Overview

During the 2020 Maryland State Legislative session, the Senate introduced 1,081 bills and the House introduced 1,663 bills for consideration. Of that total, 636 bills were passed by the legislature. Unfortunately, due to the economic fallout from the pandemic, Governor Hogan aggressively vetoed legislation requiring significant levels of new or increased spending.

WDC advocated for 19 unique bills, including 18 House bills (most of which were cross-filed with Senate bills) and one Senate bill that was not cross-filed. Many of these bills were sponsored or co-sponsored by our Montgomery County Senators or Delegates. Ten bills that WDC supported were passed by the state legislature and presented to the Governor. The Governor vetoed 3 of the 10 bills, leaving 7 fully enacted. WDC also supported the bill priorities of its partner, the Maryland Legislative Agenda for Women (MLAW). MLAW’s legislative agenda included 9 bills in the areas of Criminal Justice, Public Safety, and Labor and Employment. To view the current status of all legislation introduced in the 2020 session, click here for House bills and here for Senate bills. For information about which 2020 bills Governor Hogan vetoed, or allowed to become law without his signature, click here.

WDC advocated for 19 unique bills, including 18 House bills (most of which were cross-filed with Senate bills) and one Senate bill that was not cross-filed. Many of these bills were sponsored or co-sponsored by our Montgomery County Senators or Delegates. Ten bills that WDC supported were passed by the state legislature and presented to the Governor. The Governor vetoed 3 of the 10 bills, leaving 7 fully enacted. WDC also supported the bill priorities of its partner, the Maryland Legislative Agenda for Women (MLAW). MLAW’s legislative agenda included 9 bills in the areas of Criminal Justice, Public Safety, and Labor and Employment. To view the current status of all legislation introduced in the 2020 session, click here for House bills and here for Senate bills. For information about which 2020 bills Governor Hogan vetoed, or allowed to become law without his signature, click here.

WDC advocacy activities included submitting written and oral testimony, as well as, meetings with legislators. Several WDC members participated in other advocacy activities in Annapolis. Among other examples, Fran Rothstein and Ginger Macomber testified in front of the Health and Government Operations House committee in support of HB0181 establishing a State Song Advisory Panel; Diana Conway testified in front of the Economic Matters House committee in support of HB1547 to ensure end-of-life responsibilities for producers of synthetic turf; and Laura Stewart joined other passionate individuals who rallied the State House advocating for a higher performing public education system through the implementation of Blueprint for Maryland’s Future (HB1300/SB1000).

Final status for each of the bills WDC supported during the 2020 Maryland Legislative session is summarized below. There are 8 subcommittees within the WDC Advocacy Committee corresponding to each of the legislative priorities set forth in the WDC 2020 Advocacy Priorities statement.

Affordable Housing

The Affordable Housing subcommittee submitted testimony for one bill, which did not pass.

HB0821 - Montgomery County Stable Homes Act MC 12-20 prohibits evictions of a tenant holding over beyond the expiration of a lease in Montgomery County in the absence of just cause under certain circumstances; specifying the circumstances under which just cause exists; specifying that just cause is not required under certain circumstances; requiring a certain notice to a tenant to be sent in a certain manner; authorizing a landlord to evict a tenant only after providing not less than 60 days’ notice sent by first-class mail with a certificate of mailing in writing.

Aging

The subcommittee on Aging submitted written testimony on two bills, one of which was enacted.

HB0320/SB0702 – Criminal Law – Exploitation of Vulnerable Adult or Elderly Individual – Undue Influence alters the definition of "undue influence" for purposes of provisions of law prohibiting the exploitation of certain vulnerable adults or individuals at least 68 years old; requiring a court, in determining whether a transfer of property was induced by undue influence, to consider certain factors; and applying the Act prospectively. Financial and asset exploitation disproportionately impacts older women and their families. HB0320/SB0702 was not voted out of committee.

HB0304 – Consumer Protection – Unfair, Abusive, or Deceptive Trade Practices – Exploitation of Vulnerable Adults authorizes the Division of Consumer Protection in the Office of the Attorney General to bring a certain action under the Consumer Protection Act against a person who violates a certain provision of criminal law regarding the exploitation of a vulnerable adult; adding a violation of a certain provision of criminal law regarding the exploitation of a vulnerable adult to the unfair, abusive, or deceptive trade practices that are subject to enforcement and penalties under the Act. Financial, asset, and emotional exploitation disproportionately impacts older women and their families. HB0304 was enacted under Article II, Section 17(c) of the Maryland Constitution – Chapter 160.

Criminal Justice and Public Safety

The subcommittee on Criminal Justice and Public Safety submitted written testimony on four bills. Ultimately 3 of the bills regarding Prerelease Units for Women were consolidated into one bill, which passed this session, however it was vetoed by Governor Hogan. The final bill on Strangulation was enacted into law.

HB0801/SB0684, Correctional Services - Prerelease Unit for Women - Facilities and Services (Gender-Responsive Prerelease Act), requires the State to create a stand-alone, community- based prerelease unit for incarcerated women in Maryland. No such unit currently exists. women who have earned prerelease and work release status are currently housed at the Maryland Correctional Institution for Women (MCI-W), a which houses maximum security prisoners. Incarcerated men in Maryland have 9 prerelease centers for their re-entry services. This legislation was sponsored by Del. Charlotte Crutchfield (D19) and by Sen. Mary Washington with Sen. Jeff Waldstreicher (D18) as second sponsor. The Gender-Responsive Prerelease Act requires the Department of Public Safety and Correctional Services (DPSCS) to operate a comprehensive rehabilitative prerelease unit for women that is a separate structure located in or adjacent to the zip code to which the greatest number of women will be returning, which is Baltimore City. DPSCS must (1) identify a location, as specified, acquire property, and design a site plan for the unit by June 1, 2021; (2) begin construction or renovation of the facility by September 1, 2021; and (3) begin operating and providing services in the facility by June 1, 2023. The bill requires the commissioner to make evidence-based and gender-responsive services available to incarcerated women at the prerelease unit. The bill also alters existing requirements for comprehensive rehabilitative prerelease services to require the services to utilize “evidence-based programs and practices” and “innovative programs and practices.” Governor Hogan vetoed the bill consistent with his pledge to veto any legislation requiring the expenditure of additional state funds. Note: The Women’s Prerelease Bill was originally introduced as three bills – HB0608, HB0828, and HB0801. They were eventually consolidated into the one bill HB0801 summarized above.

HB0233/SB0212 Criminal Law – Assault in the First Degree – Strangulation, makes assault by strangulation a crime of assault in the first degree with a possible sentence of up to 25 years. This legislation, sponsored by Sen. Susan Lee (D16) and Del. Jesse Pippy, was enacted to raise the penalties for assault-by-strangulation, because strangulation in a domestic-violence assault against a woman strongly correlates with the eventual murder of the strangulation victim. This bill became law without Governor Hogan’s signature. HB0233 was enacted under Article II, Section 17(c) of the Maryland Constitution – Chapter 119.

Education

The subcommittee on Education submitted written testimony on two bills that passed both houses, however, Governor Hogan vetoed one of the bills. WDC also attended rallies in Annapolis in support of the Blueprint as well as lobby legislators for these 2 key education bills.

HB1300/SB1000 - Blueprint for Maryland's Future was vetoed which in effect invalidated the bill he did not veto; the Built to Learn Act, HB0001/SB0001. The Blueprint for Maryland's Future has 5 components. These include investing in (1) early childhood education, (2) transforming teaching into a high quality and high status profession, (3) implementing a rigorous curricula, bench-marked to international standards and leading to college ready and industry certified workforce credentials, (4) ensuring all students are successful by providing significantly more support for schools who that need it most, and (5) establishing a rigorous governance and accountability structure. This bill needs to be overridden by the legislature if Maryland expects to remain competitive in the global economy. There is a provision in the bill that will pause the implementation if the economy causes more than 7.5 percent loss in revenue. If HB1300/SB1000 is overridden, then the Built to Learn Act, a bill that will potentially add 400 Million dollar to Montgomery County's school construction budget, will go into effect. The Governor did not sign or veto the bill. WDC strongly supports both bills so that Montgomery County public schools can remain a competitive system and so that we can finally make progress in closing the achievement and opportunity gap. HB0001 was enacted under Article II, Section 17(c) of the Maryland Constitution – Chapter 20.

Environment

The subcommittee on the Environment submitted written testimony and appeared in Annapolis for two bills. Neither bill was voted out of committee.

HB1547 - Synthetic Turf and Turf Infill - Producer Responsibility would have required transparency and accountability regarding the disposal of synthetic turf, require disposal chain of custody documentation, and ensure that all materials that make up synthetic turf are disposed of in a responsible manner. The synthetic turf industry and scrap tire waste industry opposed the bill. There are currently no laws or regulations or extended producer responsibility requirements for the synthetic turf industry and this bill would have been groundbreaking. This issue will continue to be a problem for Maryland and other jurisdictions as more and more synthetic turf fields, usually made up of hundreds of tons of plastic and tire waste, reach the end of their life and require disposal.

HB1098 - Playground and Athletic Field Surfaces - Authorizations, Preferences, and Prohibitions would have authorized that certain funds under Program Open Space be used for the maintenance of natural grass athletic fields in land owned by the State, and would have established the use of certain natural surface materials in certain playground projects. The issue of the use of synthetic play materials will continue to have fiscal, health, and environmental impacts on jurisdictions.

Gun Violence Prevention

The subcommittee on Gun Violence Prevention submitted testimony for an important gun violence prevention bill this year. While this bill passed the Maryland General Assembly with some amendment, Governor Larry Hogan vetoed it on May 7, 2020. The Women’s Democratic Club of Montgomery County urges Maryland lawmakers to override the Governor’s veto when the General Assembly reconvenes.

HB4/SB208 – Maryland SB208 - Public Safety - Rifles and Shotguns - Sales, Rentals, and Transfer would close a critical gap in Maryland’s regulation of firearms. Currently, gun purchasers are required to undergo background checks for all purchases of handguns, but are not required to undergo background checks when purchasing rifles or shotguns from unlicensed sellers. As a result, domestic abusers, felons, and other individuals with dangerous histories – who are otherwise legally prohibited from purchasing guns – are able to obtain shotguns and rifles through online sales or at gun shows from unlicensed sellers.

While HB4/SB208 requires that a sale of rifles or shotguns must include a criminal background check, even for unlicensed sellers, the Senate Judicial Proceedings Committee approved an amendment to SB208 that exempted loans of rifles and shotguns from the background check requirement, continuing to leave in place a dangerous loophole. Despite this, the Maryland General Assembly passed HB4/SB208 in March 2020. On May 7, 2020, Governor vetoed HB4/SB208. The Governor’s veto of this important bill leaves open this dangerous loophole in Maryland law, which makes available undetected gun purchases of rifles and shotguns for convicted felons, domestic abusers, and others who are prohibited from possessing firearms.

Health

The subcommittee on Health submitted testimony for two important healthcare bills this year, both of which enacted.

HB0959/SB0872 – Health Insurance – Consumer Protections authorizes the Maryland Insurance Commissioner to enforce the consumer protections found in the federal Affordable Care Act so that Maryland residents will continue to be protected if the federal law is overturned. Among those many protections are that people with pre-existing conditions cannot be charged more or given less access to treatment than others. The law also protects the right for parents to provide health insurance coverage for children under the age of 26 and prohibits insurers from requiring copays or deductibles for prevention-related services. HB0959 was enacted under Article II, Section 17(c) of the Maryland Constitution – Chapter 620.

HB1120/SB0738 – Health Care Providers and Health Benefit Plans Discrimination in Provision of Services codifies into Maryland law the anti-discriminatory section of the Affordable Care Act adding additional protected classes of individuals. This will ensure that no Marylander would be denied medical services or otherwise discriminated against by hospitals or related institutions or insurance plans because of their race, color, religion, sex, age, national origin, marital status, sexual orientation gender identify genetic information or disability. HB1120 was enacted under Article II, Section 17(c) of the Maryland Constitution – Chapter 428.

Working Families

The subcommittee on Working Families submitted written testimony on four bills; two of those bills passed and were signed by the Governor. And two bills did not pass, included the State Song bill under the “Other” heading below.

HB0014 – Equal Pay for Equal Work – Inquiring About Wages – Prohibition on Adverse Action expands on the protections provided by the 2016 Equal Pay Act (HB1003), by adding a provision that protects an employee who enquires about their own wages (including hourly wages and overtime) or discusses another employee’s wages, from adverse action by their employer. HB0014 was enacted under Article II, Section 17(c) of the Maryland Constitution – Chapter 25.

HB0123/SB0217 – Labor and Employment – Wage History and Wage Range prohibits employers from relying on past wage history information to determine an applicant’s salary, or a current employee’s salary when considering that employee for a new position, including a promotion. This bill also requires employers to provide salary information to applicants upon request and prohibits an employer from retaliating against or refusing to interview or hire an applicant because the applicant did not provide wage history or requested wage range information. HB0123 was enacted under Article II, Section 17(c) of the Maryland Constitution – Chapter 25.

HB0839/SB0539 – Family and Medical Leave Insurance Program-Establishment (Time to Care Act of 2020), which did not pass, would have established an insurance fund pool beginning July 1, 2022, to provide up to twelve weeks of paid leave to an individual who is taking leave to care for a newborn or newly adopted child, a family member with a serious health condition, themselves if they have a serious health condition, or a service member who is next-of-kin, or has a specified need because of the military deployment of a family member. The benefit would range up to 90 percent of the employee’s average weekly wage, depending on whether the employee’s wage exceeds 65 percent of the State average weekly wage and whether the employee is taking partially paid leave.

Other

HB0181 General Provisions - State Song – Advisory Panel. The Working Families Subcommittee presented oral and written testimony on HB0181 that did not pass. This bill would have established a State Song Advisory Panel tasked with holding at least three public hearings, and recommending new lyrics and a melody for Maryland’s State song. Maryland’s current State song - “Maryland! My Maryland!” - was written to protest Union Troops in Baltimore, glorifies Maryland’s segregationist and racist past, and became a Southern Civil War battle hymn.

SB0089 – State Board of elections-Certification of Voting Systems – Standards. WDC supported the Montgomery County Delegation in their proposal to alter the standards for certification of a voting system by the State Board of Elections to include a requirement that the voting system accommodate multiple methods of voting, including ranked choice voting.