2013 Spring LTI/IA Packet

Maryland Student Legislature
Spring LTI/IA at St. Mary's College of Maryland

Saturday 9:00-9:30 am 9:15-9:30 am 9:30-9:45 am 9:45-10:15 am
Registration Committee Leadership Meeting Opening Ceremonies
Goodpaster 195 Goodpaster 197 Goodpaster 195
Workshops: Session 1 Introduction to Parliamentary Procedure Goodpaster 195 Noah Patton, Vice Delegation Chairman, McDaniel College or Legislative Topics and Bill Writing Goodpaster 197 Andrew Jannett, Federalist Caucus Leader and State Political Liaison, UMCP Workshops: Session 2 Advanced Parliamentary Procedure Brandon Porter, Attorney General, Hood College or Debate Tactics Nicholas Temple, Speaker of the Assembly, Hood College or MSL Leadership Spencer C. Knoll, Governor, Hood College Goodpaster 195 Goodpaster 197 Goodpaster 109 Goodpaster 197
10:20-10:50 am
11:00 am-12:00 pm Speaker Former Congressman Albert Wynn (D-MD4) 12:00 am-1:00 pm 1:00-1:30 pm Lunch Caucusing Federalist Caucus Tory Caucus Keynote Speaker Congresswoman Donna Edwards (D-MD4) Committee Hearings Environmental Matters Health and Government Operations Judiciary Rules and Executive Nominations Ways and Means
Goodpaster 195 Goodpaster 197 Goodpaster 197
1:30-2:15 pm 2:15-5:00 pm
Schaefer 109 Goodpaster 197 Goodpaster 230 Schaefer 111 Goodpaster 109

5:00-7:00 pm 7:00-10:00 pm 10:00 pm Sunday 9:00 am-12:00 pm 12:00-1:00 pm 1:00-4:00 pm 4:00 pm Dinner and Hotel Check-in House and Senate Proceedings Adjournment Goodpaster 195
House and Senate Proceedings Lunch House and Senate Proceedings Closing Ceremonies Governors Signing Ceremony Council of State candidacy announcements State Government Meeting
Goodpaster 195
Goodpaster 195 Goodpaster 195
4:30 pm
Goodpaster 197

Name S. Charles Knoll Governor Brooke Parker Lieutenant Governor Brandon Porter Attorney General Gary T. McKenna Secretary of State Nicholas Temple Speaker of the Assembly Travis Compton Comptroller Robert Billings Delegation Chairman Lawrence Baker Ian Briggs Mattias Falcn Jessica Klein Andrew Sauthoff Sam Choi Fran Harrison Christian Oropeo Robert Brooking Delegation Chairman Paul Stern Jasmine Blakely Michael Cowan Lt. Gov. Chief of Staff Kristen Essel John Ford Andrew Jannett State Political Liaison Delegation Hood College UMCP Hood College McDaniel College Hood College McDaniel College Washington College Washington College Washington College Washington College Washington College Washington College FCC FCC FCC UMCP UMCP UMCP UMCP UMCP UMCP UMCP Caucus Federalist Federalist Tory Federalist Federalist Federalist Independent Tory Independent Judiciary Independent Independent Tory Independent Independent Federalist Federalist Federalist Federalist Independent Federalist Federalist Committee N/A Rules N/A Ways and Means Vice Chairman N/A HGO Environmental Matters Ways and Means HGO Ways and Means Judiciary Ways and Means Environmental Matters Judiciary Environmental Matters Judiciary Vice Chairman HGO Ways and Means HGO Judiciary Ways and Means HGO Chairman

Tia Holmes Jocelyn ORourke Tim Zulf Ryan Spicer Delegation Chairman Noah Patton John Collins Shannon Conway PJ Farinella Evan King Kenneth Rankins Kevin Smith Caroline Unger Nicole Zimmerman Delegation Chairwoman Katie Bennett Laura Duesterhaus Christine Flanagan Burkely Hermann Jonathan Holtzman Michael Hullett Thomas Kenny Membership Coord. Matthew Lachkovic Morgan Lewis Zeke Rogers Taylor Schafer Emily Tanner Ben Wallace Alex Walls UMCP UMCP UMCP McDaniel College McDaniel College McDaniel College McDaniel College McDaniel College McDaniel College McDaniel College McDaniel College McDaniel College SMCM SMCM SMCM SMCM SMCM SMCM SMCM SMCM SMCM SMCM SMCM SMCM SMCM SMCM SMCM Federalist Federalist Federalist Federalist Federalist Independent Independent Federalist Federalist Federalist Federalist Federalist Federalist Tory Federalist Federalist Federalist Tory Tory Tory Independent Independent Federalist Independent Federalist Federalist Tory Ways and Means Judiciary Environmental Matters Rules Ways and Means Chairman Environmental Matters Judiciary HGO Environmental Matters Ways and Means Judiciary Ways and Means Rules Chairwoman HGO Environmental Matters HGO Judiciary Rules Environmental Matters Rules HGO Judiciary Environmental Matters Judiciary HGO Vice Chairwoman Judiciary Ways and Means

Andrew Wilhelm Jenna Witman Elizabeth Duhring Delegation Chairwoman Kevin Rein PR Director Brian Jankowski Casey Morninghoff Charles Gallagher Maria Sofia Brian Stran Kristen Geatz Annual Session Coord. Caitlin Aing Kyle Dimock Governor's Chief of Staff Matthew Geary James I. Hammond John Kachursky Tyler Mink Rachel OKeeffe Aubrey Shannon SMCM SMCM Mount St. Marys Mount St. Marys Mount St. Marys Mount St. Marys Mount St. Marys Mount St. Marys Mount St. Marys Hood College Hood College Hood College Hood College Hood College Hood College Hood College Hood College Hood College Tory Federalist Tory Tory Tory Tory Tory Tory Federalist Federalist Federalist Federalist Tory Federalist Independent Federalist Federalist Federalist Environmental Matters HGO Environmental Matters Chairwoman Rules Vice Chairman Ways and Means HGO HGO Judiciary Environmental Matters HGO Rules HGO Judiciary Chairman Ways and Means Judiciary Environmental Matters Vice Chairman Environmental Matters Ways and Means

Goodpaster Hall and Lot V-Z are highlighted on this map. All attendees must park in Lot V-Z. The Maryland Student Legislature is not responsible for tickets incurred while parking at this event.

St. Mary's College of Maryland 18952 E. Fisher Rd St. Mary's City, MD 20686 From the North (Baltimore, Annapolis) Take I-97 South to Md. Route 3 in Bowie, Maryland. Follow Rte. 3 to Md. Route 4 in Upper Marlboro. Take Rte. 4 South through Prince Frederick and cross the Thomas Johnson Bridge at Solomons. About 3 miles from the bridge turn left at the first traffic light onto Md. Route 235 South. Travel 4.5 miles through Lexington Park, turning right onto Shangri La Drive. Proceed through the next traffic light. Bear left at the fork in the road on Willows Road and drive 3 miles to the stop sign at Md. Route 5 South. Turn left and continue 4 miles to the College. From Washington, D.C. Take the Capital Beltway (I-495/95) to Exit 11A for Md. Route 4 South. Follow Rte. 4 through Prince Frederick and cross the Thomas Johnson Bridge at Solomons. Follow detailed directions from the north in italics above.

ENVIRONMENTAL MATTERS SCHAEFER 109 Chairman: Elizabeth Duhring, MSM Vice Chairman: Tyler Mink, Hood College Bill No. R014 A029 Sponsor Charles Gallagher Rachel O'Keefe 'Keefe JUDICIARY GOODPASTER 230 Time 02:15 02:30 WAYS AND MEANS GOODPASTER 109 Chairman: Noah Patton, McDaniel College Vice Chairman: Gary McKenna, McDaniel College Bill No. R012 R017 A030 Sponsor Kenneth Rankins Kristen Essel Nicole Zimmerman Time 02:15 02:30 02:45
Chairman: Matthew Geary, Hood College Vice Chairman: Robert Brooking, UMCP Bill No. R016 R018 R019 R021 A018 A019 A020 A021 A022 A023 A026 A028 Sponsor Emma McIntosh Ryan Spicer Noah Patton Yerodin Anthony Thomas Kenny Maria Sofia Robert Brooking Emily Tanner Jonathan Holtzman Burkely Hermann Burkely Hermann Morgan Lewis Time 02:15 02:30 02:45 03:00 03:15 03:30 03:45 04:00 04:15 04:30 04:45 05:00
HEALTH & GOVERNMENT OPERATIONS GOODPASTER 197 Chairman: Andrew Jannett, UMCP Vice Chairman: Emily Tanner, SMCM Bill No. R011 R015 R013 R020 R024 R022 A024 A025 A027 Sponsor Casey Morninghoff Frances Harrison Burkely Hermann Burkely Hermann Burkely Hermann Nicole Zimmerman UMCP Delegation Andy Jannett Andy Jannett Time 02:15 02:30 02:45 03:00 03:15 03:30 03:45 04:00 04:15
RULES AND EXECUTIVE NOMINATIONS SCHAEFER 111 Chairman: Nicole Zimmerman, SMCM Vice Chairman: Kevin Rein, MSM Bill No. R023 Sponsor Robert Brooking Time 02:15
A018-1213
10 AN ACT CONCERNING 20 Criminal Law Other Crimes Against the Person
30 FOR the purpose of preventing prosecution of individuals engaging in peaceful, non-coercive 40 activities with those around them. 50 By Repealing and Reenacting with Amendments 60 Article State Government 70 TITLE 3. OTHER CRIMES AGAINST THE PERSON 80 SUBTITLE 7. EXTORTION AND OTHER THREATS 90 3-705. Extortion by verbal threat 100 Annotated Code of Maryland 110 SECTION 1. BE IT ENACTED BY THE MARYLAND STUDENT LEGISLATURE, 120 that the laws of Maryland read as follows: 130 (a) Prohibited. -- A person, with the intent to unlawfully extort money, property, labor, 140 services, or anything of value from another, may not verbally threaten to: (1) accuse any person of a crime or of anything that, if true, would bring the person into contempt or disrepute; or 150 (2) (1)(i) cause physical injury to a person; 160 170 180 190 200 210 220 230 (ii) inflict emotional distress on a person; (iii) cause economic damage to a person; or (iv) cause damage to the property of a person. (b) Penalty. -- A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $ 10,00 TWICE THE VALUE OF THE EXTORTED MONEY, PROPERTY, LABOR, OR SERVICES IN ADDITION TO DOUBLE THE VALUE OF ANY COSTS ENDURED BY THE VICTIM IN PROSECUTING THE PERPETRATOR .
240 (e) Limitation. -- A prosecution for a felony under this section shall be instituted within 5 250 years after the crime was committed. 260 SECTION 2. AND BE IT FURTHER ENACTED, That this act shall take effect January 270 1, 2014. 280 MANDATES: Martin OMalley, Governor of Maryland 290 Michael Busch, Speaker of the Maryland House of Delegates 300 Thomas V. Mike Miller, President of the Maryland Senate
A018-1213
SPONSOR: Thomas Kenny, St. Marys College of Maryland
A019-1213
10 20 30 40 50 60 70 80 90 100 110 120 130 140 150 160 170 180 190 200 210 220 230 240 250 260 270 280 290 300 310 320 330 340 350 360 370
AN ACT CONCERNING Child Kidnapping Age Cap and the Minimum Penalty FOR the purpose of changing the age and minimum penalty BY repealing, and reenacting, with amendments, Article CRIMINAL LAW Title 3- OTHER CRIMES AGAINST THE PERSON Subtitle 5- KIDNAPPING Section 3-503 Child Kidnapping Annotated Code of Maryland SECTION 1. BE IT ENACTED BY THE MARYLAND STUDENT LEGISLATURE, that the laws of Maryland read as follows: 3-503. Child kidnapping (a) Prohibited. (1) A person may not, without color of right: (i) forcibly abduct, take, or carry away a child OF OR under the age of 12 17 years from: 1. the home or usual place of abode of the child; or 2. the custody and control of the child's parent or legal guardian; (ii) without the consent of the child's parent or legal guardian, persuade or entice a child OF OR under the age of 12 17 years from: 1. the child's home or usual place of abode; or 2. the custody and control of the child's parent or legal guardian; or (iii) with the intent of depriving the child's parent or legal guardian, or any person lawfully possessing the child, of the custody, care, and control of the child, knowingly secrete or harbor a child OF OR under the age of 12 17 years. (2) In addition to the prohibitions provided under paragraph (1) of this subsection, a person may not, by force or fraud, kidnap, steal, take, or carry away a child OF OR under the age of 16 17 years. (b) Penalty. (1) A person who violates subsection (a)(1) of this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years. (2) (i) Except as provided under subparagraph (ii) of this paragraph, a person, other than a parent of the child, who violates subsection (a)(2) of this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 30 years NOT LESS THAN 5 YEARS. (ii) 1. If a person convicted under subsection (a)(2) of this section is convicted in the same proceeding of rape or a first degree sexual offense under Subtitle 3 of this title, the person is guilty of a felony and on conviction is subject to imprisonment NOT LESS THAN 15 YEARS AND not exceeding life without the possibility of parole.
A019-1213
380 390 400 410 420 430 440 450 460 470
2. If the State intends to seek a sentence of imprisonment for life without the possibility of parole under subsubparagraph 1 of this subparagraph, the State shall notify the person in writing of the State's intent at least 30 days before trial. SECTION 2. AND BE IT FURTHER ENACTED, that this act shall take effect on January 1, 2014 MANDATES: Martin OMalley, Governor of Maryland Anthony G. Brown, Lieutenant Governor of Maryland Barbara Mikulski, Maryland State Senator Ben Cardin, Maryland State Senator Sam Arora, Maryland State Delegate Susan K. McComas, Maryland State Delegate
SPONSOR:
Maria Sofia, Mount St. Marys University
CO-SPONSOR: Elizabeth Duhring, Delegation Chairperson, Mount St. Marys University
A020-1213 10 20 30 40 50 60 70 80 90 100 110 120 130 140 150 160 170 180 190 240 250 260 270 280 290 300 310 320 330 340 AN ACT Concerning Criminal Law Marijuana Use or Possession of Small Amount FOR the purpose of limiting the application of certain criminal penalties for the use or possession of marijuana to a violation involving not less than a certain quantity of marijuana; establishing that the use or possession of a certain quantity of marijuana is a civil offense; establishing that a person who violates the prohibition against the use or possession of a certain quantity of marijuana shall be issued a certain citation; establishing that a violation of a certain provision of this Act is a Code violation and civil offense; providing that a minor is subject to certain procedures and dispositions; providing that an individual who is at least 18 years old is subject to certain provisions of this Act. BY repealing and reenacting, with amendments, Article Criminal Law Section 5601 Annotated Code of Maryland BY adding to Article Criminal Law Section 5601.1 Annotated Code of Maryland SECTION 1. BE IT ENACTED BY THE MARYLAND STUDENT LEGISLATURE, That the Laws of Maryland read as follows: Article Criminal Law 5601. (a) Except as otherwise provided in this title, a person may not:
(1) possess or administer to another a controlled dangerous substance, unless obtained directly or by prescription or order from an authorized provider acting in the course of professional practice; or (2) obtain or attempt to obtain a controlled dangerous substance, or procure or attempt to procure the administration of a controlled dangerous substance by: (i) fraud, deceit, misrepresentation, or subterfuge;
A020-1213
350 360 370 380 390 400 410 420 430 440 450 460 470 480 490 500 510 520 530
(ii) order; (iii) (iv)
the counterfeiting or alteration of a prescription or a written
the concealment of a material fact; the use of a false name or address;
(v) falsely assuming the title of or representing to be a manufacturer, distributor, or authorized provider; or (vi) making, issuing, or presenting a false or counterfeit prescription or written order. (b) Information that is communicated to a physician in an effort to obtain a controlled dangerous substance in violation of this section is not a privileged communication. (c) (1) Except as provided in paragraphs (2) and (3) of this subsection, a person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 4 years or a fine not exceeding $25,000 or both. (2) (I) A person whose violation of this section involves the use or possession of NOT LESS THAN 28.5 GRAMS OF marijuana is GUILTY OF A MISDEMEANOR AND ON CONVICTION IS subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both. (II) THE VIOLATION OF THIS SECTION INVOLVING 540 THE USE OR POSSESSION OF LESS THAN 28.5 GRAMS OF MARIJUANA IS 550 A CIVIL OFFENSE. (3) (i) In a prosecution for the use or possession of marijuana, the defendant introduce and the court shall consider as a mitigating factor any evidence of medical necessity. (ii) Notwithstanding paragraph (2) of this subsection, if the court finds that the person used or possessed marijuana because of medical necessity, on conviction of a violation of this section, the maximum penalty that the court may impose on the person is a fine not exceeding $100. 5601.1.
560 570 580 590 600 610 620 630
A020-1213
640 650 660 670 680 690 700 710 720 740 750 760 770
(A) A PERSON WHO VIOLATES 5601 OF THIS SUBTITLE INVOLVING THE USE OR POSSESSION OF LESS THAN 28.5 GRAMS OF MARIJUANA SHALL BE ISSUED A CITATION UNDER THIS SECTION. (B) A CITATION FOR A VIOLATION OF 5601 OF THIS SUBTITLE INVOLVING THE USE OR POSSESSION OF LESS THAN 28.5 GRAMS MARIJUANA MAY BE ISSUED BY: (1) A POLICE OFFICER AUTHORIZED TO MAKE ARRESTS; AND (2) IN STATE FORESTRY RESERVATIONS, STATE PARKS, RECREATION AREAS, AND AT HISTORIC MONUMENTS, A FOREST OR PARK WARDEN UNDER 5206(A) OF THE NATURAL RESOURCES ARTICLE. 730
800 810 820
(C) A PERSON AUTHORIZED UNDER THIS SECTION TO ISSUE A CITATION SHALL ISSUE THE CITATION IF THE PERSON HAS PROBABLE 780 CAUSE TO BELIEVE THAT THE PERSON CHARGED IS COMMITTING OR 790 HAS COMMITTED A VIOLATION OF 5601 OF THIS SUBTITLE INVOLVING THE USE OR POSSESSION OF LESS THAN 28.5 GRAMS OF MARIJUANA. (D) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, THE 830 FORM OF CITATION ISSUED TO AN ADULT FOR A VIOLATION OF 840 5601 OF THIS SUBTITLE INVOLVING THE USE OR POSSESSION OF LESS 850 THAN 28.5 GRAMS OF MARIJUANA SHALL BE AS PRESCRIBED BY THE 860 DISTRICT COURT AND SHALL BE UNIFORM THROUGHOUT THE STATE. (2) THE CITATION ISSUED TO AN ADULT SHALL CONTAIN: (I) CHARGED; (II) THE STATUTE ALLEGEDLY VIOLATED; THE NAME AND ADDRESS OF THE PERSON
870 880 890 900 910 920
(III) THE LOCATION, DATE, AND TIME THAT THE VIOLATION OCCURRED;
A020-1213 930 940 950 (IV) THE FINE THAT MAY BE IMPOSED; (V) A NOTICE THAT THE DISTRICT COURT SHALL PROMPTLY SEND TO THE PERSON CHARGED A SUMMONS TO APPEAR 960 FOR TRIAL; (VI) A NOTICE STATING THAT THE PERSON CHARGED 980 MAY COMPLY WITH THE SUMMONS TO APPEAR BY PREPAYMENT OF 990 THE FINE;
970
1000 (VII) THE SIGNATURE OF THE PERSON ISSUING 1010 THE CITATION; AND 1020 (VIII) A SPACE FOR THE PERSON CHARGED TO SIGN 1030 THE CITATION. 1040 (3) THE FORM OF CITATION ISSUED TO A MINOR SHALL: BE PRESCRIBED BY THE STATE COURT
1050 (I) 1060 ADMINISTRATOR; 1070 1080 (II)
BE UNIFORM THROUGHOUT THE STATE; AND
(III) CONTAIN THE INFORMATION LISTED IN 38A1090 33(B) OF THE COURTS ARTICLE. (E) (1) THE ISSUING JURISDICTION SHALL FORWARD A COPY 1110 OF THE CITATION AND A REQUEST FOR TRIAL TO THE DISTRICT 1120 COURT IN THE DISTRICT HAVING VENUE.
1100
1130 (2) THE DISTRICT COURT SHALL PROMPTLY SCHEDULE 1140 THE CASE FOR TRIAL AND SUMMON THE DEFENDANT TO APPEAR. 1150 1160 SUMMONS TO 1170 1180 (I) A PERSON MAY COMPLY WITH THE
1. 2.
APPEARANCE IN PERSON; APPEARANCE BY COUNSEL; OR
A020-1213 1190 3. PAYMENT OF THE FINE FOR THE OFFENSE.
1200 (II) WILLFUL FAILURE OF THE DEFENDANT TO 1210 RESPOND TO A SUMMONS IS CONTEMPT OF COURT. 1220 (F) (1) FOR PURPOSES OF THIS SECTION, A VIOLATION OF 51230 601 OF THIS SUBTITLE INVOLVING THE USE OR POSSESSION OF LESS 1240 THAN 28.5 GRAMS OF MARIJUANA IS A CODE VIOLATION AND IS A 1250 CIVIL OFFENSE. 1260 (2) A PERSON CHARGED WHO IS UNDER THE AGE OF 18 1270 YEARS SHALL BE SUBJECT TO THE PROCEDURES AND DISPOSITIONS 1280 PROVIDED IN TITLE 3, SUBTITLE 8A OF THE COURTS ARTICLE. 1290 (3) A PERSON CHARGED WHO IS AT LEAST 18 YEARS OLD 1300 SHALL BE SUBJECT TO THE PROVISIONS OF THIS SECTION.
1310
(4) ADJUDICATION OF A CODE VIOLATION UNDER 51320 601 OF THIS SUBTITLE INVOLVING THE USE OR POSSESSION OF LESS 1330 THAN 28.5 GRAMS OF MARIJUANA IS NOT A CRIMINAL CONVICTION 1340 FOR ANY PURPOSE AND DOES NOT IMPOSE ANY OF THE CIVIL 1350 DISABILITIES ORDINARILY IMPOSED BY A CRIMINAL CONVICTION. 1360 (G) IN ANY PROCEEDING FOR A CODE VIOLATION UNDER 5601 1370 OF THIS SUBTITLE INVOLVING THE USE OR POSSESSION OF LESS THAN 1380 28.5 GRAMS. 1390 (1) THE STATE HAS THE BURDEN TO PROVE THE GUILT OF 1400 THE DEFENDANT TO THE SAME EXTENT AS IS REQUIRED BY LAW IN 1410 THE TRIAL OF CRIMINAL CASES; 1420 (2) THE COURT SHALL APPLY THE EVIDENTIARY 1430 STANDARDS AS PRESCRIBED BY LAW OR RULE FOR THE TRIAL OF 1440 CRIMINAL CASES; 1450 (3) THE COURT SHALL ENSURE THAT THE DEFENDANT 1460 HAS RECEIVED A COPY OF THE CHARGES AGAINST THE DEFENDANT 1470 AND THAT THE DEFENDANT UNDERSTANDS THOSE CHARGES;
A020-1213 1480 (4) THE DEFENDANT IS ENTITLED TO CROSSEXAMINE 1490 ALLWITNESSES WHO APPEAR AGAINST THE DEFENDANT, TO PROCURE 1500 EVIDENCE OR WITNESSES ON BEHALF OF THE DEFENDANT, OR 1510 TO TESTIFY ON THE DEFENDANTS OWN BEHALF, IF THE 1520 DEFENDANT CHOOSES TO DO SO; 1530 (5) THE DEFENDANT IS ENTITLED TO BE 1540 REPRESENTED BY COUNSEL OF THE DEFENDANTS CHOICE AND 1550 AT THE EXPENSE OF THE DEFENDANT; AND 1560 (6) THE DEFENDANT MAY ENTER A PLEA OF GUILTY 1570 OR NOT GUILTY, AND THE VERDICT OF THE COURT IN THE CASE 1580 SHALL BE: 1590 1600 (I) (II) GUILTY OF A CODE VIOLATION; NOT GUILTY OF A CODE VIOLATION; OR
1610 (III) PROBATION BEFORE JUDGMENT, IMPOSED BY 1620 THE COURT IN THE SAME MANNER AND TO THE SAME EXTENT AS IS 1630 ALLOWED BY LAW IN THE TRIAL OF A CRIMINAL CASE. 1640 (H) (1) IF THE DISTRICT COURT FINDS THAT A PERSON 1650 HAS COMMITTED A CODE VIOLATION, THE COURT SHALL REQUIRE 1660 THE PERSON TO PAY A FINE NOT EXCEEDING $100. 1670 (2) THE CHIEF JUDGE OF THE DISTRICT COURT 1680 SHALL ESTABLISH A SCHEDULE FOR THE PREPAYMENT OF FINES FOR 1690 A VIOLATION OF 5601 OF THIS SUBTITLE INVOLVING THE USE OR 1700 POSSESSION OF LESS THAN 28.5 GRAMS OF MARIJUANA. 1710 (I) WHEN A DEFENDANT HAS BEEN FOUND GUILTY OF A CODE 1720 VIOLATION AND A FINE HAS BEEN IMPOSED BY THE COURT: 1730 (1) THE COURT MAY DIRECT THAT THE PAYMENT OF THE 1740 FINE BE SUSPENDED OR DEFERRED UNDER CONDITIONS THAT 1750 THE COURT MAY ESTABLISH; AND
1760 (2) IF THE DEFENDANT WILLFULLY FAILS TO PAY THE 1770 FINE IMPOSED BY THE COURT, THAT WILLFUL FAILURE MAY BE 1780
A020-1213 TREATED AS A CRIMINAL CONTEMPT OF COURT, FOR WHICH 1790 THE DEFENDANT MAY BE PUNISHED BY THE COURT AS PROVIDED 1800 BY LAW. 1810 (J) (1) THE DEFENDANT IS LIABLE FOR THE COSTS OF 1820 THE PROCEEDINGS IN THE DISTRICT COURT AND FOR PAYMENT TO 1830 THE CRIMINAL INJURIES COMPENSATION FUND.
1840 (2) THE COURT COSTS IN A CODE VIOLATION CASE UNDER 1850 5601 OF THIS SUBTITLE INVOLVING THE USE OR POSSESSION OF LESS 1860 THAN 28.5 GRAMS OF MARIJUANA IN WHICH COSTS ARE IMPOSED ARE 1870 $5. 1880 (K) (1) A DEFENDANT WHO HAS BEEN FOUND GUILTY OF A 1890 CODE VIOLATION UNDER 5601 OF THIS SUBTITLE INVOLVING 1900 THE USE OR POSSESSION OF LESS THAN 28.5 GRAMS OF 1910 MARIJUANA HAS THE RIGHT TO APPEAL OR TO FILE A MOTION FOR 1920 A NEW TRIAL OR A MOTION FOR A REVISION OF A JUDGMENT 1930 PROVIDED BY LAW IN THE TRIAL OF A CRIMINAL CASE. 1940 (2) A MOTION SHALL BE MADE IN THE SAME 1950 MANNER AS PROVIDED IN THE TRIAL OF CRIMINAL CASES, AND THE 1960 COURT, IN RULING ON THE MOTION, HAS THE SAME AUTHORITY 1970 PROVIDED IN THE TRIAL OF CRIMINAL CASES. 1980 1990 2000 2010 2020 2030 (L) (1) THE STATES ATTORNEY FOR ANY COUNTY MAY PROSECUTE A CODE VIOLATION UNDER 5601 OF THIS SUBTITLE INVOLVING THE USE OR POSSESSION OF LESS THAN 28.5 GRAMS OF MARIJUANA IN THE SAME MANNER AS PROSECUTION OF A VIOLATION OF THE CRIMINAL LAWS OF THE STATE.
(2) IN A CODE VIOLATION CASE UNDER 5601 OF 2040 THIS SUBTITLE INVOLVING THE USE OR POSSESSION OF LESS THAN 28.5 2050 GRAMS OF MARIJUANA, THE STATES ATTORNEY MAY: 2060 (I) ENTER A NOLLE PROSEQUI IN OR PLACE THE 2070 CASE ON THE STET DOCKET; AND
A020-1213 2080 (II) EXERCISE AUTHORITY IN THE SAME MANNER 2090 AS PRESCRIBED BY LAW FOR VIOLATION OF THE CRIMINAL LAWS OF 2100 THE STATE. 2110 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 2120 October 1, 2013. 2130 2140 2150 2160 MANDATES: Martin OMalley, Governor of Maryland Thomas V. Mike Miller, President of the Maryland State Senate Michael E. Busch, Speaker of the House of Delegates
SPONSOR: Robert Brooking, Delegation Chairperson University of Maryland, College Park COSPONSORS: Michael Cowan, Lt. Governors Chief of Staff University of Maryland, College Park
A020-1213
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10 20 30 40 50 60 70 80 90 100 110 120 130 140 150 160 170 180 190 200 210 220 230 240 250 260 AN ACT CONCERNING Decriminalization of Sex Work FOR the purpose of decriminalizing sex work in the state of Maryland BY repealing Article - Criminal Law Title 11 - Indecency and Obscenity Subtitle 3 - Prostitution and Related Crimes Section 11-304 Annotated Code of Maryland SECTION 1. BE IT ENACTED BY THE MARYLAND STUDENT LEGISLATURE, that the laws of Maryland read as follows: Section 11-304. Receiving earnings of prostitution. (a) Prohibited.- A person may not receive or acquire money or proceeds from the earnings of a person engaged in prostitution with the intent to: (1) promote a crime under this subtitle; (2) profit from a crime under this subtitle; or (3) conceal or disguise the nature, location, source, ownership, or control of money or proceeds of a crime under this subtitle. (b) Penalty.- A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both. (c) Statute of limitations and in banc review.- A person who violates this section is subject to 5-106(b) of the Courts Article. SECTION 2: AND BE IT FURTHER ENACTED, That all laws or parts of laws, public general or public local, inconsistent with this Act, are repealed to the extent of the inconsistency. SECTION 3. AND BE IT FURTHER ENACTED, that this law shall take effect April 1, 2013 MANDATES: Martin OMalley, Governor of Maryland
SPONSOR: Emily Tanner, St. Marys College of Maryland
A022-1213 10 20 30 40 50 60 70 80 90 100 110 120 130 140 150 160 170 180 190 200 210 220 230 240 AN ACT CONCERNING Evidentiary Standards on Maryland Roadways FOR the purpose of augmenting present practices BY enacting Article -- Criminal Procedure Title 2 -- Law Enforcement Procedures; Arrest Process Subtitle 1 -- Definitions; General Provisions Section 2-109 Annotated Code of Maryland (2012) SECTION 1. BE IT ENACTED BY THE MARYLAND STUDENT LEGISLATURE, That the Laws of Maryland read as follows: 2-109 MINIMAL EVIDENTIARY STANDARDS FOR CANINE UNIT OPERATIONS WITH REGARD TO VEHICLES. (A) MINIMUM STANDARD. A LAW ENFORCEMENT OFFICER MUST ESTABLISH A REASONABLE SUSPICION OF A DRIVER OR A PASSENGERS INVOLVEMENT IN A CRIMINAL ACT BEFORE ENGAGING A VEHICLE WITH A CANINE-ASSISTED CONTROLLED DANGEROUS SUBSTANCE SEARCH PROCEDURE. (I) UNOCCUPIED VEHICLES.UNOCCUPIED VEHICLES SHALL BE HELD TO THE SAME EVIDENTIARY STANDARD. (B) EXCEPTION.THIS STANDARD DOES NOT APPLY TO THE MARYLAND TRANSPORTATION AUTHORITY POLICE IN AREAS UNDER THE JURISDICTION OF THE MARYLAND TRANSPORTATION AUTHORITY POLICE, AS ESTABLISHED IN 4-208. Governor Martin OMalley Speaker of the House Michael Busch President of the Senate Thomas V. Mike Miller
250 MANDATES: 260 270
SPONSOR: Jonathan Holtzman, Vice Delegation Chairperson, St. Marys College of Maryland
A023-1213
10 AN ACT CONCERNING 20 The Prohibition of Surveillance and Weaponized Drones in the State of Maryland 30 FOR the purpose of protecting the privacy and safety of Maryland residents 40 By Adding to 50 Article Transportation 60 Title 5 Aviation 70 Subtitle 14. Ban on unmanned aircraft systems 80 Annotated Code of Maryland 100 SECTION 1. BE IT ENACTED BY THE MARYLAND STUDENT LEGISLATURE, that 110 the laws of Maryland read as follows: 120. 28-101. Banning of unmanned aircraft systems 130 (a) NO STATE OR LOCAL AGENCY OR ORGANIZATION HAVING JURISDICTION 140 OVER CRIMINAL LAW ENFORCEMENT OR REGULATORY VIOLATIONS, INCLUDING BUT NOT 150 LIMITED TO THE DEPARTMENT OF STATE POLICE, AND NO DEPARTMENT OF LAW 160 ENFORCEMENT OF ANY COUNTY, CITY, OR TOWN SHALL UTILIZE AN UNMANNED AIRCRAFT 170 SYSTEM. 180 (b) AN UNMANNEDAIRCRAFT SYSTEM THAT IS WEAPONIZED OR HAS SURVEILLLANCE 190 CAPACITIES MAY NOT BE DEPLOYED OR USED BY ANY STATE OR LOCAL AGENCY IN THIS 200 STATE. 210 SECTION 2, AND BE IT FURTHER ENACTED, THAT THIS ACT SHALL TAKE EFFECT OCTOBER 220 1, 2013. 230 MANDATES: 240 Martin OMalley, Governor of Maryland 250 Thomas V. Mike Miller, President of the Maryland State Senate 260 Michael E. Busch, Speaker of the House of Delegates 270 Marcus L. Brown, Superintendent of the Maryland State Police SPONSOR: Burkely Hermann, St. Marys College of Maryland CO-SPONSOR: Nicole Zimmerman, Delegation Chairperson, St. Marys College of Maryland
A024-1213 10 20 30 40 50 60 70 80 90 100 110 120 130 140 150 160 170 180 190 200 210 220 230 240 250 260 270 280 290 300 310 320 330 340 350 360 370 380 AN ACT CONCERNING Elective Franchise Expansion and Protection of Early Voting FOR the purpose of increasing the period of time prior to an election in which the General Assembly may provide for early voting; increasing the maximum number of days which the General Assembly may provide early voting during this period; requiring that any provision for early voting made by the General Assembly provide for early voting on a minimum number of weekend days; and providing that this section does not prohibit the General Assembly from allowing the Governor to issue emergency proclamations that cancel early voting days. BY repealing, and re-enacting, with amendments, Constitution of Maryland Article I Elective Franchise Section 3 SECTION 1. BE IT ENACTED BY THE MARYLAND STUDENT LEGISLATURE, That the Constitution of Maryland reads as follows: Constitution of Maryland Article I Elective Franchise Section 3 (a) The General Assembly shall have the power to provide by suitable enactment for voting by qualified voters of the State of Maryland who are absent at the time of any election in which they are entitled to vote, for voting by other qualified voters who are unable to vote personally, or for voting by qualified voters who might otherwise choose to vote by absentee ballot, and for the manner in which and the time and place at which such absent voters may vote, and for the canvass and return of their votes. (b) The General Assembly shall have the power to provide by suitable enactment a process to allow qualified voters to vote at polling places in or outside their election districts or wards or, during the two THREE weeks immediately preceding, on no more than 10 15 other days prior to the dates specified in this Constitution. ANY SUCH PROCESS PROVIDED BY THE GENERAL ASSEMBLY MUST ALLOW QUALIFIED VOTERS TO VOTE AT POLLING PLACES IN OR OUTSIDE THEIR ELECTION DISTRICTS OR WARDS ON NO FEWER THAN SIX DAYS, THREE OF WHICH FALL ON SATURDAYS AND THREE OF WHICH FALL ON SUNDAYS. (C) THIS SECTION SHALL NOT BE CONSTRUED TO PROHIBIT THE GENERAL ASSEMBLY FROM PROVIDING THE GOVERNOR THE ABILITY TO ISSUE PROCLAMATIONS THAT CANCEL THE PROVISION OF THE PROCESS TO ALLOW QUALIFIED VOTERS TO VOTE AT
A024-1213 390 400 410 420 430 440 450 460 470 480 POLLING PLACES IN OR OUTSIDE THEIR ELECTION DISTRICTS DUE TO INCLEMENT WEATHER OR OTHER EMERGENCY CIRCUMSTANCES. SECTION 2. AND BE IT FURTHER ENACTED BY THE MARYLAND STUDENT LEGISLATURE, That this Act shall take effect January 1, 2015. MANDATES: Martin OMalley, Governor of Maryland Michael E. Busch, Speaker of the Maryland House of Delegates Thomas V. Mike Miller, President of the Maryland Senate John P. McDonough, Maryland Secretary of State
SPONSOR: University of Maryland, College Park Delegation
A025-1213 10 20 30 40 50 60 70 80 90 100 110 120 130 140 150 160 170 180 190 200 210 220 230 240 250 260 270 280 290 300 310 320 330 340 350 360 370 AN ACT CONCERNING Establishment of Official Languages FOR the purpose of ensuring that the ability to establish an official language within the State of Maryland or any subdivision thereof is reserved solely by the General Assembly; and repealing laws inconsistent with this Act. BY adding to, Constitution of Maryland Article XV Miscellaneous Section 12 SECTION 1. BE IT ENACTED BY THE MARYLAND STUDENT LEGISLATURE, That the Constitution of Maryland reads as follows: Constitution of Maryland Article XV Miscellaneous SECTION 12 ANY LAW ESTABLISHING AN OFFICIAL LANGUAGE FOR THE STATE OF MARYLAND OR FOR ANY SUBDIVISION THEREOF MUST BE ADOPTED BY THE GENERAL ASSEMBLY. NO POLITICAL SUBDIVISION OF THE STATE OF MARYLAND MAY ADOPT A LAW ESTABLISHING AN OFFICIAL LANGUAGE WITHIN SAID POLITICAL SUBDIVISION OR ANY PORTION THEREOF BEYOND THE IMPLEMENTATION AND ENFORCEMENT OF RELEVANT FEDERAL AND STATE LAWS CONCERNING LANGUAGES. SECTION 2. AND BE IT FURTHER ENACTED BY THE MARYLAND STUDENT LEGISLATURE, That all laws or parts of laws, public general or public local, inconsistent with this Act, are repealed to the extent of the inconsistency. SECTION 3. AND BE IT FURTHER ENACTED BY THE MARYLAND STUDENT LEGISLATURE, That this Act shall take effect January 1, 2015. MANDATES: Martin OMalley, Governor of Maryland Michael E. Busch, Speaker of the Maryland House of Delegates Thomas V. Mike Miller, President of the Maryland Senate Blaine Young, President, Frederick County Board of County Commissioners Haven Shoemaker, Commissioner, Carroll County Board of County Commissioners Steve J. Arentz, President, Queen Annes County Board of County
A025-1213 380 Commissioners
SPONSOR: Andy Jannett, Federalist Caucus Leader and State Political Liaison University of Maryland, College Park andy.jannett@gmail.com
A026-1213
10 AN ACT CONCERNING 20 The Preponderance of Pitbulls
30 FOR the purpose of requiring that all residents of Maryland have Pitbulls for their safety and to allow them to 40 prosper and flourish 50 By Adding to 60 Article 24 POLITICAL SUBDIVISIONS MISCELLANEOUS PROVISIONS 70 Title 11 Licenses 80 Subtitle 5. Regulation of Animals 90 Annotated Code of Maryland 100 SECTION 1. BE IT ENACTED BY THE MARYLAND STUDENT LEGISLATURE, that 110 the laws of Maryland read as follows: 120 (a) Resident obliged to get Pitbulls 130 (1) Forcing residents under the authority of article 14 of the Maryland Declaration of Rights, to get a pitbull 140 which must be under their protection, love and care. 150 (2) Establishing the Pitbull Police to enforce section 1 of this act. 160 (3) Declaring that the Pitbull Police shall charge those who violate section 1 with a time of 30 years 170 imprisonment in solitary confinement in order to induce correctional nature. 180 (4) Declaring that pitbulls are not inherently dangerous and instead are friendly to all Marylanders 190 (b) Offering a tax credit 200 (1) Granting every person who has a pitbull a $2,000 tax credit to encourage love and care. 210 (2) Penalizing residents who do not own a pitbull with a negative 220 income tax of $2,000. 220 (c) Repealing the dog bite policy 230 (1) Applying the exception pit bulls have under the law to all dogs 240 (2) Recognizing that dog owner negligence a separate cause of action and allowing victims to recover 300 money from an accidental dog bite 250 (3) Repealing the one bite rule and allowing owners of dogs to not be responsible for a dog bite if he 320 had actual or constructive knowledge of its ferocious nature. 260 SECTION 2. AND BE IT FURTHER ENACTED, That this act shall take effect July 1, 2012. 270 MANDATES: Martin OMalley, Governor of Maryland 280 Brian Frosh, Maryland State Senator, District 16 290 James Brochin, Maryland State Senator, District 42 300 Stephen W. Lafferty, Maryland House of Delegates, District 42 SPONSOR: Burkely Hermann, St. Marys College of Maryland
A027-1213 10 20 30 40 50 60 70 80 90 100 110 120 130 140 150 160 170 180 190 200 210 220 230 240 250 260 270 280 290 300 310 320 330 340 350 360 370 380 390 AN ACT CONCERNING Gubernatorial Elections Preferential Voting FOR the purpose of requiring the use of a preferential ballot to elect the Governor and Lieutenant Governor of Maryland. BY repealing and re-enacting, with amendments, Constitution of Maryland Article II Executive Department Section 2 Time, place, and manner of holding election for Governor and Lieutenant Governor; qualifications of voters SECTION 1. BE IT ENACTED BY THE MARYLAND STUDENT LEGISLATURE, That the Constitution of Maryland reads as follows: Constitution of Maryland Article II Executive Department Section 2 Time, place, and manner of holding election for Governor and Lieutenant Governor; qualifications of voters (A) An election for Governor and Lieutenant Governor, under this Constitution, shall be held on the Tuesday next after the first Monday of November, in the year nineteen hundred and seventy-four, and on the same day and month in every fourth year thereafter, at the places of voting for Delegates to the General Assembly; and every person qualified to vote for Delegate, shall be qualified and entitled to vote for Governor and Lieutenant Governor; the election to be held in the same manner as the election of Delegates, and the returns thereof, under seal, to be addressed to the Speaker of the House of Delegates, and enclosed and transmitted to the Secretary of State, and delivered to said Speaker, at the commencement of the session of the General Assembly, next ensuing said election. (B) THE GOVERNOR AND LIEUTENANT GOVERNOR SHALL BE ELECTED USING A PREFERENTIAL BALLOT. VOTERS CASTING A BALLOT FOR GOVERNOR AND LIEUTENANT GOVENROR SHALL VOTE BY GIVING EACH CHOICE A NUMERICAL RANKED PREFERENCE; THE VOTERS FIRST PREFERENCE SHALL BE GIVEN RANK OF ONE, THE VOTERS SECOND PREFERENCE A RANK OF TWO, THE VOTERS THIRD PREFERENCE A RANK OF THREE, ET CETERA. UPON COMPLETION OF VOTING, THE FIRST PREFERENCES OF EACH BALLOT SHALL BE COUNTED. IN THE EVENT THAT ONE CHOICE FOR GOVERNOR AND LIEUTENANT GOVERNOR RECEIVES A MAJORITY OF FIRST PREFERENCE VOTES, THOSE CANDIDATES SHALL BE CONSIDERED ELECTED TO THE RESPECTIVE OFFICES FOR WHICH THEY ARE CANDIDATES. IN THE EVENT THAT NO CHOICE HAS
A027-1213 400 410 420 430 440 450 460 470 480 490 500 510 520 530 540 550 560 570 580 590 600 610 620 630 640 650 660 670 680 690 700 710 720 730 RECEIVED A MAJORITY OF FIRST PREFERENCE VOTES, THE CHOICE THAT RECEIVED THE LOWEST NUMBER OF FIRST PREFERENCE VOTES SHALL BE CONSIDERED ELIMINATED, AND THE SECOND PREFERENCES OF THE BALLOTS LISTING THE ELIMINATED CHOICE AS FIRST PREFERENCE SHALL BE ADDED TO THE OTHER FIRST PREFERENCE VOTES THAT HAVE ALREADY BEEN COUNTED. AFTER THESE SECOND PREFERENCES HAVE BEEN COUNTED, CANDIDATES SHALL BE CONSIDERED ELECTED IF THEY HAVE RECEIVED A MAJORITY OF VOTES COUNTED. IN THE EVENT THAT THERE IS STILL NO CHOICE THAT HAS RECEIVED A MAJORITY OF VOTES COUNTED, THE CHOICE WITH THE LOWEST NUMBER OF VOTES SHALL BE CONSDERED ELIMINATED, AND THE NEXT-LISTED PREFERENCES OF THE BALLOTS LISTING THIS ELIMINATED CHOICE SHALL BE ADDED TO THE OTHER VOTES THAT HAVE ALREADY BEEN COUNTED. THIS PROCESS SHALL CONTINUE UNTIL ONE CHOICE FOR GOVERNOR AND LIEUTENANT GOVERNOR HAS RECEIVED A MAJORITY OF VOTES COUNTED. IN THE EVENT THAT A BALLOT BOTH DOES NOT LIST A RANKED PREFERENCE FOR ALL CHOICES AND HAS HAD ALL OF ITS RANKED CHOICES ELIMINATED, THEN THE BALLOT SHALL BE CONSIDERED EXHAUSTED AND SHALL NOT BE COUNTED AMONG THE TOTAL NUMBER OF VOTES CAST, A MAJORITY OF WHICH ONE CHOICE FOR GOVERNOR AND LIEUTENANT GOVERNOR MUST RECEIVE TO BE ELECTED. SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect January 1, 2015. MANDATES: Martin OMalley, Governor of Maryland Michael E. Busch, Speaker of the Maryland House of Delegates Thomas V. Mike Miller, President of the Maryland Senate John P. McDonough, Maryland Secretary of State Sen. Roy P. Dyson, Chair, Senate Subcommittee on Ethics and Election Law Del. Jon S. Cardin, Chair, House of Delegates Subcommittee on Election Law
SPONSOR: Andy Jannett, Federalist Caucus Leader and State Political Liaison University of Maryland, College Park andy.jannett@gmail.com
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10 20 30 40 50 60 70 80 90 100 110 120 130 140 150 160 170 180 190 200 210 220 230 240 250 260 270 280 290 280 290 300 310 320 330 340 AN ACT CONCERNING Crimes Identification Theft Vulnerable Children FOR the purpose of prohibiting a person, with fraudulent intent, from knowingly and willfully possessing, obtaining, or helping another to possess or obtain certain personal identifying information of a certain vulnerable child in order to use, sell, or transfer the information to get a benefit, credit, good, service, or other thing of value in the name of the child. BY adding to Article Criminal Law Section 8306 Annotated Code of Maryland (2012) SECTION 1. BE IT ENACTED BY THE MARYLAND STUDENT LEGISLATURE, that the Laws of Maryland read as follows: (A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS INDICATED. (2) OBTAIN HAS THE MEANING STATED IN 7101 OF THIS ARTICLE. (3) PERSONAL IDENTIFYING INFORMATION HAS THE MEANING STATED IN 8301 OF THIS SUBTITLE. (4) VALUE HAS THE MEANING STATED IN 7103 OF THIS ARTICLE. (5) VULNERABLE CHILD MEANS A MINOR WHO IS IN FOSTER CARE IN THE STATE, IN THE CUSTODY OF THE STATE, OR IN THE CUSTODY OF A STATE OR LOCAL AGENCY. (B) (1) A PERSON MAY NOT, WITH FRAUDULENT INTENT, KNOWINGLY AND WILLFULLY POSSESS, OBTAIN, OR HELP ANOTHER TO POSSESS OR OBTAIN PERSONAL IDENTIFYING INFORMATION OF A VULNERABLE CHILD IN ORDER TO USE, SELL, OR TRANSFER THE INFORMATION TO RECEIVE A BENEFIT, CREDIT, GOOD, SERVICE, OR OTHER THING OF VALUE IN THE NAME OF THE CHILD. (2) A PERSON MAY NOT, WITH FRAUDULENT INTENT, KNOWINGLY AND WILLFULLY ASSUME THE IDENTITY OF A VULNERABLE CHILD TO RECEIVE A BENEFIT, CREDIT, GOOD, SERVICE, OR OTHER THING OF VALUE. (3) A PERSON MAY NOT, WITH FRAUDULENT INTENT, KNOWINGLY AND WILLFULLY ASSUME THE IDENTITY OF A VULNERABLE CHILD TO: (I) AVOID THE PAYMENT OF A DEBT OR OTHER LEGAL OBLIGATION; OR (II) AVOID IDENTIFICATION, APPREHENSION, OR PROSECUTION FOR A CRIME. (C) (1) A PERSON CONVICTED OF A VIOLATION OF SUBSECTION (B)(1) OR (2) OF THIS SECTION WHEN THE VALUE OF THE BENEFIT, CREDIT, GOOD, SERVICE, OR OTHER THING OF VALUE IS $500 OR MORE IS GUILTY OF A FELONY AND: (I) IS SUBJECT TO IMPRISONMENT NOT EXCEEDING 15 YEARS OR A FINE NOT EXCEEDING $20,000 OR BOTH; AND
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350 360 370 380 390 400 410 420 430 440 450 460 470 480 490 500 510 520 530 540 550 560 570 580 590 600 610 620 (II) SHALL RESTORE THE BENEFIT, CREDIT, GOOD, SERVICE, OR OTHER THING OF VALUE TAKEN TO THE OWNER, OR, IF THE OWNER IS DECEASED, TO THE OWNERS ESTATE OR PAY THE OWNER OR OWNERS ESTATE THE VALUE OF THE BENEFIT, CREDIT, GOOD, SERVICE, OR OTHER THING OF VALUE. (2) A PERSON CONVICTED OF A VIOLATION OF SUBSECTION (B)(1) OR (2) OF THIS SECTION WHEN THE VALUE OF THE BENEFIT, CREDIT, GOOD,SERVICE, OR OTHER THING OF VALUE IS LESS THAN $500 IS GUILTY OF A MISDEMEANOR AND: (I) IS SUBJECT TO IMPRISONMENT NOT EXCEEDING 18 MONTHS OR A FINE NOT EXCEEDING $5,000 OR BOTH; AND (II) SHALL RESTORE THE BENEFIT, CREDIT, GOOD, SERVICE, OR OTHER THING OF VALUE TAKEN TO THE OWNER, OR, IF THE OWNER IS DECEASED, TO THE OWNERS ESTATE OR PAY THE OWNER OR OWNERS ESTATE THE VALUE OF THE BENEFIT, CREDIT, GOOD, SERVICE, OR OTHER THING OF VALUE. (3) A PERSON CONVICTED OF A VIOLATION OF SUBSECTION (B)(3) OF THIS SECTION IS GUILTY OF A MISDEMEANOR AND IS SUBJECT TO IMPRISONMENT NOT EXCEEDING MONTHS OR A FINE NOT EXCEEDING $5,000 OR BOTH. (D) A SENTENCE IMPOSED UNDER THIS SECTION MAY BE SEPARATE FROM AND CONSECUTIVE TO OR CONCURRENT WITH A SENTENCE FOR ANY CRIME BASED ON THE ACT OR ACTS ESTABLISHING THE VIOLATION OF THIS SECTION. (E) A PROSECUTION FOR A VIOLATION OF THIS SECTION OR FOR A CRIME BASED ON THE ACT ESTABLISHING A VIOLATION OF THIS SECTION MAY BE COMMENCED IN A COUNTY IN WHICH: (1) AN ELEMENT OF THE CRIME OCCURRED; OR (2) THE VICTIM RESIDES. SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect October 1, 2013. MANDATES: Governor Martin OMalley Speaker of the House Michael Busch President of the Senate Thomas V. Mike Miller
SPONSOR: Morgan Lewis, St. Marys College of Maryland
A029-1213 10 AN ACT CONCERNING
20 30 40 50 60 70 80 90 100 120 130 140 150 160 170 180 190 200 210 220 230 240 250 260 270 280 290 300 310 320 330 340 350
Maryland Hydraulic Fracturing Moratorium and Right to Know Act of 2013 FOR the purpose of prohibiting the Department of the Environment from issuing a certain permit for the hydraulic fracturing of a well for the exploration or production of natural gas until certain conditions are met; requiring the Department of the Environment and the Department of Natural Resources to issue a certain risk assessment at a certain time; authorizing the Department of the Environment to establish and collect a certain fee under certain circumstances; requiring the Department of the Environment to adopt certain regulations; requiring the Department of the Environment and the Department of Natural Resources to jointly brief certain committees of the General Assembly on a certain report and certain risk assessment within a certain period of time; declaring the intent of the General Assembly; making stylistic changes; defining certain terms; altering certain definitions; and generally relating to the hydraulic fracturing of a well for the exploration or production of natural gas in the State. BY repealing and reenacting, with amendments, Article Environment Section 14102 Annotated Code of Maryland (2007 Replacement Volume and 2012 Supplement) BY adding to Article Environment Section 14107.1 Annotated Code of Maryland (2007 Replacement Volume and 2012 Supplement) SECTION 1. BE IT ENACTED BY THE MARYLAND STUDENT LEGISLATURE, that the Laws of Maryland read as follows: Article Environment 14102. (a) In this subtitle the following words have the meanings indicated.
(b) Coalbed methane means methane and any other gaseous substance occurring in or produced from a coal seam or related, associated, or adjacent rock materials. (c) County includes Baltimore City unless otherwise indicated.
A029-1213 360 370 380 390 400 410 420 430 440 450 460 470 480 490 500 510 520 530 540 550 560 570 580 590 600 610 620 630 640 650 660 670 680 (d) (e) pools. (f) Fund means the Oil and Gas Fund. Department means the Department of the Environment. Field means the general area underlaid UNDERLAIN by one or more
(g) Gas means all natural gas, NATURAL GAS LIQUIDS, and other fluid hydrocarbons, not defined as oil, which are produced from a natural reservoir. (G1) (1) GAS INTEREST MEANS THE RIGHT TO EXPLORE FOR GAS ON, OR PRODUCE GAS FROM, REAL PROPERTY. (2) GAS INTEREST DOES NOT INCLUDE A FEE SIMPLE INTEREST IN THE SURFACE RIGHTS OF REAL PROPERTY REGARDLESS OF WHETHER THE FEE INTEREST INCLUDES THE MINERAL RIGHTS. (G2) MARCELLUS SHALE MEANS A MIDDLE DEVONIAN-AGE, BLACK, LOW-DENSITY, CARBONACEOUS SHALE THAT: (1) OCCURS THROUGHOUT THE ALLEGHENY PLATEAU REGION OF THE NORTHERN APPALACHIAN BASIN; AND (2) UNDERLIES PARTS OF GARRETT COUNTY, ALLEGANY COUNTY, AND WASHINGTON COUNTY. (G-3) NATURAL GAS LIQUIDS MEANS COMPONENTS OF NATURAL GAS THAT ARE LIQUID AT THE SURFACE IN FIELD FACILITIES OR GASPROCESSING PLANTS. (h) Oil means crude petroleum oil and other hydrocarbons, regardless of gravity, which are produced at the wellhead in liquid form, except NATURAL GAS LIQUIDS OR liquid hydrocarbons known as distillate or condensate recovered or extracted from gas. (i) Owner mans the person who has the right to drill into and produce from a pool, or to store in a pool, and appropriate the oil or gas the person produces or stores either for the person or others. (j) Person means any individual, corporation, association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary, or other representative of any kind. : (1) THE FEDERAL GOVERNMENT, THE STATE, A COUNTY, A MUNICIPAL CORPORATION, OR ANY OTHER POLITICAL SUBDIVISION OF THE STATE, OR ANY OF THEIR UNITS;
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690 700 710 720 730 740 750 760 770 780 790 800 810 820 830 840 850 860 870 880 890 900 910 920 930 940 950 960 970 980 990
(2) AN INDIVIDUAL, A RECEIVER, A TRUSTEE, A GUARDIAN, AN ADMINISTRATOR, A FIDUCIARY, OR A REPRESENTATIVE OF ANY KIND; OR (3) A PARTNERSHIP, A FIRM, AN ASSOCIATION, A PUBLIC OR PRIVATE CORPORATION, OR ANY OTHER ENTITY. (k) Pool means an underground reservoir containing a common accumulation of oil, gas, or both. (l) both. (m) gas well. Product means any commodity produced in its natural state by an oil or Production means the act or process of producing oil or gas from Production does not include the sale or distribution of oil or gas. Producer means the owner of a well capable of producing oil, gas, or
(n) (1) a natural reservoir. (2)
(o) (1) Underground storage means the storing of gas or oil in a geological stratum beneath the surface of the earth. (2) Underground storage includes the injection of gas or oil into and withdrawal from an underground storage reservoir and any other operation necessary for or convenient to the storage of gas or oil. (p) Underground storage reservoir means the stratum and subsurface area that are used or are to be used for or in connection with the underground storage of gas or oil. 14107.1. (A) IN THIS SECTION, EXECUTIVE ORDER MEANS EXECUTIVE ORDER 01.01.2011.11, ISSUED ON JUNE 6, 2011, BY THE GOVERNOR. (B) THE DEPARTMENT MAY NOT ISSUE A PERMIT UNDER THIS SUBTITLE FOR THE HYDRAULIC FRACTURING OF A WELL FOR THE EXPLORATION OR PRODUCTION OF NATURAL GAS UNTIL: (1) EACH REQUIREMENT UNDER THE STUDY REQUIRED UNDER THE EXECUTIVE ORDER IS SATISFIED; (2) 18 MONTHS HAS PASSED AFTER THE DATE THE STUDY
A029-1213 1000 REQUIRED UNDER THE EXECUTIVE ORDER IS ISSUED; AND 1010 (3) THE DEPARTMENT HAS ADOPTED REGULATIONS IN 1020 ACCORDANCE WITH SUBSECTION (E) OF THIS SECTION. 1030 1040 1050 1060 1070 (C) (1) THE DEPARTMENT AND THE DEPARTMENT OF NATURAL RESOURCES SHALL ISSUE A RISK ASSESSMENT OF PUBLIC HEALTH AND ENVIRONMENTAL HAZARDS RELATING TO HYDRAULIC FRACTURING ACTIVITIES, AT THE SAME TIME THE FINAL REPORT REQUIRED UNDER THE EXECUTIVE ORDER IS ISSUED.
1080 (2) THE RISK ASSESSMENT REQUIRED UNDER PARAGRAPH 1090 (1) OF THIS SUBSECTION SHALL INCLUDE: 1100 (I) THE RISK OF PUBLIC HEALTH AND 1110 ENVIRONMENTAL HAZARDS CLASSIFIED ON THE FOLLOWING BASIS: 1120 1. 1130 ENVIRONMENTAL EFFECT; 1140 2. 1150 ENVIRONMENTAL EFFECT; 1160 3. 1170 ENVIRONMENTAL EFFECT; 1180 4. 1190 ENVIRONMNTAL EFFECT; SLIGHT PUBLIC HEALTH OR
MINOR PUBLIC HEALTH OR
MODERATE PUBLIC HEALTH OR
MAJOR PUBLIC HEALTH OR
1200 5. CATASTROPHIC PUBLIC HEALTH OR 1210 ENVIRONMENTAL EFFECT; AND 1220 6. INSUFFICIENT DATA AVAILABLE; AND
1230 (II) THE PROBABILITY OF A HAZARD OCCURRING 1240 CLASSIED ON THE FOLLOWING BASIS: 1250 1260 1270 1280 1290 1. RARE; 2. OCCASIONAL; 3. PERIODIC; 4. FREQUENT; AND 5. INSUFFICIENT DATA AVILABLE.
A029-1213 1300 1310 1320 1330 1340 (D) (1) ON WRITTEN REQUEST FROM A REPRESENTATIVE OF THE NATURAL GAS DRILLING INDUSTRY, THE DEPARTMENT MAY ESTABLISH AND COLLECT A FEE TO PROVIDE THE FUNDING NECESSARY FOR THE COMPLETION OF THE STUDY REQUIRED UNDER THE EXECUTIVE ORDER.
1350 (2) A FEE ESTABLISHED UNDER PARAGRAPH (1) OF THIS 1360 SUBSECTION SHALL: 1370 (I) BE COLLECTED FROM AN OWNER OF A GAS 1380 INTEREST IN REAL PROPERTY THAT: 1390 1. IS LOCATED IN AN AREA OF THE STATE 1400 UNDERLAIN BY THE MARCELLUS SHALE; AND 1410 2. WAS ACQUIRED AFTER JANUARY 1, 2007, 1420 FOR THE PURPOSE OF EXPLORATION OR PRODUCTION OF NATURAL GAS; 1430 AND 1440 (II) APPLY TO EACH ACRE OF REAL PROPERTY IN 1450 WHICH OWNER HAS A GAS INTEREST. 1460 1470 (E) THE DEPARTMENT SHALL ADOPT REGULATIONS THAT: (1) ARE SPECIFIC TO HYDRAULIC FRACTURING;
1480 (2) INCLUDE ANY RESTRICTIONS PR PROHIBTIONS ON 1490 HYDRAULIC FRACTURING ACTIVITIES DEEMED NECESSARY BY THE 1500 DEPARTMENT TO PROTECT PUBLIC HALTH AND THE ENVIRONMENT; AND 1510 (3) ARE AT LEAST AS PROTECTIVE OF PUBLIC HEALTH AND 1520 THE ENVIRONMENT AS RECOMMENDED IN: 1530 (I) THE FINAL FINDINGS AND RECOMMENDATIONS 1540 OF THE STUDY REQUIRED UNDER THE EXECUTIVE ORDER; AND 1550 (II) THE RISK ASSESSMENT REQUIRED UNDER 1560 SUBSECTION (C) OF THIS SECTION. 1570 1580 1590 1600 1610 SECTION 2. AND BE IT FURTHER ENACTED, That it is the intent of the General Assembly that the study under Executive Order 01.01.2011.11, issued on June 6, 2011, by the Governor, be fully funded in order for the Department of the Environment and the Department of Natural Resources to satisfy each study item under the executive order.
A029-1213 1620 1630 1640 1650 1660 1670 SECTION 3. AND BE IT FURTHER ENACTED, That the Department of the Environment and the Department of Natural Resources shall jointly brief the House Environmental Matters Committee and the Senate Education, Health, and Environmental Affairs Committee within 90 days after the final report required under Executive Order 01.01.2011.11, issued on June 6, 2011, by the Governor, and the risk assessment required under 14107.1(c), as enacted by this Act, is issued.
1680 SECTION 4. AND BE IT FURTHER ENACTED, That it is the intent of the 1690 General Assembly to: 1700 (1) continue to monitor the issues relating to hydraulic fracturing;
1710 (2) review the final findings and recommendations of the study 1720 required under Executive Order 01.01.2011.11, issued on June 6, 2011, by the Governor, 1730 (3) review the risk assessment required under 14107.1(c), as 1740 enacted by this Act; and 1750 (4) determine if modification to this Act is necessary, including: extending the moratorium to enable additional study of
1760 (i) 1770 hydraulic fracturing; 1780 1790 the State; or 1800 (ii)
lifting the moratorium to authorize hydraulic fracturing in
(iii)
imposing a ban on hydraulic fracturing in the State.
1810 SECTION 5. AND BE IT FURTHER ENACTED, That this Act shall take 1820 effect June 1, 2013. 1830 1840 1850 1860 1870 1880 1890 1900 1910 1920 1930 1940 1950 1960 1970 MANDATES: Martin OMalley, Governor of Maryland Sen. Joan Carter Conway, Chair, Senate Committee on Education, Health, and Environmental Affairs Sen. Roy P. Dyson, Vice-Chair, Senate Committee on Education, Health, and Environmental Affairs Sen. Joanne C. Benson, Member, Senate Committee on Education, Health, and Environmental Affairs Sen. Bill Ferguson, Member, Senate Committee on Education, Health, and Environmental Affairs Sen. J. B. Jennings, Member, Senate Committee on Education, Health, and Environmental Affairs Sen. Karen S. Montgomery, Member, Senate Committee on Education, Health, and Environmental Affairs Sen. Paul G. Pinsky, Member, Senate Committee on Education, Health, and Environmental Affairs
A029-1213 1980 1990 2000 2010 2020 2030 2040 2050 2060 2070 2080 2090 2100 2110 2120 2130 Sen. Edward R. Reilly, Member, Senate Committee on Education, Health, and Environmental Affairs Sen. James C. Rosapepe, Member, Senate Committee on Education, Health, and Environmental Affairs Sen. Bryan W. Simonaire, Member, Senate Committee on Education, Health, and Environmental Affairs Sen. Ronald N. Young, Member, Senate Committee on Education, Health, and Environmental Affairs Sen. Robert A. Zirkin, Member, Senate Committee on Judicial Proceedings Sen. Jamin B. Raskin, Member, Senate Committee on Judicial Proceedings Del. Maggie McIntosh, Chair, House of Delegates Committee on Environmental Matters Del. Heather R. Mizeur, Member, House of Delegates Committee on Appropriations
SPONSOR: Rachel OKeeffe, Hood College Delegation
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10 20 30 40 50 60 70 80 90 100 110 120 130 140 150 160 170 180 190 200 210 220 230 240 250 260 270 280 1 3103. 290 300 310 320 330 340 350 360 (F) (1) THE COMMISSIONER MAY CONDUCT AN INVESTIGATION TO DETERMINEWHETHER SUBTITLE 11 OF THIS TITLE HAS BEEN VIOLATED ON RECEIPT OF A WRITTEN COMPLAINT OF AN EMPLOYEE. (2) TO THE EXTENT PRACTICABLE, THE COMMISSIONER SHALL KEEP THE IDENTITY OF AN EMPLOYEE WHO HAS FILED A WRITTEN COMPLAINT ALLEGING A VIOLATION OF SUBTITLE 11 OF THIS TITLE CONFIDENTIAL UNLESS THE EMPLOYEE WAIVES CONFIDENTIALITY. 9 SUBTITLE 11. EARNED SICK AND SAFE LEAVE. AN ACT concerning Labor and Employment Maryland Earned Sick and Safe Leave Act FOR the purpose of requiring certain employers to provide employees with certain earned sick and safe leave; BY repealing and reenacting, with amendments, Article Labor and Employment Section 2106(b) Annotated Code of Maryland (2008 Replacement Volume and 2012 Supplement) BY adding to Article Labor and Employment Section 3103(f); and 31101 through 31111 to be under the new subtitle Subtitle 11. Earned Sick and Safe Leave Annotated Code of Maryland (2008 Replacement Volume and 2012 Supplement) SECTION 1. BE IT ENACTED BY THE MARYLAND STUDENT LEGISLATURE that the Laws of Maryland read as follows: Article Labor and Employment 2106. (b) Except as provided in subsection (c) of this section, and in addition to authority to adopt regulations that is set forth elsewhere, the Commissioner may adopt regulations that are necessary to carry out: (1) Title 3, Subtitle 3 of this article; (2) Title 3, Subtitle 5 of this article; (3) TITLE 3, SUBTITLE 11 OF THIS ARTICLE; [(3)] (4) Title 4, Subtitle 2, Parts I through III of this article; [(4)] (5) Title 5 of this article; [(5)] (6) Title 6 of this article; and [(6)] (7) Title 7 of this article. SENATE BILL 698 3
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370 380 390 400 410 420 430 440 450 450 460 470 480 490 500 510 520 530 540 550 560 570 580 590 600 610 620 630 640 650 660 31101. (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS INDICATED. (B) ABUSE HAS THE MEANING STATED IN 4501 OF THE FAMILY LAW ARTICLE. (C) EMPLOYER INCLUDES: (1) A UNIT OF STATE OR LOCAL GOVERNMENT; AND (2) A PERSON THAT ACTS DIRECTLY OR INDIRECTLY IN THE INTEREST OF ANOTHER EMPLOYER WITH AN EMPLOYEE. (D) EMPLOYEE DOES NOT INCLUDE AN INDIVIDUAL WHO: (1) DOES NOT HAVE A REGULAR WORK SCHEDULE WITH THE EMPLOYER; (2) CONTACTS THE EMPLOYER FOR WORK ASSIGNMENTS AND IS SCHEDULED TO WORK THE ASSIGNMENTS WITHIN 48 HOURS AFTER CONTACTING THE EMPLOYER; (3) HAS NO OBLIGATION TO WORK FOR THE EMPLOYER IF THE INDIVIDUAL DOES NOT CONTACT THE EMPLOYER FOR WORK ASSIGNMENTS; AND (4) IS NOT EMPLOYED BY A TEMPORARY PLACEMENT AGENCY. (E) DOMESTIC VIOLENCE MEANS ABUSE AGAINST A PERSON ELIGIBLE FOR RELIEF. (F) EARNED SICK AND SAFE LEAVE MEANS PAID LEAVE AWAY FROM WORK THAT IS PROVIDED BY AN EMPLOYER UNDER 31104 OF THIS SUBTITLE. (G) FAMILY MEMBER MEANS: (1) A BIOLOGICAL CHILD, AN ADOPTED CHILD, A FOSTER CHILD, OR A STEPCHILD OF THE EMPLOYEE; (2) A CHILD OF THE DOMESTIC PARTNER OF THE EMPLOYEE; (3) A CHILD FOR WHOM THE EMPLOYEE HAS LEGAL OR PHYSICAL CUSTODY OR GUARDIANSHIP; (4) A CHILD FOR WHOM THE EMPLOYEE IS THE PRIMARY CAREGIVER; (5) A BIOLOGICAL PARENT, AN ADOPTIVE PARENT, A FOSTER PARENT, OR A STEPPARENT OF THE EMPLOYEE OR THE EMPLOYEES SPOUSE OR DOMESTIC PARTNER; (6) THE LEGAL GUARDIAN OF THE EMPLOYEE; (7) AN INDIVIDUAL WHO SERVED AS THE PRIMARY CAREGIVER OF THE EMPLOYEE WHEN THE EMPLOYEE WAS A MINOR; (8) THE SPOUSE OR DOMESTIC PARTNER OF THE EMPLOYEE; (9) A GRANDPARENT OF THE EMPLOYEE;
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670 680 690 700 710 720 730 740 750 760 770 780 790 800 810 820 830 840 850 860 870 880 890 900 1000 1100 1200 1210 1220 1230 1240 1250 1260 1270 1280 (10) THE SPOUSE OR DOMESTIC PARTNER OF A GRANDPARENT OF THE EMPLOYEE; (11) A GRANDCHILD OF THE EMPLOYEE; (12) A BIOLOGICAL SIBLING, AN ADOPTED SIBLING, OR A FOSTER SIBLING OF THE EMPLOYEE; OR (13) THE SPOUSE OR DOMESTIC PARTNER OF A BIOLOGICAL SIBLING, A FOSTER SIBLING, OR AN ADOPTED SIBLING OF THE EMPLOYEE. (H) HEALTH CARE PROVIDER MEANS AN INDIVIDUAL LICENSED UNDER STATE LAW TO PROVIDE MEDICAL SERVICES. 1 (I) PERSON ELIGIBLE FOR RELIEF HAS THE MEANING STATED IN 2 4501 OF THE FAMILY LAW ARTICLE. (J) SEXUAL ASSAULT MEANS: (1) RAPE, SEXUAL OFFENSE, OR ANY OTHER ACT THAT IS A SEXUAL CRIME UNDER TITLE SUBTITLE 3 OF THE CRIMINAL LAW ARTICLE; (2) CHILD SEXUAL ABUSE UNDER 3602 OF THE CRIMINAL LAW ARTICLE; OR (3) SEXUAL ABUSE OF A VULNERABLE ADULT UNDER 3604 OF THE CRIMINAL LAW ARTICLE. (K) STALKING HAS THE MEANING STATED IN 3802 OF THE CRIMINAL LAW ARTICLE. 31102. THIS SUBTITLE MAY NOT BE CONSTRUED TO: (1) REQUIRE AN EMPLOYER TO COMPENSATE AN EMPLOYEE FOR UNUSED EARNED SICK AND SAFE LEAVE WHEN THE EMPLOYEE LEAVES THE EMPLOYERS EMPLOYMENT; (2) PROHIBIT AN EMPLOYER FROM ESTABLISHING A POLICY UNDER WHICH EMPLOYEES MAY VOLUNTARILY EXCHANGE ASSIGNED WORK HOURS; (3) PROHIBIT AN EMPLOYER FROM ADOPTING OR RETAINING AN EARNED SICK AND SAFE LEAVE POLICY THAT PROVIDES BENEFITS THAT ARE MORE GENEROUS THAN THE BENEFITS REQUIRED UNDER THIS SUBTITLE; (4) AFFECT A PROVISION OF A CONTRACT, A COLLECTIVE BARGAINING AGREEMENT, AN EMPLOYEE BENEFIT PLAN, OR ANY OTHER AGREEMENT THAT REQUIRES THE EMPLOYER TO PROVIDE EARNED SICK AND SAFE LEAVE BENEFITS THAT ARE MORE GENEROUS THAN THE BENEFITS REQUIRED UNDER THIS SUBTITLE; (5) PREEMPT, LIMIT, OR OTHERWISE AFFECT ANY OTHER LAW THAT PROVIDES FOR SICK AND SAFE LEAVE BENEFITS THAT ARE MORE GENEROUS THAN REQUIRED UNDER THIS SUBTITLE; OR (6) PREEMPT, LIMIT, OR OTHERWISE AFFECT ANY WORKERS COMPENSATION BENEFITS THAT ARE AVAILABLE UNDER TITLE 9 OF THIS ARTICLE. 31103.
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1290 1300 1310 1320 1330 1340 1350 1360 1370 1380 1390 1400 1410 1420 1430 1440 1450 1460 1470 1480 1490 1500 1510 1520 1530 1540 1550 1560 1570 1580 1590 1600 1610 1620 1630 1640 1650 1660 (A) THE COMMISSIONER SHALL DEVELOP AND IMPLEMENT A MULTILINGUAL OUTREACH PROGRAM TO INFORM EMPLOYEES AND OTHER AFFECTED INDIVIDUALS ABOUT THE AVAILABILITY OF EARNED SICK AND SAFE LEAVE UNDER THIS SUBTITLE. (B) THE PROGRAM ESTABLISHED UNDER SUBSECTION (A) OF THIS SECTION SHALL INCLUDE THE DISTRIBUTION OF NOTICES AND OTHER WRITTEN MATERIAL IN ENGLISH, SPANISH, AND OTHER LANGUAGES TO: (1) CHILD AND ELDER CARE PROVIDERS; (2) DOMESTIC VIOLENCE SHELTERS; (3) SCHOOLS; (4) HOSPITALS; (5) COMMUNITY HEALTH CENTERS; AND (6) HEALTH CARE PROVIDERS. 31104. (A) AN EMPLOYER SHALL PROVIDE AN EMPLOYEE WITH EARNED SICK AND SAFE LEAVE THAT IS PAID AT THE SAME RATE AND WITH THE SAME BENEFITS AS THE EMPLOYEE NORMALLY EARNS. (B) THE EARNED SICK AND SAFE LEAVE PROVIDED UNDER SUBSECTION (A) OF THIS SECTION SHALL ACCRUE AT A RATE OF AT LEAST 1 HOUR FOR EVERY 30 HOURS AN EMPLOYEE WORKS. (C) AN EMPLOYER MAY NOT BE REQUIRED TO ALLOW AN EMPLOYEE TO: (1) EARN MORE THAN 56 HOURS OF EARNED SICK AND SAFE LEAVE IN A CALENDAR YEAR; OR (2) USE MORE THAN 80 HOURS OF EARNED SICK AND SAFE LEAVE IN A CALENDAR YEAR. (D) AT THE BEGINNING OF A CALENDAR YEAR, AN EMPLOYER MAY AWARD TO AN EMPLOYEE THE FULL AMOUNT OF EARNED SICK AND SAFE LEAVE THAT AN EMPLOYEE WOULD EARN OVER THE COURSE OF THE CALENDAR YEAR RATHER THAN AWARDING THE LEAVE AS THE LEAVE ACCRUES DURING THE CALENDAR YEAR. (E) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, FOR THE PURPOSES OF CALCULATING THE ACCRUAL OF EARNED SICK AND SAFE LEAVE, AN EMPLOYEE WHO IS EXEMPT FROM OVERTIME WAGE REQUIREMENTS UNDER THE FEDERAL FAIR LABOR STANDARDS ACT IS ASSUMED TO WORK 40 HOURS EACH WORK WEEK. (2) IF THE EMPLOYEES NORMAL WORK WEEK IS LESS THAN 40 HOURS, THE NUMBER OF HOURS IN THE NORMAL WORK WEEK SHALL BE USED. (F) (1) EARNED SICK AND SAFE LEAVE SHALL BEGIN TO ACCRUE: (I) OCTOBER 1, 2013; OR (II) IF THE EMPLOYEE IS HIRED AFTER OCTOBER 1, 2013,
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1670 1680 1690 1700 1710 1720 1730 1740 1750 1760 1770 1780 1790 1800 1810 1820 1830 1840 1850 1860 1870 1880 1890 1900 THE DATE ON WHICH THE EMPLOYEE BEGINS EMPLOYMENT WITH THE EMPLOYER. (2) AN EMPLOYEE MAY NOT ACCRUE EARNED SICK AND SAFE LEAVE BASED ON HOURS WORKED BEFORE OCTOBER 1, 2013. (G) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, IF AN EMPLOYEE HAS UNUSED EARNED SICK AND SAFE LEAVE AT THE END OF A CALENDAR YEAR, THE EMPLOYEE MAY CARRY THE BALANCE OF THE EARNED SICK AND SAFE LEAVE OVER TO THE FOLLOWING CALENDAR YEAR. (2) AN EMPLOYER MAY NOT BE REQUIRED TO ALLOW AN EMPLOYEE TO CARRY OVER MORE THAN 56 HOURS OF EARNED SICK AND SAFE LEAVE UNDER PARAGRAPH (1) OF THIS SUBSECTION. (H) IF AN EMPLOYEE BEGINS WORKING IN A SEPARATE DIVISION OR LOCATION, BUT REMAINS EMPLOYED BY THE EMPLOYER, THE EMPLOYEE IS ENTITLED TO THE EARNED SICK AND SAFE LEAVE THAT ACCRUED BEFORE THE EMPLOYEE MOVED TO THE SEPARATE DIVISION OR LOCATION. (I) (1) IF AN EMPLOYEE IS REHIRED BY THE EMPLOYER WITHIN 12 MONTHS AFTER LEAVING THE EMPLOYMENT OF THE EMPLOYER, THE EMPLOYER SHALL REINSTATE ANY UNUSED EARNED SICK AND SAFE LEAVE THAT THE EMPLOYEE HAD WHEN THE EMPLOYEE LEFT THE EMPLOYMENT OF THE EMPLOYER. (2) IF AN EMPLOYEE IS REHIRED BY THE EMPLOYER MORE THAN 12 MONTHS AFTER LEAVING THE EMPLOYMENT OF THE EMPLOYER, THE EMPLOYER MAY NOT BE REQUIRED TO REINSTATE ANY UNUSED EARNED SICK AND SAFE LEAVE THAT THE EMPLOYEE HAD WHEN THE EMPLOYEE LEFT THE EMPLOYMENT OF THE EMPLOYER. (J) AN EMPLOYER MAY ALLOW AN EMPLOYEE TO USE EARNED SICK AND SAFE LEAVE BEFORE THE AMOUNT NEEDED BY THE EMPLOYEE ACCRUES.
13 31105. 2000 2010 2020 2030 2040 2050 2060 2070 2080 2090 2100 2110 (A) AN EMPLOYER SHALL ALLOW AN EMPLOYEE TO USE EARNED SICK AND SAFE LEAVE: (1) TO CARE FOR OR TREAT THE EMPLOYEES MENTAL OR PHYSICAL ILLNESS, INJURY, OR CONDITION; (2) TO OBTAIN PREVENTIVE MEDICAL CARE FOR THE EMPLOYEE OR EMPLOYEES FAMILY MEMBER; (3) TO CARE FOR A FAMILY MEMBER WITH A MENTAL OR PHYSICAL ILLNESS, INJURY, OR CONDITION; (4) IF THE EMPLOYERS PLACE OF BUSINESS HAS CLOSED BY ORDER OF A PUBLIC OFFICIAL DUE TO A PUBLIC HEALTH EMERGENCY; (5) IF THE SCHOOL OF OR CHILD CARE PROVIDER FOR THE EMPLOYEES FAMILY MEMBER HAS CLOSED BY ORDER OF A PUBLIC OFFICIAL DUE TO A PUBLIC HEALTH EMERGENCY;
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2120 2130 2140 2150 2160 2170 2180 2190 2200 2210 2220 2230 2240 2250 2260 2270 2280 2290 2300 2310 2320 2330 2340 2350 2360 2370 2380 2390 2400 2410 2420 2430 2440 2450 2460 2470 2480 (6) TO CARE FOR A FAMILY MEMBER IF A HEALTH OFFICIAL OR HEALTH CARE PROVIDER HAS DETERMINED THAT THE FAMILY MEMBERS PRESENCE IN THE COMMUNITY WOULD JEOPARDIZE THE HEALTH OF OTHERS BECAUSE OF THE FAMILY MEMBERS EXPOSURE TO A COMMUNICABLE DISEASE; OR IF: (I) THE ABSENCE OF WORK IS NECESSARY DUE TO DOMESTIC VIOLENCE, SEXUAL ASSAULT, OR STALKING COMMITTED AGAINST THE EMPLOYEE OR THE EMPLOYEES FAMILY MEMBER; AND (II) THE LEAVE IS BEING USED BY THE EMPLOYEE TO OBTAIN FOR THE EMPLOYEE OR THE EMPLOYEES FAMILY MEMBER: A. MEDICAL ATTENTION THAT IS NEEDED TO RECOVER FROM PHYSICAL OR PSYCHOLOGICAL INJURY OR DISABILITY THAT IS CAUSED BY THE DOMESTIC VIOLENCE, SEXUAL ASSAULT, OR STALKING; B. SERVICES FROM A VICTIM SERVICES ORGANIZATION RELATED TO THE DOMESTIC VIOLENCE, SEXUAL ASSAULT, OR STALKING; C. PSYCHOLOGICAL OR OTHER COUNSELING RELATED TO THE DOMESTIC VIOLENCE, SEXUAL ASSAULT, OR STALKING; OR D. LEGAL SERVICES, INCLUDING THE PREPARING FOR OR PARTICIPATING IN A CIVIL OR CRIMINAL PROCEEDING RELATED TO OR RESULTING FROM THE DOMESTIC VIOLENCE, SEXUAL ASSAULT, OR STALKING; OR 2. DURING THE TIME THAT THE EMPLOYEE HAS TEMPORARILY RELOCATED DUE TO THE DOMESTIC VIOLENCE, SEXUAL ASSAULT, OR STALKING. (B) IN ORDER TO USE EARNED SICK AND SAFE LEAVE, AN EMPLOYEE SHALL: (1) REQUEST THE LEAVE FROM THE EMPLOYER AS SOON AS PRACTICABLE AFTER THE EMPLOYEE DETERMINES THAT THE EMPLOYEE NEEDS TO TAKE THE LEAVE; (2) NOTIFY THE EMPLOYER OF THE ANTICIPATED DURATION OF THE LEAVE; AND (3) COMPLY WITH ANY REASONABLE PROCEDURES ESTABLISHED BY THE EMPLOYER UNDER SUBSECTION (C) OF THIS SECTION. (C) (1) SUBJECT TO PARAGRAPHS (2) AND (3) OF THIS SUBSECTION, AN EMPLOYER MAY ESTABLISH REASONABLE PROCEDURES FOR AN EMPLOYEE TO FOLLOW WHEN REQUESTING AND TAKING EARNED SICK AND SAFE LEAVE. (2) AN EMPLOYER MAY NOT REQUIRE THAT AN EMPLOYEE WHO IS REQUESTING EARNED SICK AND SAFE LEAVE SEARCH FOR OR FIND AN INDIVIDUAL TO WORK IN THE EMPLOYEES STEAD DURING THE TIME THE EMPLOYEE IS TAKING THE LEAVE. (3) AN EMPLOYER MAY NOT REQUIRE AN EMPLOYEE TO: (I) DISCLOSE DETAILS OF THE DOMESTIC VIOLENCE, SEXUAL ASSAULT, OR STALKING THAT WAS COMMITTED AGAINST THE EMPLOYEE OR THE EMPLOYEES
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2490 2500 2510 2520 2530 2540 2550 2560 2570 2580 2590 2600 2610 2620 2630 2640 2650 2660 2670 2680 2690 2700 2710 2720 2730 2740 2750 2760 2770 2780 2790 2800 2810 2820 2830 2840 2850 2860 2870 FAMILY MEMBER; OR THE MENTAL OR PHYSICAL ILLNESS, INJURY, OR CONDITION OF THE EMPLOYEE OR THE EMPLOYEES FAMILY MEMBER; OR (II) PROVIDE AS CERTIFICATION ANY INFORMATION THAT WOULD VIOLATE THE FEDERAL SOCIAL SECURITY ACT OF 1939 OR THE FEDERAL HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT. (D) (1) INSTEAD OF TAKING EARNED SICK AND SAFE LEAVE UNDER THIS SECTION, BY MUTUAL CONSENT OF THE EMPLOYER AND EMPLOYEE, AN EMPLOYEE MAY WORK ADDITIONAL HOURS OR TRADE SHIFTS WITH ANOTHER EMPLOYEE DURING A PAY PERIOD TO MAKE UP WORK HOURS THAT THE EMPLOYEE TOOK OFF FOR WHICH THE EMPLOYEE COULD HAVE TAKEN EARNED SICK AND SAFE LEAVE. (2) AN EMPLOYEE IS NOT REQUIRED TO OFFER NOR IS AN EMPLOYEE REQUIRED TO ACCEPT AN OFFER OF ADDITIONAL HOURS OR A TRADE IN SHIFTS. (E) (1) AN EMPLOYEE MAY TAKE EARNED SICK AND SAFE LEAVE IN THE SMALLEST INCREMENT THAT THE EMPLOYERS PAYROLL SYSTEM USES TO ACCOUNT FOR ABSENCES OR USE OF THE EMPLOYEES WORK TIME. (2) AN EMPLOYEE MAY NOT BE REQUIRED TO TAKE EARNED SICK AND SAFE LEAVE IN AN INCREMENT OF MORE THAN 1 HOUR. (F) WHEN WAGES ARE PAID TO AN EMPLOYEE, THE EMPLOYER SHALL PROVIDE BY ANY REASONABLE METHOD IN WRITING A STATEMENT REGARDING THE AMOUNT OF EARNED SICK AND SAFE LEAVE THAT IS AVAILABLE FOR USE BY THE EMPLOYEE. (G) (1) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION, AN EMPLOYER MAY REQUIRE AN EMPLOYEE WHO USES MORE THAN 3 CONSECUTIVE DAYS OF EARNED SICK AND SAFE LEAVE TO PROVIDE REASONABLE DOCUMENTATION TO VERIFY THAT THE LEAVE WAS USED APPROPRIATELY UNDER SUBSECTION (A) OF THIS SECTION. (2) REASONABLE DOCUMENTATION THAT MAY BE REQUIRED UNDER PARAGRAPH (1) OF THIS SUBSECTION INCLUDES: (I) FOR LEAVE USED UNDER SUBSECTION (A)(5) OF THIS SECTION, THE NOTICE OF THE CLOSURE ORDER BY A PUBLIC OFFICIAL IN THE FORM IN WHICH THE EMPLOYEE RECEIVED THE NOTICE; (II) FOR LEAVE USED UNDER SUBSECTION (A)(1), (3), OR (6) OF THIS SECTION, DOCUMENTATION FROM THE HEALTH OFFICER OR HEALTH CARE PROVIDER THAT THE USE OF EARNED SICK AND SAFE LEAVE IS NECESSARY; AND (III) FOR LEAVE USED UNDER SUBSECTION (A)(7) OF THIS SUBSECTION: (1) A REPORT BY A LAW ENFORCEMENT OFFICER INDICATING THAT THE EMPLOYEE OR THE EMPLOYEES FAMILY MEMBER WAS A VICTIM OF DOMESTIC VIOLENCE, SEXUAL ASSAULT, OR STALKING;
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2880 2890 2300 2310 2320 2340 2350 2360 2370 2380 2390 2400 2410 2420 2430 2440 2450 2460 2470 2480 2490 2500 2510 2520 2530 2540 2550 2560 2570 2580 2590 2600 2610 2620 2630 2640 (2) DOCUMENTATION OF AN INDICTMENT FOR DOMESTIC VIOLENCE, SEXUAL ASSAULT, OR STALKING COMMITTED AGAINST THE EMPLOYEE OR THE EMPLOYEES FAMILY MEMBER; (3). CERTIFICATION BY A STATES ATTORNEYS OFFICE, CHILD PROTECTIVE SERVICES, LAW ENFORCEMENT, VICTIMS ATTORNEY, OR VICTIMS ADVOCATE THAT THE EMPLOYEE OR THE EMPLOYEES FAMILY MEMBER IS A PARTY TO OR WITNESS IN A LEGAL ACTION RELATED TO THE DOMESTIC VIOLENCE, SEXUAL ASSAULT, OR STALKING COMMITTED AGAINST THE EMPLOYEE OR THE EMPLOYEES FAMILY MEMBER; 4. A COURT ORDER PROTECTING THE EMPLOYEE OR THE EMPLOYEES FAMILY MEMBER FROM THE PERPETRATOR OF THE DOMESTIC VIOLENCE, SEXUAL ASSAULT, OR STALKING COMMITTED AGAINST THE EMPLOYEE OR THE EMPLOYEES FAMILY MEMBER; OR 5. A NOTICE FROM A COURT, VICTIMS ATTORNEY, OR STATES ATTORNEYS OFFICE THAT THE EMPLOYEE OR EMPLOYEES FAMILY MEMBER APPEARED, OR IS SCHEDULED TO APPEAR, IN COURT IN CONNECTION WITH THE DOMESTIC VIOLENCE, SEXUAL ASSAULT, OR STALKING COMMITTED AGAINST THE EMPLOYEE OR THE EMPLOYEES FAMILY MEMBER. (3) AN EMPLOYER MAY NOT REQUIRE THAT: (I) THE DOCUMENTATION USED FOR VERIFYING THE USE OF THE EARNED SICK AND SAFE LEAVE UNDER SUBSECTION (A)(1), (3), OR (6) OF THIS SECTION EXPLAINS THE NATURE OF THE MENTAL OR PHYSICAL ILLNESS, INJURY, OR CONDITION; OR (II) THE DOCUMENTATION USED FOR VERIFYING THE USE OF THE EARNED SICK AND SAFE LEAVE UNDER SUBSECTION (A)(7) OF THIS SECTION INCLUDES DETAILS REGARDING THE DOMESTIC VIOLENCE, SEXUAL ASSAULT, OR STALKING. (4) (I) IF DOCUMENTATION REQUIRED UNDER PARAGRAPH (1)OF THIS SECTION RELATES TO MENTAL OR PHYSICAL HEALTH OF AN EMPLOYEEOR IS DOCUMENTATION RELATING TO DOMESTIC VIOLENCE, SEXUAL ASSAULT, OR STALKING COMMITTED AGAINST AN EMPLOYEE OR THE EMPLOYEES FAMILY MEMBER, THE EMPLOYER SHALL MAINTAIN THE DOCUMENTATION IN A CONFIDENTIAL FILE THAT IS SEPARATE FROM THE EMPLOYEES PERSONNEL FILE. (II) AN EMPLOYER MAY NOT DISCLOSE THE DOCUMENTATION MAINTAINED UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH UNLESS THE DISCLOSURE IS MADE TO THE EMPLOYEE OR WITH THE PERMISSION OF THE EMPLOYEE.
2650 31106. 2660 2670 2680 (A) AN EMPLOYER SHALL NOTIFY THE EMPLOYERS EMPLOYEES THAT THE EMPLOYEES ARE ENTITLED TO EARNED SICK AND SAFE LEAVE UNDER THIS SUBTITLE. THE NOTICE PROVIDED UNDER SUBSECTION (A) OF THIS SECTION SHALL INCLUDE:
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2690 2700 2710 2720 2730 2740 2750 2760 2770 2780 2790 2800 2810 2820 2830 2840 2850 2860 2870 2880 2890 2900 2910 2920 2930 2940 2950 2960 2970 2980 2990 3000 3010 3020 3030 3040 3050 3060 (1) A STATEMENT OF HOW EARNED SICK AND SAFE LEAVE IS ACCRUED UNDER 31104 OF THIS SUBTITLE; (2) THE PURPOSES FOR WHICH THE EMPLOYER IS REQUIRED TO ALLOW AN EMPLOYEE TO USE EARNED SICK AND SAFE LEAVE UNDER 31105 OF THIS SUBTITLE; (3) A STATEMENT REGARDING THE PROHIBITION IN 31109 OF THIS SUBTITLE ON THE EMPLOYER TAKING ADVERSE ACTION AGAINST AN EMPLOYEE WHO EXERCISES A RIGHT UNDER THIS SUBTITLE; AND (4) INFORMATION REGARDING THE RIGHT OF AN EMPLOYEE TO REPORT AN ALLEGED VIOLATION OF THIS SUBTITLE BY THE EMPLOYER TO THE COMMISSIONER OR BRING A CIVIL ACTION UNDER 31108(B) OF THIS SUBTITLE. (C) (1) THE COMMISSIONER SHALL CREATE AND MAKE AVAILABLE A POSTER AND A MODEL NOTICE THAT MAY BE USED BY AN EMPLOYER TO COMPLY WITH SUBSECTION (A) OF THIS SECTION. (2) THE MODEL NOTICE CREATED UNDER PARAGRAPH (1) OF THIS SUBSECTION SHALL BE PRINTED IN ENGLISH, SPANISH, AND ANY OTHER LANGUAGE THAT THE COMMISSIONER DETERMINES IS NEEDED TO NOTIFY EMPLOYEES OF THE EMPLOYEES RIGHTS UNDER THIS SUBTITLE. (D) AN EMPLOYER MAY COMPLY WITH SUBSECTION (A) OF THIS SECTION BY: (1) DISPLAYING THE POSTER CREATED BY THE COMMISSIONER UNDER SUBSECTION (C) OF THIS SECTION IN A CONSPICUOUS AND ACCESSIBLE AREA AT THE LOCATION IN WHICH THE EMPLOYEES WORK; (2) INCLUDING THE NOTICE CREATED BY THE COMMISSIONER UNDER SUBSECTION (C) OF THIS SECTION IN AN EMPLOYEE HANDBOOK OR OTHER WRITTEN GUIDANCE TO EMPLOYEES CONCERNING EMPLOYEE BENEFITS OR LEAVE PROVIDED BY THE EMPLOYER; OR (3) DISTRIBUTING THE NOTICE CREATED BY THE COMMISSIONER UNDER SUBSECTION OF THIS SECTION TO EACH EMPLOYEE WHEN THE EMPLOYEE IS HIRED. (E) IF AN EMPLOYER DECIDES NOT TO USE THE MODEL NOTICE CREATED BY THE COMMISSIONER UNDER SUBSECTION (C) OF THIS SECTION, THE NOTICE PROVIDED BY THE EMPLOYER SHALL CONTAIN THE SAME INFORMATION THAT IS INCLUDED IN THE MODEL NOTICE. (F) THE NOTICE MAY BE DISTRIBUTED ELECTRONICALLY BY THE EMPLOYER TO THE EMPLOYERS EMPLOYEES. (G) AN EMPLOYER WHO VIOLATES THIS SECTION IS SUBJECT TO A CIVIL PENALTY NOT EXCEEDING $125 FOR THE FIRST VIOLATION AND $250 FOR EACH SUBSEQUENT VIOLATION. 8 31107.
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3070 3070 3080 3090 3100 3110 3120 3130 3140 3150 3160 3170 3180 3190 3200 3210 3220 3230 3230 3240 3250 3260 3270 3280 3290 3300 3310 3320 3330 3340 3350 3360 3370 3380 3390 3400 (A) (1) AN EMPLOYER SHALL KEEP, FOR AT LEAST 3 YEARS, A RECORD OF: (I) EARNED SICK AND SAFE LEAVE ACCRUED BY EACH EMPLOYEE; AND (II) EARNED SICK AND SAFE LEAVE USED BY EACH EMPLOYEE. (2) AN EMPLOYER MAY KEEP THE RECORD IN THE SAME MANNER THAT THE EMPLOYER KEEPS OTHER RECORDS REQUIRED TO BE KEPT UNDER THIS TITLE. (B) AFTER GIVING THE EMPLOYER NOTICE AND DETERMINING A MUTUALLY AGREEABLE TIME FOR THE INSPECTION, THE COMMISSIONER MAY INSPECT A RECORD KEPT UNDER SUBSECTION (A) OF THIS SECTION FOR THE PURPOSES OF DETERMINING WHETHER THE EMPLOYER IS COMPLYING WITH THE PROVISIONS OF THIS SUBTITLE. (C) (1) THERE IS A REBUTTABLE PRESUMPTION THAT AN EMPLOYER HAS VIOLATED THE PROVISIONS OF THIS SUBTITLE IF: (I) THERE IS AN ALLEGATION THAT THE EMPLOYER HAS FAILED TO ACCURATELY ACCRUE THE AMOUNT OF EARNED SICK AND SAFE LEAVE AVAILABLE TO AN EMPLOYEE; AND (II) THE EMPLOYER FAILS TO: 1 . KEEP A RECORD AS REQUIRED UNDER SUBSECTION (A) OF THIS SECTION; OR 2. ALLOW THE COMMISSIONER TO INSPECT A RECORD KEPT UNDER SUBSECTION (A) OF THIS SECTION. (2) THE REBUTTABLE PRESUMPTION IN PARAGRAPH (1) OF THIS SUBSECTION MAY BE OVERCOME ONLY WITH CLEAR AND CONVINCING EVIDENCE. 31108. (A) WHENEVER THE COMMISSIONER DETERMINES THAT THIS SUBTITLE HAS BEEN VIOLATED, THE COMMISSIONER: (1) MAY TRY TO RESOLVE ANY ISSUE INVOLVED IN THE VIOLATION INFORMALLY BY MEDIATION; (2) WITH THE WRITTEN CONSENT OF THE EMPLOYEE, MAY ASK THE ATTORNEY GENERAL TO BRING AN ACTION IN ACCORDANCE WITH THIS SECTION ON BEHALF OF THE EMPLOYEE; AND MAY BRING AN ACTION ON BEHALF OF AN EMPLOYEE IN THE COUNTY WHERE THE VIOLATION ALLEGEDLY OCCURRED. (B) (1) AN EMPLOYEE MAY BRING A CIVIL ACTION IN A COURT OF COMPETENT JURISDICTION AGAINST THE EMPLOYER FOR A VIOLATION OF THIS SUBTITLE. (2) AN ACTION MAY BE BROUGHT UNDER PARAGRAPH (1) OF THIS SUBSECTION WHETHER OR NOT THE EMPLOYEE FIRST FILED A COMPLAINT WITH THE COMMISSIONER. (C) AN ACTION BROUGHT UNDER SUBSECTION (A) OR (B) OF THIS SECTION SHALL BE FILED WITHIN 3 YEARS AFTER THE OCCURRENCE OF THE ACT ON WHICH THE ACTION IS BASED.
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3410 3420 3430 3440 3450 3460 3470 3480 3490 3500 3510 3520 3530 3540 3550 3560 3570 3580 3590 3600 3610 3620 3630 3640 3650 3560 3570 3580 3590 3600 3610 3620 3630 3640 3650 (D) (1) IF, IN AN ACTION UNDER SUBSECTION (A) OR (B) OF THIS SECTION, A COURT FINDS THAT AN EMPLOYER VIOLATED THIS SUBTITLE, THE COURT MAY AWARD THE EMPLOYEE: (I) THE FULL MONETARY VALUE OF ANY UNPAID EARNED SICK AND SAFE LEAVE; (II) ACTUAL ECONOMIC DAMAGES SUFFERED BY THE EMPLOYEE AS THE RESULT OF THE EMPLOYERS VIOLATION OF THIS SUBTITLE; (III) AN ADDITIONAL AMOUNT NOT EXCEEDING 3 TIMES THE DAMAGES AWARDED UNDER SUBPARAGRAPH (II) OF THIS PARAGRAPH; (IV) REASONABLE COUNSEL FEES AND OTHER COSTS; AND (V) ANY OTHER RELIEF THAT THE COURT DEEMS APPROPRIATE, INCLUDING: 1. REINSTATEMENT TO EMPLOYMENT; 2. BACK PAY; AND 3. INJUNCTIVE RELIEF. (2) IF BENEFITS OF AN EMPLOYEE ARE RECOVERED UNDER THIS SECTION, THEY SHALL BE PAID TO THE EMPLOYEE WITHOUT COST TO THE EMPLOYEE. (3) IF THE ACTION WAS BROUGHT BY THE ATTORNEY GENERAL,THE COURT MAY AWARD A FINE OF $1,000 PER VIOLATION TO THE STATE. 31109. (A) IN THIS SECTION, ADVERSE ACTION INCLUDES: (1) DISCHARGE; (2) DEMOTION; (3) THREATENING THE EMPLOYEE WITH DISCHARGE OR DEMOTION; AND (4) ANY OTHER RETALIATORY ACTION THAT RESULTS IN A CHANGE TO THE TERMS OR CONDITIONS OF EMPLOYMENT THAT WOULD DISSUADE A REASONABLE EMPLOYEE FROM EXERCISING A RIGHT UNDER THIS SUBTITLE. (B) A PERSON MAY NOT INTERFERE WITH THE EXERCISE OF, OR THE ATTEMPT TO EXERCISE, ANY RIGHT GIVEN UNDER THIS SUBTITLE. (C) (1) AN EMPLOYER MAY NOT: (I) TAKE ADVERSE ACTION OR DISCRIMINATE AGAINST AN EMPLOYEE BECAUSE THE EMPLOYEE EXERCISED IN GOOD FAITH THE RIGHTS PROTECTED UNDER THIS SUBTITLE; OR (II) COUNT EARNED SICK AND SAFE LEAVE THAT AN EMPLOYEE TOOK IN ACCORDANCE WITH THE PROVISIONS OF THIS SUBTITLE AS AN ABSENCE THAT MAY LEAD TO OR RESULT IN ANY ADVERSE ACTION TAKEN AGAINST THE EMPLOYEE.
A030-1213
3660 3670 3680 3690 3700 3710 3720 3730 3740 3750 3760 3770 3780 3790 3800 3810 3820 3830 3840 3850 3860 3870 3880 3890 3900 3910 3920 3930 3940 3950 3960 3970 3980 3990 4000 4010 (2) THERE IS A REBUTTABLE PRESUMPTION THAT AN EMPLOYER HAS VIOLATED THIS SUBSECTION IF THE EMPLOYER TOOK ADVERSE ACTION AGAINST AN EMPLOYEE WITHIN 90 DAYS AFTER THE EMPLOYEE: (I) FILES A COMPLAINT WITH THE COMMISSIONER ALLEGING A VIOLATION OF THIS SUBTITLE OR BRINGS A CIVIL ACTION UNDER 31108(B) OF THIS SUBTITLE; (II) INFORMS A PERSON ABOUT AN ALLEGED VIOLATION OF THIS SUBTITLE BY THE EMPLOYER; (III) COOPERATES WITH THE COMMISSIONER OR ANOTHER PERSON IN THE INVESTIGATION OR PROSECUTION OF AN ALLEGED VIOLATION OF THIS SUBTITLE BY THE EMPLOYER; OR (IV) OPPOSES A POLICY OR PRACTICE OF THE EMPLOYER OR AN ACT COMMITTED BY THE EMPLOYER THAT IS UNLAWFUL UNDER THIS SUBTITLE. (D) THE PROTECTIONS AFFORDED UNDER THIS SUBTITLE SHALL APPLY TO AN EMPLOYEE WHO MISTAKENLY, BUT IN GOOD FAITH, ALLEGES A VIOLATION OF THIS SUBTITLE. 31110. (A) AN EMPLOYEE, IN BAD FAITH, MAY NOT: (1) FILE A COMPLAINT WITH THE COMMISSIONER ALLEGING A VIOLATION OF THIS SUBTITLE; (2) BRING AN ACTION UNDER 31108 OF THIS SUBTITLE; OR (3) TESTIFY IN AN ACTION UNDER 31108 OF THIS SUBTITLE. (B) AN EMPLOYEE WHO VIOLATES THIS TITLE IS GUILTY OF A MISDEMEANOR AND ON CONVICTION IS SUBJECT TO A FINE NOT EXCEEDING $1,000. 31111. THIS SUBTITLE MAY BE CITED AS THE MARYLAND EARNED SICK AND SAFE LEAVE ACT. SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect October 1, 2013. MANDATES: Martin OMalley, Governor of Maryland Thomas V. Miller, President of the Maryland Senate Michael E. Busch, Speaker of the Maryland House of Delegates Rob Garagiola, State Senator, District 15 Richard S. Madaleno, State Senator, District 18 Victor R. Ramirez, State Senator, District 47 Leonard J. Howie III, Secretary, Maryland Department of Labor, Licensing and Regulations Joshua M. Scharfstein, Secreatary, Maryland Department of Health and Mental Hygiene
A030-1213
SPONSOR: Nicole Zimmerman, DCP Saint Marys College of Maryland
R011-1213
10 20 30 40 50 60 70 80 90 100 110 120 130 140 150 160 170 180 190 200 210
A RESOLUTION CONCERNING The Delivery of an I Voted Sticker to Voters Who Submitted Absentee Ballots WHEREAS: WHEREAS: For the purpose of allowing absentee voters to receive an I Voted Sticker. An absentee ballot shall be enclosed in specially printed envelopes, the form and content of which shall be prescribed by the State Board. A local board may use either two envelopes or three envelopes and send an I Voted sticker to the voter. If two envelopes are used, the inner envelope shall be designated the "ballot/return envelope", and, when issued, it shall fit inside the envelope designated the "outgoing envelope". If three envelopes are used, the innermost envelope shall be designated the "ballot envelope", which shall fit inside the envelope designated the "return envelope", both of which, when issued, shall fit inside the envelope designated the "outgoing envelope". When voted and returned to the local board, an absentee ballot shall be enclosed in a ballot envelope or ballot/return envelope, on which has been printed an oath prescribed by the State Board.
WHEREAS:
WHEREAS:
WHEREAS:
THEREFORE BE IT RESOLVED: That the Maryland Student Legislature urges the State Government to allow I Voted Stickers to be sent to all voters who utilize an absentee ballot. MANDATES: Thomas V. Miller Jr., President of the Maryland State Senate Michael E. Busch, Speaker of the Maryland House of Delegates Bobbie S. Mac, Chairman of State Board of Elections
SPONSOR: Casey Moninghoff, Mount St. Marys University
R012-1213 10 20 30 40 50 60 70 80 90 100 110 120 130 140 150 SPONSOR: Kenneth Rankins, McDaniel College A RESOLUTION CONCERNING THE BROWNFIELD TAX CREDIT WHEREAS: Brownfields are former industrial or commercial site where future use is affected by real or perceived environmental contamination; and, WHEREAS: There are 1,000 Brownfield sites in the state of Maryland; and, WHEREAS: Under the Brownfields Revitalization Incentive Program, there is a tax credit is given to people who work on redevelopment of these sites; and, WHEREAS: The tax credit given to site owners is only 50%; and, WHEREAS: Since 1993, only 45 of these Brownfield sites have been redeveloped; THEREFORE BE IT RESOLVED: That the Maryland Student Legislature urges the State of Maryland to increase the tax credit to 60% to create more of an incentive for the redevelopers. MANDATES: Martin OMalley, Governor Doug Gansler, Attorney General Brian Frosh, Chair, Senate Judiciary Committee
R013-1213
10 A RESOLUTION CONCERNING 20 Helping of Disabled Persons in Maryland 30 WHEREAS: Disabilities are socially constructed by ones physical, social, and cultural environment; 40 WHEREAS: The Americans with Disabilities Act was passed only because of pressure from the disabilities 50 rights movement and not because of specific proposals by politicians; 50 WHEREAS: The increasing rate of work and movement in society increases the amount of disabilities; 60 WHEREAS: Much the architecture in buildings is planned with the image of healthy, non-disabled young men, 70 but not taking in mind those with disabilities; 80 WHEREAS: In general, people treat those with disabilities as not meeting social conditions and expectations 90 and as a result treating them as isolated members of society; 90 100 110 120 THEREFORE BE IT RESOLVED: That the Maryland Student Legislature urges the Maryland General Assembly to require that services for the disabled be treated as preventive, while recognizing that the best way to help those that are disabled is to put in place social planning that deals realistically with everyones capabilities, needs, limitations and the probable distribution of hardship.
130 MANDATES: Martin OMalley, Governor, Maryland 140 Michael E. Busch, Speaker of the Maryland House of Delegates 150 Thomas V. Miller, President of the Maryland Senate SPONSORS: Burkely Hermann, St. Marys College of Maryland
R014-1213
10 20 30 40 50 60 70 80 90 100 110 120 130 140 150 160 170
A RESOLUTION CONCERNING A Ban on Fracking in the State of Maryland WHEREAS: The use of fractural drilling in other states is believed to cause environmental problems, and; Drilling companies are specifically interested in drilling Western Maryland, and; Greater environmental studies are desired to ascertain the effect of drilling, and; The current ban on drilling has very little constitutional ground in the State of Maryland.
WHEREAS: WHEREAS: WHEREAS:
THEREFORE BE IT RESOLVED: that the Maryland General assembly be encouraged to pass legislation to ban drilling a year and a half until a proper environmental impact study is conducted. BE IT FURTHER RESOLVED: that the Maryland General Assemble should also encourage any drilling company interested to contribute toward paying for that environmental study. BE IT FURTHER RESOLVED: to limit possible drilling to Garrett, Allegany, and Washington counties until further date decided by Maryland General Assembly. MANDATES: Martin O Malley, Governor of Maryland Michael E. Busch, Speaker of the Maryland House of Delegates Thomas V. Miller Jr., President of the Maryland State Senate
SPONSORS:
Charles Gallagher, Treasurer, Mount St. Marys University Joe Buchhiet, Mount Saint Marys University
R015-1213
10 A RESOLUTION CONCERNING 20 THE MODIFICATION OF CODE ELECTION LAW ARTICLE, SEC. 8-505 SECTION C WINNER-TAKE-ALL
30 WHEREAS: The repealing of this act would ensure greater representation for all residents of the state of 40 Maryland including those residing in both urban and rural areas; and, 50 WHEREAS: The current winner-take-all system roots its history in the corrupt bargain of 1824 and is 60 therefore outdated and need of revision if the disenchanted are to have renewed faith in democracy; and,
70 WHEREAS: In 2008 only 68.3% voter turnout for Maryland was reported and the main reason cited was that 80 voters felt that individual votes did not matter; and,
90 WHEREAS: Since 1978 there have been three instances when the Electoral College representatives did not vote 100 according to the values of her people, the popular vote dictate, due to the flawed winner-take-all system; and
110 WHEREAS: The winner-take-all system also creates apostatism between the minds of those wishing to make 120 bipartisan effort concerning current hot-button issues; and,
130 WHEREAS: Exists a prominent and alarming under-representation concerning unaffiliated voters; and,
140 WHEREAS: Exists a more than subtle voting trend created in 1992 that leads to popular feelings of under150 representation in certain population areas; and, 160 WHEREAS: This would force candidates to take Maryland as a whole more seriously and force the state onto 170 the campaign trail improving Maryland economy.
180 THEREFORE BE IT RESOLVED: That the Maryland Student Legislature urges the Maryland State 190 Legislature to correct Maryland An. Code 1957, art. 33, 8-505; 2002, ch. 291, 2, 4. Section C to no longer 200 state Voting by electors.- After taking the oath prescribed by Article I, 9 of the Maryland Constitution before 210 the Clerk of the Court of Appeals or, in the Clerk's absence, before one of the Clerk's deputies, the presidential 220 electors shall cast their votes for the candidates for President and Vice President who received a plurality of the 230 votes cast in the State of Maryland
240 BE IT FURTHER RESOLVED: That Maryland An. Code 1957, art. 33, 8-505; 2002, ch. 291, 2, 4. 250 Section C state in preference, Voting by electors.- After taking the oath prescribed by Article I, 9 of the 260 Maryland Constitution before the Clerk of the Court of Appeals or, in the Clerk's absence, before one of the 270 Clerk's deputies, the presidential electors shall cast their votes for the candidates for President and Vice 280 President who received a plurality of the votes cast in the district they represent.
R015-1213
290 MANDATES: David R. Brinkley, Senator
300
310
Andrew P. Harris, M.D., U.S. Representative Richard F. Colburn, Senator Maryland Senate George C. Edwards, Maryland Senate LeRoy E. Myers, JR., State Delegate Rudolf C. Cane, State Delegate
320 330 340
SPONSOR: Frances Harrison, MSL delegation, FCC
R016-1213
10 A Resolution Concerning 20 Banning of High-heeled Shoes 30 WHEREAS: High heeled shoes are dangerous to women and are a form of torture; 40 WHEREAS: Shoes with high heels lead to the continuing patriarchal oppression of females; 50 WHEREAS: The posture of women who wear high heels is distorted causing unhealthiness; 60 WHEREAS: The consumerism rampant in Western culture leads to objectification of women and the prevalence 70 of body image, resulting in powerlessness of women; 80 THEREFORE BE IT RESOLVED: That the Maryland Student Legislature urges the Maryland General 90 Assembly to require that the sale of all high heeled shoes shall be banned in the state of Maryland. 110 MANDATES: Martin OMalley, Governor, Maryland 120 Michael E. Busch, Speaker of the Maryland House of Delegates 130 Thomas V. Miller, President of the Maryland Senate SPONSORS: Emma McIntosh, Vice-Delegation Chairperson, University of Maryland, College Park
R017-1213
10 20 30 40 50 60 70 80 90 100 110 120 130 140 150 160 170 180 190 200 210 220 230 240 250 260 270 280 290 300
A RESOLUTION CONCERNING: Financial Support for the Residents of Public Universities in Maryland WHEREAS: Residential University Departments, who provide services to students living on campus, do not receive any current funding from the University System of Maryland, WHEREAS: Their funding is dependent solely on student fees and room and board costs, WHEREAS: The cost of living has increased which, in turn, caused the price of living on a college campus in Maryland to increase, WHEREAS: It is beneficial for the entire University System to have a low cost of higher education in order to compete with other public universities across the country, WHEREAS: It is also beneficial overall to have a low cost of higher education in order to encourage a higher level of learning, THEREFORE BE IT RESOLVED: that the Maryland Student Legislature urges the Maryland General Assembly to increase public funding to the University System of Maryland in order to reduce costs for on-campus students. AND BE IT FURTHER RESOLVED: that the money be specifically designated to go towards funding the Departments of Residential Services for all schools under the University System of Maryland. MANDATES: Martin OMalley, Governor of Maryland 100 State Circle Annapolis, Maryland 21401-1925 Thomas V. Mike Miller, President of the Maryland State Senate State House, H-107 Annapolis, MD 21401-1991 Michael E. Busch, Speaker of the House of Delegates State House, H-101 Annapolis, Maryland 21401-1991
SPONSOR: Kristen Essel, University of Maryland, College Park
R018-1213 10 20 30 40 50 60 70 80 90 100 110 120 130 140 150 160 170 180 190 200 210 220 230 240 250 260 270 A RESOLUTION CONCERNING POLITICAL PLEDGES WHEREAS: Many American lawmakers sign pledges signifying their promise to support a certain cause or policy throughout their terms in office; and, WHEREAS: One of the more popular of these pledges is the American Tax Reforms No New Taxes pledge; and, WHEREAS: Legislators generally refuse to break the pledges they sign for fear of losing the support and votes of their constituents; and, WHEREAS: The most recent sessions of the US Congress have provided several examples of the damage that can result from the refusal of lawmakers to vote on legislation that conflicts with their pledges; and, WHEREAS: Every elected member of the Maryland General Assembly must take the same oath of office, in which they swear to execute their office to the best of their potential and with skill and judgment, diligently and faithfully, without partiality or prejudice; and, WHEREAS: The signing of pledges such as the No New Taxes pledge is in direct conflict with the wording and spirit of the oath of office. THEREFORE BE IT RESOLVED: That the Maryland Student Legislature urges the Maryland General Assembly to pass legislation banning Maryland lawmakers from signing or making any pledge except the pledge of allegiance and the oath of office. MANDATES: Martin OMalley, Governor Michael Busch, Speaker of the House Thomas V. Miller, President of the Senate Robert J. Garagiola, Senate Majority Leader Kumar Barve, House Majority Leader
SPONSOR: Ryan Spicer Delegation Chairperson, McDaniel College
R019-1213 10 20 30 40 50 60 70 80 90 100 110 120 130 140 150 160 170 180 190 200 210 220 A Resolution Concerning TAXATION WITHOUT REPRESENTATION WHEREAS: Residents of the District of Columbia do not have representation in Congress but are only allowed a non-voting observer into congressional proceedings. WHEREAS: Residents of the District of Columbia are subject to federal taxation regardless of their lack of representation in the federal government. WHEREAS: The population of the District of Columbia is large enough to warrant representation in Congress. WHEREAS: City residents have been lobbying for representation in Congress since receiving the ability to govern itself outside Congressional authority. WHEREAS: The lack of Congressional representation for the District of Columbia equates to taxation without representation. THEREFORE BE IT RESOLVED: That the Maryland Student Legislature urges Congress to pass and the President to sign legislation allowing the District of Columbia voting representation in Congress in the form of a single seat in The House of Representatives. MANDATES: President, Barack Obama Vice President, Joseph Biden Jr. Speaker of the House of Representatives, John Boehner
SPONSOR: Noah Patton, McDaniel College
R020-1213
10 A RESOLUTION CONCERNING 20 Declaring President Obama as drone king 30 WHEREAS: Up to 3,461 have been killed in Pakistan, up to 1,112 have been killed in Yemen and 40 up to 170 have been killed in Somalia by armed CIA unmanned aerial vehicles; 40 WHEREAS: Every Tuesday the President looks through a comprehensive kill list including three American 50 citizens and he decides who he wants to kill in the world that week without any due process; 60 WHEREAS: A recently released white paper declared that drone strikes are justified when an informed, high70 level official of the US government has determined that the targeted individual poses an imminent threat of 80 violent attack against the US which can include U.S. citizens which could be expanded to US soil and declares 90 that the world is a battlefield; 100 WHEREAS: Drone strikes in other countries result in more recruits to Al-Qaeda and it results in anger against 110 the United States on a worldwide scale; 120 WHEREAS: Christof Heyns, the UN special rapporteur on extrajudicial, summary or arbitrary executions 130 argued that some of the drone strikes may constitute war crimes; 140 WHEREAS: The current president has asserted the power to imprison or eavesdrop on US citizens 150 without charges or trial, but to order them executed in total secrecy, with no checks or oversight; 160 THEREFORE BE IT RESOLVED: That the Maryland Student Legislature urges the United States Congress 170 to declare that President Barack Hussein Obama is a drone king. 180 MANDATES: Martin OMalley, Governor, Maryland 190 Michael E. Busch, Speaker of the Maryland House of Delegates 200 Thomas V. Miller, President of the Maryland Senate SPONSORS: Burkely Hermann, St. Marys College of Maryland
R021-1213
10 20 30 40 50 60 70 80 90 100 110 120 130 140 150 160 170 180 190 200 210 220 230 240 250 260 270 280 290 300 310
A Resolution Concerning LEGALIZING MARIJUANA IN THE STATE OF MARYLAND WHEREAS: The increase use of marijuana by the population has become beneficial to everyone, helping both the medical and academic atmosphere get a better sense of the herb usage; and, WHEREAS: This drastic availability of marijuana to the general public helps medical doctors readily prescribe needed medicine to patients with eating disorders, and anxiety, thereby increasing present and future medical breakthroughs; and, WHEREAS: In difficult economic times prescribed medications are expenses that burden the poor which increase geographic health disparities; and WHEREAS: It is important to take into consideration that other states have legalized medical marijuana such as California and Washington, resulting in widespread medicinal use; and, WHEREAS: As a result more scientists and academics will be able to do further studies on the drug that would have been earlier restricted and stigmatized by Congress; and, WHEREAS: It will become easier to publish research on marijuana with local authorities and the civil society working in a more symbiotic relationship. THEREFORE BE IT RESOLVED: That the Maryland Student Legislature urges the Maryland General Assembly to legalize marijuana; and BE IT FURTHER RESIOLVED: This will increase the social atmosphere of both civilians and authorities community by acceptable guidelines. MANDATES: Thomas V. Mike Miller, President of the Maryland State Senate State House, H-107 Annapolis, Maryland 21401 Michael E. Busch, Speaker of the House of Delegates State House, H-101 Annapolis, Maryland 21401
SPONSOR: Yerodin Anthony, University of Maryland, College Park
R021-1213
R022-1213
10 20 30 40 50 60 70 80 90 100 110 120 130 140 150 160 170 180 190 200 210 220 230 240 250 260 270 280 290 300 310 320 A RESOLUTION CONCERNING: UNPAID INTERNSHIPS WHEREAS: According to the College Employment Institute, three quarters of all American four year college students complete internships within their college career. WHEREAS: A third to a half of these interns are not paid. WHEREAS: Fields such as journalism, politics and film implicitly require unpaid internships to get a full time job in the field. WHEREAS: Lower and middle class students, who are more likely to be people of color than affluent students, are often excluded from unpaid internships because they cannot afford to forgo paid work and pay their living expenses during unpaid internships. WHEREAS: Unpaid interns often do the same work as entry level workers thereby reducing demand for paid workers. WHEREAS: Under the Fair Labor Standards Act (FLSA), the US Department of Labor requires that forprofit employers offering unpaid internships derive no immediate advantage from the activities of the intern and that the internship experience is similar to training that would be given in an educational environment. WHEREAS: By its own admission, the Department of Labor does not enforce these rules and relies on interns to report violations. THEREFORE IT BE RESOLVED: The Maryland Student Legislature urges the Department of Labor to strictly enforce the Fair Labor Standards Act rules on unpaid internships. FURTHER LET BE RESOLVED: The Maryland Student Legislature urges Maryland colleges and universities to stop offering credit for unpaid internships and discourage internship requirements for graduation. MANDATES: Martin OMalley, Governor of Maryland Michael Busch, Speaker of the House of Delegates Thomas V. Mike Miller, President of the Senate Seth D. Harris, Acting Secretary, US Department of Labor Arne Duncan, Secretary, US Department of Education Danette Howard, Secretary of Higher Education, Maryland Higher Education Commission Leonard J. Howie II, Secretary, Maryland Department of Labor, Licensing and Regulation
SPONSOR: Nicole Zimmerman, Delegation Chairperson, St. Marys College of Maryland
R023-1213
10 20 30 40 50 60 70 80 90 100 110 120 130 140 150 160 170 180 190 200 210 220 230 240 250 260 270 270 280 290 300 310 320 330
A Resolution Concerning The Peoples Rights Amendment to the United States Constitution WHEREAS: President Abraham Lincoln notably remarked in his Gettysburg Address that government of the people, by the people, for the people, shall not perish from the earth; and, WHEREAS: Freedom of speech is a right exclusive to natural persons, recognized and protected by the First Amendment of the Constitution of the United States; and, WHEREAS: Corporations are not natural persons, but rather legal entities created by governments and granted conditional rights by society through the legislative process of Congress and the States; and, WHEREAS: The Supreme Court has wrongly transformed the meaning of the First Amendment in its five to four ruling in Citizens United v. Federal Elections Commission; and, WHEREAS: The Citizens United decision has allowed for the creation of super political action committees that allow for unregulated election campaign expenditures in unprecedented amounts, and, WHEREAS: This decision invalidates the legislative authority of Congress and the States to restrain corporate spending in elections and thereby restrict the influence of corporate power in our political process; and, WHEREAS: The opinion of the four dissenting justices noted that corporations have certain privileges not enjoyed by natural persons, such as limited liability, perpetual life, and favorable treatment of their accumulation and distribution of assets, which financially enables them to overwhelm individual, natural persons in the political process; and, WHEREAS: Article V of the United States Constitution empowers and the people and states of the United States of America to use the constitutional amendment process to correct those egregiously wrong decisions of the United States Supreme Court that threaten our government of the people, by the people, and for the people. THEREFORE BE IT RESOLVED: That the Maryland Student Legislature urges the United States Congress to consider the letter introduced
R023-1213
340 350 360 370 380 380 390 400 410 420 430 440 450 460 470 480 490 500 510 520 530 540 550 560 570 580 590 600 SPONSOR:
by State Senator Jamie Raskin and signed by a majority of the members of the Maryland General Assembly requesting that the United States Congress reverse the Citizens United decision and restore fair elections and democratic sovereignty to the states and to the people. BE IT FURTHER RESOLVED: That the Maryland Student Legislature respectfully requests that the U.S. Congress propose and send to the States for ratification a constitutional amendment to clarify the distinction between the rights of natural persons and the rights of corporations, thereby preserving the power of Congress and the States to place limits on the ability of corporations to influence the outcome of elections. MANDATES: Harry Reid, Majority Leader of the United States Senate 522 Hart Senate Office Building Washington, DC 20510 John Boehner, Speaker of the United States House of Representatives H-232 The Capitol Washington, DC 20515 Thomas V. Mike Miller, President of the Maryland State Senate State House, H-107 Annapolis, Maryland 21401 Michael E. Busch, Speaker of the House of Delegates State House, H-101 Annapolis, Maryland 21401 Jamie Raskin, Member of the Maryland Senate from the 20th District James Senate Office Building, Room 122 11 Bladen St., Annapolis, Maryland 21401
Robert Brooking, Delegation Chairperson University of Maryland, College Park
R023-1213
R024-1213
10 A RESOLUTION CONCERNING 20 Resources for parents/guardians of intersex children and education of doctors
30 WHEREAS: 1.7 percent of live births in the United States are from intersex individuals; 40 WHEREAS: Gender is socially defined and not biologically based; 50 WHEREAS: Intersex children are mostly healthy at birth despite the prevalence of prenatal therapy; 60 WHEREAS: Many confused parents have gotten infant genital surgery which doctors have asserted is unsafe; 70 WHEREAS: There are six common types of intersexuality that exist including congenital adrenal hyperplasia 80 (CAH), androgen insensitivity syndrome (AIS), gonadal dysgenesis, hypospadias, turner syndrome, 90 and the klinefelter syndrome; 100 110 120 130 140 150 THEREFORE BE IT RESOLVED: That the Maryland Student Legislature urges the Maryland General Assembly to require that doctors become knowledgeable of medical resources, determine ones biological sex using medical evidence not their own personal impressions and tell parents/guardians of intersex children that their child(s) is mix of female and male sexual characteristics instead of asserting that children have to be male or female while providing an expert(s) that can be consulted on the biological sex of their child(s) and medical resources to help parent/guardians with their intersex child(s).
160 MANDATES: Martin OMalley, Governor, Maryland 170 Michael E. Busch, Speaker of the Maryland House of Delegates 180 Thomas V. Miller, President of the Maryland Senate SPONSORS: Burkely Hermann, St. Marys College of Maryland

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Maryland Student Legislature

Spring LTI/IA at St. Mary's College of Maryland

Registration Committee Leadership Meeting Opening Ceremonies

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Maryland Student Legislature

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Maryland Student Legislature

Maryland Student Legislature

Maryland Student Legislature

10 AN ACT CONCERNING 20 Criminal Law Other Crimes Against the Person

SPONSOR: Thomas Kenny, St. Marys College of Maryland

Maria Sofia, Mount St. Marys University

CO-SPONSOR: Elizabeth Duhring, Delegation Chairperson, Mount St. Marys University

(ii) order; (iii) (iv)

the counterfeiting or alteration of a prescription or a written

the concealment of a material fact; the use of a false name or address;

560 570 580 590 600 610 620 630

800 810 820

870 880 890 900 910 920

1050 (I) 1060 ADMINISTRATOR; 1070 1080 (II)

BE UNIFORM THROUGHOUT THE STATE; AND

APPEARANCE IN PERSON; APPEARANCE BY COUNSEL; OR

A020-1213 1190 3. PAYMENT OF THE FINE FOR THE OFFENSE.

SPONSOR: Emily Tanner, St. Marys College of Maryland

250 MANDATES: 260 270

SPONSOR: University of Maryland, College Park Delegation

A025-1213 380 Commissioners

SPONSOR: Morgan Lewis, St. Marys College of Maryland

A029-1213 10 AN ACT CONCERNING

(n) (1) a natural reservoir. (2)

MINOR PUBLIC HEALTH OR

MODERATE PUBLIC HEALTH OR

MAJOR PUBLIC HEALTH OR

lifting the moratorium to authorize hydraulic fracturing in

imposing a ban on hydraulic fracturing in the State.

SPONSOR: Rachel OKeeffe, Hood College Delegation

SPONSOR: Casey Moninghoff, Mount St. Marys University

10 20 30 40 50 60 70 80 90 100 110 120 130 140 150 160 170

WHEREAS: WHEREAS: WHEREAS:

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SPONSOR: Frances Harrison, MSL delegation, FCC

SPONSOR: Kristen Essel, University of Maryland, College Park

SPONSOR: Ryan Spicer Delegation Chairperson, McDaniel College

SPONSOR: Noah Patton, McDaniel College

SPONSOR: Yerodin Anthony, University of Maryland, College Park

SPONSOR: Nicole Zimmerman, Delegation Chairperson, St. Marys College of Maryland

Robert Brooking, Delegation Chairperson University of Maryland, College Park

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