Legislative Update, 3/25/08

Bill that would give jail time to using your neighbor’s unsecured wi-fi dies in committee

Legislator: Obama minister Rev. Wright “spoke the truth”

A profile of Sen. James Brochin in The Baltimore Sun

With an ironclad grip on power in Annapolis and elections more than two years away, most Democrats in the Maryland General Assembly can enjoy a measure of political security.

Not Sen. James Brochin.

The maverick lawmaker from Baltimore County has been moved to the back row of the Senate chamber with freshman lawmakers despite his six-year seniority - a subtle retaliatory move by one of the state’s most powerful Democrats for defying his party during last year’s special session.

His fiscally conservative and socially progressive views make him a reliable ally for neither the Democrats nor the Republicans. And a wealthy constituent is already exploring challenging him in the 2010 Democratic primary.

Flexible leave gains support - Baltimore Sun

Maryland lawmakers are nearing approval for legislation that would require employers to let workers use sick leave to care for a parent, child or spouse, and that would extend unemployment benefits to part-time workers.

The bills, which have passed in one or both legislative chambers, have gained support this year as workers are faced with a shaky job outlook. Proponents say the measures are necessary because part-time workers make up a growing portion of the work force and because dual-job households are increasingly struggling to care for children or aging parents.

House examines funeral home industry - Baltimore Sun

In Maryland, the only way to own a funeral home is to be a licensed mortician - or to hold one of about 60 corporate licenses that were grandfathered in when lawmakers in 1945 barred corporations from owning funeral homes.

The result, some say, is that competition is limited and consumers pay too much for funerals in Maryland - as much as $800 more by one estimate. But others say the rules help maintain the highest standards for the industry.

In the aftermath of a federal judge’s ruling last fall that the ban on corporate ownership is unconstitutional, state lawmakers are weighing changes to the way the state regulates funeral homes.

House votes for study of death penalty - Sun

The House of Delegates voted 89-48 to establish a 19-member commission to study the death penalty in Maryland, defeating three amendments proposed by conservative lawmakers seeking to broaden the scope of the examination or to limit Gov. Martin O’Malley’s influence over the committee.

Del. Anthony J. O’Donnell, the House minority leader from Southern Maryland, sought to give the General Assembly the power to appoint the commission’s two co-chairs and to ensure that those who served on it didn’t work for an advocacy group.

Both amendments were defeated soundly as supporters of the measure said the guidelines for the study were sufficient to ensure an unbiased look at capital punishment. Death penalty opponents had hoped that Maryland would follow New Jersey this year in repealing the death penalty, but when lawmakers met with gridlock once again, many coalesced around the push to study. New Jersey’s decision last year followed recommendations developed by a task force.

Panel to study immigration OK’d - Sun

The House of Delegates approved yesterday the creation of a commission to study the impact of immigrants in Maryland, a measure that won the support of lawmakers in a year of sharp rhetoric surrounding how the state should handle its population of illegal immigrants.

Of the 32 bills filed this year dealing with immigration - most of which sought to cut off benefits to those who cannot prove they legally reside in the United States - the study commission may be the only step lawmakers can agree on.

Del. Pat McDonough, a Baltimore and Harford County Republican whose proposals about illegal immigration were defeated this year, decried the commission, calling it “a preordained ruse designed to be able to qualify and justify legislation which this house continues to pass to benefit illegal aliens.”

The bill passed 119-19. In the Senate, a committee has yet to forward a companion measure to the full chamber.

Bill on homeowners insurance advances - Sun

The House of Delegates has approved a bill aimed at protecting homeowners in coastal areas where some insurers have limited their business.

The chamber unanimously passed the bill on Saturday, sending it to the Senate. Lawmakers acted after some insurance companies, including Allstate Corp., stopped writing new homeowner policies in coastal areas, including those near the Chesapeake Bay. Those areas are considered at greater risk of hurricane damage because of the warming of the Atlantic Ocean.

The bill would require that insurers get prior approval for excluding coverage on property because it’s located in a certain geographic area. The bill also would require insurers to offer a discount on policies if homeowners make improvements to mitigate storm damage, like hurricane shutters.

AP: With tech tax in crosshairs of repeal, substitute still unclear

While a tax on computer services in Maryland is locked in the crosshairs of repeal, state lawmakers still are trying to decide how they could pull the trigger.
Although there are a variety of proposals for repeal and exemptions, Sen. Ulysses Currie said there doesn’t appear to be any agreement yet on how to replace the estimated $200 million that the tax would create if it goes into effect in July.

“There’s a sense that we will repeal, but it is still, “Where do we backfill the $200 million?’ I think that’s more the issue than the repeal,” said Mr. Currie, who chairs the Senate Budget and Taxation Committee.

So far, Senate President Thomas V. Mike Miller said leading alternatives appear to be a tax on high-income earners that would expire after a couple of years. Another alternative would be to use some of the $400 million the General Assembly approved for transportation during November’s special session.

Annapolis Capital: Bill would ban state sanctuary policies

Some lawmakers want to withhold state aid from local governments with sanctuary policies that prohibit employees and police officers from asking someone’s immigration status.
Delegate Warren Miller, R-Howard County, introduced a bill to ban sanctuary policies and require “local governments to fully comply with and support federal immigration law.” Non-compliance could result in loss of some state aid for policing.

The bill is “an attempt to de-incentivize illegal immigration,” Mr. Miller said.

Takoma Park and Baltimore have sanctuary policies in place, according to the Department of Legislative Services, which said Maryland law does not require county and municipal governments to assist the federal government with immigration enforcement.

Capital: Lawmakers close to mandating living shorelines

Convinced of the benefits to water quality and wildlife, state lawmakers are poised to approve legislation that would require many waterfront property owners to install “living” shorelines.
Living shorelines use plants, sand and limited amounts of rock to create a softer shoreline, rather than the wooden bulkheads and stone revetments that usually are seen along rivers and the Chesapeake Bay.