2008 Legislative Session

The 2008 session of the Maryland General Assembly is in full swing.  There are many bills of interest to women and NOW which will be considered this session.  Listed below the bills we have identified to date.  

To stay up to date and informed on these bills, Baltimore NOW recommends subscribing to the Legislative List Serv of the Women's Law Center of Maryland (WLC).  The WLC provides up-to-date and comprehensive action alerts on many of the bills of interest to NOW.   To join the list serv, send an email to legislative@wlcmd.org.  

VIOLENCE AGAINST WOMEN/DOMESTIC VIOLENCE  

HB 27 Domestic Violence-Protective Orders
Synopsis:
Establishing that all relief contained in a final protective order continues in effect, subject only to specified provisions of law; repealing a provision of law specifying that a final protective order is effective for the period stated in the order, not to exceed 12 months; and repealing a provision of law authorizing a court to extend the term of a protective order for 6 months.
BNOW Position
: Support

HB344 Crimes - On-Line Harassment 
Synopsis:
Expanding the scope of the existing prohibition against using electronic mail with the intent to harass to include making an Internet transmission or posting; etc.
BNOW Position
: Support

HB182 (SB393) Domestic Violence - Permanent Protective Order After Conviction and Imprisonment 
Synopsis:
Providing that a protective order is permanent if a respondent is convicted and sentenced to imprisonment for a specified act of abuse. 
BNOW Position
: Support

HB183 (SB392)c Violence - Enforcement of Protective Order 
Synopsis:
Authorizing a judge to order a law enforcement officer to use all reasonable and necessary force to enforce a temporary custody provision of a final protective order. 
BNOW Position
: Support

HB659 Domestic Violence - Temporary Protective Order - Additional Relief 
Synopsis:
Authorizing a court in a specified proceeding for relief from abuse to order the respondent to surrender specified firearms and to refrain from possessing firearms under specified circumstances; requiring a law enforcement officer to provide specified information to a respondent when a firearm is surrendered and to provide for the safe storage of the firearm; providing for the retaking of surrendered firearms by the respondent under specified circumstances; etc.
BNOW Position
: Support

HB640 (SB42) Family Law - Temporary Protective Orders - Surrender of Firearms 
Synopsis:
Authorizing a judge in entering a temporary protective order to order a specified person to surrender to law enforcement authorities any firearm in the person's possession for a specified period of time; etc. 
BNOW Position
: Support

HB1106 District Court Commissioners - Interim Protective Orders - Petitions Filed by Law Enforcement 
Synopsis:
Proposing an amendment to the Maryland Constitution to authorize a District Court Commissioner to issue an interim protective order when a specified petition is filed by a law enforcement officer under specified circumstances; and submitting the amendment to the qualified voters of the State of Maryland for their adoption or rejection
BNOW Position
: Support

HB1105 Family Law - Interim Protective Orders - Petitions Filed by Law Enforcement
Synopsis:
Requiring that a law enforcement officer file a petition for an interim protective order with a District Court Commissioner under specified circumstances; requiring a law enforcement officer to take specified actions if an arrest is made; making the Act contingent on the passage and ratification of a specified Constitutional Amendment
BNOW Position
: Support

HB1257 Stalking and Domestic Violence - Cruelty Toward a Pet or Service Animal 
Synopsis:
Changing the definition of "stalking" to include a malicious course of conduct that puts another person in reasonable fear that a pet or service animal likely will suffer cruelty or aggravated cruelty; authorizing a District Court Commissioner or a judge in a specified protective order to order a respondent to remain away from or refrain from cruelty or aggravated cruelty to a pet or service animal or to give the pet or service animal to a specified person; etc. 
BNOW Position
: Support

HB1116 (SB700) Domestic Violence - Violation of Protective Order - Active Electronic Monitoring 
Synopsis: Authorizing the court, in a county that implements a global positioning satellite tracking system program, to suspend the sentence of a defendant convicted of failing to comply with specified relief granted in an interim, temporary, or final protective order and place the defendant under active electronic monitoring under specified conditions; requiring the defendant to pay specified fees established by the county under specified circumstances; etc. 
BNOW Position
: Support

HB1413 Peace Orders - Referral to Mediation 
Synopsis:
Authorizing the District Court to refer a specified case relating to peace orders to a District Court mediator at any time, under specified circumstances
BNOW Position
: Support

SB615 Stalking and Domestic Violence - Cruelty Toward a Pet or Service Animal 
Synopsis:
Authorizing a District Court Commissioner or judge in a specified interim, temporary, or final protective order to order a respondent to remain away from, refrain from cruelty or aggravated cruelty toward, or give a specified pet or service animal to another; providing specified penalties for failure to comply with relief ordered in a protective order; changing the definition of "stalking" to include a course of conduct that puts a person in reasonable fear that a pet or service animal may suffer cruelty; etc. 
BNOW Position
: Support

SB394 (HB181) Criminal Procedure - Pretrial Release - Violation of Condition of "No Contact" - Penalty
Synopsis:
Making it a misdemeanor to violate a condition of pretrial release that requires a defendant to have no contact with the alleged victim or the alleged victim's premises or place of employment; requiring an officer to arrest with or without a warrant and take into custody a person who the officer has probable cause to believe is in violation of a specified condition of pretrial release; and establishing penalties for a violation of the Act. 
BNOW Position
: Support

HB245 Task Force for the Prevention of Human Trafficking in Maryland
Synopsis:
Establishing the Task Force for the Prevention of Human Trafficking in Maryland ; specifying the chair, membership, and duties of the Task Force; requiring the Task Force to provide reports to the Governor and the General Assembly on or before specified dates; providing for staffing of the Task Force; and providing for the termination of the Act. 
BNOW Position
: Support

EMPLOYMENT  

HB439 (SB563) Lilly Ledbetter Fair Pay Act of 2008 
Synopsis:
Authorizing the recovery of back pay for up to 2 years preceding the filing of the complaint, where the unlawful employment practice is similar or related to a specified other unlawful employment practice; clarifying that an unlawful employment practice with respect to discrimination in compensation occurs when a specified decision or practice is adopted, when an individual becomes subject to a specified decision or practice, or when an individual is affected by application of a specified decision or practice; etc. 
BNOW Position
: Support

HB40 Flexible Leave Act
Synopsis:
Authorizing employees of specified employers to use leave with pay for the illness of the employee's immediate family; providing that an employee may only use leave with pay that has been earned; providing that an employee who earns more than one type of leave with pay may elect the type and amount of leave with pay to be used; requiring an employee who uses leave with pay under the Act to comply with the terms of a collective bargaining agreement or employment policy with a certain exception; etc
BNOW Position
: Support

HB1156 Labor and Employment - Pay Disparity Data - Reporting 
Synopsis:
Authorizing the Commissioner of Labor and Industry to collect specified employee data; and authorizing the Commissioner to analyze specified records to study pay disparity issues
BNOW Position
: Support  

SB328 (HB627) Unemployment Insurance - Eligibility - Part-Time Work 
Synopsis:
Authorizing that an individual who is only able to work part-time be deemed eligible for specified benefits under specified circumstances; clarifying that the Secretary of Labor, Licensing, and Regulation may not use the disability of a qualified individual with a disability in finding that an individual is not available for work, actively seeking work, or eligible for benefits under the Act; requiring the Department to adopt specified regulations; etc. 
BNOW Position
: Support

SB344 The Flexible Leave Act
Synopsis:
Authorizing employees of specified employers to use leave with pay for the illness of the employee's immediate family; providing that an employee may only use leave with pay that has been earned; providing that an employee who earns more than one type of leave with pay may elect the type and amount of leave with pay to be used; etc. 
BNOW Position
: Support

FAMILY LAW  

HB500 (SB 516) Family Law - Denial of Paternity, Custody, and Visitation 
Synopsis:
Excluding as a father of a child a man who has committed a specified sexual crime against the child's mother for purposes of specified provisions relating to the paternity of a child in a guardianship or adoption proceeding under specified circumstances; requiring a court to consider a specified statement when making a specified finding; prohibiting a court from requiring publication of specified information under specified circumstances; etc. 
BNOW Position
: Support

HB1147 Family Law - Child Custody Determinations
Synopsis:
Specifying the procedures for court determinations of legal and physical custody of minor children; requiring the court, in any proceeding between parents in which the custody of a child is raised as an issue, to make a determination as to legal and physical custody of the child; authorizing the court to award specified types of legal or physical custody; etc.
BNOW Position
: Support

WOMEN’S HEALTH  

HB701 Health Insurance - Coverage for In Vitro Fertilization - Miscarriage
Synopsis:
Providing that, for purposes of meeting a specified eligibility requirement, the duration of the history of infertility of the patient and the patient's spouse shall be calculated without regard to any pregnancy of the patient that terminates as the result of a miscarriage. 
BNOW Position
: Support

REPRODUCTIVE RIGHTS  

HB541 (SB23) Teenage Protection Pilot Program
Synopsis:
Requiring specified facilities performing abortions to offer specified options to specified patients; requiring specified facilities to provide a specified "Teenage Informational Form"; providing for the information to be included on the form; requiring the form to be maintained in the medical record of the patient for a specified time period; providing for a specified penalty; providing that the Act applies in Anne Arundel County; providing for the termination of the Act; etc. 
BNOW Position
: Oppose

SB427 Due Process-The Right to Life Act
Synopsis:
Establishing that a person's right to due process and equal protection of the laws under the Maryland Constitution vests at conception. 
BNOW Position
: Oppose

SB660 Family Support Act
Synopsis:
Establishing the Family Planning and Reproductive Health Program in the Family Health Admin istration; requiring the Department of Health and Mental Hygiene, in collaboration with the Department of Human Resources and the State Department of Education, to establish a program to increase educational supports for specified adolescent parents; requiring the Family Health Admin istration, in collaboration with the Department of Human Resources, to implement a program to reduce teen pregnancy that focuses on engaging fathers; etc. 
BNOW Position
: Watch

SB690 (HB1146) Limited Service Pregnancy Centers - Disclaimers
Synopsis:
Requiring that limited service pregnancy centers make specified disclaimers to clients and potential clients; requiring that disclaimers be given by specified staff under specified circumstances and in a specified manner; defining a term; etc. 
BNOW Position
: Support

CIVIL RIGHTS

SB169 Maryland 's Marriage Protection Act
Synopsis:
Adding a new section to the Maryland Constitution to establish that only a marriage between a man and a woman is valid in the State; establishing that specified unions or relationships between individuals of the same sex are not valid in the State; and submitting the amendment to the qualified voters of the State of Maryland for their adoption or rejection. 
BNOW Position
: Oppose

SB290 Religious Freedom and Civil Marriage Protection Act 
Synopsis:
Establishing that a marriage between two individuals who are not otherwise prohibited from marrying is valid in the State; prohibiting an official of a religious institution or body authorized to solemnize marriages from being required to solemnize any marriage in violation of the constitutional right to free exercise of religion; etc
BNOW Position
: Support

SB689 (HB848) Family Law - Domestic Partnerships 
Synopsis:
Repealing references to "marriage" in specified provisions of law governing marriage and substituting references to "domestic partnership"; making specified provisions of law that previously applied to marriages apply to domestic partnerships; providing that only a domestic partnership between two individuals not otherwise prohibited from entering into a domestic partnership is valid in this State; etc.
BNOW Position
: Watch

HB570 Family Law--Civil Unions
Synopsis:
Authorizing specified parties to enter into civil unions in the State; establishing that provisions relating to marriages apply to civil unions; establishing that a civil union entered into in another jurisdiction that is valid under the laws of that jurisdiction is valid in the State; establishing that State and local laws that apply to spouses apply to parties who have entered into a civil union; etc. 
BNOW Position
: Support

HB351 Religious Freedom and Civil Marriage Protection Act 
Synopsis:
Repealing a provision specifying that only a marriage between a man and a woman is valid in this State; and establishing that only a marriage between two people not otherwise prohibited from marrying is valid in this State. 
BNOW Position
: Support

HB631 Family Law - Change Term "Marriage" to "Civil Marriage" 
Synopsis:
Changing the term "marriage" to "civil marriage" in specified provisions of law; reenacting a specified current provision of law in order to clarify that the Act does not affect religious marriage ceremonies; and requiring the publisher of the Annotated Code of Maryland, in consultation with the Department of Legislative Services, to change all references in the Code to the term "marriage" to the term "civil marriage". 
BNOW Position
: Watch

HB1345 Maryland 's Marriage Protection Act 
Synopsis:
Adding a new section to the Maryland Constitution to establish that only a marriage between a man and a woman is valid in the State; establishing that specified unions or relationships between individuals of the same sex are not valid in the State; and submitting the amendment to the qualified voters of the State of Maryland for their adoption or rejection.
BNOW Position
: Oppose

HB733 (SB566) Health Care Facility Visitation and Medical Decisions - Domestic Partners 
Synopsis:
Requiring specified health care facilities to allow domestic partners and specified relatives of domestic partners to visit a domestic partner except under specified circumstances; requiring two adults to be treated as domestic partners under specified circumstances related to medical emergencies; providing that a health care agent retains specified authority to make specified decisions notwithstanding specified provisions of law; etc. 
BNOW Position
: Support

HB668 (SB523) Inheritance Tax - Exemptions - Domestic Partners
Synopsis:
Providing an exemption from the inheritance tax for specified property that passes from a decedent to or for the use of a domestic partner of a decedent or to or for the use of a domestic partner of a child of the decedent or a domestic partner of a lineal descendant of a child of the decedent under specified circumstances; and providing an exemption from the inheritance tax under specified circumstances for specified amounts received by a decedent because the decedent was a domestic partner of a Holocaust victim. 
BNOW Position
: Support

HB746 (SB597) Recordation and Transfer Taxes - Exemptions - Domestic Partners 
Synopsis:
Exempting from recordation tax and State and county transfer taxes instruments of writing transferring property between domestic partners and former domestic partners under specified circumstances; requiring the submission of specified evidence to qualify for specified exemptions; etc. 
BNOW Position
: Support

 

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