Maryland General Assembly 2010
Bills of local interest
Editor's note: This is a partial list of local bills and resolutions introduced in the Maryland General Assembly by Washington County lawmakers during the 2010 regular session. For more information, go to mlis.state.md.us.
Washington County delegation
HB 397 - Adds the Washington County Community Action Council Inc. to the list of entities included in the definition of "local government" for the purposes of the Local Government Tort Claims Act. Heard Feb. 24 by the Judiciary Committee.
HB 399 - Establishes a beer tasting license in Washington County for holders of specified alcoholic beverage licenses in the county. The Board of License Commissioners would regulate when a tasting may be held. Heard Feb. 22 by the Economic Matters Committee.
HB 452 - Addresses the authority of the Washington County Commissioners to hire and set salaries for county attorneys. Passed by House, 139-0. Hearing scheduled March 30 before the Senate Judicial Proceedings Committee.
HB 453 - Allows for the polygraph testing of those who apply for employment at the Washington County Emergency Communications Center. Passed by House, 139-0. Before the Senate Finance Committee.
HB 454 - Repeals provisions of law pertaining to limitations on the authority of the County Commissioners of Washington County to provide aid to specified factory businesses in Washington County. Passed by the House, 139-0. Before the Senate Budget and Taxation Committee.
HB 458 - Increases from $50,000 to $100,000 the maximum amount of specified contracts for specified public improvements into which the County Commissioners of Washington County are authorized to enter without advertising for bids. This bill applies to projects in which another entity takes the lead. Passed by the House, 139-0. Before the Senate Budget and Taxation Committee.
HB 734 - Addresses the function of the Washington County Advisory School Design Review Committee. Requires the Washington County Board of Education to take into account the committee's comments. Heard Feb. 23 by the Appropriations Committee.
HB 837 - Exempts specified procurement expenditures for professional or technical services for Washington County from the requirements for procurement expenditures of more than $50,000. Heard March 17 by the Health and Government Operations Committee.
HB 966 - Addresses the Washington County Salary Study Commission and requires the Washington County Commissioners to set specified salaries within a specified period of time. Repeals the requirement that the commissioners submit recommendations to the legislative delegation. No hearing yet scheduled before the Environmental Matters Committee.
HB 967 - Exempts Washington County from the standard fee-in-lieu rate. Requires Washington County, in consultation with the Department of Natural Resources and the Washington County Soil Conservation District, to establish fee-in-lieu rates to be paid into the Washington County Forest Conservation Fund. No hearing yet scheduled before the Environmental Matters Committee.
HB 977 - Alters the definition of a "local government" under the Local Government Tort Claims Act to include a specified nonprofit corporation in Washington County. Heard Feb. 24 by the Judiciary Committee, which gave it an unfavorable report. Withdrawn.
HB 1057 - Authorizes the creation of a state debt not to exceed $75,000, the proceeds to be used as a grant to the board of directors of the Washington County Agricultural Education Center Inc. for the construction and capital equipping of the Rural Heritage Transportation Museum in Boonsboro. Heard March 13 by the Appropriations Committee. Cross-filed with SB 486.
HB 1336 - Authorizes Washington County to implement a global positioning satellite tracking system pilot program that will require, as a condition of a defendant's pretrial release on a charge of violating a protective order, that a court order the defendant be supervised by electronic monitoring as a condition of bail. Heard March 18 by the Judiciary Committee.
Del. John P. Donoghue, D-Washington
HB 170 - Authorizes the creation of a state debt not to exceed $250,000, the proceeds to be used as a grant to the board of directors of Deafnet Association Inc. for the design, construction, repair, renovation, reconstruction and capital equipping of the Deafnet building in Hagerstown. Heard March 13 by the Appropriations Committee. Cross-filed with SB 487.
HB 325 - Authorizes the State Board of Physical Therapy Examiners to send license renewal notices by electronic mail. Alters the amount of the maximum penalty from $5,000 to $10,000 for any violation of the laws relating to the licensure and regulation of physical therapists and the practice of physical therapy. Heard Feb. 22 by the Health and Government Operations Committee. Cross-filed with SB 485.
HB 1093 - Authorizes specified health insurance carriers to pay a clinically integrated organization or its members for services associated with the coordination of covered medical services to specified qualifying individuals. Authorizes the carriers to pay a clinically integrated organization or its members a bonus, fee-based incentive, bundled fees or other incentives. Heard March 17 by the Health and Government Operations Committee. Cross-filed with SB 723. Heard March 3 by the Finance Committee.
Del. Charles A. Jenkins, R-Frederick/Washington
HB 1012 - Requires the Division of Correction and the Division of Parole and Probation to forward information from a case record and pre-sentence investigation report, respectively, to the United States Immigration and Customs Enforcement Agency if the case record or pre-sentence investigation report indicates the inmate or the individual has an immigration status. Hearing scheduled March 23 before the Judiciary Committee.
Del. LeRoy E. Myers Jr., R-Washington/Allegany
HB 679 - Expands the types of military service for which members of the State Retirement and Pension System may apply to add to their creditable service to include National Guard service from any state. Heard March 2 by the Appropriations Committee, which gave it an unfavorable report.
HB 689 - Creates an exception for a holder of a lifetime complimentary angler's license for former prisoners of war or service-disabled veterans to the requirement to obtain a trout stamp before catching or possessing freshwater trout. Heard March 2 by the Environmental Matters Committee. Passed the House 138-0.
HB 956 - Prohibits a county or municipal corporation, subject to an exception, from requiring a licensed plumber, gas fitter, or heating, ventilation, air-conditioning and refrigeration (HVAC) contractor to display a specified certificate number, and from requiring a licensed master electrician to display a license number on a vehicle used for providing specified services. Requires a specified master electrician to display a state license number on specified vehicles used for providing specified services. Heard March 3 by the Economic Matters Committee, which gave it a favorable report. Passed the House 135-0. Before the Senate Education, Health and Environmental Affairs Committee.
HB 1311 - Alters the membership of the State Board of Plumbing, State Board of Master Electricians and the State Board of Heating, Ventilation, Air- Conditioning and Refrigeration Contractors to add two code officials to each board. Requires code official members of each board to be from the state at large. Provides the qualifications of code official board members. Hearing scheduled March 23 before the Economic Matters Committee.
HB 1464 - Authorizes a municipal corporation to establish a land bank authority by ordinance. Heard March 18 by the House Environmental Matters Committee.
HB 1520 - Provides a tax credit to businesses that either establish or expand a business facility in Maryland through projects that create at least 10 jobs. Hearing scheduled March 25 before the House Ways and Means Committee.
Del. Andrew A. Serafini, R-Washington
HB 347 - Criminalizes the destruction, defacing or graffiti-marring of property that has been foreclosed upon or property that is in foreclosure proceedings. This bill is targeted at owners or former owners of such properties. The bill as drafted would make a person who violates the law guilty of a misdemeanor, subject to jail time not exceeding 30 days or a fine not exceeding $10,000 or both. Favorable report, with amendments, by the Judiciary Committee. Passed the House, 136-0. Hearing scheduled March 31 before the Senate Judicial Proceedings Committee.
HB 486 - Requires a water appropriation or use permit to include provisions that prohibit capping or eliminating specified wells. Requires the installation of a hand pump in specified wells. Heard Feb. 17 by the Environmental Matters Committee.
HB 1128 - Requires that a specified additional cash award provided to specified state employees under the Innovative Ideas Award Program for innovative ideas shall be equal to a specified percentage of the savings or gain to the state from the innovative idea, up to $20,000. Heard March 18 by the Appropriations Committee.
HB 1515 - Would allow a retail service station dealer to sell motor fuel below cost if the sale is made in good faith to meet lawful competition.
HB 1543 - Requires the Board of Trustees of the state Retirement and Pension System to prepare quarterly reports that include information about the investments and the total fund balance of the several systems of the system.
Del. Christopher B. Shank, R-Washington
HB 523 (Justice's Law) - Increases the maximum penalty for first-degree child abuse that kills the victim from 30 years to life in prison. Heard Feb. 18 by the Judiciary Committee.
HB 603 (Health Care Freedom Act of 2010, also sponsored by Del. Andrew A. Serafini, R-Washington, and Del. Charles A. Jenkins, R-Frederick/Washington, and SB 397 sponsored by Sen. Alex X. Mooney, R-Frederick/Washington) - Would add a new article to the Maryland Constitution limiting the regulation of health care in the state. This bill would prohibit a law from compelling people to participate in any health care system. Heard March 18 by the Health and Government Operations Committee.
HB 677 - Prohibits nonpublic institutions of higher education from making or enforcing rules subjecting students at the institution to disciplinary sanctions on the basis of conduct that is speech or other communication. Heard Feb. 23 by the Appropriations Committee.
HB 1058 - Requires an electric company to apply a specified residential rate to specified buildings located in an area zoned for residential use. Heard March 16 by the Economic Matters Committee.
HB 1061 - Requires a managing official of a correctional facility to require an individual committed to the correctional facility to provide information on his or her immigration status. Hearing scheduled March 23 before the Judiciary Committee.
HB 1068 - Prohibits a person 18 years of age or older from distributing or dispensing to a minor a controlled dangerous substance, the use or ingestion of which causes the death of the minor. Conviction would be a felony, subject to a prison term not less than 20 years, but not exceeding life. Heard March 9 by the Judiciary Committee.
HB 1346 - Repeals provisions of law authorizing collective bargaining negotiations pertaining to specified state employees to include negotiations relating to the right of an employee organization to receive service fees from nonmembers. Heard March 18 by the House Appropriations Committee.
HB 1521 - Requires the owner or custodian of an animal that is removed from a place because of mistreatment to complete an administrative remedy offered by a local animal control agency or humane society officer. Hearing scheduled March 25 before the House Judiciary Committee.
Sen. George C. Edwards, R-Garrett/Allegany/Washington
SB 200 - Requires the Public Service Commission to establish a surcharge on wind-powered electric-generating facilities in Maryland with a generating capacity that does not exceed 70 megawatts. Revenue from the surcharge to be deposited into the Maryland Wind-Powered Electric Generating Facility Decommissioning and Restoration Fund. Heard Feb. 9 by the Finance Committee.
SB 288 - Authorizes the owner of real property to maintain an action to terminate a specified mineral interest under specified circumstances. Requires the owner to bring a specified action in the circuit court of a specified jurisdiction. Heard Feb. 16 by the Education, Health and Environmental Affairs, and Judicial Proceedings committees.
SB 448 - Reduces from 1,000 feet to 500 feet the distance from the boundary of a property from which gas or oil wells may be drilled for the production or underground storage of gas or oil. Heard March 2 by the Education, Health and Environmental Affairs Committee, which gave it an unfavorable report.
SB 551 - Authorizes a local governing body to adopt a preference-based arrangement that gives preference to local business entities for specified procurement for public school construction. Heard March 10 by the Budget and Taxation, and Finance committees.
SB 882 - Clarifies the authority of the Video Lottery Facility Location Commission to award video lottery operation licenses. Heard March 16 by the Budget and Taxation Committee.
SB 905 - Prohibits a person from selling at retail an alcoholic beverage with an alcohol content of 95 percent (190 proof) or more. A violation would be a misdemeanor punishable by a fine up to $1,000. Heard March 5 by the Education, Health and Environmental Affairs Committee, which gave it a favorable report. Passed the Senate, 47-0.
Sen. Alex X. Mooney, R-Frederick/Washington
SB 50 - Repeals a limitation on the period of time that a specified eligible customer-generator may accrue specified generation credit. Repeals a limitation on the time that a specified electric company is required to carry forward a generation credit or a negative kilowatt-hour reading. Heard Feb. 9 by the Finance Committee. Received an unfavorable report. Withdrawn.
SB 97 - Addresses the composition of the board of trustees of the Office of the Public Defender. Heard Feb. 24 by the Judicial Proceedings Committee.
SB 98 - Allows a qualified film production entity to claim a credit against the state income tax for specified costs incurred for film production. Heard Feb. 2.
SB 212 - Provides that homeowners in a common ownership community and residential tenants may not be prohibited from displaying noncommercial signs, posters, flags or banners on their premises, peacefully assembling on their property or contacting their neighbors, engaging in constitutionally protected activity relating to an election or vote, or restricted from using common property based on protected beliefs, expression or activities. Heard Feb. 3 by the Judicial Proceedings Committee. Favorable report, with amendments. Failed on second reading.
SB 228 - Prohibits the Department of the Environment from issuing a permit to construct an incinerator unless specified conditions are met and prohibits local jurisdictions from issuing a building permit for an incinerator unless specified conditions are met. Heard Feb. 9 by the Education, Health and Environmental Affairs Committee. Unfavorable report.
SB 333 - Prohibits the Secretary of the Environment from issuing a permit to construct an incinerator within one mile of a battlefield, wildlife or a recreational area in the National Park System. Heard March 2 by the Education, Health and Environmental Affairs Committee. Unfavorable report.
SB 384 (Job Creation and Recovery Tax Credit) - Provides a credit against the state income tax for qualified employers employing specified individuals in qualified positions. Limits the credit to $400,000 for each qualified employer and limits the aggregate credit that may be approved by the secretary to $30 million, to be allocated on a first-come, first-served basis. Heard Feb. 24 by the Budget and Taxation Committee. Unfavorable report. Withdrawn.
SB 415 - Requires the governor to proclaim a specified period each year as Hispanic Heritage Month. Heard March 4 by the Education, Health and Environmental Affairs Committee.
SB 537 - Authorizes specified not-for-profit customers to transfer specified generation credits accrued from electricity produced from specified renewable sources to specified properties. Heard Feb. 9 by the Finance Committee. Unfavorable report. Withdrawn.
SB 773 - Repeals the state income tax on corporations, to apply through Dec. 31, 2013. Heard March 9 by the Budget and Taxation Committee.
SJ 1 - Declares the sovereignty of the State of Maryland under the Tenth Amendment to the Constitution of the United States, and provides notice and demand to the government of the United States to cease and desist imposing mandates that are beyond the scope of the powers delegated to the federal government under the Constitution of the United States. Heard Feb. 17 by the Budget and Taxation Committee.
Sen. Donald F. Munson, R-Washington
SB 304 - Amends the Maryland Consolidated Capital Bond Loan of 2007 to remove the requirement that the Chesapeake and Ohio Canal National Historical Park grant and convey a specified easement. Heard March 17 by the Budget and Taxation Committee.
SB 305 - Requires the secretary of state to issue a state flag to the family of a professional or volunteer emergency medical services provider killed in the performance of duty. The state senator in which the deceased lived or served would present the flag to the family. Heard March 4 by the Education, Health and Environmental Affairs Committee, which gave it a favorable report. Passed, 47-0.
SB 485 - Authorizes the State Board of Physical Therapy Examiners to send license renewal notices by electronic mail. Alters the amount of the maximum penalty from $5,000 to $10,000 for any violation of the laws relating to the licensure and regulation of physical therapists and the practice of physical therapy. Heard March 3 by the Education, Health and Environmental Affairs Committee, which gave it a favorable report with amendments. Passed, 47-0.
SB 486 - Authorizes the creation of a state debt not to exceed $75,000, the proceeds to be used as a grant to the board of directors of the Washington County Agricultural Education Center Inc. for the construction and capital equipping of the Rural Heritage Transportation Museum in Boonsboro. Heard March 13 by the Budget and Taxation Committee.
SB 487 - Authorizes the creation of a state debt not to exceed $250,000, the proceeds to be used as a grant to the board of directors of Deafnet Association Inc. for the design, construction, repair, renovation, reconstruction and capital equipping of the Deafnet building in Hagerstown. Heard March 13 by the Budget and Taxation Committee.
SB 723 - Authorizes specified health insurance carriers to pay a clinically integrated organization or its members for services associated with the coordination of covered medical services to specified qualifying individuals. Authorizes the carriers to pay a clinically integrated organization or its members a bonus, fee-based incentive, bundled fees or other incentives. Heard March 3 by the Finance Committee.
SB 887 (State Correctional Officers' Bill of Rights) - Provides for specified rights of a state correctional officer relating to employment, investigation, and discipline under specified circumstances; provides for the procedures for the investigation or interrogation of a state correctional officer; establishes procedures for an application for a show cause order under specified circumstances; and establishes a specified limitation on administrative charges against a state correctional officer. Hearing scheduled March 23 before the Judicial Proceedings Committee.

