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Maryland Legislative Session 2021

BILL # BILL DESCRIPTION COMMITTEE/HEARING BILL STATUS Comments
BUDGET AND TAXES
HB 0201 Impose an additional 1% income tax on capital gains; principal home sale exempt & some farm resources. W&M; Hearing 1/21 at 1:30 pm. Del. Palakovich-Carr 1st Reader
CIVIL RIGHTS
HB 0121 Establish & Fund Maryland Reparations Comsn. to identify and provide compensation for persons who ancestors were enslaved in the State of MD. May include cash payments; college tuition forgiveness and low interest loans and mortgages. No limits on amounts are given. HGO; Hearing 1/28 at 1:30 p.m.; Del. W. Fisher 1st Reader Sets a budget mandate to fund   Commission & pay reparations from State Budget;
HB 0130 Establish Commission on LGBTQ Affairs in Office of the Governor.  Commission w/work with local gov’ts. to pass LGBTQ inclusive laws.  Commission may seek money from federal government, foundations, & private sources in addition to state financing. May accept gifts, grants, donations, bequests, or endowments for any of its purposes.  Money received and income and fees derived from activities are not subject to § 7-302 of the state finance & procurement article but may be audited. HGO; Hearing 1/14 at 1:30 p.m.; Del. Qi 1st Reader
CRIMES – & LAW ENFORCEMENT
HB 0003 Parole – Life Imprisonment – Remove Governor’s authority to grant parole for life sentences. JUD – Hearing 1/18 at 1:30 pm.; Del. Clippinger 1st Reader Note: Leaves intact Governor’s authority to Pardon a Life Sent.
HB 0149 Changes prohibition to apply only to a person 18 years-old or older against knowingly promoting, advertising, soliciting, distributing, or with the intent to distribute any matter, visual representation, or performance that depicts a minor engaged in sadomasochistic abuse or sexual conduct; and generally relating child pornography JUD – Hearing 1/21 at 1:30 p.m.; 1st Reader
Del. Wilson.
HB 0151 Repeal Law Enforcement Officers Bill of Rights JUD; Del. Acevero 1st Reader
HB 0194 Require every deputy public defender, district public defender, and assistant public defender and police officer (i) undergo, before beginning service, a test for implicit bias; (ii) receive training to address implicit bias; and (iii) undergo, after receiving training, an evaluation to measure the results of the training; and ensure that anonymized data on all tests and evaluations required are available to the public on the website of the office or by request. JUD; Del. Wells 1st Reader
HB 0286 Adding First-Responders and Law Enforcement officers to the list of protected people/groups against whom Hate crimes can be charged included their person or property or property of the group. JUD; Hearing 1/19 at 1:30 pm 1st Reader Support
Del. Hartman and Long.
SB 0227 SB 227 – JPC; Hearing 2/04 at 11 a.m.  Str. Bailey 1st Reader
HB 0382 Juvenile Law- Conduct of Children involving sexually explicit or nude images sent only prohibited if a child from knowingly possessing a sexually explicit or nude image depicting another child without the other child’s consent or group of children. Child alleged to have violated this Act may be subject only to petition alleging that the child is a child in need of assistance; JUD; Hearing 1/21 at 1:30 p.m. 1st Reader The intent is to keep minors from being charged w/felonies for sharing digital images of nude or explicit behavior.  But it appears images could be shared w/others, even adults, if those pictured agreed.
Del. Wilson
EDUCATION
HB 140 Comsn. on History, Culture & Civics in Education. Recommend to State Bd & DoEd further discovery, interpretation & learning of history, culture & civics of U.S. & MD.  Gov. apts: 2 mbrs. Each from MD indigenous American tribes; MD Lantinx, African-American, Asian American & Pacific Islander comm., & 2 mbrs representing MD LGBTQI+ communities 1 of whom identifies as transgender; 1 mbr. from the MD differently-abled Community & 1 teacher. 2 from higher education & the State Spt. Schools. W&M – Hearing 1/27 at 1:30 p.m.; Del. Acevero 1st Reader
HB 0155 County Boards must adopt & maintain a written antidiscrimination policy for public and non-public schools & prekindergarten programs that prohibits discriminating against an individual’s race, ethnicity, color, religion, sex, age, national origin, marital status, sexual orientation, gender identity, or disability by refusing enrollment of, expelling, or withholding privileges from any student or prospective student for any of the above.  St. Bd. can withhold funds from non-compliant schools. W&M – Hearing -removed from schedule. Del. Wilkins 1st Reader
JPC – Hearing 1/28 at 1:30 p.m.; Str. McCray.
SB 0098 1st Reader
HB 0377 Establish a  Commission on Student Behavioral Health & Mental Health Treatment to study & recommend actions needed on behavioral health treatment & practices for students dealing with behavioral health & mental health issues, including scope of practice, age of consent for services, types of service, & duration of treatment;  revise guidelines for student behavioral health treatment & practices in school-based health centers; and research ways to coordinate school-based practices with health care provider practices to improve treatment for students who need behavioral/mental health treatment. W&M; 1st Reader Mental & behavioral health issues are real and serious, but school systems sometimes act w/o informing parents.  Parents need to be included.  Part of this may be directed at treating sexual “health” and “Gender dysphoria” w/out parent knowledge/consent.
Del. Bagnall See also under Health heading HB 132 by same sponsor.
Read:  Irreversible Damage by Abigail Shrier for detailed disc.
SB 0127 Prohibits Institutions of Higher Education from disqualifying an applicant for admission based on  their criminal history contained in a  3rd Party application. EHE; Hearing 1/27 at 11 a.m. 1st Reader
Strs. Patterson & Augustine
ELECTIONS, VOTING AND REDISTRICTING
HB 53 Restores Voting Rights to Convicted Felons still incarcerated. W&M; Hearing 1/26 at 1:30 p.m.; Del. Ivey. 1st Reader Oppose.
HB 57 Voters’ Rights Protection Act of 2021. Requires public hearings, county govt resolution and Circuit Court declaratory judgement for reducing or moving election precincts in census tracts w/minority or language minority voting age populations of 20% or more.  Would not require these actions in other precincts.  ALLOWS MAIL-IN BALLOTS TO BE POST-MARKED THE DAY AFTER THE ELECTION.  Requires a foreign Principal or agent to disclose identity in on line posts/Ads on policy issue or state official. W&M; Hearing 1/26 – 1:30 pm; Del. Rosenberg 1st Reader Strongly Oppose.
Very discriminatory to non-minority communities could be reduced/closed with no notice.  All communities should be treated the same.
A candidate/ Party w/knows on election night how many votes are needed to be mailed next day to win.
HB 136 Campaign Contributions – Prohibits video Lottery operators/owners & Executive Officers from contributing to campaign entities of non-federal candidates for state/local offices or to campaign finance entities organized/support such candidates. W&M; Hearing 1/19 – 1:30 pm.  Del. Cardin 1st Reader
HB 153 Elections by Mail.  Every registered voter w/receive a ballot by mail.  Replacement ballot provided if lost or damaged. Replacements sent are noted in the voter registry. The only difference in the bills is HB 274 states voter can discard the mail ballot and vote by any other method allowed. W&M – Hearing 1/26 – 1:30 pm; HB 153 – Del. Ivey; 1st Reader Strongly Oppose.  Many names on voters’ lists no longer are voters – moved, died, etc. Ballots can be “harvested” by removing from mail boxes; or unfairly pressuring voters.
HB 274 HB 274 – Del. Cardin
HB 156 Student & Military Voter Empowerment.  Establishes a Voter Coordinator & voting plan at every institution of hiring learning & military recruit station to encourage &support recognized student organizations engaged in voter registration & encourage students to vote. W&M – Hearing -1/26 – 1:30 p.m.; Del. Luedtke. 1st Reader Oppose.  Expensive. Not necessary.  Note: “recognized” student organizations.  Colleges c/ban or not recognize Republican or religious or issue organizations.
SB 283 SB 283 – EHE; Str. Elfreth
1st Reader
HB163 State Board of Elections – Removes Governor from the appointment process & replace with apts. By President of the Senate and Speaker of the House. W&M -Hearing 1/19 – 1:30 pm.  Del. Ivey 1st Reader Oppose.  Takes power from Governor.  Eliminates a public hearing requirement for apt.
Senate President & Speaker can remove for cause with written charges and public hearing.
HB 202 Presidential Electors w/be required to sign pledge to vote for candidate of the Party appointing them except if Compact for National Popular vote activated. Then must pledge to vote for winner of those combined states not as Maryland voters vote. W&M – Hearing 1/19 – 1:30 p.m.; – Del. Stein 1st Reader Object to section on National Popular Vote.  Electors should vote as the Voters of Maryland voted not the 15 or more states of the compact.
Authorizes the St. Bd. Elections Director to discard vote and apt substitutes if elector violates pledge.
HB 206 Early Voting (EV) Centers – Makes hours for EV the same for all elections — 8 a.m. to 8 p.m. W&M – Hearing 1/19 – 1:30 p.m.; Del. Washington 1st Reader
HB 211 Early Voting Centers – Add 2 additional days to EV. W&M – Hearing 1/19 – 1:30 p.m.; Del. Bhandari 1st Reader Additional expense not warranted.
Extends to Saturday before election.
HB 222 Value My Vote Act. Correctional Institutions must provide VR form & info. on restored voting rights at time of release, and VR forms and mail-in ballots to those incarcerated awaiting trial or convicted of misdemeanors & return ballots timely. W&M – Hearing 1/19 – 1:30 p.m.; Del. Wilkins 1st Reader
HB 265 General Assembly – Hold Special Election to Fill a Vacancy if it occurs prior to 55th day before deadline for filing candidacy in 2nd year of term.  Gov. w/ apt to vacancy lasts only until the mid-term election. Gov. w/issue proclamation for a Special  Primary Election to be held at same rime as the mid-term Primary election. If it occurs after the 55th day in the 2nd year of a term, the Governor’s apt is for the remainder of the term. W&M; Hearing 1/19 at 1:30 p.m. – Del. Moon. 1st Reader
SB 0006 SB0006 – EHE; Str. Lam & Str. Hough.
1st Reader
HB 335  Prohibits an individual from simultaneously holding a party office and an elected public office. Except it does not apply to an individual who simultaneously holds an elected public office and is on the ballot for the national presidential nominating convention W&M – Hearing 1/19 – 1:30 p.m.; Del. Boyce. 1st Reader
HB 339 Amends Constitution to require Legislative Districts to be adjoining territory, compact, substantially equal population & not account for how individuals are registered to vote, voted in the past, or political party to whom they belong.  Due regard s/be given to natural boundaries & political subdivisions. Rules & Ex. Nom. 1st Reader Support.  Would help to have more fair redistricting where voters w/choose their elected officials not officials choosing their voters.
Del. Malone
HB 341 Absentee Ballot (AB) Canvass to start 14 days prior to election. Partial or complete tabulation of AB may not be released until 1 hour after polls close on election day or after all precincts have reported. W&M – Hearing 1/26 -1:30 p.m. Del. Lehman 1st Reader
HB 355 Allows Electronic signatures for petitions, but requires a circulator to witness-in-person a voter signing a petition electronically. W&M – Hearing 1/26 at 1:30 p.m.; Del. Ruth. 1st Reader
HB 369 State Bd of Elections cannot approve a contract with an election service provider unless it requires the provider to report to State Admin. of Elections if any stage in the manufacturing of a component, or a material change in the provider’s election system occurred outside the U.S.  St. BOE must report w/in 5 days to Gov. Speaker and Senate President the foreign country and specific components involved. W&M – Hearing 1/19 at 1:30 p.m.; Del. Rosenberg 1st Reader
HB 410 Constitutional Amendment – Adds new article XX to set anti-gerrymandering standards (same as HB 339) for Congressional Districts. Rules & Ex. Nom.; Del. Malone 1st Reader Support
HB 412 Task Force to Study Increased Voter Participation. 15 members of which 2 w/be from the Minority Party.  Study expanding EV, same-day registration, mail-in voting; etc. W&M – Hearing  cancelled. Del. K. Young 1st Reader
SB 0029 Elections by Mail – Automatically mail ballots to all registered voters; set the number of polling places at the number for 2020 election dispersed t/o counties. State BOE to adopt regulations authorizing a local Board to begin tabulating mail-in ballots before election day; and MAY adopt regulations to compare signature on ID envelope to signature on file of the voter’s registration record. EHE – Str. Kramer 1st Reader Oppose.
SB 0036 Election Integrity Act. Defines agent to pick up/deliver an AB must be a family or household member.  Cannot be a candidate or campaign volunteer of a candidate in that election. Limits number of ballots delivered to 3 in an election. EHE – Str. Gallion 1st Reader
SB 0058 Local Bd. of Elections – 3 members to be appointed from the political party w/largest number of voters in the county and 2 from the political party with 2nd highest number of voters except P.G. where it is 4 from the largest party and 1 from the 2nd highest party. EHE – Str. Ellis 1st Reader  Local Boards of Election w/be controlled by the largest political party in a county.  Currently the political party of the Governor holds the majority of the seats on the local Board of Elections.
SB 224 Requires Correctional facilities to provide VR form and info to every released individual.  Post signs that voting rights are restored; report on efforts yearly.  Requires providing VR & AB to eligible incarcerated individuals. EHE – Str. West 1st Reader This bill is identical to HB 222 except that it requires providing VR info and AB to those awaiting trail or serving a sentence for a misdemeanor.
SB 233 Requires St. BOE to provide Absentee Ballot voter access to information on status of the voter’s AB or AB application; prohibiting an envelope enclosing an AB from including information that visibly identifies political party affiliation of voter; prohibiting ballot/return & return envelopes from including information visibly identifying party affiliation of the voter; EHE – Str. Simonaire 1st Reader
SB 0340 Add Election law penalties for voting more than once for a candidate for the same office or for the same ballot question; or voting or attempt to vote more than once in the same election, or voting in more than one election district or precinct. Ind. ineligible to vote for 4 years following conviction. EHE; Str. Gallion 1st Reader
ENVIRONMENT
HB 0082 Constitutional Amendment – Environmental Rights– every person has fundamental & inalienable right to a healthful environment, including clean air, water, land, a stable climate, preservation, protection, & enhancement of ecological, scenic, & historic values of the environment.  The state, a political subdivision, or any person may enforce the rights enumerated under this article against any public party through appropriate legal proceedings. ENT; Hearing 1/20 at 1:30 p.m.; Del. W. Fisher, Barron & Stewart. 1st Reader Very broad.
JPR; Hearing 1/26 at 1 p.m.
Str. Patterson 1st Reader
SB 0151
HB 0220 Clean Energy Attribute Credits & Procurement ECM; Del. Adams 1st Reader
HEALTH CARE
HB 0028 The Office of Minority Health & Health Disparities is to publish race & ethnicity data on MDH web site every 6 months.  Mandates Governor’s budget for FY 2023 & forward to include for the office an amount of at least $1,788,314 or 1.2% of the total funds for the department in that fiscal year, whichever is greater. The Office is intended to supplement funding with federal & special funding sources.  Bill requires an applicant for renewal of a license or certificate issued by a health occupations board to complete an approved program on “implicit bias” training for bias (1) of prejudicial negative feelings or beliefs about a group that an individual holds without being aware of the feelings or beliefs; and (2) unconscious attributions of particular qualities to a member of a specific social group that are influenced by experience and 3 based on learned associations between various qualities and social categories, including race and gender. HGO – Hearing 1/26 at 1:30 p.m.; Del. Pena-Melnyk and Del. R. Lewis. 1st Reader No indication of what “special funding” sources might be or of the justification for the budget mandate.
SB 0005 – FIN & B&T;
Str. Griffith.
SB 0005 1st Reader
HB 0132 Would lower the minimum age from 16 to 12 that a minor is considered mature enough to give informed consent to consultation, diagnosis, medication treatment for mental or emotional disorders.  Health care provider may withhold info from parent if provider believes disclosure will lead to harm or deter the minor from seeking care. HGO – Del. Bagnall 1st Reader Oppose.  I think this is directed at “Gender dysphoria”.  Allow a 12 yr old to request puberty blockers or testosterone to “trans” and parents w/not need to be told.  Read:  Irreversible Damage by Abigail Shrier for detailed discussion.
See: HB 132 under Education
HB 0135 Allows a Pharmacist to administer “maintenance injectable medication” that is administered by injection other than intravenously that treats a chronic need, condition, or disorder. “Maintenance injectable medication” includes a medication for the treatment of a psychiatric disorder or substance use disorder, contraception, and vitamins.  Requires 1st dose to be provided by prescriber. HGO – Hearing 1/20 at 1:30 p.m.; Del. K. Young. 1st Reader Note:  Nothing in the bill  addresses whether a minor can received these injections without parental knowledge/approval.
EHE – Hearing 1/26 at 1 p.m.;
SB 0084 Str. Young. 1st Reader
IMMIGRATION RELATED
HB 0015 Establish Governor’s Office of Immigrant Affairs to create a network of neighborhood-based centers providing immigrant services to assist immigrants with immigration status, DACA & naturalization matters, assist law enforcement in combatting crimes against immigrants, and promote civic and economic participation among immigrant communities. APP; Hearing 1/27 at 1:30 pm; Del. Pena-Melnyk 1st Reader Note:  similar set-up and process for Legal Services for Evictions under HB 18 & SB154.
EHE; Str. Rosapepe
SB 0085 1st Reader
HB0016 prohibit State or local jurisdiction agreements facilitating immigration-related detention by private entities; prohibiting governmental entities from approving zoning variances or permits for construction/reuse of buildings to house immigration-related detainees without public notification; requiring governmental entities to terminate existing contracts for the detention of immigration-related detainees by October 1, 2022; JUD; Hearing on 2/17 at 1:30 p.m.; Del. Stewart 1st Reader
HB 0304 Prohibits State and local gov’t. law enforcement and corrections officials from sharing information or data bases with Federal Immigration officials without judicial warrant.  Indemnify state/local law enforcement from costs of judgements due to refusal to give info on immigration status to Federal gov’t or another state.  Penalizes state/local gov’t. officials who cooperate with Federal Immigration officials including termination. Requires state/local officials to notify a person that Federal authorities have made an inquiry regarding civil immigration status and provide a copy of any written document with that individual within 48 hours. HB 304 – JUD – Hearing 2/17 at 1:30 p.m.; 1st Reader STRONGLY OPPOSE.  Forces Fed. Officials to arrest an immigration violator outside correctional facility increasing danger to community and officials.  Endangers fed. Official by notifying even a violent offender of officers inquiring about them.  Subjects and state or local official that provides any info to Fed. w/o a criminal warrant to firing.
Del. W. Fisher; SB 88 – JPC – Hearing 1/27 at 11 a.m.; Str. Smith
1st Reader
SB 0088
HB 0354 Criminal Procedure- Allow a court finding “facts justifying a finding of guilt” (but not actually finding the individual guilty) to suspend a portion or all of the sentence.  Last year’s Fiscal/Policy Note says that a PBJ under Maryland law wipes out the conviction, but NOT under Federal Immigration Law. Under this bill a court could suspend all of a sentence and thus not be reportable as a conviction to Federal authorities. JUD – Del. W. Fisher, Moon, Shetty & Wilkins. 1st Reader Oppose.
SB 0317 Establishes a Right to Counsel for any individual in immigration detention in MD or MD resident in detention in another State.  Authorizes non-profits to conduct outreach services and provide legal services at MD taxpayers’ expense. Establishes Office of Right to Counsel Immigration Coordinator in the AG’s office. Local Jurisdictions can set up similar offices and State budget shall fund them. JPC – Hearing on 1/27 at 11 a.m.; Str. Hettleman 1st Reader Oppose.  Hugely expensive & open ended.  Expands operations of the AG’s office.
Similar services are not available for US/MD citizens if encountering immigration problem in Canada/Mexico, etc.
LANDLORD-TENANT
HB 0018 Right to Counsel for Evictions.  Sets up a Coordinator of Right to Counsel in AG’s office.  Est.  a Task Force to designate community groups to provide outreach and legal representation and legal services to person/household facing eviction with incomes at/under 50% of MD median income; Est. a fund to receive funds from ANY SOURCE as well as State budget funds to provide these services. JUD – Del. W. Fisher; 1st Reader Note: Very similar to Right to Counsel for Immigrants under SB 0317.  But it establishes a non-lapsing fund to carry out services and outreach by community groups.  Question: Could George Soros or Big Tech contribute to these funds?
SB 0154 JPC – Hearing 1/28 – 11 a.m.
Str. Hettleman
MARIJUANA AND DRUG-RELATED
HB 0324 Increase from less than 10 grams to less than 1 oz the amount of marijuana an adult or child may possess and receive a civil fine & not be charged with intent to distribute. JUD – Hearing 1/18 at 1:30 p.m.; Del. Moon. 1st Reader This is almost 3 times the amount currently allowed.
SB. JPC – Hearing 1/20 – 11 am. Strs. Waldstreicher & Carter 1 oz is 28 grams.
SB 0143

Maryland Legislative Session 2020