues, the Board must notify the patient that the Board is issuing a subpoena and notify the recipient of the subpoena that the patient has been sent the notice as well.

 

Under this law, the patient would have the right to assert any constitutional right or other legal authority in opposition to the disclosure by filing a motion to quash or a motion for a protective order in the Circuit Court within 30 days.

 

Effective Date:� October 1, 2007

 

For more information, please contact:� Nicole Xander

 

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Minority Health Disparities

SB0269� Maryland Health Care Commission - Racial and Ethnic Variations Data - Nondiscrimination in Health Insurance

This bill authorizes the Maryland Health Care Commission to include information on racial and ethnic variations in its annual comparative evaluation of the quality of care outcomes and performance measurements of health maintenance organization (HMO) benefit plans and services.� It also prohibits HMOs from using the racial or ethnic variations data collected for this purpose to reject, deny, limit, cancel, refuse to renew, increase the rates of, affect the terms or conditions of, or otherwise affect a health insurance policy or contract.

 

Effective Date:� October 1, 2007

 

For more information, please contact:� Sheila Higdon

 

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Miscellaneous

HB0086� Vehicle Laws - Distracted Driving and Use of Wireless Communication Devices While Driving - Prohibitions

This bill creates an offense to be known as “distracted driving.”� A person would be guilty of distracted driving if that person drives in an “inattentive manner resulting in the unsafe operation” of his or her vehicle because they were reading, writing, performing personal grooming, interacting with animals, adjusting cargo, or engaging in any other activity that distracted their attention.

 

This bill makes it illegal for an individual 18+ years old with a learner’s permit or provisional driver’s license, or the driver of a school vehicle, to use a wireless communications device while driving.� It would also make it illegal for any other drivers to use their hands in the operation of a wireless communications device while driving, except to initiate or terminate a call, or to turn the device on or off.� Exceptions would be made in all cases for emergency calls.

 

Effective Date:� October 1, 2007

 

For more information, please contact:� Matt Greenwood



HB0091� Food Service Facilities - Artificial Trans Fat - Prohibition

This bill prohibits food service facilities from using in preparation or serving foods that contain artificial trans fat equal to or greater than 0.5 grams per serving. Food service facilities are to maintain on-site the original label for all foods.� The Department of Health and Mental Hygiene is required to list food service facilities that are in violation on the Department’s website.

 

Effective Date:� October 1, 2007

 

For more information, please contact:� Nicole Xander

 


SB0044� Vehicle Laws - Use of Wireless Communication Devices While Driving - Prohibitions

This bill makes it illegal for an individual 18+ years old with a learner’s permit or provisional driver’s license, or the driver of a school vehicle to use a wireless communications device while driving.� It also makes it illegal for any other drivers to use their hands in the operation of a wireless communications device while driving, except to initiate or terminate a call, or to turn the device on or off.� Exceptions would be made in all cases for emergency calls.

 

The penalties for infraction would be established as follows:

For a 1st offense, a fine of not more than $100.

For a 2nd or subsequent offense, a fine of $250.

Points may not be assessed against an individual for a first offense unless that offense contributes to an accident, and a court may waive the penalty against a first-time offender if the offender can prove that they have acquired a hands-free device of some kind.

 

Effective Date:� October 1, 2007

 

For more information, please contact:� Matt Greenwood

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Prescription Drugs

SB0281� Department of Health and Mental Hygiene - Family Health Administration - Maryland Medbank Program

This bill transfers the Maryland Medbank Program to the Family Health Administration within the Department of Health and Mental Hygiene.

 

Effective Date:� July 1, 2007

 

For more information, please contact:� Sheila Higdon

 

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Public Health

HB0078� Environmental Tobacco Smoke Elimination and Waiver Act

This bill expresses the intent of the General Assembly to protect the public from involuntary exposure to secondhand smoke. �This bill bans smoking in all indoor environments, with the following exceptions: private homes, hotel/motel rooms, and retail tobacco shops.� This bill also allows for the owner of a bar or restaurant to obtain a waiver allowing their customers to smoke.� These waivers are to be sold at auction by individual counties, with all proceeds going towards the Cigarette Restitution Fund.� The number of waivers is not to exceed 10% of the total number of bars and restaurants in the county.� The number of available waivers is to decrease in number over a period of ten years.

 

Before a bar or restaurant owner may implement a waiver, they must inform their employees of the smoking policy, and obtain a written statement from each employee attesting to the fact that, if not a smoker themselves, they understand the smoking policy and voluntarily assume any risk resulting from the policy.

 

The bill would require signs to be posted in all smoking areas indicating that smoking is permitted.� It would require the Department of Health and Mental Hygiene to report to the General Assembly on the effectiveness and enforcement of this bill.� The bill codifies fines that would be levied against any employees who violate the bill or employers who discriminate against whistleblower employees.

 

Effective Date:� June 1, 2007

 

For more information, please contact:� Matt Greenwood



HB0261� Motor Vehicles - All-Terrain Vehicles - Protective Headgear

This bill prohibits an individual who is under the age of 16 from operating or riding on an all-terrain vehicle unless the individual is wearing protective headgear that meets the standards established by the Administrator for Motorcycle Helmets established under state law in the Transportation Article.

 

Effective Date:� October 1, 2007

 

For more information, please contact:� Sheila Higdon



SB0043� Maryland Assault Weapons Ban of 2007

This bill designates certain firearms as assault weapons and requires the Handgun Roster Board to maintain a list of prohibited assault weapons.� The bill also prohibits transporting designated weapons into the state, as well as the possession, sale, transfer, purchase, or receipt of a designated weapon.

 

Effective Date:� October 1, 2007

 

For more information, please contact:� Matt Greenwood



SB0067� Income Tax - Credit for Smoking Prohibition on the Premises of Business Establishments

This bill allows a business to claim an income tax credit if that business is normally entitled to permit smoking and forgos that option and voluntarily prohibits smoking on its premises.� The applicable credit is to be the lesser of 15% of the state income tax or $5,000.

 

The Board of License Commissioners would issue eligibility certificates to certify that smoking has been prohibited.� The Board would revoke said certificate if the business violates the smoking prohibition which gave rise to the credit within 2 years of the credit being claimed.� If an eligibility certificate were revoked, the business would be forced to repay 200% of the original tax credit.

 

Effective Date:� July 1, 2007

 

For more information, please contact:� Matt Greenwood



SB0091� Clean Indoor Air Act of 2007

This bill expresses the intent of the General Assembly to protect the public from involuntary exposure to secondhand smoke.� This bill bans smoking in all indoor environments, with the following exceptions: certain hospitals/treatment facilities, private homes, hotel/motel rooms, automobiles (unless being used for child care) and retail tobacco shops.�

 

The bill would require signs to be posted in all smoking areas indicating that smoking is permitted.� It would require the Department of Health and Mental Hygiene to report to the General Assembly on the effectiveness and enforcement of this bill.� The bill codifies fines that would be levied against any employees who violate the bill or employers who discriminate against whistleblower employees.

 

Effective Date:� October 1, 2007

 

For more information, please contact:� Nicole Xander

 

 

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Research/Human Subject

SB0362� Human Cloning Prohibition Act of 2007

The bill prohibits a person from performing or attempting to perform human cloning, participating in an attempt to perform human cloning, or transferring or receiving the product of human cloning.� Human cloning is defined in the bill as human asexual reproduction accomplished by introducing the nuclear material of one or more human somatic cells into a fertilized or unfertilized oocyte whose nucleus has been or will be removed or inactivated to produce a living organism at any stage of development with a human or partially human genetic construction.��

 

The bill also stipulates that the prohibition of cloning does not restrict scientific research except that which is specifically prohibited, and does not prohibit research using embryonic stem cells obtained from donated unused human embryos that were created through in vitro fertilization for individuals being treated for infertility.� It also permits scientific research that uses nuclear transplantation or other cloning techniques to produce molecules, DNA, cells other than human embryos, tissues, organs, plans, or animals other than humans.

 

Civil penalties for violation of this bill are 1) not less than $1,000,000 or 2) two times the gross pecuniary gain an individual derives as a result of the prohibited acts.� In addition, a violation is grounds for denial of, renewal of, or revocation of licensure or certification.

 

Effective Date:� October 1, 2007

 

For more information, please contact:� Sheila Higdon

 

[BACK TO BILLS INTRODUCED]

 

 

Taxes/Tax Policy

HB0035� Income Tax - Expensing of Section 179 Property

In 2003, the State decoupled from the “accelerated depreciation of business property” provisions of the federal tax law, thus maintaining the state’s longstanding business property depreciation standards.� This bill just updates the cross-reference to the most recent federal law change.� The underlying state law on business property depreciation is unchanged.

 

Effective Date:� July 1, 2007

 

For more information, please contact:� Tom Lewis

 


HB0046� Income Tax - Research and Development Tax Credits - Modifications

This bill increases the aggregate amount of income tax credits for qualified research and development expenses from $3,000,000 to $5,000,000 per calendar year.

 

Effective Date:� July 1, 2007

 

For more information, please contact:� Sheila Higdon

 

[BACK TO BILLS INTRODUCED]

 

 

Tort Reform

HB0110� Maryland Comparative Negligence Act

Maryland is one of the only about five states that have a contributory negligence standard in negligence actions. This bill makes Maryland a “comparative fault” state and requires that any damages in a negligence action must be diminished in proportion to the amount of negligence attributed to the plaintiff. Currently, a plaintiff who has been contributory negligent is barred from recovery. MHA, the Maryland Association of Counties, and a number of business coalitions have opposed this proposal for many years.

 

Effective Date:� October 1, 2007

 

For more information, please contact:� Tom Lewis

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STAFF CONTACT INFORMATION
Please contact Government Relations if you have concerns or would like additional information. Your input assists us greatly in evaluating and formulating the position of Johns Hopkins on all legislation.

Legislative Session Office
47 State Circle, Suite 203
Annapolis, MD 21401

410-269-0057
fax 410-269-1574


Federal

Beth Felder������������������ [email protected]

Jim Kaufman���������������� [email protected]

 

State
Jessica Best���������������� [email protected]

Mickey Geisler� ����������� [email protected]

Matthew Greenwood���� [email protected]

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