Sunday, October 6, 2024

New Maryland Laws Effective October 1, 2024

Maryland Has a New Heat Standard  that requires all workers to have access to water, shade, and rest breaks when temperatures exceed 80 degrees — it joins just a handful of other states that have standards protecting workers from extreme heat. There is no federal heat standard

In Maryland, workers now must be provided with at least 32oz of water, shaded breaks, and training on the symptoms of heat illness, including prevention. The regulations apply to both indoor and outdoor worksites where the  index can be regularly in excess of 80 degrees.

When the heat index exceeds 90 degrees, workers must have ten minutes of cooled rest (taken in the AC or shade) for every two hours' worth of work.  At a 100 degree heat index, that rest period increases to fifteen minutes for every hour worked

When high heat procedures are in place, employers must monitor for heat sickness via phone or radio, the buddy system, or other alternative means.  Employers must keep written heat plans and must also include procedures for acclimatizing workers to heat.

The Occupational Safety and Health Administration reports that 50-70% of outdoor heat-related fatalities occur within the first few days of working in a warm or hot environment when the body hasn’t had time to adjust. In the thirty year span between 1992 and 2022, nearly 1,000 workers across all industry sectors have died from heat exposure according to data from the Bureau of Labor Statistics

 

Pay Transparency in Job Postings

The new pay transparency legislation enacted this year imposes an obligation on Maryland employers to include information about the wage range for any position that the employer posts in an internal or external forum.  An employer will now be required to disclose the “wage range” for a position as part of the posting and defines “wage range” as the minimum and maximum hourly rate or salary for the position as set in good faith by the employer.   

Mandatory Disclosures in Pay Statements

Maryland employers will now be required to provide specified information to employees every payday regarding their compensation. The information that employers are required to provide to employees under the new law includes:

·         The employer’s legal name as registered with the State of Maryland, as well as the employer’s address and telephone number;

·         The date of payment and the dates of the payroll period to which the payment relates;

·         The number of hours worked by the employee during the pay period (this information does not need to be included for employees who are working in positions that are exempt for purposes of the State’s overtime law);

·         The employee’s rate of pay;

·         The gross and net pay earned during the pay period;

·         The amount and name of all deductions from the employee’s pay;

·         A list of any additional types of pay being received by the employee in the paycheck, such as commissions or bonuses; and

·         If the employee is paid at a piece rate, the applicable piece rate and the number of pieces completed at each such rate.

 

Paid Family and Medical Leave Insurance Program Changes Employers can opt for a commercial or self-insured plan if they meet specific requirements. This law affects all Maryland employers with at least one employee.

HB0602 expands protections in the Equal Pay for Equal Work Law to include pay discrimination based on sexual orientation and military status, covering service members and their families.

HB38 prohibits Baltimore's Mayor and City Council from requiring new off-street parking for residential developments near public transit stations. This aims to promote the use of public transportation.

HB1032 establishes a new signage program to guide drivers to tourist attractions, enhancing travel experiences.

HB1507/SB70 mandates that the Maryland Transit Administration must assess the impact of any service cuts or cancellations on bus routes and publicly share this information ahead of public hearings.

HB43/SB316 allows licensed drivers to operate golf carts on certain roads,

HB337/SB315 increases penalties for drivers who fail to yield to cyclists in designated lanes.

HB161/SB277 allows certain individuals, including those recently released from correctional facilities, to obtain state ID cards without fees.

HB1206 establishes a Maryland-Ireland Trade Commission to enhance trade relations,

HB981 requires state services to improve accessibility for individuals with limited English proficiency.

The snakehead bill, which would christen the toothy, invasive species, nicknamed “frankenfish,” as the Chesapeake Channa. The hope is that people who would turn their noses up at a meal of snakehead might take a chance on channa.

House Bill 728 and Senate Bill 705 direct the Maryland Health Benefit Exchange to apply for a federal waiver that would let residents buy insurance on the state’s marketplace regardless of their documentation status. If approved, it could open the door for thousands of undocumented and uninsured state residents who are currently barred from using the marketplace to go there for affordable health care plans.

Another bill will shield health care providers in Maryland from liability if they help out-of-state patients obtain gender-affirming care, so long as the services provided are legal in Maryland. SB 119 also protects those who seek gender-affirming care in Maryland from being surrendered back to a state where the treatment is prohibited.

SB 35 and HB 666 will mean a few extra dollars a month for older Marylanders getting federal food assistance. The state currently gives an extra $40 a month to those aged 62 and above in the federal Supplemental Nutrition Assistance Program, or food stamps. The new law lowers the eligibility age to 60 and boosts the monthly benefit to $50 to help pay for groceries.

The Renters’ Rights and Stabilization Act  creates a state Office of Tenants and Landlord Affairs that will help tenants know their protections and legal recourse under Maryland law. It also raises certain fees in the eviction process to reduce the number of unnecessary evictions.

The Tenant Safety Act will enable multiple tenants to jointly file a complaint with the local district court and collectively put rent payments in escrow while the complaint is adjudicated.

A law creating the Center for Firearm Violence Prevention and Intervention, which will take a data-driven, public health approach to gun violence prevention in the last legislature. The center, housed in the state Department of Health, will be geared toward collaboration between state and local government agencies, hospitals and community-based violence intervention programs.

 

SB 652requires the Department of Juvenile Services to report how many juveniles in its care were shot or shot someone else, along with their ages and county of residence. That report, due by Dec. 1 every year, must describe actions taken by the agency after each incident.

Future convictions for first-degree rape will not be eligible for a decrease in prison time for good behavior under SB 1098.

The “Kids Code” laws will require default privacy settings and safety measures for children using online platforms. The law limits the collection of data,  including geolocation data, from minors by social media and other companies, as well as sale of that data, among other requirements. A similar California law has been challenged in court, but not the Maryland law – so far.

Maryland’s treasurer is now among the list of state officials who cannot solicit or receive campaign donations during legislative sessions.

Minor league ballplayers in Maryland will be exempt from state wage and hour laws under HB 702 and SB 466. The players, who are already paid under union contracts, are exempt from federal minimum wage and overtime rules, and the law extends that to state law, too.

Retailers who sell products containing kratom cannot sell products not recognized by the Food and Drug Administration or that do not meet new labeling requirements. They are also barred from marketing it to minors. Kratom, derived from an evergreen tree native to Southeast Asia, is considered a substitute for opium and can be a stimulant at low doses. At higher doses, the herbal extract can have euphoric or sedative effects.

The DRIVE Act — short for the Distributed Renewable Integration and Vehicle Electrification Act — sets guidelines for utilities to create robust charging programs for electric vehicles.

A measure long sought by public health and environmental advocates lays out how artificial turf should be removed, replaced and disposed of.

A law that sets greenhouse gas emissions limits for cement producers and manufacturers.

A law that updates the state’s Chesapeake and Atlantic Coastal Bays Critical Area Protection Program to incorporate climate resilience, environmental justice, and equity measures. The bill also requires state and local governments to update maps of so-called critical areas at regular intervals.

A law that codifies the rights of citizens to sue individuals or entities that pollute local waterways. The legislation was a reaction to a 2023 U.S. Supreme Court decision that sought to limit what constitutes a navigable waterway, making it harder for polluters to be targeted in litigation.


This material was gathered from articles in Maryland Matters and other news outlets.

 

 

  

Tuesday, July 2, 2024

New Maryland Laws Effective July 2, 2024

Nearly 450 bills that passed the General Assembly and were signed into law by Governor Moore will become law at the beginning of next month. Here’s a look at several:

·         Ticket Scalping! Senate Bill 539 will regulate the electronic ticketing industry by banning the speculative sale of tickets. A ticket seller will have to be in physical possession of a ticket, own it or be under contract to resell it. It will also require electronic ticket marketplaces to disclose the total price of tickets, including fees and taxes, and provide a breakdown of fees that contribute to the full cost.

·         Grants for Technology Start-ups the Pava LaPere Legacy of Innovation Act will establish two grant programs in honor of a 26-year-old Baltimore entrepreneur who was killed last year. The first will provide funding for college student entrepreneurs who have established businesses in Baltimore, Columbia and Towson. The other program is for students and faculty at local universities who are creating technology startup companies.

·         Ankle Monitors Senate Bill 1095 will create a work group to study the cost and availability of ankle monitors for people placed on home detention ahead of trial. The legislation was drafted after the Maryland judiciary announced with little warning that a program providing funds for home monitoring devices for low-income Marylanders ran out of money. The program restarted in late February and is anticipated to run through June 30, 2025.

·         Grants to Help End Poverty:  The Engaging Neighborhoods, Organizations, Unions, Governments, and Households, or ENOUGH Act    The law will provide grants of up to $500,000 for proposals submitted by community organizations in areas where more than 20% of children live in poverty.

·         Correctional Ombudsman Senate Bill 134/House Bill 297 will establish an office of the correctional ombudsman to investigate administrative misdeeds, inspect prisons, and review physical and mental health care services in Maryland’s correctional system. The office will also evaluate any plans to renovate or close facilities, education and job programs, and policies on restrictive and protective housing.

·         Ban on Legacy Preferences Senate Bill 543/House Bill 4 will prohibit colleges that receive state funding from considering legacy or donor preferences when reviewing admissions applications. Universities in Maryland and across the country began revisiting their admission preferences after the U.S. Supreme Court struck down affirmative action in college admissions last year.

·         Availability of Contraception for College Students Senate Bill 527/House Bill 367 will require community colleges to create plans to provide over-the-counter contraception to students. The plans must be implemented by Aug. 1, 2025.

·         Home Delivery of Alcoholic Beverages - Senate Bill 456/House Bill 808 will establish local permits to allow for the delivery of alcoholic beverages from businesses authorized to sell them. Delivery drivers can apply for these licenses at their jurisdiction’s licensing board. The annual fee for the permit is $1,000.

·         Ban on Indoor Vaping Senate Bill 244/House Bill 283 will prohibit people from vaping in indoor public spaces, on transit and at workplaces. This legislation is a revision to the Clean Indoor Air Act, which banned cigarette smoking in certain places in Maryland in 2007.

·         Increase in Car Registration Fees:  Maryland drivers will have to pay about 60 percent more to register their vehicle. For a typical passenger car, drivers will have to pay $110 per year for their Maryland plates. Currently, Marylanders pay $135 to register their vehicles for two years.

·         Stop sign monitoring systems in Prince George’s County. Prince George’s County will be authorized to place automated enforcement systems, such as stop sign cameras, in school zones. Owners or drivers of a motor vehicle that are recorded failing to stop at a stop sign will be subject to a citation and further civil penalties under certain circumstances.

·         Noise abatement monitoring systems in Prince George’s and Montgomery counties. Both counties are establishing a pilot program to use noise abatement monitoring systems to enforce motor vehicle noise requirements. This will require counties to publish the systems’ locations on its website before activating a monitoring system.

·         New taxes and fines. . The fine for drivers who speed in work zones is increasing from the current $40, to a range of $60 to $500 depending on how much the driver went above the speed limit. The sales tax on a pack of cigarettes will increase by $1.25, to $5, and the sales tax on electronic cigarettes and vapes will rise from 12 percent to 20 percent.

·         Financial Compensation for People Wrongly Convicted Senate Bill 890/House Bill 1086 will change the circumstances under which people who have been wrongly convicted can seek financial compensation from the state. Under the new law, a person can seek compensation from the Maryland Board of Public Works under the following circumstances:

o   they received a full pardon from the governor,

o   an administrative law judge ruled the person did not commit the offense they were convicted of,

o   their conviction was reversed or vacated, and the charges were dismissed,

o   they were found not guilty on retrial, or

o   The order reversing or dismissing their conviction does not allow the case to be tried again.

·         Service members. A law being implemented next week will allow preference in hiring and promotion for spouses of service members.  The executive branch of state government must also apply a credit of 10 points on any selection test for eligible spouses and veterans. Another would expand military leave and disaster service leave for uniformed service officers from 15 to 30 days.

·         Refunding of tuition due to mental health crisis Another law being put into place regarding higher education next week is the Cameron Carden Act, named after a student who experienced mental distress after seeing racist graffiti at his university. This led him to drop out before the semester ended. Maryland universities must now accept mental health as a formal reason to withdraw, and students will receive a refund.

·         Credit on Deer Meat:   Individuals can now claim a credit from income tax for certain expenses if they harvest an antlerless deer and donate its meat to certain organizations.

·         Metro Fare Increase:  Metro fares are increasing by 12.5 percent. The maximum rail fare will increase from $6 to $6.75. Base rail and base bus fares will increase from $2 to $2.25. Late-night and weekend charges will increase from a flat $2 charge to $2.25 or $2.50, depending on trip distance. Maximum fees for MetroAccess — the paratransit service for people who cannot use bus and rail systems — will increase from $4 to $4.50.

 

 

[Most of this material was gathered from the Baltimore Sun, Baltimore Banner and Washington Post]

Thursday, April 11, 2024

2024 Maryland General Assembly Session Ends - Hundreds of Bills Sent to the Governor for His Signature

 The 2024 Legislative Session is now over.  Hundreds of bills passed the General Assembly.  Since the Governor is a Democrat and the General Assembly is Democratic controlled, the Governor will undoubtedly sign almost all of the bills that were passed.  Unfortunately, a lot of good bills did not make it to the finish line.


Here are a few of the bills that I have been following that passed the General Assembly.  If you're interested in any bills other than the ones listed here, please send me an email.

 


Bills Sent to The Governor

 

Criminal Justice

 

HB 338 – Facial Recognition – Police use of facial recognition technology would be limited to investigations of violent crimes and other serious offenses. 

 

HB814/SB744 – Juvenile Law Reform – Passed Both Houses in Different –  This is a very long and complex bill.  Here is one write up of the bill:  https://www.marylandmatters.org/2024/03/02/legislative-notes-house-approves-juvenile-justice-bill-after-fiery-debate-aid-in-dying-stalled-electricity-bill-advances

 

Education

 

HB 785 – Freedom to Read Act – The bill establishes a State policy that local school systems operate their school library media programs consistent with a set of state standards; requiring each local school system to develop a policy and procedures to review objections to materials in a school library media program; prohibiting a county board of education from dismissing, demoting, suspending, disciplining, reassigning, transferring, or otherwise retaliating against certain school library media program personnel for performing their job duties consistent with certain standards.

 

HB 1441 – Early Childhood Education – Bill creates a career ladder for early childhood teachers with alternative pathways for pre-K providers.

 

 

Elections

 

SB 480 The Protecting Election Officials Act - creates a new misdemeanor charge in state election law for threats against election officials or their families.

 

HB 4 – Prohibition on Consideration of Legacy or Donor Preference for Maryland’s public higher education institutions.

 

Environment

 

HB 457 – Synthetic Turf-Chain of Custody - Requiring the Department of the Environment to establish a system to track the chain of custody of synthetic turf installed on sports and playing fields; requiring the custodian of a synthetic turf sports or playing field in the State to report chain of custody information to the Department by January 1, 2025, or within 30 days after the completion of the installation, whichever is later; requiring a producer or seller of synthetic turf to disclose to a customer certain maintenance and cost information and reporting requirements –

 

Gun Control

 

HB 810 – Prohibition of Switch/Auto Sear – This bill prohibits the use of a Glock switch or any other auto-sear device in Maryland.


HB 947 - Gun Industry Accountability Act - The Bill gives the Attorney General the authority to sue firearms manufacturers and gun dealers.

 

Health

 

HB 328 Access to Hospital Care  - The bill will (1) Prohibit private hospitals in Maryland from using asset tests to make financial assistance determinations, and (2) Prohibit private hospitals in Maryland from restricting patient eligibility for financial assistance based on geographic determinants, including place of residency.

 

HB 576 Mental Health Emergency Evaluation and Involuntary Admission Procedures and Assisted Outpatient Treatment This bill is an omnibus behavioral health bill that would allow court-ordered outpatient treatment for individuals with severe mental illness who are not compliant with treatment and whose lack of compliance poses a potential danger to themselves or others.

HB 805 – Cannabis Zoning –  Bill would limit local zoning authority on where cannabis dispensaries can open. The bill  would prohibit jurisdictions from adopting ordinance requirements that are more restrictive than those for stores that sell alcohol. 

 

Housing

 

HB 538 —The Housing Expansion and Affordability Act - The bill incentivizes the construction of highly targeted new housing. The bill proposes modernizing local land use law; expedite and simplify approval for transit-oriented development; allow for development on former state-owned complexes; and allow housing development by nonprofit organizations.

 

 

Immigration

 

HB 728– Access to Care Act –- addresses critical health disparities faced by the immigrant community in Maryland by expanding the Affordable Care Act to all Marylanders who meet the regular eligibility criteria, regardless of their immigration status. This bill also begins to establish a state subsidy program to ensure that newly covered individuals have the funding to receive care.   

 

Health

 

SB 119/– Legally Protected Health Care – Gender Affirming Treatment This Bill Alters the definition of "legally protected health care" to include certain gender-affirming treatment, including medications and supplies,

 

 

SB 197 – Homecare Workers Employment Act – ensuring that home care workers are properly classified as employees and not independent contract –

 

Labor

 

HB 189 - Homecare Workers Employment Act of 2024 –-Bill ensures that home care workers are properly classified as employees and not independent contract. 

 

HB 609- Library Workers Empowerment Act– Allows library workers throughout Maryland to have collective bargaining rights (not all counties allow unions to negotiate with management). 

 

HB 649 – Wage Rate Transparency Bill – Requires employers to include wage ranges on job postings/employment listings.

 

 

LGBTQ Rights


SB0119- Gender Affirming Care Protection Act, - Senator Lam extends current shielding protections that protect reproductive health care to cover gender-affirming care. This is necessary to prevent harassment occurring in other states.

 

HB 602 – Employment Discrimination – Sexual Rights – Expands the current Equal Pay for Equal Work to include nondiscrimination on the basis of sexual orientation.

 

 

Renters

 

SB 162 – Limitation on Liability for Rent –Limits a special needs tenant's liability for rent to no more than 2 months' rent after the date on which the tenant vacates a leased premises.

 

HB 693 - The Renter’s Rights Stabilization Act – This is an omnibus bill that creates an Office of Tenant Rights responsible for providing renters with information about their rights under law and creating a tenant’s bill of rights; attempts to lower evictions by increasing the eviction filing fee and preventing it from being passed on to renters; mandating the reduction of security deposits from two months’ rent to one month; gives renters the right to purchase their home if it’s being sold; prioritizes families with children under 5 years old and pregnant women in the state’s new rental voucher program.

 

HB1117 – Tenant Safety Act This bill will make the “rent escrow” process more accessible to renters and groups of renters who want to hold their landlord accountable for severe conditions of disrepair that threaten life, health, or safety. Landlords who fail to make repairs will face significant financial penalties.

 

SB 370 - Community Schools - Rental Assistance for Community School Families Program and Fund

 

Transportation

 

HB 513 - The Maryland Road Worker Protection Act Administration This bill would increase work zone speed camera fines from $40 to $290 and impose a $1,000 fine for offenders with three or more citations. The bill also eliminates the need for cameras to be manned. Fines collected would fund highway and work zone safety programs.