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The Bipartisanship Alert 2018

 

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THE BIPARTISANSHIP ALERT: Lawmakers Approve Important Legislation Supported By Governor Hogan
Legislators And Hogan Administration Work Together To Deliver Major Victories For All Marylanders

“I want to thank our presiding officers and the legislators on both sides of the aisle for their hard work over the past 90 days. This has been our most successful legislative session, and it was a big win for the people of Maryland. Unlike Washington, where nobody works together and nothing ever gets done, here in Annapolis we have chosen a different path. We have consistently proven that we can come together to find common sense bipartisan solutions to the serious problems that face us.” – Governor Larry Hogan, April 10, 2018

Enhancing School Safety:

  • Governor Hogan Introduced One Of The Most Aggressive School Safety Proposals In The Nation; TheAdministration Worked With The General Assembly To Develop A Comprehensive Plan, Including Many Of The Governor’s Proposals.
    • Funding For The Maryland Center For School Safety Is Increased Under This Legislation. “Beginning in fiscal year 2020 and each fiscal year thereafter, the Governor shall provide not less than $2,000,000, not including any appropriation provided for the Fund, in the annual State budget to carry out the ongoing operation of the Center.” (“Senate Bill 1265,” Maryland General Assembly, 3/16/18)
    • Legislation Requires Each School System To Develop Behavioral Health Assessment Teams To Identify Students Whose Behavior May Pose A Threat To Individuals Attending Or Working In A Public School. “On or before September 1, 2018, each local school system shall adopt a policy for the establishment of assessment teams that is consistent with the model policy developed by theSubcabinet and includes: A process for regular assessment and intervention, including diversion and de-escalation, if any individuals exhibits behavior that may pose a threat to the safety of another individual attending or working in a public school; standards for timely response and procedures for coordination among the members of an assessment team, including referral to appropriate local law enforcement officials, the local school system, and the county superintendent of information indicating that an individual may pose a threat of violence to the school; and Standards and procedures for referral of an individual for evaluation, services, or treatment when appropriate.” (“Senate Bill 1265,” Maryland General Assembly, 3/16/18)
    • Legislation Requires Local School Systems To Identify A School Safety Coordinator To Be Certified By The Center For School Safety; Additionally, Standardized Training And Certification Is Required For School Resource Officers. “Each local school system shall designate a school safety coordinator. A designated school safety coordinator shall: Be certified by the Center; and Serve as a liaison between the local school system, the local law enforcement agency, and theCenter… On or before September 1, 2018the Center, in consultation with local school systems, shall: Develop a specialized curriculum for use in training of school resource officers; and Submit thecurriculum to the Maryland Police Training and Standards Commission for approval.” (“Senate Bill 1265,” Maryland General Assembly, 3/16/18)

Growing The Economy And Jobs:

  • Governor Hogan’s PRIME Act Is Aimed At Attracting Fortune 100 Companies, Like Amazon, To Create New Headquarters Facilities In Maryland; Eligible Companies Would Be Required To Employ At Least 40,000 People Over A 17 Year Period. “‘Business entity’ means a Fortune 100 company. ‘Eligible project’ means a project established and operated by a business entity that meets the requirements set forth under § 6-903 of this subtitle. ‘Program’ means the Promoting ext-Raordinary Innovation in Maryland’s Economy Program established under this subtitle. ‘Qualified business entity’ means a business entity operating an eligible project under this subtitle. ‘Qualified position’ means a position that: is full-time and of indefinite duration; pays at least $60,000 but not more than $500,000 each year; is newly created and located at a single eligible project in the State; and is filled… There is a Promoting ext-Raordinary Innovation in Maryland’s Economy (PRIME) Program in the Department… To establish an eligible project under his subtitle, a business entity shall: submit evidence that the business entity is legally committed to expending or causing to be expended a minimum of $500,000,000 in project costs; and submit a project plan to theDepartment that commits to carry out the following activities over a 17-year period: fill at least 40,000 qualified positions at the facility and provide compensation for the qualified positions in an amount that, on average, equals at least $100,000 annually; and expend or cause to be expended a total of $4,500,000,000, including any amounts expended under item (i) of this paragraph.” (“Senate Bill 877,” Maryland General Assembly, 2/5/18)
  • Bipartisan Legislation Expands One Maryland Tax Credit And The Governor’s Successful More Jobs For Marylanders Act. “‘Tier I county’ means a county with: an average rate of unemployment for the most recent 24-month period for which data are available that exceeds 150% of the average rate of unemployment for the State during that period; an average rate of unemployment for the most recent 24-month period for which data are available that exceeds the average rate of unemployment in the State by at least 2 percentage points; or a median household income for the most recent 24-month period for which data are available that is equal to or less than 75% of the median household income for the State during that period. ‘Tier I county’ includes a county that: no longer meets any of the criteria stated in paragraph (1) of this subsection; but has met at least one of the criteria at some point during the preceding 24-month period… To be eligible for a project tax credit, a person shall: establish or expand a business facility that:is located in a Tier I county; and is located in a priority funding area under § 5–7B–02 of the State Finance and Procurement Article; or is eligible for funding outside of a priority funding area under § 5–7B–05 or § 5–7B–06 of the State Finance and Procurement Article…” (“House Bill 1295,” Maryland General Assembly, 3/27/18)
  • Legislation Introduced By Governor Hogan Establishes A Fostering Employment Program To Expand Provides Apprenticeship And Job Readiness Training To Foster Care Recipients And Unaccompanied Homeless Youth. “There is a Fostering Employment Program… The purpose of the Program is to provide employment opportunities for foster care recipients and unaccompanied homeless youth through training that leads to industry-recognized credentials… The Program shall provide foster care recipients and unaccompanied homeless youth with opportunities to obtain credentials through: a registered apprenticeship program; or job readiness training.” (“Senate Bill 308,” Maryland General Assembly, 1/22/18)
  • Provision In Legislation Includes Governor Hogan’s Proposal To Incentivize Investment In Maryland Cybersecurity Firms. “Subject to paragraphs (2) and (3) of this subsection, a qualified buyer may claim a credit against the State income tax in an amount equal to 50% of the cost incurred during the taxable year to purchase cybersecurity technology from one or more qualified sellers.. For any taxable year, the credit allowed under this section may not exceed $50,000 for each qualified buyer.” (“Senate Bill 228,” Maryland General Assembly, 3/16/18)  
  • Governor Hogan’s Fiscal Year 2019 Budget Includes $5 Million To Assist With The Johns Hopkins University With A New Center For Cell Therapy Manufacturing. (Maryland Department Of Budget And Management) 
  • The Fiscal Year 2019 Budget Allocates More Than $500,000 To Establish A Platform To Match Interns With Technology-Based Companies And To Leverage Private Funds To Support Internship Stipends. (Maryland Department Of Budget And Management)

Protecting Maryland Taxpayers And Providing Tax Relief:

  • Legislation Passed By The Maryland General Assembly Allows Marylanders To Claim Their State Return Exemptions And Itemized Deductions; Legislation Could Provide Up To $1.2 Billion In Tax Relief For Marylanders In Fiscal Year 2019. “Subject to the provisions of this section, an individual may deduct an exemption for: the taxpayer; the spouse of the taxpayer if: a joint return is not made by thetaxpayer and the spouse; and  the spouse, for the calendar year in which the taxable year of the taxpayer begins, has no gross income and is not a dependent of another taxpayer; and each individual who is a dependent, as defined in § 152 of the Internal Revenue Code, of the taxpayer for the taxable year.” (“Senate Bill 184,” Maryland General Assembly, 1/17/18)   
  • Legislation Passed By The Maryland General Assembly Alters The Value Of The Standard Deduction Increasing The Maximum Value For Single Taxpayers And Taxpayers Filing Jointly; Legislation Could Provide Up To $55.6 Million In Tax Relief For Marylanders In Fiscal Year 2019. “For an individual other than one described in paragraphs (2) and (3) of this subsection, the standard deduction: may not be less than $1,500; and may not exceed $2,250. For an individual described in § 2 of the Internal Revenue Code as a head of household or as a surviving spouse, the standard deduction: may not be less than $3,000; and may not exceed $4,500. For spouses on a joint return, the standard deduction: may not be less than $3,000; and may not exceed $4,500.” (“Senate Bill 318,” Maryland General Assembly, 3/12/18)
  • Legislation Passed Exempting The First $15,000 Of Military Retirement Income From State Taxes. “The subtraction under subsection (a) of this section includes: if on the last day of the taxable year, theindividual is at least 55 years old, the first $15,000 of military retirement income received by an individual during the taxable year.” (“House Bill 327,” Maryland General Assembly, 4/9/18)  
  • Legislation Passed Exempting the First $15,000 Of Retirement Income For Military Retirees And Correctional Officers From State Taxes. The subtraction under subsection (a) of this section includes:if, on the last day of the taxable year, the individual is under the age of  55 years, the first $5,000 of military retirement income received by an individual during the taxable year; and if, on the last day of the taxable year, the individual is at least 55 years old, the first $15,000 of military retirement income received by an individual during the taxable year… In the case of a retired correctional officer or law enforcement officer or fire, rescue, or emergency services personnel of the United States, the State, or a political subdivision of theState, the amount included under subsection (b)(1) of this section is limited to the first $15,000 of retirement income that is attributable to the resident’s employment as a law enforcement officer or fire, rescue, or emergency services personnel of the United States, the State, or a political subdivision of the State…” (“Senate Bill 996,” Maryland General Assembly, 3/16/18)
  • Amended Version Of Governor Hogan’s Small Business Relief Tax Proposal Will Provide $5 Million A Year In Tax Credits To Businesses With 14 Or Fewer Employees That Provide Paid Leave Benefits To Their Employees. The Department shall: approve all applications that qualify for a tax credit certificate under this subsection on a first-come, first-served basis… The total amount of credit certificates issued by theDepartment under this subsection may not exceed $5,000,000 (“Senate Bill 134,” Maryland General Assembly, 4/9/18)

Stopping Health Insurance Rate Increases:

  • Governor Hogan Signed Landmark Legislation That Creates The Structure For A Reinsurance Program To Be Administered By The Maryland Health Benefit Exchange To Help Stabilize Health Insurance Rates. The Exchange, in consultation with Commissioner and as approved by the Board, shall establish and implement a State Reinsurance Program: To provide reinsurance to carriers that offer individual health benefit plans in the State; that meets the requirements of a waiver approved under § 1332 of theAffordable Care Act; and that is consistent with State and federal law.” (“Senate Bill 1267,” Maryland General Assembly, 3/16/18)  
  • Legislation Provides Additional Funding Needs For Health Care Reimbursement Program. “This section applies to: an insurer, a nonprofit health service plan, a health maintenance organization, a dental plan organization, a fraternal benefit organization, and any other person subject to regulation by the State that provides a product that: is subject to the fee under § 9010 of the Affordable Care Act; and may be subject to an assessment by the State; and a managed care organization authorized under Title 15, Subtitle 1 of the Health – General Article. The purpose of this section is to recoup the aggregate amount of the health insurance provider fee that otherwise would have been assessed under § 9010 of the Affordable Care Act that is attributable to State health risk for calendar year 2019 as a bridge to stability in the individual health insurance market. In calendar year 2019, in addition to the amounts otherwise due under this subtitle, an entity subject to this section shall be subject to an assessment of 2.75% on all amounts used to calculate theentity’s premium tax liability under § 6-102 of this subtitle of the amount of the entity’s premium tax exemption value for calendar year 2018.” (“Senate Bill 387,” Maryland General Assembly, Accessed: 4/9/18; “House Bill 1782,” Maryland General Assembly, Accessed: 4/9/18)

Protecting Marylanders From Violent Crimes:

  • Governor Hogan Introduced And Advocated For Legislation To Hold Repeat Violent Criminals Accountable; Provisions Were Included In Bipartisan Comprehensive Crime Bills.
  • Provision To Eliminate Parole Eligibility For Repeat, Violent Offenders. “On conviction for a second time of a crime of violence on or after October 1, 2018, a person shall be sentenced to imprisonment for the term allowed by law, but not less than 10 years, if the person: has been convicted on a prior occasion of a crime of violence, including a conviction for a crime committed before October 1, 2018; and served a term of confinement in a correctional facility for that conviction. The court may not suspend all or part of themandatory 10-year sentence required under this paragraph. A person sentenced under this paragraph is not eligible for parole except in accordance with the provisions of § 4-305 of the correctional services article.” (“Senate Bill 101,” Maryland General Assembly, 2/6/18; “Senate Bill 101: Amendments,” Maryland General Assembly, Accessed: 4/9/18)
    • Legislation Prohibits Violent Offenders From Being Ordered to Treatment In Lieu of Incarceration Until They Are Eligible For Parole. “8-507. Except as provided in paragraph (2) of this subsection and subject to the limitations in this section, a court that finds in a criminal case or during a term of probation that a defendant has an alcohol or drug dependency may commit the defendant as a condition of release, after conviction, or at any other time the defendant voluntarily agrees to participate in treatment, to the Department for treatment that the Department recommends, even if: The defendant did not timely file a motion for reconsideration under Maryland Rule 4–345; or Thedefendant timely filed a motion for reconsideration under Maryland Rule 4–345 which was denied by the court. If a defendant is serving a sentence for a crime of violence, as defined in § 14-101 of theCriminal Law Article, a court may not order the Department to treat a defendant under this section until the defendant is eligible for parole.” (“Senate Bill 101,” Maryland General Assembly, 2/6/18; “Senate Bill 101: Amendments,” Maryland General Assembly, Accessed: 4/9/18)
    • Legislation Adds Firearm Drug Trafficking Crimes To A List Of Crimes For Which A Person May Not Possess A Firearm Without A Five Year Mandatory Sentence. “A person may not possess a regulated firearm if the person was previously convicted of: a crime of violence; a violation of § 5–602, § 5–603, § 5–604, § 5–605, § 5–612, § 5–613,  § 5–614, § 5–621, or § 5–622 of the Criminal Law Article; or an offense under the laws of another state or the United States that would constitute one of the crimes listed in item (i) or (ii) of this paragraph if committed in this State. Subject to paragraph (3) of this subsection, a person who violates this subsection is guilty of a felony and on conviction is subject to imprisonment for not less than 5 years and not exceeding 15 years. The court may not suspend any part of the mandatory minimum sentence of 5 years.” (“Senate Bill 101,” Maryland General Assembly, 2/6/18; “Senate Bill 101: Amendments,” Maryland General Assembly, Accessed: 4/9/18)     
    • Legislation Strengthens Sentences For Sexual Abuse Of A Minor. “In this section, ‘crime of violence’ means:… sexual abuse of a minor under § 3-602 of this article if… the offense involved:… theintentional touching [, not through the clothing,] of the victim’s or the offender’s genital, anal, or other intimate are for sexual arousal, gratification, or abuse…” Note: Brackets indicate matter deleted from previous law. (“Senate Bill 101,” Maryland General Assembly, 2/6/18; “Senate Bill 101: Amendments,” Maryland General Assembly, Accessed: 4/9/18)
    • Legislation Expands Provisions To Allow Law Enforcement To Use Wire Taps To Prosecute Firearm Offenses. The Attorney General, State Prosecutor, or any State’s Attorney may apply to a judge of competent jurisdiction, and the judge, in accordance with the provisions of § 10–408 of this subtitle, may grant an order authorizing the interception of wire, oral, or electronic communications by investigative or law enforcement officers when the interception may provide or has provided evidence of the commission of:… An offense involving a firearm under § 5-134, § 5-136, § 5-138, § 5-140, § 5-141, or § 5-144 of the Public Safety Article…” (“Senate Bill 1137,” Maryland General Assembly, 3/21/18; “Amendments: Senate Bill 1137,” Maryland General Assembly, Accessed: 4/9/18)
    • Legislation Established Task Force To Study Maryland’s Criminal Gang Statutes. “There is a Task Force to Study Maryland’s Criminal Gang Statutes… The Task Force shall: study existing State prohibitions on criminal gang–related activity and the efficacy of existing law in being used to obtain criminal convictions against individuals who engage in criminal gang–related activity; and make recommendations regarding changes to State law to better deter, prosecute, and punish criminal gang–related activity and persons convicted of gang–related offenses.” (“Senate Bill 1137,” Maryland General Assembly, 3/21/18; “Amendments: Senate Bill 1137,” Maryland General Assembly, Accessed: 4/9/18)

Commitment To Bold Education Initiatives:

  • Legislation Requires That By The 2021-2022 School Year Each County Board Shall Require Each Public School In Their County To Offer At Least One Computer Science Course; Also Includes $5 Million Set Aside By The Governor For Computer Science Initiatives. “Beginning in the 2021-2022 school year, each county board shall require each public high school in the county to offer at least one computer science course. The computer science course shall be of high quality and meet or exceed thecurriculum standards and requirements established by the State Board. The county board shall make efforts to: Incorporate instruction in computer science in each public elementary and middle school in the county; and increase the enrollment in middle and high school computer science courses of: female students; students with disabilities; and Students of ethnic, racial, and other demographic groups that are underrepresented in the field of computer science as identified by the U.S. Equal Employment Opportunity Commission.” (“House Bill 281,” Maryland General Assembly, 1/19/18)
  • $10 Million Is Included In The Fiscal Year 2019 Budget For A Multi-Year Collaborative Effort With TheUniversity System Of Maryland To Produce More Graduates In Key Workforce Areas Such As Science, Engineering, And Cybersecurity. (Maryland Department Of Budget And Management)

Protecting Victims Of Crime:

  • Governor Hogan Signed The Rape Survivor Family Protection Act Into Law; Legislation Was Stonewalled For Years. “Governor Larry Hogan today joined Senate President Thomas V. “Mike” Miller and Speaker of the House Mike Busch to sign the Rape Survivor Family Protection Act into law. This new law, passed with the governor’s vocal support after nearly a decade of efforts by advocates, will enable rape victims who conceive a child to terminate the parental rights of their rapist. At the outset of the 2018 session of the Maryland General Assembly, the presiding officers stated their support for this legislation, while thegovernor called on legislators to act expeditiously and pledged to sign it the moment it reached his desk.” (Press Release, “Governor Larry Hogan Signs Rape Survivor Family Protection Act,” Office Of The Governor, 2/13/18)
  • After More Than A Decade, The Repeat Sexual Predator Act Finally Passed Both Chambers Of TheGeneral Assembly. The court may admit evidence of sexually assaultive behavior if the court funds and states on the record that: The evidence is being offered to: Prove lack of consent; or Rebut an express or implied allegation that a minor fabricated the sexual offense; The defendant had an opportunity to confront and cross-examine the witness or witnesses testifying to the sexually assaultive behavior: The sexually assaultive behavior was proved by clear and convincing evidence; and The probative value of the evidence is not substantially outweighed by the danger of unfair prejudice.” The probative value of the evidence is not substantially outweighed by the danger of unfair prejudice.” (“Senate Bill 270,” Maryland General Assembly, 4/6/18; “House Bill 301,” Maryland General Assembly, 3/13/18)
  • Legislation Establishes A Deed Shielding Procedure For Address Confidentiality Program Participants; Legislation Removes Participants Deeds And Other Recorded Documents From Public Access. “A program participant who acquires an ownership interest in real property while participating in an address confidentiality program may request the shielding of real property records concerning the property in accordance with this section… The clerks of the circuit courts shall establish uniform statewide procedures for recording deeds and other instruments to comply with this part. The procedures shall, at a minimum, include provisions for: shielding recorded instruments that contain a program participant’s actual address or identity information; and Providing notice to the public of the existence of a shielded instrument and instructions for requesting access to the shielded instrument in accordance with § 3-118 of this subtitle. Nothing in this section may be interpreted to prohibit a clerk of the circuit court from returning an original deed or other instrument to the individual who submitted the instrument for recordation. All state and local agencies, including the State Department of Assessments and Taxation and all county, bicounty, municipal, and special taxing district finance offices, shall establish uniform procedures for maintaining records, including tax, utility, and zoning records, in accordance with this part.” (“House Bill 255,” Maryland General Assembly, 1/19/18)
  • Legislation Focuses On Improving Efforts Of State And Local Entities Regarding Restitution To Assist Victims. “There is a Victim Services Unit in the Governor’s Office of Crime Control and Prevention… The Unit shall coordinate with the Judiciary, the Department of Public Safety and Correctional Services, theDepartment of Juvenile Services, the Central Collection Unit, State’s Attorney’s offices and local correctional facilities to: collect data; develop best practices, using data and other evidence to the extent available, for restitution collection.; coordinate and improve efforts of State and local entities regarding restitution; ensure the interoperability of justice system databases; require that each of the databases has a data field to indicate that there are outstanding restitution orders; and coordinate to improve restitution collection.” (“House Bill 247,” Maryland General Assembly, 3/10/18)

Tackling The Heroin And Opioid Epidemic:

  • Governor Hogan’s Volume Dealer Proposal Was Included In Legislation; The Provision Will Expand The Volume Dealer Law To Include Fentanyl And Its Analogs And Allows For The Prosecution Of High-Level Drug Traffickers Who Deal In Large Quantities Of Controlled Substances. “A person may not manufacture, distribute, dispense, or possess:… 5 grams or more of fentanyl or any structural variation of fentanyl that is scheduled by the United States Drug Enforcement Administration; 28 grams or more of any mixture containing a detectable amount, as scientifically measured using representative sampling methodology, of fentanyl or any structural variation of fentanyl that is scheduled by the United States Drug Enforcement Administration.” (“Senate Bill 1137,” Maryland General Assembly, 3/21/18; “Amendments: Senate Bill 1137,” Maryland General Assembly, Accessed: 4/9/18)
  • To Further The Hogan Administration’s Efforts To Improve Data Sharing And Coordination, The Governor’s Proposed Legislation Will Allow Emergency Services Providers And Law Enforcement Officers To Input And Share Data About Opioid Overdoses. “An emergency medical services provider or a law enforcement officer who treats and releases or transports to a medical facility an individual experiencing a suspected or an actual overdose may report the incident using an appropriate information technology platform with secure access, including the Washington/Baltimore High Intensity Drug Trafficking Area overdose detection mapping application program, or any other program operated by the federal government or a unit of State or local government.” (“House Bill 359,” Maryland General Assembly, 3/30/18)

Restoring Our Most Precious Natural Asset:

  • Legislation Passed By General Assembly Includes A Provision To Allow For The State’s Bay Restoration Fund To Be Used To Provide Financial Assistance To Reimburse Homeowners For TheCost Of On-Site Sewage Systems Pumping. “Subject to paragraph (8) of this subsection, a local jurisdiction to provide financial assistance to eligible homeowners for the reasonable cost of pumping out an on-site sewage disposal system, at least once every 5 years, unless a more frequent pump out schedule is recommended during an inspection, not to exceed 10% of the funds allocated to the local jurisdiction; and In fiscal years 2020 and 2021, financial assistance to a local jurisdiction for the development of a septic stewardship plan that meets the requirements under paragraph (8)(iii)2 of this subsection…” (“House Bill 1765,” Maryland General Assembly, 3/13/18)  

Critical Investment In Our Transportation Infrastructure:

  • Governor Hogan Was The First Regional Leader To Come Up With A Real Plan To Address Funding Woes At WMATA; The Administration Worked With The General Assembly To Provide An Additional $167 Million A Year For Dedicated Metro Funding. “The Governor shall include in the State budget an appropriation for the purposes specified under paragraph (2) of this subsection of $167,000,000 from therevenues available for the State capital program in the Transportation Trust Fund. The Department shall provide an annual grant of at least $167,000,000 to the Washington Suburban Transit District to be used only to pay the capital costs of the the Washington Metropolitan Area Transit Authority.” (“Senate Bill 277,” Maryland General Assembly, 3/26/18)     

 

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