Maryland Student Legislature

2013 Annual Session

Friday 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 Caucusing Federalist Caucus Tory Caucus Committee Hearings Environmental Matters Health and Government Operations Judiciary Rules and Executive Nominations Ways and Means State House Tour

State House House of Delegates Chamber House of Delegates Chamber

10:15 am-1:15 pm

Lowe or Miller Office Buildings

12:45-1:15 pm

Meets outside House Chamber

Optional for those who have finished committee hearings

1:15-2:30 pm 2:30-3:00 pm Lunch Joint Session of the General Assembly Constitutional Amendments Simple Resolutions Caucusing Federalist Caucus Tory Caucus House and Senate Proceedings Dinner and Hotel Check-in Joint Session of the General Assembly House of Delegates Chamber Nominations of candidates for Council of State Offices Candidate Addresses House and Senate Proceedings Adjournment House and Senate Chambers House of Delegates Chamber

3:00-3:30 pm

House and Senate Chambers

3:30-6:00 pm 6:00-7:30 pm 7:30-9:00 pm

House and Senate Chambers

9:00-10:30 pm 10:30 pm

Saturday 9:00-11:45 am 11:45-12:30 pm

House and Senate Proceedings

House and Senate Chambers

Joint Session of the General Assembly House of Delegates Chamber Governors State of the State Address Chairman of the Boards State of the Corporation Address Keynote Speaker: Delegate Peter Murphy Lunch Group Photos Speaker Former Congresswoman Connie Morella House and Senate Proceedings Joint Session of the General Assembly Election of Council of State Officers Adjournment Annual Tomorrows Leaders Today Gala OCallaghans Hotel Dinner Annual Alumni-Student Debate Announcement of Election Winners; 9:30 pm Lowe or Miller Office Buildings State House Steps House of Delegates Chamber

12:30-2:00 pm 2:00-2:30 pm 2:30-3:15 pm

3:15-6:30 pm 6:30-7:00 pm

House and Senate Chambers House of Delegates Chamber

7:00 pm 8:00 pm-11:00 pm

Sunday 9:00-12:00 pm 12:00 pm-1:00 pm 1:00-2:30 pm 2:30-4:30 pm

House and Senate Proceedings Lunch House and Senate Proceedings

House and Senate Chambers

House and Senate Chambers

Closing Ceremonies House of Delegates Chamber Following Year Event Location Selections Governors Signing Ceremony and Farewell Address Swearing-in of new Council of State Officers New Governors Inaugural Address Announcement of Governor and Lt. Governor Cabinet Appointments o Confirmation of State Political Liaison Announcement of Following Year Delegation Chairpersons Awards Ceremony Senior Goodbyes Adjournment Sine Die

4:30 pm

Name Spencer C. Knoll 23rd Governor of MSL Brooke Parker, Lieutenant Governor Brandon Porter, Attorney General Gary T. McKenna, Secretary of State Nicholas Temple, Speaker of the House Travis Compton, Comptroller Lawrence Baker, VDCP Mattias Falcn Jeff Sherwood Ethan West Ian Briggs Andrew Sauthoff Robert Brooking, DCP Paul Stern, VDCP Yerodin Anthony Jasmine Blakely Rafiel Bowen Caroline Carlson John Costello Michael Cowan Kristen Essel John Ford David Greenblatt Alice Goldberg Tia Holmes Grace Hegarty Andrew Jannett Jocelyn ORourke Max Meizlesh Tony Smith Josh Stonko Mark Spidel Carrington Reeves Ross Marchand Emma McIntosh Nicole Zimmerman, DCP Emily Tanner Laura Duesterhaus Katie Bennett

Delegation Hood UMCP Hood McDaniel Hood McDaniel Washington Washington Washington Washington Washington Washington UMCP UMCP UMCP UMCP UMCP UMCP UMCP UMCP UMCP UMCP UMCP UMCP UMCP UMCP UMCP UMCP UMCP UMCP UMCP UMCP UMCP UMCP UMCP SMCM SMCM SMCM SMCM

Caucus Federalist Federalist Tory Federalist Federalist Federalist Tory Federalist Independent Independent Independent Independent Federalist Federalist Federalist Federalist Federalist Tory Federalist Federalist Independent Federalist Federalist Federalist Federalist Independent Federalist Federalist Tory Tory Tory Independent Federalist Tory Federalist Federalist Federalist Federalist Tory

Committee Chamber N/A Rules N/A Ways N/A Enviro. Ways Ways Ways Rules Ways Rules Judiciary HGO Enviro. Judiciary Judiciary Ways Enviro. Judiciary Enviro. Ways HGO Enviro. Enviro. HGO Judiciary Enviro. Ways HGO HGO HGO Enviro. Rules Ways Rules Enviro. Enviro. HGO N/A Senate N/A House House Senate Senate House House House House Senate House House House House House House House House House Senate Senate Senate Senate Senate House House House House House House House Senate Senate Senate House House House

Christine Flanagan Thomas Kenny Ben Wallace Jonathan Holtzman Alex Huseman, DCP Gaby Roque Christian Joy Oropeo James Duffy Frances Harrison Laura Arias Marc Nance Erick Shepherd Justin Kadoura, DCP Kristen Geatz, VDCP Rachel O'Keefe John Kachursky Tyler Mink James Hammond Katie Bailey Chris Wright Nate Erb Marko Petric Jen Civick Kayla Dunaway Reeaz Bassa Alfreda Nwosu Maria Gaetskaya Kyle Dimock Matthew Geary Blair Starnes Khyle Ball Gunther Zimmer Jack Hendricks Chrissi Arnold Amanda Walloga Rebecca Zaltman Elizabeth Duhring, DCP Kevin Rein, VDCP Brian Jankowski Charlie Gallagher Brian Stran Eileen Joy

SMCM SMCM SMCM SMCM FCC FCC FCC FCC FCC FCC FCC FCC Hood Hood Hood Hood Hood Hood Hood Hood Hood Hood Hood Hood Hood Hood Hood Hood Hood Hood Hood Hood Hood Hood Hood Hood MSM MSM MSM MSM MSM MSM

Federalist Tory Federalist Tory Independent Federalist Independent Federalist Independent Federalist Independent Independent Tory Federalist Federalist Federalist Federalist Federalist Federalist Federalist Federalist Federalist Federalist Federalist Independent Federalist Independent Federalist Tory Federalist Federalist Tory Tory Independent Independent Independent Tory Tory Tory Tory Federalist Federalist

Judiciary Rules Enviro. Rules Ways Judiciary Judiciary Enviro. Judiciary HGO Enviro. Ways Rules HGO Enviro. Judiciary Enviro. HGO Judiciary Judiciary Judiciary Rules Ways Judiciary Rules Rules Ways HGO Judiciary Judiciary Rules Ways Ways Rules Rules Rules Enviro. Rules Ways HGO Judiciary Judiciary

Senate Senate House House Senate House Senate Senate House House House House House House Senate Senate Senate House House House Senate House House Senate House House House House House Senate Senate Senate Senate House House House Senate Senate House House Senate Senate

Maria Sofia Casey Moninghoff Sloane Stathis Frank Baliey Joe Buchheit Jason Mansmann Emily Davis Ryan Spicer, DCP Noah Patton, VDCP Shannon Conway Kenneth Rankins PJ Farinella Kevin Smith Caroline Unger Lindsey Cardona Megan Rogers Mierra Pratt, DCP Ashleigh Hughes Rachel De La Haya Chyna Dias Marie Diop Kelly Coons Lynette Hodge Brianna Tyson Celeste Holmes-Tate Farida Mohammed Total: 107

MSM MSM MSM MSM MSM MSM MSM McDaniel McDaniel McDaniel McDaniel McDaniel McDaniel McDaniel McDaniel McDaniel NDMU NDMU NDMU NDMU NDMU NDMU NDMU NDMU NDMU NDMU McDaniel 11 FCC 8 Hood 27 UMCP 24 NDMU 10 SMCM 8 MSM 13 Washington 6

Tory Tory Tory Tory Tory Tory Independent Federalist Federalist Tory Federalist Federalist Federalist Federalist Federalist Federalist Independent Federalist Federalist Federalist Federalist Independent Independent Independent Federalist Federalist Federalist 60 Tory 25 Independent 22

Enviro. Ways Ways Enviro. HGO HGO Ways HGO Judiciary Judiciary HGO Judiciary Enviro. Enviro. HGO Ways Judiciary Ways Enviro. Enviro. HGO HGO HGO Ways HGO HGO Judiciary 22 Enviro. 22 HGO 22 Ways 22 Rules 16

House House House House House House House Senate Senate House House House House House House House Senate Senate House House House House House Senate House House House 70 Senate 35

Maryland Student Legislature

2013 Annual Session
ENVIRONMENTAL MATTERS HOUSE 251 Chairman: Elizabeth Duhring, MSM Vice Chairman: Tyler Mink, Hood College Bill No. R029 A042 Sponsor Kevin Lair Spencer C. Knoll Time 10:15 10:35 WAYS AND MEANS HOUSE 131 Chairman: Noah Patton, McDaniel College Vice Chairman: Gary McKenna, McDaniel College Bill No. R026 R034 R032 Sponsor Travis Compton Andy Jannett Lawrence Baker Time 10:15 10:35 10:55

JUDICIARY HOUSE 101 Chairman: Matthew Geary, Hood College Vice Chairman: Robert Brooking, UMCP Bill No. A032 R033 R031 A034 A035 A036 A038 A039 A040 Sponsor John Ford P.J. Farinella Noah Patton Noah Patton Noah Patton Chris Wright Nathaniel Erb Nicole Zimmerman Matthew Geary Time 10:15 10:35 10:55 11:15 11:35 11:55 12:15 12:35 12:55

HEALTH & GOVERNMENT OPERATIONS Chairman: Andrew Jannett, UMCP Vice Chairman: Emily Tanner, SMCM Bill No. R028 R030 R035 R036 A031 A033 A037 A041 Sponsor Christian Joy Oropeo Christian Joy Oropeo Travis Compton Kyle R. Dimock Jonathan Kachursky Alice Goldberg Thomas Kenny Kristen Geatz Time 10:15 10:35 10:55 11:15 11:35 11:55 12:15 12:35

RULES & EXECUTIVE NOMINATIONS HOUSE 145 Chairman: Nicole Zimmerman, SMCM Vice Chairman: Kevin Rein, MSM Bill No. SR002 R027 Sponsor Andy Jannett Charles Gallagher Time 10:15 10:35

SR002-1213 10 20 30 40 50 60 70 80 80 90 100 110 120 130 140 150 160 170 180 190 200 210 220 220 230 240 250 260 270 280 290 300 310 AN AMENDMENT TO THE WRITING MANUAL FOR ACTS AND RESOLUTIONS FOR the purpose of creating a unique function for Acts amending the Constitution of Maryland to be specified in the function paragraph of such Acts. BY repealing and re-enacting, with amendments, Section 2 Act Writing Manual II. Parts of an Act A. Title WHEREAS: In the Maryland General Assembly, Acts that amend the Constitution of Maryland have a unique function line; and, WHEREAS: The Maryland Student Legislature currently does not use this unique function line; and, WHEREAS: Using said function line would allow the Maryland Student Legislature to simulate the Maryland General Assembly more realistically, while also making it easier for delegates to differentiate Acts amending the Annotated Code and Acts amending the Constitution. SECTION 1. BE IT ENACTED BY THE MARYLAND STUDENT LEGISLATURE, That the Writing Manual for Acts and Resolutions read as follows: II. Parts of an Act A. Title All titles have three general parts: the short title, the purpose paragraph, and the function paragraph(s). The Short Title The purpose of the short title is to give a general impression of the content of the act. As a rule, no more than six to eight words need to be used, not including the words AN ACT CONCERNING. Short Titles commonly state the general subject of the act first, followed by successively more detailed phrases separated by dashes. EXAMPLES AN ACT CONCERNING

SR002-1213 320 330 340 350 360 370 380 390 400 410 420 430 440 450 460 470 480 490 500 510 520 530 540 550 560 570 580 590 600 610 620 630 640 650 Housing Real Property Closing Costs AN ACT CONCERNING Transient or Temporary Vendors Licensure AN ACT CONCERNING Prince Georges County Board of Education Compensation The Purpose Paragraph The purpose is the part of the act that describes what the act does. The language may be as broad or narrow as is necessary to describe adequately the statutory intent of the legislation. A purpose paragraph consists of descriptive clauses separated by semicolons, utilizing the ing form of a verb, e.g. altering, authorizing, requiring, exempting, etc. It is not necessary to include in the purpose paragraph every change, large and small, proposed in a act. Rather the purpose paragraph should contain a summary by category of the changes proposed. The word certain can be used often in place of exact figures or dates, as in requiring that certain taxes be paid by a certain date. A act proposing a change in dates, amounts, measures, etc. might also read, for the purpose of altering the salary of the Governor. EXAMPLES FOR the purpose of creating the Department of Higher Education; authorizing staff for the Department; establishing functions of the Department; and generally relating to the provision of higher education. FOR the purpose of establishing a Maryland Prepaid Tuition Savings Program; the Maryland Prepaid Tuition Savings Program; specifying membership, duties, and staffing of the Task Force; requiring the Task Force to issue a certain report by a certain date; providing for the effective date of this Act. The Function Paragraph The function paragraph specifies the article and section of the Annotated Code OR OF THE CONSTITUTION OF MARYLAND which the act effects. If the act is drafted to more than one article of the Code, or if the act employs more than one function (even if only one article) to accomplish the objective of the act, multiple function paragraphs are required. Function paragraphs serve as a kind of table of contents of the act, and

SR002-1213 660 670 680 690 700 710 720 730 740 750 760 770 780 790 800 810 820 830 840 850 860 870 880 890 900 910 920 930 940 950 960 970 generally, multiple function paragraphs are listed in the sequence that the changes appear in the body of the act. Note, however, that each function paragraph will contain all sections within a given article that are affected by that function, regardless of where the changes may appear in the act. The function paragraph generally contains: the function line, the article line, the section line, and the volume citation. (A) The Function Line The function line describes the action being applied to the existing code provisions. Note that it is not enough to say that the Act amends, it must be more specifically applied by using one of the terms below: BY repealing, and reenacting, with amendments, BY repealing BY adding to BY repealing, and reenacting, without amendments, BY renumbering AN ACT WHICH MAKES ANY AMENDMENT TO THE CONSTITUTION OF MARYLAND MUST USE THE FOLLOWING FUNCTION LINE: BY PROPOSING AN AMENDMENT TO THE CONSTITUTION OF MARYLAND, (B) The Article Line The revised articles of the Annotated Code (red volumes) do not have an article number, but rather, an article name such as Transportation, Education, or Family Law. EXAMPLE Article - Family Law The unrevised volumes of the Annotated Code (black volumes) are designated by the article number and the full proper name or the article. EXAMPLE Article 27 - Crimes and Punishment (C) The Section Line The word Section is always singular, regardless of the number of sections listed.

SR002-1213

980 990

EXAMPLE Section 12-314(a), 12-315, and 12-406(b) and (d)

1000 Write the name of a subtitle or subheading only if there is to be a new or amended 1010 subtitle or subheading. 1020 EXAMPLE 1030 Section 9-1501 through 9-1505, inclusive, to be under the new subtitle Subtitle 1040 15, Cleaning Agents 1050 (D) The Volume and Supplement Citation 1060 1070 1080 1090 1100 1110 1120 1130 The Annotated Code of Maryland is amended in some form in nearly one thousand ways each year. Thus, it is important to use the most current publication available when drafting an act. Always list the year of both the volume (or replacement volume) and the supplement. The correct year appears on the spine and title page of the volume or replacement volume and on the title page of the supplement. Where there is a volume and a supplement, both must be cited; it is incorrect to refer only to the volume or the supplement. Note, however, that some volumes may not have supplements if the volumes were printed recently.

1140 EXAMPLE 1150 Annotated Code of Maryland (1989 Replacement Volume and 1994 Supplement) 1160 SECTION 2. AND BE IT FURTHER ENACTED BY THE MARYLAND 1170 STUDENT LEGISLATURE, That this change to the Writing Manual for Acts 1180 and Resolutions shall take effect July 1, 2013. SPONSOR Andy Jannett, Federalist Caucus Leader and State Political Liaison University of Maryland, College Park andy.jannett@gmail.com

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 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

R026-1213 10 20 30 40 50 60 70 80 90 100 110 120 130 140 150 160 170 180 190 200 210 A Resolution Concerning Public Transit by Railway In The State Of Maryland WHEREAS: Public transit is the preferred method of transportation to and from most major cities; and WHEREAS: Public transit is sometimes the only viable method of transportation for those who are unable to afford or operate a motor vehicle; and WHEREAS: The lack of public transportation in some areas can affect commerce and job growth by isolating it from other areas except for individual transportation; and WHEREAS: The creation of new railways would allow new infrastructure to be built, creating more jobs for the construction and maintenance of the infrastructure. THEREFORE BE IT RESOLVED: That the Maryland General Assembly enact laws requiring all Maryland counties to have public railway systems that connect to a statewide system; and BE IT FURTHER RESOLVED: That these laws do not place the cost of creating these railways on the individual counties. Mandates: Martin OMalley, Governor of Maryland Maryland General Assembly

Sponsors: Travis Compton, Comptroller Daniel Reinholtz, McDaniel College Delegation Noah Patton, VDCP McDaniel College

R027-1213
10 20 30 40 50 60 70 80 90 100 110 120 130 A RESOLUTION CONCERNING The Outlawing of Bowties at Annual Session WHEREAS: WHEREAS: WHEREAS: WHEREAS: WHEREAS: The bowtie is a symbol of oppression and The Man; and, The average bowtie wearer is a deviant of society; and, Many bowties cost more than neckties; and, Bowties create arrogance in its wearer; and, Bowties are not cool.

THEREFORE BE IT RESOLVED: That the Maryland student Legislature bans bowties from Annual Session and enforces neckties upon all males attending. MANDATES: Michael Berlin, Chairman of the Board for Maryland Student Legislature Brian Griffiths, Vice Chairman of the Board for Maryland Student Legislature Spencer Knoll, Governor of Maryland Student Legislature Brooke Parker, Lt. Governor of Maryland Student Legislature

SPONSOR: Charlie Trevor Gallagher, Mount St. Marys University

R028-1213 10 A RESOLUTION CONCERNING: 20 Automatic Extension of Student Visas for Foreign Students After 30 Obtaining a College Degree from an Accredited College 40 WHEREAS: There is currently a hardship put upon foreign students who have graduated 50 from an accredited college; and, 60 WHEREAS: The current grace period of 60 days after graduation is not sufficient time to 70 look for an employer willing to petition for a visa; and, 80 WHEREAS: The current grace period of 60 days after OPT (Optional Practical Training) is 90 not long enough to look for a sponsor; and, 100 WHEREAS: The current grace period of 60 days after OPT STEM (Optional Practical 110 Training Science, Technology, Engineering, and Math) is too short to look for an employer 120 willing to petition for a visa; and, 130 WHEREAS: It takes a recent college graduate sometime to look for a job; and, 140 WHEREAS: A graduate program appropriate for the skill and competency level of the 150 graduate might not be immediately available; and, 160 WHEREAS: It is a social injustice for the government to uproot the life of a law abiding 170 individual by virtue of his/her birth or citizenship; and, 180 WHEREAS: After living on US soil for a length of time, foreign students would have 190 assimilated into the culture; and, 200 WHEREAS: It is a grievous mistake to not allow an individual to stay on US soil after 210 he/she has invested themselves into the country through monetary and nonmonetary ways; 220 and, 230 WHEREAS: It is an error on the part of the government to allow foreign students to leave 240 after it has invested in them through monetary and nonmonetary means; and, 250 WHEREAS: It is lapse of judgment to allow talent honed through the American academia to 260 go to other countries; and, 270 WHEREAS: The talent pool and knowledge pool of the US should not be diminished 280 because of a persons birthplace or citizenship; and, 290 WHEREAS: Failure to recognize and maintain these said talents on US soil could be

R028-1213 300 economically detrimental to US interests; and, 310 WHEREAS: American Companies need to be given more time to evaluate their candidates; and, 320 WHEREAS: Necessary paperwork for the legal conversion of visa takes time; and, 330 WHEREAS: The United States is a nation of immigrants and their descendants going about 340 trying to fulfill the American Dream; and, 350 WHEREAS: There is an intrinsic value that Foreign American College Degree Graduates 360 bring to the American Melting Pot of Culture. 370 THEREFORE BE IT RESOLVED: That the Maryland Student Legislature urges the federal 380 government to change the law on student visas, in so that, foreign students graduating from 390 American Universities have adequate time and resources to stay and enrich the nation with 400 their knowledge and talents. 410 MANDATES: 420 President Barack Obama 440 Senator Chuck Schumer, Senate Judiciary Subcommittee on Immigration, Refugees and 450 Border Security 460 Senator Dick Durbin, Senate Judiciary Subcommittee on Immigration, Refugees and 470 Border Security 480 Senator Patrick Leahy, Senate Judiciary Subcommittee on Immigration, Refugees and 490 Security 500 Senator Dianne Feinstein, Senate Judiciary Subcommittee on Immigration, Refugees and 510 Border Security 520 Senator Amy Klobuchar, Senate Judiciary Subcommittee on Immigration, Refugees and 530 Border Security 540 Senator Richard Blumenthal, Senate Judiciary Subcommittee on Immigration, Refugees 550 and Border Security 560 Senator Mazie Hirono, Senate Judiciary Subcommittee on Immigration, Refugees and 570 Border Security 580 Senator John Cornyn,Senate Judiciary Subcommittee on Immigration, Refugees and 590 Border Security 600 Senator Chuck Grassley, Senate Judiciary Subcommittee on Immigration, Refugees and 610 Border Security 620 Senator Orrin Hatch, Senate Judiciary Subcommittee on Immigration, Refugees and 630 Border Security 670 Senator Jeff Sessions, Senate Judiciary Subcommittee on Immigration, Refugees and

R028-1213 680 690 700 710 720 730 740 750 760 Border Security Senator Ted Cruz, Senate Judiciary Subcommittee on Immigration, Refugees and Border Security Senator Michael Bennet Senator Lindsey Graham Senator John McCain Senator Jeff Flake Senator Marco Rubio Senator Bob Menendez

SPONSOR: Christian Joy Oropeo, Frederick Community College

R029-1213

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

A Resolution Concerning GREEN MARINA CERTIFICATIONS WHEREAS: Green Marina certifications demonstrate that marina owners will fight for clean and safe bodies of water; and WHEREAS: There are no monetary incentives to pay marina owners to make capital improvements; and WHEREAS: Awards for the program are modest and unenticing to marina owners; and WHEREAS: A marina owner has little incentive to certify once every 3 years as required by the State of Maryland; and WHEREAS: Training for marina owners proves limited and requires improvement. THEREFORE, BE IT RESOLVED: That the Maryland Student Legislature urges the Maryland General Assembly to improve standards, environmental responsibilities, and financial rewards for Green Marina certifications, thereby granting the Washington College Chapter of Enactus with greater power to empower marina owners and make a lasting, positive impact on the environment. MANDATES: Martin OMalley, Governor, Maryland

SPONSORS: Kevin Lair, Delegation Member, Washington College, Chestertown Robert Billings, President Delegation Chairperson, Washington College, Chestertown Dominic DiMarino, President of Enactus, Washington College, Chestertown

R030-1213 10 RESOLUTION CONCERNING: 20 ESTABLISHMENT OF A MARYLAND SPACE PROGRAM 30 WHEREAS: Individuals within the Maryland State have the right to demand that its taxes be 40 reinvested for the continuation of its people; and, 50 WHEREAS: There is a need to establish space based infrastructure for the betterment of 60 Maryland residents; and, 70 WHEREAS: Development within space should be a priority for the human race; and, 80 WHEREAS: There is currently an anarchy in existence in space; and, 90 WHEREAS: There is need for space to be colonized; and, 100 WHEREAS: Upon the colonization of other planets within our solar system, we may 110 establish the United Earth Federation (UEF); and, 120 WHEREAS: Upon the colonization of the solar system, we may establish the United 130 Galaxies (UG); and, 140 WHEREAS: It is precedent that a formal establishment of a central government within 150 humankinds final frontier; and, 160 WHEREAS: The people of Maryland should take the lead in making space travel a reality; 170 and, 180 WHEREAS: Residents of Maryland have the civic obligation to pilot space programs that 190 the federal government has failed in; and, 200 WHEREAS: Maryland residents have a duty to further space science for the sake of its 210 fellow countrymen and women; and, 220 WHEREAS: Maryland should uphold the great American tradition of exploration; and, 230 WHEREAS: Mans curiosity to explore should be let loose upon the enormity that is space; 240 and, 250 WHEREAS: Worlds such as Pandora might really exist; and, 260 WHEREAS: Maryland Residents have the duty to protect such worlds; and,

R030-1213 270 WHEREAS: A monument of power and achievement by the people of Maryland should be 280 built; and, 290 WHEREAS: There is a scientific benefit from space exploration; and, 300 WHEREAS: Innovation can only be spurred by a challenge to the current status quo; and, 310 WHEREAS: Technologies developed through science based programs have yielded social, 320 economic, environmental, educational, political benefits; and, 330 WHEREAS: Discoveries made through a space program could be invaluable; and, 340 WHEREAS: An advanced space program accessible by the general public would discredit 350 the Flat Earth Society once and for all; and, 360 WHEREAS: There is an educational benefit from space exploration; and, 370 WHEREAS: The education in state would benefit from a huge incentive to its people and 380 government for more funding towards STEM (science, technology, engineering, and 390 mathematics); and, 400 WHEREAS: It would encourage more young academics to pursue STEM careers; and, 410 WHEREAS: Vulcan level and style of education would be made possible; and, 420 WHEREAS: Initial beneficiaries of technologies made through a space program would be 430 Maryland residents; and, 440 WHEREAS: There are medical benefits to space exploration; and, 450 WHEREAS: A nanite would become a reality to help solve medical problems; and, 460 WHEREAS: Disabled individuals would have better mobility in space; and, 470 WHEREAS: There are geographic benefits to space exploration; and, 480 WHEREAS: There is a growing issue of overpopulation on the planet Earth; and, 490 WHEREAS: The landmasses of earth have limited area to hold humans and other forms of 500 life; and, 510 WHEREAS: There are economic benefits to space exploration; and,

R030-1213

520 WHEREAS: There is a need to create high-tech industry friendly environments that will 530 allow for advanced research; and, 540 WHEREAS: There is a need for sustainable industries beyond our current terra firma; and, 550 WHEREAS: The wants and needs of intergalactic colonies will give rise to new private 560 sector industries (e.g., interstellar phone companies) and encourage commerce; and, 570 WHEREAS: Earths current resources are being depleted at a rapid rate; and, 580 WHEREAS: There is available untapped resources in space; and, 590 WHEREAS: Real Estate is plentiful in space; and, 600 WHEREAS: There is a need to build affordable housing in space (i.e. an improved Death 610 Star); and, 620 WHEREAS: There are social benefits to space exploration; and, 630 WHEREAS: It could preserve humanity in the event of a natural or manmade disaster that 640 would render the earth uninhabitable for an indefinite period of time; and, 650 WHEREAS: Underground vaults are not enough protection for a disaster; and, 660 WHEREAS: A program such as this could help repopulate the earth once another World 660 War decimates the world; and, 670 WHEREAS: Maryland Residents need to be protected against intergalactic objects from 680 space (i.e. meteors); and, 690 WHEREAS: The Drake equation and similar estimates predict the existence of over nine 700 thousand extraterrestrial civilizations within our galaxy alone; and, 710 WHEREAS: Diplomatic relations between life forms outside earth should be initiated 720 immediately; and, 730 WHEREAS: Any number of these civilizations may be at a further stage in their 740 technological development than Earth; and, 750 WHEREAS: In the event that any of these civilizations should act with hostility, the human 760 race should have some contingency plan; and,

R030-1213

770 WHEREAS: There is a need to enforce Maryland laws and protect its inhabitants from 780 criminals of domestic, foreign, interplanetary and inter-galactic nature; and, 790 WHEREAS: There is a need to prevent potential galactic terrorism; and, 800 WHEREAS: It is essential that the nations of Earth protect the rights of sapient organisms; 810 and, 820 WHEREAS: Protecting said rights demands that we preempt space imperialism, thus 830 preserving and extending the ideals of our society beyond our terra firma and, 840 WHEREAS: We may come into contact with existing extraterrestrial imperialists; and, 850 WHEREAS: We must construct additional pylons; and, 860 WHEREAS: Establishment of a police and/or military presence in space is paramount; and, 870 WHEREAS: Space is a desirable place to send undesirables; and, 880 WHEREAS: Protection of the beloved State of Maryland and its residents with space age 890 weaponry (i.e. Starfighter) is a priority of the highest degree; and, 900 WHEREAS: Knifing is unacceptable in space combat; and, 910 WHEREAS: It will be necessary to begin the first stages of terraforming and para920 terraforming years or decades prior to a planet becoming remotely habitable; and, 930 WHEREAS: Should any wide scale occupation of such a planet be planned within the near 940 future, it is advisable that those stages of development be initiated immediately; and, 950 WHEREAS: Interference from within the Earths own atmosphere may inhibit the 960 transmission or interception of intergalactic radio signals - preventing communication; and, 970 WHEREAS: There are various untapped energy resources in space that could replace 980 petroleum and other dirty fuels; and, 990 WHEREAS: Solar energy is easily harvestable from outside of the Earths atmosphere; and, 1000 WHEREAS: The vastness of space is capable of housing larger facilities than those able to 1010 be constructed on planetary bodies (e.g., particle colliders); and,

R030-1213 1020 WHEREAS: Experiments contrary to public health can be conducted safely in the vastness 1030 of space (i.e. the T virus); and, 1040 WHEREAS: Experiments that will affect the publics soundness of mind can be done out 1050 of view in space (i.e. Ludovico Technique); and, 1060 WHEREAS: Theme parks of extinct animals - namely dinosaurs - can be made possible in 1070 space; and, 1080 WHEREAS: We require more minerals; and, 1090 WHEREAS: Return trips to our planets moon will allow us to acquire the highly 1100 conductive material necessary to open an Einstein-Rosen bridge via portal gun; and, 1110 WHEREAS: Collecting samples will allow us to better understand dark matter and dark 1120 energy; and, 1130 WHEREAS: Upon discovering a species resembling the sarlacc, should this species prove 1140 to be non-sapient, they shall be made available as pets for the delegation; and, 1150 WHEREAS: Should Pokeball technology be made feasible; and, 1160 WHEREAS: Contingent upon the discovery of pokemon like species, pokemon would be 1170 made available to the delegates in any amount they wish to care for; and, 1180 WHEREAS: Any newly discovered non-sentient species of public interest, shall also be 1190 made available to market as pokemon; and, 1200 WHEREAS: The new pet market will aggregate a demand for feed and pet care products to 1210 match; and, 1220 WHEREAS: Upon the discovery of advanced alien civilizations, we will have an 1230 opportunity to assimilate items of cultural or technological intrigue into our own; and, 1240 WHEREAS: The low gravity environment of space will allow for the design of new, 1250 creative sports; and, 1260 WHEREAS: Following the invention of a small ion thruster granted the aesthetics of a 1270 broom, the sport of Quidditch will become feasible; and, 1280 WHEREAS: The integration of these new sports into the Olympics will attract public 1290 interest and generate revenue; and,

R030-1213

1300 WHEREAS: The domestication and husbandry of extraterrestrial species for food and dairy 1310 products will expand the human dietary pallette; and, 1320 WHEREAS: The food products currently available to astronauts are unappealing; and, 1330 WHEREAS: Newly discovered proteins, assorted organic compounds, and genomes will 1340 revolutionize the fields of biology and organic chemistry; and, 1350 WHEREAS: New genetic information will enable research into terrestrial-extraterrestrial 1360 hybridization, with the potential to benefit all species involved; and, 1370 WHEREAS: The civil union between sapient terrestrial and extraterrestrial species will 1380 serve as an example of tolerance; and, 1390 WHEREAS: Should this union beget offspring, those offspring should be granted the same 1400 rights as a native Earthling; and, 1410 THEREFORE BE IT RESOLVED: that the Maryland Student Legislature asks the 1420 Maryland Legislature to rapidly pass legislation that would establish an agency with the 1430 sole purpose of facilitating a space program based in the state for the exploration and 1440 eventual colonization of space for the betterment and glory of its residents. 1450 MANDATES: 1460 Governor Martin Joseph O'Malley 1470 Speaker of the House Michael Erin Busch 1480 President of the Senate Mike Miller SPONSOR: Christian Oropeo, FCC CO-SPONSORS: Erick Shepherd, FCC James Duffy, FCC Marc Nance, FCC

R031-1213 10 20 30 40 50 60 70 80 70 80 90 100 110 120 130 140 150 160 170 180 190 A Resolution Concerning THE DEFINITION OF MARRIAGE WHEREAS: Marriage in the state of Maryland has been defined as being between two human beings regardless of gender. WHEREAS: Rapid increases in robotic technology will soon enable the creation of human-robot hybrids known commonly as cyborgs. WHEREAS: By definition, a cyborg is not human, but only considered partially biological and partially robotic WHEREAS: This type of technology can be seen in rudimentary form currently as robotic eye implants, bionic legs and other so-called upgrades to the human body however the presence these elements do not constitute a cyborg. WHEREAS: In its modern definition, marriage only pertains to human beings, not robots. THEREFORE BE IT RESOLVED: That the Maryland Student Legislature urges the Maryland General Assembly to pass and Governor Martin OMalley to sign legislation banning the issuing of marriage licenses to couples composed of one or more cyborgs. Mandates: Governor, Martin OMalley House Speaker, Michael Busch Senate President, Mike Miller

Sponsor: Noah Patton, Vice Delegation Chair, McDaniel College Delegation

R032-1213

10 20 30 40 50 60 70 80 90 100 110 120 130 140 150 160 170 180 190 200 210 220 230

A Resolution Concerning MARYLANDS TAX INCREASE ON THE SALE OF ALCOHOL WHEREAS: In 2011 Marylands sales tax on alcohol increased from 6% to 9% on all purchased alcohol inside state lines; and, WHEREAS: Maryland distilleries and alcohol sales have plummeted -2.9% comparatively to other states; and, WHEREAS: Federal regulations have hindered Marylands distilleries and breweries in a time of economic stagnation; and, WHEREAS: Regulating the sale and distribution of alcohol inside Maryland consequently effects other industries economically, who profit from the sale of alcohol, by increasing the price of alcohol to the consumer; and, WHEREAS: The increase in sales tax entices consumers to cross state lines to to purchase less expensive alcohol therefore contributing to the economy of states other than Maryland. THERE FORE BE IT RESOLVED: The Maryland Student Legislature urges the Maryland General Assembly and Governor Martin OMalley to reverse the decision of increasing the State sales tax on alcohol from 6% to 9% and revert back to the original sales tax of 6%. Mandates: Martin OMalley, Governor of Maryland Thomas V. Mike Miller, President of the Senate Michael E. Busch, Speaker of the House of Delegates

SPONSOR: Robert M. Billings, Washington College Lawrence Baker, Washington College CO-SPONSOR: Andy Sauthoff, Washington College Mattias Falcn, Washington College Jeff Sherwood, Washington College Ian Briggs, Washington College Ethan West, Washington College

R033-1213 10 20 30 40 50 60 70 80 90 100 110 A RESOLUTION CONCERNING THE SALE OF TOBACCO PRODUCTS WHEREAS: 19.1% of adults in Maryland smoke cigarettes, and; WHEREAS: 12.5% of Marylands youth smoke cigarettes, and; WHEREAS: Nationwide cigarette smoking causes nearly 443,000 deaths each year, and; WHEREAS: Tobacco products and their advertisements are easily seen by the impressionable youth of the state of Maryland every time they enter a supermarket or convenience store with their parents, and; THEREFORE BE IT RESOLVED: The Maryland Student Legislature urges the Maryland General Assembly to pass legislation that would prohibit the sale of any and all tobacco products in stores not strictly designated as tobacco stores.

120 130 140 150 160 170 180

MANDATES: Martin O Malley, Governor of Maryland Senator Joan Carter Conway, Chair, Education, Health and Environmental Affairs Committee Senator Roy P. Dyson, Vice Chair, Education, Health and Environmental Affairs Committee Senator Thomas M. Middleton, Chair, Finance Committee Senator John C. Astle, Vice Chair, Finance Committee

SPONSORS: P.J. Farinella, McDaniel College Kevin Smith, McDaniel College

R034-1213 10 20 30 40 50 60 70 80 90 100 110 120 130 140 150 160 170 180 190 200 210 220 230 240 250 260 270 280 290 300 300 310 320 330 340 A Resolution Concerning UNITED STATES POSTAL SERVICE SATURDAY DELIVERY WHEREAS: Saturday home deliveries are a necessity for many small and rural businesses, for whom private delivery services may be too cost prohibitive; and, WHEREAS: The United States Postal Service (USPS) has announced that it will restrict Saturday letter deliveries to only post office boxes later this year; and, WHEREAS: Usually, appropriations bills passed by Congress explicitly prohibit the USPS from providing delivery service on less than six days per week; and, WHEREAS: No such prohibition currently exists, as Congress has only passed continuing resolutions in order to fund government operations instead of appropriations bills; and, WHEREAS: The USPS is cutting Saturday letter deliveries in order to save $2 billion; and, WHEREAS: In 2012, the USPS experienced a $15.9 billion budget shortfall; and, WHEREAS: The Postal Accountability and Enhancement Act of 2006 requires the USPS to pre-fund 75 years worth of health benefits for its current and future retired employees; and, WHEREAS: This requirement cost the USPS $5.6 billion in 2012 alone; and, WHEREAS: No other agency of the federal government, independent or otherwise, is required to pre-fund such employee benefits. THEREFORE, BE IT RESOLVED: That the Maryland Student Legislature urges the United States Congress to adopt legislation that would reinstate the requirement that the United States Postal Service provide six days of full mail delivery, either through an appropriations bill, a continuing resolution, or another piece of legislation; and, BE IT FURTHER RESOLVED: That the Maryland Student Legislature urges the United States Congress to repeal the provisions of the Postal Accountability and Enhancement Act of 2006 that require the USPS to pre-fund 75 years worth of retired employee health benefits.

R034-1213 350 360 370 380 390 400 410 420 430 440 450 460 470 480 490 MANDATES: Barack Obama, President of the United States John Boehner, Speaker, United States House of Representatives Harry Reid, Majority Leader, United States Senate Nancy Pelosi, Minority Leader, United States House of Representatives Mitch McConnell, Minority Leader, United States Senate Tom Carper, Chair, Senate Committee on Homeland Security and Governmental Affairs Darrell Issa, Chair, House Committee on Oversight and Government Reform Tom Coburn, Ranking Member, Senate Committee on Homeland Security and Governmental Affairs Elijah Cummings, Ranking Member, House Committee on Oversight and Government Reform

SPONSOR: Andy Jannett Federalist Caucus Leader and State Political Liaison University of Maryland, College Park andy.jannett@gmail.com

R035-1213 10 20 30 40 50 60 70 80 90 100 110 120 130 140 150 160 170 180 190 200 210 220 230 A Resolution Concerning: Term Limits For The President Of The United States WHEREAS: The President of The United States is a pivotal and important political office; and WHEREAS: The President of The United States is the leader of the country and in that role serves as a political constant for foreign nations; and WHEREAS: having term limits causes the president to spend their first term pandering and passively campaigning which causes stagnation in policy; and WHEREAS: the 22nd amendment bars any two-term president from serving the role of vice-president in the future thereby retroactively prohibiting them from serving in that position should a candidate for the office wish it; and WHEREAS: The President of The United States is elected by the will of the people and as such should be allowed to serve at the will of the people while not being encumbered by term limits much in the same way congressional representatives are. THERFORE BE IT RESOLVED THAT; the Maryland Student Legislature recommends that the 22nd amendment to the United States Constitution be henceforth repealed. Mandates: President, Barack H. Obama Speaker of the House, John A. Boehner President Pro Tempore of the Senate, Patrick J. Leahy United States Attorney General, Eric H. Holder

Sponsor: Travis Compton, Comptroller, McDaniel College

R036-1213 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 A RESOLUTION concerning The Maryland Public Colleges and Universities Universal Application WHEREAS: Prospective undergraduate university students wishing to attend a public institution of higher education in the State of Maryland must, at present, complete and file a unique application for each such institution; and, WHEREAS: These students, in pursuit of acceptance at such an institution, must submit separate transcripts, separate recommendations, separate forms, and separate application fees to each institution to which they apply; and, WHEREAS: Nine University System of Maryland institutions Bowie State University; Coppin State University; Frostburg State University; Salisbury University; Towson University; University of Baltimore; University of Maryland, Baltimore County; University of Maryland, College Park; and University of Maryland, Eastern Shore currently offer traditional undergraduate studies; and, WHEREAS: Application fees to each of the nine member schools of the University System of Maryland offering traditional undergraduate studies total three hundred and seventy dollars; and, WHEREAS: Both undergraduate institutions through the Common Application and graduate institutions through organizations such as the Law School Admissions Council have demonstrated the financial and operational viability of the universal application model; THEREFORE BE IT RESOLVED: That the Maryland Student Legislature urges the University System of Maryland to form a commission to design a framework for implementing a single, universal application with which a student may be considered for undergraduate admission at all nine University System of Maryland member institutions offering traditional undergraduate studies. MANDATES: William E. Brit Kirwan Chancellor of the University System of Maryland

SPONSOR Kyle R. Dimock Governor s Chief of Staff krd3@hood.edu

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

A021-1213
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 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

A030-1213
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 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

A030-1213
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;

A030-1213
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.

A030-1213
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;

A030-1213
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 3 1108(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.

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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

A031-1213 10 AN ACT CONCERNING 20 Business Operation Ticket Scalping 30 40 50 60 70 FOR the purpose of banning the practice of ticket scalping in the state of Maryland By adding to Article Criminal Law TITLE 8 Fraud and Related Crimes SUBTITLE 9 Miscellaneous Fraud

80 SECTION 1. BE IT ENACTED BY THE MARYLAND STUDENT 90 LEGISLATURE that the Laws of Maryland read as follows: 100 110 120 130 140 150 160 170 180 190 200 210 (a) No person shall sell, resell or exchange any ticket for any event or exhibit at a price higher than the original price on the days preceding or on the day of an event. (b) Any person who violates this section shall be guilty of ticket scalping. Any person convicted a first time ticket scalping is guilty of a second degree misdemeanor. Any person convicted a second or subsequent time of ticket scalping shall be guilty of a First-degree misdemeanor. The Circuit Court shall have jurisdiction over any offense charged under this section. (c) For purposes of this section the word "ticket" shall mean any admittance, receipt, entrance ticket or other evidence of a right to be admitted to an event or exhibit.

220 SECTION 2. AND BE IT FURTHER ENACTED, That this act shall 230 take effect on June 1, 2014. 240 MANDATES: Martin OMalley, Governor of Maryland

SPONSOR: Jonathan Kachursky, Hood College

A032-1213

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

AN ACT CONCERNING Ownership of Domesticated Foxes FOR the purpose of allowing ownership of Russian domestic foxes for Maryland residents. By Repealing and Reenacting with Amendments Article Criminal Law Title 10 Crimes against Public Health, Conduct, and Sensibilities Subtitle 6 Crimes Relating to Animals Section 10-621 Annotated Code of Maryland
SECTION 1. BE IT ENACTED BY THE MARYLAND STUDENT LEGISLATURE,

that the laws of Maryland read as follows: 10-621. Import, offer, or transfer of dangerous animal (a) Scope of section. (1) This section does not apply to: (i) a research facility or federal research facility licensed under the federal Animal Welfare Act; (ii) an exhibitor licensed under the federal Animal Welfare Act that displays the animals specified in subsection (b) of this section in a public setting as the exhibitor's primary function; (iii) a person who possesses a valid license or permit issued by the Department of Natural Resources to import, sell, trade, barter, possess, breed, or exchange an animal specified in subsection (b) of this section; (iv) an animal sanctuary that: 1. is a nonprofit organization qualified under 501(c)(3) of the Internal Revenue Code; 2. operates a place of refuge for abused, neglected, impounded, abandoned, orphaned, or displaced wildlife; 3. does not conduct commercial activity with respect to any animal of which the organization is an owner; and 4. does not buy, sell, trade, lease, or breed any animal except as an integral part of the species survival plan of the American Zoo and Aquarium

A032-1213

330 340 350 360 370 380 390 400 410 420 430 440 450 460 470 460 470 480 490 500 530 540 550 560 570 580 590 600 610 620 630

Association; (v) an animal control officer under the jurisdiction of the State or a local governing authority, a law enforcement officer acting under the authority of this subtitle, or a private contractor of a county or municipal corporation that is responsible for animal control operations; (vi) a person who holds a valid license to practice veterinary medicine in the State and treats the animal specified in subsection (b) of this section in accordance with customary and normal veterinary practices; and (vii) a person who is not a resident of the State and is in the State for 10 days or less for the purpose of traveling between locations outside of the State. (2) (i) This section does not prohibit a person who had lawful possession of an animal specified in subsection (b) of this section on or before May 31, 2006, from continuing to possess that animal if the person provides written notification to the local animal control authority on or before August 1, 2006. (ii) The notification shall include: 1. the person's name, address, and telephone number; 2. the number and type of animals being kept; and 3. a photograph of the animal or a description of a tattoo or microchip identification of the animal. (3) This section does not prohibit a person who has a disability that severely limits mobility from possessing an animal specified in subsection (b) of this section if that animal is: (i) trained to perform tasks for the owner by an organization described in section 501(c) of the Internal Revenue Code; and (ii) dedicated to improving the quality of life of a person who has a disability that severely limits mobility. (b) Prohibited. -- A person may not import into the State, offer for sale, trade, barter, possess, breed, or exchange a live: (1) fox, skunk, raccoon, or bear; (2) caiman, alligator, or crocodile; (3) member of the cat family other than the domestic cat;

A032-1213

640 650 660 670 680 690 700 710 720 730 740 750 760 770

(4) hybrid of a member of the cat family and a domestic cat if the hybrid weighs over 30 pounds; (5) NON-DOMESTICATED member of the dog family other than the domestic dog; (6) hybrid of a member of the dog family and a domestic dog; (7) nonhuman primate, including a lemur, monkey, chimpanzee, gorilla, orangutan, marmoset, loris, or tamarin; or (8) poisonous snake in the family groups of Hydrophidae, Elapidae, Viperidae, or Crotolidae. SECTION 2. AND BE IT FURTHER ENACTED, that this Act shall take effect July 1, 2013. MANDATES: Martin OMalley, Governor of Maryland Anthony G Brown, Lieutenant Governor of Maryland Thomas V. Mike Miller, President of the Maryland Senate Michael E. Busch, Speaker of the Maryland House of Delegates

SPONSOR: John Preston Ford, University of Maryland; College Park

A033-1213 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 AN ACT CONCERNING Construction Standards Increasing Albedo in City Centers FOR the purpose of mitigating the heat island effect in Marylands major cities. BY adding to: ArticleReal Property Section 2-124 Annotated Code of Maryland SECTION 1. BE IT ENACTED BY THE MARYLAND STUDENT LEGISLATURE, that the Laws of Maryland read as follows: ArticleReal Property Title 2. Rules of Construction 2-124. ALBEDO STANDARDS FOR CONSTRUCTION IN URBAN AREAS. (A) DEFINITIONS. (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS INDICATED. (2) LIGHT SURFACE MEANS A SURFACE WITH AN ALBEDO OF MORE THAN .15. (3) COOL SURFACE MEANS A SURFACE WITH AN ALBEDO EXCEEDING .4. (4) URBAN AREA MEANS ANY CITY WITH SYNTHETIC SURFACES ACCOUNTING FOR TWO-THIRDS OR MORE OF THE SURFACE AREA OF THE CITY. (5) URBAN FORESTRY MEANS SPACES OF TREES AND OTHER GREENERY IN URBAN AREAS AT GROUNDLEVEL. (6) GREEN ROOF MEANS A ROOF OF A BUILDING AT LEAST 70% COVERED IN VEGETATION. (7) PAVED AREA MEANS ANY GROUNDLEVEL AREA THAT IS PAVED; REPAVING A PAVED AREA QUALIFIES AS NEW CONSTRUCTION; INCLUDING BUT NOT LIMITED TO; (I) ROADS;

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320 330 340 350 360 370 380 390 400 410 420 430 440 450 460 470 480 490 500 510 520 530 540 550 560 570 580 590 600 610 620

(II) PARKING LOTS; (III) SIDEWALKS; (IV) RECREATIONAL LOTS. (B) RESTRICTED.THE NEW CONSTRUCTION OF ANY PAVED AREA OR BUILDING IN AN URBAN AREA MUST QUALIFY AS A LIGHT SURFACE; SIDES OF ALL NEW BUILDINGS MUST QUALIFY AS LIGHT SURFACES. (C) PENALTY.THE CONTRACTEE OF ANY NEW PAVED AREA OR BUILDING THAT DOES NOT MEET THE STANDARD SET IN (B) WILL PAY A FINE BETWEEN $5,000 PER YEAR AND $50,000 PER YEAR THAT THE SURFACES DO NOT MEET THE STANDARD SET IN (B). (D) INSENTIVISED PRIVATE SECTOR CONSTRUCTION. (1) ANY CONTRACTEE SEEKING TO INCREASE THE ALBEDO OF OLD BUILDINGS IN URBAN AREAS WILL RECEIVE A STATE TAX CREDIT OF; (I) 1-5% OF CONSTRUCTION COSTS FOR LIGHT SURFACING; (II) 25-35% OF CONSTRUCTION COSTS FOR COOL SURFACING; (III) 60-70% OF CONSTRUCTION COSTS FOR GREEN ROOFING; (IV) 80-95% OF CONSTRUCTION COSTS FOR URBAN FORESTRY. (2) ANY NEW CONSTRUCTION WORK EMPLOYING THE FOLLOWING METHODS IN AN URBAN AREA WILL RECEIVE A STATE TAX CREDIT OF; (I) 30-35% OF CONSTRUCTION COSTS FOR COOL SURFACING; (II) 65-70% OF CONSTRUCTION COSTS FOR GREEN ROOFING; (III) 85-95% OF CONSTRUCTION FOR URBAN FORESTRY.

A033-1213 630 640 650 660 670 680 690 700 710 720 730 740 750 760 770 780 790 800 810 820 830 840 850 860 870 880 890 900 910 920 930 940 (3) THE DEPARTMENT OF ASSESSMENTS AND TAXATION WILL HANDLE THE MATTERS OF TAX CREDITS. ANY EXORBITANT SPENDING FOR PROJECTS OUTLINED IN (D) WILL NOT BE ELIGIBLE FOR A TAX CREDIT. THE DEPARTMENT OF ASSESSMENTS AND TAXATION WILL DEFINE AND MAKE PUBLIC THE MEANING OF EXORBITANT SPENDING. (E) INSENTIVISED PUBLIC SECTOR CONSTRUCTION. (1) ANY CONTRACTEE SEEKING TO INCREASE THE ALBEDO OF OLD BUILDINGS IN AN URBAN AREA MAY APPLY FOR A STATE GRANT FOR; (I) UP TO 5% OF CONSTRUCTION COSTS FOR LIGHT SURFACING; (II) UP TO 35% OF CONSTRUCTION COSTS FOR COOL SURFACING; (III) UP TO 75% OF CONSTRUCTION COSTS FOR GREEN ROOFING; (IV) UP TO 85% OF CONSTRUCTION COSTS FOR URBAN FORESTRY. (2) ANY NEW CONSTRUCTION WORK EMPLOYING THE FOLLOWING METHODS IN AN URBAN AREA MAY APPLY FOR A STATE GRANT FOR; (I) UP TO 30% OF CONSTRUCTION COSTS FOR COOL SURFACING; (II) UP TO 70% OF CONSTRUCTION COSTS FOR GREEN ROOFING; (III) UP TO 80% OF CONSTRUCTION FOR URBAN FORESTRY. (3) THE MARYLAND DEPARTMENT OF THE ENVIRONMENT WILL HANDLE THE MATTERS OF GRANT APPROVAL. ANY EXORBITANT SPENDING FOR PROJECTS OUTLINED IN (D) WILL NOT BE ELIGIBLE FOR A STATE GRANT. THE MARYLAND DEPARTMENT OF THE ENVIRONMENT WILL DEFINE AND MAKE PUBLIC THE MEANING OF EXORBITANT SPENDING.

A033-1213 950 960 970 980 990 1000 1010 1020 1030 SECTION 2. AND BE IT FURTHER ENACTED, that this law shall take effect January 1, 2014. MANDATES: Martin OMalley, Governor of Maryland Senator Zirkin Delegate Morhaim Delegate Stein Delegate Cardin Delegate Waldstreicher Delegate Gilchrist

EXPLANATION: In cities there are large expanses of land that are covered in asphalt surfacing. This includes roads and roofing materials that use asphalt. Asphalt reflects about 4% of sunlight. The rest of the sunlight is absorbed into the asphalt as infrared radiation, also known as heat. This heat is released immediately, but the heat is also contained in the asphalt longer than it would be contained in the air. This means that the heat is released during the night as well. In cities, there is an increased amount of greenhouse gasses in the atmosphere, so this heat that is released gets trapped in the city area. Albedo is the reflectiveness of a surface, so an albedo of .15 reflects 15% of sunlight, .3=30% etc. Green roofing the process of planting anything from shrubs, trees, flowers etc. on roofs. It is a great resource for businesses to keep down energy costs while contributing to a clean environment. With more greenery in city centers, there will be a marked decrease in the number of greenhouse gasses trapping heat. Plants also absorb the light and instead of absorbing and releasing heat, they use the energy to grow. Buildings with green roofs save more energy in the summer, and green roofing also includes gardening on the roof, opening up possibilities for cities to import less food, or to donate fresh food to homeless shelters (this is all theoretical use of the potential area and is not a part of this bill). Urban forestry is a long proved method of reducing greenhouse gasses, improving air quality and water quality, and lowering temperature in city areas for a long time. Urban forestry is the planting of any trees in urban areas including park areas and tree linings on streets. Many other states have adopted the use of urban forestry as a way to mitigate the heat island effect. As to the purpose of this bill, it is designed to affect city centers and suburban sprawl areas. The tax credit portion is to guarantee that private organizations get a certain amount of their money back. The reason the urban forestry credit is so high is because there is not much immediate use for a company to plant trees other than landscaping. The benefit is purely for the people and the cost of planting these plants would be considerably lower than green roofing buildings, so the state will be able to pay for this program. If it is clear that the private industry is using the state money for expensive landscaping projects, the company will be investigated by the Maryland Department of Assessments and Taxation. If you pay careful attention to the wording, the public enterprise has no guarantee that they will be reimbursed. This is purposely designed so that the Maryland Department of the Environment can determine how much money to give each

A033-1213 township/municipality/city depending on the need and the ambitiousness of the project. The Maryland Department of Assessments and Taxation would manage the tax credit eligibility for private sector construction.

SPONSOR: Alice Goldberg, University of Maryland, College Park, alicekgold@gmail.com COSPONSOR: Robert Brooking, University of Maryland College Park, DCP, umcpdcp@gmail.com

A034-1213

10 AN ACT CONCERNING 20 Health Care Malpractice- Expression of Regret or Apology - Inadmissibility 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 FOR the purpose of repealing a certain exception to the provision of law that a certain expression of regret or apology made by a health care provider is inadmissible for certain purposes in a certain proceeding or civil action; providing for the application of this Act; and generally relating to the admissibility of an expression of regret or apology in certain health care malpractice proceedings or actions. BY repealing and reenacting, with amendments, Article Courts and Judicial Proceedings Section 10-920 Annotated Code of Maryland SECTION 1. BE IT ENACTED BY THE MARYLAND STUDENT LEGISLATURE, That the Laws of Maryland read as follows: (a) "Health care provider" defined. -- In this section, "health care provider" has the meaning stated in 3-2A-01 of this article. (b) (1) Except as provided in paragraph (2) of this subsection, in IN a proceeding subject to Title 3, Subtitle 2A of this article or a civil action against a health care provider, an expression of regret or apology made by or on behalf of the health care provider, including an expression of regret or apology made in writing, orally, or by conduct, is inadmissible as evidence of an admission of liability or as evidence of an admission against interest. (2) An admission of liability or fault that is part of or in addition to a communication made under paragraph (1) of this subsection is admissible as evidence of an admission of liability or as evidence of an admission against interest in an action described under paragraph (1) of this subsection. SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to apply only prospectively and may not be applied or interpreted to have any effect on or application to any cause of action arising before the effective date of this Act. SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect October 1, 2013.

A034-1213 350 360 370 Mandates: Governor Martin OMalley Senate President Mike Miller House Speaker Michael Busch

Sponsor: Noah Patton, Vice-Delegation Chair, McDaniel College

A035-1213 10 An ACT CONCERNING 20 Vehicle Laws Accidents Resulting in Death or Life-Threatening Injury 30 Mandatory Drug and Alcohol Testing 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 FOR the purpose of requiring a police officer who determines that a detained driver was the cause of a motor vehicle accident that resulted in the death of, or a life-threatening injury to, another person, to require the driver to submit to certain drug and alcohol testing. BY repealing and reenacting, with amendments, Article - Transportation Section 16-205.1 (a)(2), (c), (d)(1), (7)(i), and (8)(i) and (ii) Annotated Code of Maryland Section 1. BE IT ENACTED BY THE MARYLAND STUDENT LEGISLATURE, That the Laws of Maryland read as follows: (a) (2) Any person who drives or attempts drive a motor vehicle on a highway or on any private property that is used by the public in general in this state is deemed to have consented, subject to the provisions of 10-302 through 10-309, inclusive, of the Courts and Judicial Proceedings Article, to take a test if the person should be detained on: (I) ON suspicion of driving or attempting to drive while under the influence of alcohol, while impaired by alcohol, while so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that the person could not drive a vehicle safely, while impaired by a controlled dangerous substance, in violation of an alcohol restriction. Or in violation of 16-813 of this title; OR (II) AFTER HAVING DRIVEN A MOTOR VEHICLE THAT WAS THE CAUSE OF AN ACCIDENT AS DETERMINED BY A POLICE OFFICER THAT RESULTED IN THE DEATH OF, OR A LIFE-THREATENING INJURY TO, ANOTHER PERSON. (c) (1) If a person WHO IS DRIVING A MOTOR VEHICLE is involved in a motor vehicle accident that results in the death of, or a life threatening injury to, another person is detained by a police officer who has reasonable grounds to believe that the person has been driving or attempting to drive while under the influence of alcohol, while impaired by alcohol, while so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that the person could not drive a vehicle safely, while impaired by a controlled dangerous substance, or in violation of 16-813 of this title, the person shall be required to submit as directed by the officer, WHO HAS REASON TO BELIEVE THE INDIVIDUAL IS THE CAUSE OF THE ACCIDENT, THE POLICE OFFICER SHALL REQUIRE THE PERSON TO

A035-1213 400 410 420 430 440 450 460 470 480 490 500 510 520 530 540 550 560 570 580 590 600 610 620 630 640 650 660 670 680 690 700 710 720 730 740 SUBMIT to a test of: (i) The persons breath to determine alcohol concentration AND ONE SPECIMEN OF THE PERSONS BLOOD TO DETERMINE THE DRUG OR CONTROLLED DANGEROUS SUBSTANCE CONTENT OF THE PERSONS BLOOD; OR (ii) One specimen of the persons blood, to determine alcohol concentration or AND to determine the drug or controlled dangerous substance content of the persons blood; or (iii) Both the persons breath under item (i) of this paragraph and one specimen of the persons blood under item (ii) of this paragraph. (2) If a police officer directs that a person be tested, then the provisions of 10-304 of the Courts and Judicial Proceedings Article shall apply. (3) Any medical personnel who perform any test required by this section are not liable for any civil damages as the result of any act or omission related to such a test, not amounting to gross negligence. (d) (1) If a police officer has reasonable grounds to believe that a person has been driving or attempting to drive a motor vehicle while under the influence of alcohol, while impaired by alcohol, while so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that the person could not drive a vehicle safely while impaired by a controlled dangerous substance or in violation of 16-813 of this title, OR HAS DRIVEN A MOTOR VEHICLE THAT WAS THE CAUSE OF AN ACCIDENT AS DETERMINED BY A POLICE OFFICER THAT RESULTED IN THE DEATH OF, OR A LIFE-THREATENING INJURY TO, ANOTHER PERSON, and if the police officer determines that the person is unconscious or otherwise incapable of refusing to take a test, the police officer shall: (i) Obtain prompt medical attention for the person;

(ii) If necessary, arrange for removal of the person to a nearby medical facility; and (iii) If a test would not jeopardize the health or well-being of the person, direct a qualified medical person to withdraw blood for a test. (f) (1) Subject to the provisions of this subsection, at the time of, or within 30 days from the date of, the issuance of an order of suspension, a

A035-1213 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 1000 person may submit a written request for a hearing before an officer of the Administration if: (i) 1. The person is arrested for driving or attempting to drive a motor vehicle while under the influence of alcohol, while impaired by alcohol, while so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that the person could not drive a vehicle safely, while impaired by a controlled dangerous substance, in violation of an alcohol restriction, or in violation of 16-813 of this title; OR 2. THE PERSON IS DETAINED AFTER HAVING DRIVEN A MOTOR VEHICLE THAT WAS THE CAUSE OF AN ACCIDENT AS DETERMINED BY A POLICE OFFICER THAT RESULTED IN THE DEATH OF, OR A LIFE THREATENING INJURY TO, ANOTHER PERSON; and (ii) 1. There is an alcohol concentration of 0.08 or more at the time of testing; or 2. The person refused to take a test.

(7) (i) At a hearing under this section, the person has the rights described in 12-206 of this article, but at the hearing the only issues shall be: 1. Whether the police officer who stops or detains a person had reasonable grounds to believe the: A. THE person was driving or attempting to drive while under the influence of alcohol, while impaired by alcohol, while so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that the person could not drive a vehicle safely, while impaired by a controlled dangerous substance, in violation of an alcohol restriction, or in violation of 16-813 of this title; OR

1010 B. THE PERSON HAD DRIVEN A MOTOR VEHICLE 1020 THAT WAS THE CAUSE OF AN ACCIDENT AS DETERMINED BY A POLICE 1030 OFFICER THAT RESULTED IN THE DEATH OF, OR A LIFE-THREATENING 1040 INJURY TO, ANOTHER PERSON; 1050 1060 1070 1080 1090 2. Whether EXCEPT IN THE CASE OF A PERSON DETAINED UNDER SUBSECTION (C) OF THIS SECTION, WHETHER there was evidence of the use by the person of alcohol, any drug, any combination of drugs, a combination of one or more drugs and alcohol, or a controlled dangerous substance;

A035-1213 1100 3. Whether the police officer requested a test after 1110 the person was fully advised, as required under subsection (b)(2) of this 1120 section, of the administrative sanctions that shall be imposed; 1130 4. Whether the person refused to take the test;

1140 5. Whether the person drove or attempted to drive 1150 a motor vehicle while having alcohol concentration of 0.08 or more at the 1160 time of testing; 1170 6. Whether the person drove or attempted to drive 1180 a motor vehicle while having an alcohol concentration of 0.15 or more at the 1190 time of testing; or 1200 7. If the hearing involves disqualification of a 1210 commercial drivers license, whether the person was operating a commercial 1220 motor vehicle or held a commercial drivers license. 1230 (8) (i) After a hearing, the administration shall suspend the 1240 drivers license or privilege to drive of the person charged under subsection 1250 (b) or (c) of this section if: 1260 1. The police officer who stopped or detained the 1270 person had reasonable grounds to believe the: 1280 1290 1300 1310 1320 1330 A. THE person was driving or attempting to drive while under the influence of alcohol, while impaired by alcohol, while so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that the person could not drive a vehicle safely, while impaired by a controlled dangerous substance, in violation of an alcohol restriction, or in violation of 16-813 of this title; OR

1340 B. THE PERSON HAD DRIVEN A MOTOR VEHICLE 1350 THAT WAS THE CAUSE OF AN ACCIDENT AS DETERMINED BY A POLICE 1360 OFFICER THAT RESULTED IN THE DEATH OF, OR A LIFE-THREATENING 1370 INJURY TO, ANOTHER PERSON; 1380 1390 1400 1410 1420 2. There EXCEPT IN THE CASE OF A PERSON DETAINED UNDER SUBSECTION (C) OF THIS SECTION, THERE was evidence of the use by the person of alcohol, any drug, any combination of drugs, a combination of one or more drugs and alcohol, or a controlled dangerous substance;

1430 3. The police officer requested a test after the 1440 person was fully advised, as required under subsection (b)(2) of this section, 1450 of the administrative sanctions that shall be imposed; and

A035-1213

1460

4.

A.

The person refused to take the test; or

1470 B. A test to determine alcohol concentration was 1480 taken and the test result indicated an alcohol concentration of 0.08 or more 1490 at the time of testing. 1500 (ii) After a hearing, the administration shall disqualify the 1510 person from driving a commercial motor vehicle if: 1520 1. The person was detained while operating 1530 a commercial motor vehicle or while holding a commercial drivers license; 1540 2. The police officer who stopped or 1550 detained the person had reasonable grounds to believe that the: 1560 1570 1580 1590 1600 1610 A. THE person was driving or attempted to drive while under the influence of alcohol, while impaired by alcohol, while so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that the person could not drive a vehicle safety, while impaired by a controlled dangerous substance, in violation of an alcohol restriction, or in violation of 16-813 of this title; OR

1620 B. THE PERSON HAD DRIVEN A MOTOR 1630 VEHICLE THAT WAS THE CAUSE OF AN ACCIDENT AS DETERMINED BY A 1640 POLICE OFFICER THAT RESULTED IN THE DEATH OF, OR A LIFE1650 THREATENING INJURY TO, ANOTHER PERSON; 1660 1670 1680 1690 1700 3. There EXCEPT IN THE CASE OF A PERSON DETAINED UNDER SUBSECTION (C) OF THIS SECTION, THERE was evidence of the use by the person of alcohol, any drug, any combination of drugs, a combination of one or more drugs and alcohol, or a controlled dangerous substance;

1710 4. The police officer requested a test after 1720 the person was fully advised of the administrative sanctions that shall be 1730 imposed; and 1740 5. The person refused to take the test.

1750 Section 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1760 October 1, 2013. 1770 Mandates: Governor Martin OMalley 1780 Senate President Mike Miller 1790 House Speaker Michael Busch

A035-1213

Sponsor:

Noah Patton, Vice-Delegation Chair Person, McDaniel College

A036-1213

10 AN ACT concerning 20 Public Safety Handgun Permits Applicant Qualifications 30 40 50 60 70 80 90 100 110 120 130 140 150 160 170 180 190 200 210 220 230 240 250 260 270 280 290 300 310 320 330 340 350 360 370 380 390 400 410 420 FOR the purpose of altering a certain list of criteria, a finding of which requires the Secretary of State Police to issue a certain handgun permit to a person, to include a finding that the person has demonstrated competence with a handgun by presenting certain evidence; repealing the requirement that the Secretary find that a person has a good and substantial reason to wear, carry, or transport a handgun before issuing a handgun permit to the person; and generally relating to the issuing of permits to wear, carry, or transport a handgun. BY repealing and reenacting, with amendments, Article Public Safety Section 5306 Annotated Code of Maryland (2011 Replacement Volume and 2012 Supplement) SECTION 1. BE IT ENACTED BY THE MARYLAND STUDENT LEGISLATURE, That the laws of Maryland read as follows: Article Public Safety Subsection 5306. (a) Subject to subsection (b) of this section, the Secretary shall issue a permit within a reasonable time to a person who the Secretary finds: (1) is an adult; (2) (i) has not been convicted of a felony or of a misdemeanor for which a sentence of imprisonment for more than 1 year has been imposed; or (ii) if convicted of a crime described in item (i) of this item, has been pardoned or has been granted relief under 18 U.S.C. 925(c); (3) has not been convicted of a crime involving the possession, use, or distribution of a controlled dangerous substance; (4) is not presently an alcoholic, addict, or habitual user of a controlled dangerous substance unless the habitual use of the controlled dangerous substance is under legitimate medical direction; and (5) HAS DEMONSTRATED COMPETENCE WITH A HANDGUN BY PRESENTING EVIDENCE OF: (I) PARTICIPATION IN AN ORGANIZED SHOOTING COMPETITION APPROVED BY THE DEPARTMENT OF STATE POLICE; (II) CURRENT MEMBERSHIP IN OR AN HONORABLE DISCHARGE FROM THE ARMED FORCES OF THE UNITED STATES OR THE NATIONAL GUARD; (III) CURRENT EMPLOYMENT WITH OR RETIREMENT FROM A LOCAL, STATE, OR FEDERAL LAW ENFORCEMENT AGENCY; (IV) COMPLETION OF A HUNTER SAFETY COURSE RECOGNIZED BY ANY STATE; (V) COMPLETION OF A FIREARMS SAFETY TRAINING COURSE

A036-1213

430 440 450 460 470 480 490 500 510 520 530 540 550 560 570 580 590 600 610 620 630 640 650 660 670 680 690 700 710 720 730 740 750 760 770 780 790 800 810

APPROVED BY THE MARYLAND POLICE TRAINING COMMISSION OR A SIMILAR AGENCY OF ANOTHER STATE; (VI) COMPLETION OF A FIREARMS SAFETY TRAINING COURSE APPROVED BY A NATIONALLY RECOGNIZED TRAINING ORGANIZATION; (VII) COMPLETION OF A FIREARMS SAFETY TRAINING COURSE OFFERED BY A LAW ENFORCEMENT AGENCY, HIGHER EDUCATION INSTITUTION, OR PUBLIC OR PRIVATE INSTITUTION THAT USES INSTRUCTORS CERTIFIED BY THE NATIONAL RIFLE ASSOCIATION TO TEACH THE COURSE; (VIII)POSSESSION OF A VALID OUTOFSTATE PERMIT TO CARRY A CONCEALED HANDGUN FOR WHICH THE APPLICANT HAD TO COMPLETE A FIREARMS SAFETY TRAINING COURSE; (IX) CURRENT OR FORMER POSSESSION OF A PERMIT TO CARRY, WEAR, OR TRANSPORT A HANDGUN ISSUED UNDER THIS SUBTITLE, UNLESS THE PERMIT WAS REVOKED UNDER 5310 OF THIS SUBTITLE; OR (X) POSSESSION OF A STATE QUALIFIED HANDGUN INSTRUCTOR CERTIFICATION ISSUED BY THE DEPARTMENT OF STATE POLICE; AND (5) (6) based on an investigation: (i) has not exhibited a propensity for violence or instability that may reasonably render the persons possession of a handgun a danger to the person or to another; and (ii) has good and substantial reason to wear, carry, or transport a handgun, such as a finding that the permit is necessary as a reasonable precaution against apprehended danger. (b) An applicant under the age of 30 years is qualified only if the Secretary finds that the applicant has not been: (1) committed to a detention, training, or correctional institution for juveniles for longer than 1 year after an adjudication of delinquency by a juvenile court; or adult; an adult; or (2) adjudicated delinquent by a juvenile court for: (i) an act that would be a crime of violence if committed by an (ii) an act that would be a felony in this State if committed by (iii) an act that would be a misdemeanor in this State that carries a statutory penalty of more than 2 years if committed by an adult. SECTION 2. AND BE IT FURTHER ENACTED, that this Act shall take effect June 1, 2013.

SPONSORS Chris Wright Hood College

A037-1213

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

AN ACT CONCERNING The Definition of Public Property in the Context of Alcohol Consumption FOR: The purpose of entrusting the governed of the State of Maryland with responsible behavior on public property. BY amending Article 2B Alcoholic Beverages Title 19- Disorderly Intoxication Subtitle 2 Drinking in Certain Places Section 19-201 Annotated Code of Maryland SECTION 1. BE IT ENACTED BY THE MARYLAND STUDENT LEGISLATURE, that laws of Maryland read as follows: Article 2B- Alcoholic Beverages Title 19- Disorderly Intoxication Subtitle 4 Children with Disabilities 19-201. "Public property" defined; application of subtitle (a) "Public property" defined IN THE CONTEXT OF DISORDERLY INTOXICATION. In this subtitle, "public property" includes any building, ground, park, street, highway, alley, sidewalk, station, terminal or other structure, road or parking area located on land owned, leased, or operated by this State, a county, a municipality, Washington Suburban Sanitary Commission, Maryland-National Capital Park and Commission, Montgomery County Revenue Authority, or Washington Metropolitan Area Transit Authority. (b) Subtitle inapplicable in certain counties. -- This subtitle does not apply in Kent County and Queen Anne's County. SECTION 2. BE IT FURTHER ENACTED that this bill shall take effect on 1 June, 2013. MANDATES: Martin OMalley, Governor of Maryland, Doug F. Gansler, Attorney General of Maryland Thomas V. Mike Miller, President of the Maryland Senate Michael E. Busch, Speaker of the Maryland House of Delegate

SPONSOR: Thomas Kenny, St. Marys College of Maryland

A038-1213
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 Requirement of Trial Judges to protect the rights of the accused FOR the purpose of proposing an amendment to the Maryland Election Law Code to disallow Jury Trial Judges the ability to bring fourth defendants from detention, and/or allow defendants to be seen while in physical restraints, in the presence of jurors or prospective jurors. Article Courts and Judicial Proceedings Title 8. Juries and Jurors Subtitle 3. Juries Part IV. Trial Jury 8-423. Responsibilities of Trial Judges Annotated Code of Maryland SECTION 1. BE IT ENACTED BY THE MARYLAND STUDENT LEGISLATURE that the laws of Maryland read as follows: 8-423. Responsibilities of Trial Judges (A) DEFINITIONS. (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS INDICATED. (2) MEDICAL PROFESSIONAL ANY PERSON ADMITTED TO PRACTICE PSYCHIATRIC OR PHYSICAL TREATMENT OF PRISONERS IN THE STATE OF MARYLAND. (B) IN THE CASE OF A CRIMINAL JURY TRIAL IN WHICH THE DEFENDANT IS INCARCERATED, THE TRIAL JUDGE SHALL NOT 180 BRING: (1) BRING FORTH THE DEFENDANT FROM DETENTION IN THE PRESENCE ANY MEMBER OF THE JURY OR PROSPECTIVE JURY. (2) ALLOW TO BE SEEN BY ANY MEMBER OF THE JURY OR PROSPECTIVE JURY WHILE IN HANDCUFFS, CHAINS, OR OTHER RESTRAINING DEVICES APPROVED BY THE MARYLAND STATE DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES, UNLESS: (I) THE DEFENDANT HAS BEEN DEEMED, BY MEDICAL PROFESSIONALS, UNSAFE TO BE UNSTRAINED. (II) THE DEFENDANT HAS BEEN WITNESSED COMMITTING A CRIME OF VIOLENCE BY OFFICERS OF THE MARYLAND STATE DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES DURING THE DEFENDANTS INCARCERATION. SECTION 2. BE IT FURTHER ENACTED, that this act shall take effect 1 June, 2013. MANDATES: Hon. Martin OMalley, Governor of Maryland Hon. Joseph F. Vallario, Jr., Chair of the Maryland House of Delegates Judiciary Committee Hon. Kathleen M. Dumais, Vice Chair of the Maryland House of Delegates Judiciary Committee

A038-1213
380 390 400 Hon. Curtis S. Anderson, Chair of the Maryland House of Delegates Criminal Justice Subcommittee Hon. Luiz R. S. Simmons, Chair of the Maryland House of Delegates Civil Law and Procedural Subcommittee

SPONSOR: Nathaniel L. Erb, Hood College

A039-1213

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

AN ACT CONCERNING Rape and Spousal Offense Spousal Defense FOR the purpose of protecting all rape survivors. BY repealing and reenacting with amendments Criminal Law Title 3 -- Other Crimes Against the Person Subtitle 3 Sexual Crime Section 3-318 Annotated Code of Maryland SECTION 1. BE IT ENACTED BY THE MARYLAND STUDENT LEGISLATURE, that laws of Maryland read as follows: (a) In general. -- Except as provided in subsections (b) and (c) of this section, A person may not be prosecuted under 3-303, 3-304, 3-307, or 13-308 of this subtitle for a crime against a victim who was the person's legal spouse at the time of the alleged rape or sexual offense. (b) Separation or use of force. -- A person may be prosecuted under 170 3-303(a), 3304(a)(1), or 3-307(a)(1) of this subtitle for a crime against the person's legal spouse if: (1) at the time of the alleged crime the person and the person's legal spouse have lived apart, without cohabitation and without interruption: (i) under a written separation agreement executed by the person and the spouse; or (ii) for at least 3 months immediately before the alleged rape or sexual offense; or (2) the person in committing the crime uses force or threat of force and the act is without the consent of the spouse. (c) Limited divorce. -- A person may be prosecuted under 3-303, 3-304, 3-307, or 3-308 of this subtitle for a crime against the person's legal spouse if at the time of the alleged crime the person and the spouse live apart, without cohabitation and without interruption, under a decree of limited divorce. SECTION 2. BE IT FURTHER ENACTED that this bill shall take effect on 1 June, 2013. MANDATES: Martin OMalley, Governor of Maryland Anthony Brown, Lieutenant Governor of Maryland

A039-1213

330 340 350 SPONSOR:

Tammy Brown, Executive Director, Governors Office of Crime Control and Prevention Doug F. Gansler, Attorney General of Maryland

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

A040-1213

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

AN ACT CONCERNING Probation before judgment FOR the purpose of creating a monetary credit By Repealing and Reenacting with Amendments Article Criminal Procedure Title 6- Trial and Sentencing Subtitle 2 Sentencing Part II Annotated Code of Maryland 6-220. Probation before judgment SECTION 1. BE IT ENACTED BY THE MARYLAND STUDENT LEGISLATURE, that the laws of Maryland read as follows: 6-220. Probation before judgment (a) "Custodial confinement" defined. -- In this section, "custodial confinement" means: (1) home detention; (2) a corrections options program established under law which requires the individual to participate in home detention, inpatient treatment, or other similar program involving terms and conditions that constitute the equivalent of confinement; or (3) inpatient drug or alcohol treatment. (b) In general. -(1) When a defendant pleads guilty or nolo contendere or is found guilty of a crime, a court may stay the entering of judgment, defer further proceedings, and place the defendant on probation subject to reasonable conditions if: (i) the court finds that the best interests of the defendant and the public welfare would be served; and (ii) the defendant gives written consent after determination of guilt or acceptance of a nolo contendere plea. (2) Subject to paragraphs (3) and (4) of this subsection, the conditions may include an order that the defendant: (i) pay a fine or monetary penalty to the State or make restitution; or

A040-1213

300 310 320 330 340 350 360 370 380 390 400 410 420 430 440 450 460 470 480 490 500 510 520 530 540 550 560 570 580

(ii) participate in a rehabilitation program, the parks program, or a voluntary hospital program. (3) Before the court orders a fine, monetary penalty, or restitution, the defendant is entitled to notice and a hearing to determine the amount of the fine, monetary penalty, or restitution, what payment will be required, and how payment will be made. (4) Any fine or monetary penalty imposed as a condition of probation shall be within the amount set by law for a violation resulting in conviction. (5) As a condition of probation, the court may order a person to a term of custodial confinement or imprisonment. (c) Participation in treatment and education programs. -(1) When the crime for which the judgment is being stayed is for a violation of 21-902 of the Transportation Article or 2-503, 2-504, 2-505, 2-506, or 3-211 of the Criminal Law Article, the court: (i) before imposing a period of probation, may order the Department of Health and Mental Hygiene to evaluate the defendant in accordance with 8-505 of the Health - General Article; (ii) if an evaluation was ordered under item (i) of this paragraph, shall review the evaluation before imposing a period of probation; and (iii) shall MAY impose a period of probation and, as a condition of the probation: 1. Shall MAY require the defendant to participate in an alcohol or drug treatment or education program approved by the Department of Health and Mental Hygiene, unless the court finds and states on the record that the interests of the defendant and the public do not require the imposition of this condition; and 2. may prohibit the defendant from operating a motor vehicle unless the motor vehicle is equipped with an ignition interlock system under 27-107 of the Transportation Article. (2) When the crime for which the judgment is being stayed is for a violation of any provision of Title 5 of the Criminal Law Article, the court shall MAY impose a period of probation and, as a condition of probation, require the defendant to participate in SCREENING FOR a drug treatment or education program approved by the Department of

A040-1213

590 600 610 620 630 640 650 660 670 680 690 700 710 720 730 740 750 760 770 780 790 800 810 820 830 840 850 860

Health and Mental Hygiene, AND TO PARTICIPATE IN THE PROGRAMS SUGGESTED BY THE PARTY RESPONSIBLE FOR SCREENING unless the court finds and states on the record that the interests of the defendant and the public do not require the imposition of this condition. (d) Conditions under which probation before judgment prohibited. -- Notwithstanding subsections (b) and (c) of this section, a court may not stay the entering of judgment and place a defendant on probation for: (1) a violation of 21-902 of the Transportation Article or 2-503, 2-504, 2-505, 2506, or 3-211 of the Criminal Law Article, if within the preceding 10 years the defendant has been convicted under 21-902 of the Transportation Article or 2-503, 2-504, 2505, 2-506, or 3-211 of the Criminal Law Article, or has been placed on probation in accordance with this section, after being charged with a violation of 21-902 of the Transportation Article or 2-503, 2-504, 2-505, 2-506, or 3-211 of the Criminal Law Article; (2) a second or subsequent controlled dangerous substance crime under Title 5 of the Criminal Law Article, except that the court may stay the entering of judgment and place a defendant on probation for possession of a controlled dangerous substance under 5-601 of the Criminal Law Article if: (i) the defendant has been convicted once previously of or received probation before judgment once previously for possession of a controlled dangerous substance under 5-601 of the Criminal Law Article; (ii) the court requires the defendant to graduate from drug court or successfully complete a substance abuse treatment program as a condition of probation; and (iii) the defendant graduates from drug court or successfully completes a substance abuse treatment program as required; (3) a violation of any of the provisions of 3-303 through 3-307, 3-309 through 3-312, 3-315, or 3-602 of the Criminal Law Article for a crime involving a person under the age of 16 years; or

870 (4) a moving violation, as defined in 11-136.1 of the Transportation Article, if: 880 (i) the defendant holds a provisional license under 16-111 of the Transportation Article;

A040-1213

890 900 910 920 930 940 950 960 970 980 990 1000 1010 1020 1030

and (ii) the defendant has previously been placed on probation under this section for the commission of a moving violation while the defendant held a provisional license. (e) Waiver of right to appeal. -(1) By consenting to and receiving a stay of entering of the judgment as provided by subsections (b) and (c) of this section, the defendant waives the right to appeal at any time from the judgment of guilt. (2) Before granting a stay, the court shall notify the defendant of the consequences of consenting to and receiving a stay of entry of judgment under paragraph (1) of this subsection. (f) Effect of violation of probation. -- On violation of a condition of probation, the court may enter judgment and proceed as if the defendant had not been placed on probation. (g) Effect of fulfillment of conditions of probation. -(1) On fulfillment of the conditions of probation, the court shall discharge the defendant from probation.

1040 (2) The discharge is a final disposition of the matter. 1050 1060 1070 1080 1090 1100 1110 1120 1130 1140 1150 1160 1170 (3) Discharge of a defendant under this section shall be without judgment of conviction and is not a conviction for the purpose of any disqualification or disability imposed by law because of conviction of a crime. (h) Local provisions. -- Repealed by Acts 2003, ch. 21, 1, effective October 1, 2003. (i) Custodial credit. -- If an individual violates the terms of probation, any time served by the individual in custodial confinement shall be credited against any sentence of incarceration imposed by the court. (j) MONETARY CREDIT. IF AN INDIVIDUAL VIOLATES THE TERMS OF PROBATION, ANY MONETARY LOSS AS A RESULT OF PROBATION SHALL BE CREDITED AGAINST ANY FINE IMPOSED BY THE COURT. SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 1, 2013. MANDATES: Martin OMalley, Governor of Maryland

A040-1213

1180 1190

Anthony G Brown, Lieutenant Governor of Maryland Thomas V. Mike Miller, President of the Maryland Senate

SPONSOR: Matt Geary, Chairman of the Judiciary Committee, Hood College

A041-1213

10 AN ACT CONCERNING 20 Education- Including Homeschooled Students in Public School Sports Programs 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 FOR the purpose of enriching the experience of homeschooled students by allowing participation in public school sports so as they can improve their health and social skills. By Adding to Article State Government Title 15 Public Ethics Subtitle 6 Financial Disclosure Section 15-606 Annotated Code of Maryland SECTION 1. BE IT ENACTED BY THE MARYLAND STUDENT LEGISLATURE that the laws of Maryland read as follows: (A) NO PUBLIC SCHOOL SHALL BECOME A MEMBER OF ANY ORGANIZATION OR ENTITY WHOSE PURPOSE IS TO REGULATE OR GOVERN INTERSCHOLASTIC PROGRAMS THAT DOES NOT DEEM ELIGIBLE FOR PARTICIPATION A STUDENT WHO IS RECEIVING HOME INTRUCTION. A STUDENT UNDER HOME INSTRUCTION MAY PARTICIPATE SO LONG AS THEY: (1) HAVE DEMONSTRATED EVIDENCE OF ACADEMIC PROGRESS FOR AT LEAST TWO CONSECUTIVE ACADEMIC YEARS IMMEDIATELY PROCEEDING THE ACADEMIC YEAR DURING WHICH THE STUDENT SEEKS TO PARTICIPATE (2) ARE IN COMPLIANCE WITH THE IMMUNIZATION REQUIREMENTS THAT APPLY TO ALL PUBLICALLY EDUCATED INDIVIDUALS (3) ARE ENTITLED FREE TUITION IN A PUBLIC SCHOOL (4) HAVE NOT REACHED THE AGE OF 19 BY AUGUST 1 OF THE CURRENT ACADEMIC YEAR (5) ARE AN AMATEUR WHO RECEIVES NO COMPENSATION BUT PARTICAPTES SOLELY FOR THE EDUCATIONAL, PHYSICAL, MENTAL, AND SOCIAL BENEFITS OF THE ACTIVITY (6) COMPLIES WITH ALL DISCIPLINARY RULES AND IS SUBJECT TO ALL CODES OF CONDUCT APPLICABLE TO ALL PUBLIC HIGH SCHOOL ATHLETES (7) COMPLIES WITH ALL OTHER RULES GOVERNING AWARDS, ALL-STAR GAMES, MAXIMUM CONSECUTIVE SEMESTERS OF HIGH SCHOOL

A041-1213

350 360 370 380 390 400 410 420 430 440 450 460 470 480 490 500 510 520

ENROLLMENT, PARENTAL CONSENTS, PHYSICAL EXAMINATIONS, AND TRANSFERS APPLICABLE TO ALL HIGH SCHOOL ATHLETES. (A) ELIGIBILITY OF A STUDENT RECEIVING HOME SCHOOLING SHALL BE LIMITED TO PARTICIPATION IN INTERSCHOLASTIC PROGRAMS AT THE SCHOOL SERVING THE ATTENDANCE ZONE IN WHICH THE STUDENTS LIVES AND SHALL BE SUBJECT TO ALL POLICIES GOVERNING SUCH PARTICIPATION THAT THE LOCAL SCHOOL MAY ESTABLISH. RESONABLE FEES MAY BE CHARGED TO STUDENTS RECEIVING HOME INSTRUCTION TO COVER THE COSTS OF PARTICIPATION IN SUCH INTERSCHOLASTIC PROGRAMS, INCLUDING THE COSTS OF ADDITIONAL INSURANCE, UNIFORMS, OR EQUIPMENT. SECTION 2. AND BE IT FURTHER ENACTED, That this act shall take effect August 1, 2014. 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 Senator Joan Carter Conway, Education, Health, and Environmental Affairs Committee Chair

SPONSOR: Kristen Geatz, Vice-Delegation Chairperson, Hood College

A042-1213 10 20 30 40 50 60 70 80 90 100 120 110 120 130 140 150 160 170 180 190 200 210 220 230 240 250 260 270 280 290 300 310 320 AN ACT concerning The Brownfields Redevelopment Act of 2013 FOR the purpose of providing no-interest loans to participants in a certain program; redefining conditions under which ownership of the contents of a certain report transfers from a certain individual to the State; eliminating repayment of certain grants under certain conditions; redefining conditions under which a site may receive a certain designation; eliminating certain fees; modifying potential tort liability for certain individuals under certain circumstances; modifying property tax rates for certain individuals in certain taxing jurisdictions; eliminating required contributions to a certain State fund by certain taxing jurisdictions; and eliminating limits on tax incentives provided by certain taxing jurisdictions to certain individuals. BY repealing, and reenacting, with amendments Article Economic Development Sections 5-335, 5-337 and 5-338(a)(1) Annotated Code of Maryland (2012 Replacement Volume and 2013 Supplement) BY repealing, and reenacting, with amendments Article Environment Sections 7-506.(a) and (c), and 7-516. Annotated Code of Maryland (2012 Replacement Volume and 2013 Supplement) BY repealing Article Environment Section 7-506.1 Annotated Code of Maryland (2012 Replacement Volume and 2013 Supplement) BY repealing, and reenacting, with amendments Article Tax Property Section 9-229. Annotated Code of Maryland (2012 Replacement Volume and 2013 Supplement) SECTION 1. BE IT ENACTED BY THE MARYLAND STUDENT LEGISLATURE, That the Laws of Maryland read as follows: Article Economic Development

330

340

5-335.

350

(a) In general. -- There is a Brownfields Revitalization Incentive Program in the Department.

A042-1213 360 370 380 (b) Program of financial incentives. -- The Department shall develop a program of financial assistance, including lowNO-interest loans and grants, to assist persons who participate in the Brownfields Revitalization Incentive Program.

390

5-337.

400 410 420 430 440 450 460 470 480 490 500 510 520 530 540 550 560 570 580 590 600 610 620 630

(a) In general. -- Notwithstanding any other provision of law, the Department may provide to a person, including a responsible person, a lowNO-interest loan or grant to conduct the environmental site assessment of a potential brownfields site that is required to participate in the Voluntary Cleanup Program under Title 7, Subtitle 5 of the Environment Article, if the person: (1) has not already applied to participate in the Program; (2) is otherwise eligible to participate in the Program; and (3) meets the eligibility requirements that the Department sets. (b) Owner of information in environmental site assessment. -- The information contained in an environmental site assessment is: (1) the property of the State, if the assessment is financed wholly or partly by: (i) a grant from the Department; or (ii) a loan that is in payment default; or (2) the property of the person who contracted for the assessment, if the assessment is financed by: (i) a loan OR GRANT from the Department; or (ii) a grant that is repaid. (c) Effect of eligibility for financial assistance. -- Eligibility for a loan or grant for an environmental site assessment under this section does not constitute eligibility for: (1) any other financial assistance under this subtitle; or (2) the tax credits provided under 9-229 of the Tax - Property Article. (d) Grant recipient to repay grant. -- The recipient of a grant under this section shall repay the grant if, within 12 months after receiving the grant, the recipient does not receive approval from the Department of the Environment to: (1) participate in the Voluntary Cleanup Program; or

A042-1213 640 650 660 670 680 690 700 710 720 (2) implement a corrective action plan under Title 4 of the Environment Article. (eD) Conversion of lowNO-interest loan to market rateLOW-INTEREST loan. -- A lowNOinterest loan provided under this section shall convert to a market rateLOW-INTEREST loan if, within 12 months after receiving the loan, the recipient does not receive approval from the Department of the Environment to: (1) participate in the Voluntary Cleanup Program; or (2) implement a corrective action plan under Title 4 of the Environment Article. (fE) Procedures and eligibility requirements. -- The Department may establish procedures and eligibility requirements for the approval of requests for loans and grants under this section.

730

5-338.

740 750 760 770 780 790

(a) Determination of eligibility. -- The Department shall determine whether a brownfields site is a qualified brownfields site based on whether the property: (1) is located in a densely populated AREA AS DEFINED BY THE DECENNIAL CENSUS urban center and is substantially underutilized; or (2) is an existing or former industrial or commercial site that poses a threat to public health or the environment. Article Environment

800

810

7-506.

820 830 840 850 860 870 880 890 900 910

(a) Application contents; application fee. -- To participate in the Program, an applicant shall: (1) Submit an application, on a form provided by the Department, that includes: (i) Information demonstrating to the satisfaction of the Department that the contamination did not result from the applicant knowingly or willfully violating any law or regulation concerning controlled hazardous substances; (ii) Information demonstrating the person's status as a responsible person or an inculpable person; (iii) Information demonstrating that the property is an eligible property as defined in 7-501 of this subtitle; (iv) A detailed report with all available relevant information on environmental

A042-1213 920 930 940 950 960 970 980 990 1000 1010 1020 1030 1040 1050 1060 1070 1080 1090 1100 1200 1210 1220 1230 conditions including contamination at the eligible property known to the applicant at the time of the application; (v) An environmental site assessment that includes: 1. Established Phase I site assessment standards and follows principles established by the American Society for Testing and Materials and that demonstrates to the satisfaction of the Department that the assessment has been conducted in accordance with those standards and principles; and 2. A Phase II site assessment unless the Department concludes, after review of the Phase I site assessment, that there is sufficient information to determine that there are no recognized environmental conditions, as defined by the American Society for Testing and Materials; and (vi) A description, in summary form, of a proposed voluntary cleanup project that includes the proposed cleanup criteria under 7-508 of this subtitle and the proposed future use of the property, if appropriate; and (2) Pay to the Department: (i) An initial application fee of $ 6,000 which the Department may reduce on a demonstration of financial hardship in accordance with subsection (b) of this section; (ii) An application fee of $ 2,000 for each application submitted subsequent to the initial application for the same property; and (iii) An application fee of $ 2,000 for each application submitted subsequent to the initial application for contiguous or adjacent properties that are part of the same planned unit development or a similar development plan.

1240 (b) Regulations. -- The Department shall adopt regulations to establish criteria for determining 1250 whether an applicant has demonstrated financial hardship. 1260 (c) Delayed application. -1270 2280 2290 2300 2310 (1) The applicant may delay submitting the Phase II site assessment until after the application and applicable fees areIS submitted. (2) If an applicant delays filing a Phase II site assessment, all related deadlines for public notice and action by the Department shall be extended and conform with the date the Phase II site assessment is submitted and the application is complete.

2320 7-506.1.

2330 (a) No further requirements determination conditioned on certain uses or conditions. -- If a

A042-1213 2340 determination by the Department that it has no further requirements is conditioned on certain 2350 uses of the property or on the maintenance of certain conditions, the participant shall pay to the 2360 Department a fee of $ 2,000. 2370 (b) Completion conditioned on permissible use. -- If a certificate of completion is conditioned 3380 on the permissible use of the property, the participant shall pay to the Department a fee of $ 3390 2,000. 3400 3410 3420 3430 (c) Alteration of record of determination. -- On a request by a participant to alter a record of determination in the land records for an eligible property with conditions in accordance with 7-506(i) or 7-514(d) of this subtitle, the participant shall pay to the Department a fee of $ 2,000.

3440 7-516.

3450 (a) Planning or zoning authority. -- This subtitle does not affect, and may not be construed as 3460 affecting, the planning or zoning authority of a county or municipal corporation. 3470 3480 3490 3500 3510 3520 3530 3540 3550 3560 (b) Tort actions against participant. -- THIS SUBTITLE MAY BE CONSTRUED TO AFFECT AND PARTICIPATION IN THE PROGRAM ENUMERATED HEREIN TO SERVE AS A MITIGATING FACTOR IN ANY TORT ACTION AGAINST ANY PARTICIPANT, PROVIDED THAT THE THE APPLICATION PHASE HAS BEEN COMPLETED, THAT GROUND HAS BEEN BROKEN AT THE SITE FOR THE PURPOSE OF REDEVELOPMENT IN ACCORDANCE WITH THE VOLUNTARY CLEANUP PROGRAM, AND THAT THE TORT ACTION CONCERNS A CLAIM OF A TORT WHICH TOOK PLACE AT OR IS SUBSTANTIALLY RELATED TO THE REDEVELOPMENT SITE.This subtitle does not affect, and may not be construed as affecting, any tort action against any participant. Article Tax Property

3580 9-229.

3590 (a) In general. -3600 3610 3620 3630 3640 3650 3660 (1) In this section the following words have the meanings indicated. (2) "Property tax attributable to an increase in an assessment" means the additional property tax required to be paid as a result of the increase in the assessment, calculated before the application of the credit under this section but after the application of any other credit allowed under this title. (3) "Qualified brownfields site" has the meaning stated in 5-301 of the Economic Development Article.

A042-1213 3670 3680 3690 (4) "Taxing jurisdiction" means: (i) a county or Baltimore City; or (ii) a municipal corporation.

3700 (b) Election to participate in Revitalization Incentive Program. -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 (1) (i) A taxing jurisdiction may elect to participate in the Brownfields Revitalization Incentive Program under Title 5, Subtitle 3 of the Economic Development Article through the enactment of legislation that grants property tax credits in accordance with the requirements of this section. (ii) If a taxing jurisdiction elects to participate in the Program in accordance with this section, the taxing jurisdiction shall notify the Department of Business and Economic Development. (2) If a taxing jurisdiction elects to participate in the Brownfields Revitalization Incentive Program in accordance with this section, the property tax credits under this section shall also apply to the State property tax in that jurisdiction in the same percentage and for the same duration as provided for the property tax of the taxing jurisdiction. (c) Tax credit; contribution to Fund. -- For each of the 510 taxable years immediately following the first revaluation of the property after completion of a voluntary cleanup or corrective action plan of a brownfields site, each participating taxing jurisdiction where a qualified brownfields site is located shall: (1) grant a property tax credit against the property tax imposed on the qualified brownfields site in an amount equal to 50100% of the property tax attributable to the increase in the assessment of the qualified brownfields site, including improvements added to the site within the 510-year period as provided under this subsection, over the assessment of the qualified brownfields site before the voluntary cleanup; and (2) contribute to the Maryland Economic Development Assistance Fund under 5313(8) of the Economic Development Article, 30% of the property tax attributable to the increase in the assessment of the brownfields site, including improvements added to the site within the 5-year period as provided under this subsection, over the assessment of the qualified brownfields site before the voluntary cleanup.

3970 (d) Additional tax credit based on assessment increase. -3980 3990 4000 4010 4020 (1) A taxing jurisdiction may grant a property tax credit against the property tax imposed on a qualified brownfields site in addition to the credit granted under subsection (c) of this section. (2) Subject to the limitation in paragraph (3) of this subsection, a taxing jurisdiction may:

A042-1213 4030 4040 4050 4060 4070 4080 4090 4100 (i) vary the percentage of the additional property tax credit granted under this subsection; and (ii) establish additional eligibility criteria for any additional property tax credit granted. (3) The total additional property tax credit granted under this subsection may not exceed an additional 20% of the remaining property tax attributable to the increase in the assessment of the qualified brownfields site including improvements added to the site over the assessment of the qualified brownfields site before the voluntary cleanup.

4110 (e) Calculation of credit. -4120 4130 4140 4150 4160 4170 (1) A credit under this section may not be calculated on an increase in assessment due to the termination of a use value under 8-209 through 8-217 or 8-220 through 8-225 of this article. (2) If the qualified brownfields site on which the voluntary cleanup is completed had a use value immediately before the cleanup, the credit shall be calculated on an assessment as if the parcel had been valued at 50% OF market value.

4180 (f) Extension of credit in designated enterprise zone. -- In a designated enterprise zone, a taxing 4190 jurisdiction may extend the tax credit authorized under this section up to an additional 510 4200 years. 4210 4220 4230 4240 (g) Share of contribution to be designated for financial incentives. -- A taxing jurisdiction's contribution for each qualified brownfields site to the Maryland Economic Development Assistance Fund under subsection (c)(2) of this section shall be used only for brownfields sites in the taxing jurisdictions that have enacted a brownfields property tax credit ordinance.

4250 (hG) Termination of credit. -- A taxing jurisdiction shall terminate any property tax credit under 4260 this section if: 4270 4280 4290 4300 (1) a person receiving a credit under this section withdraws from the Voluntary Cleanup Program under 7-512(a) or (b) of the Environment Article; or (2) the Department of the Environment withdraws approval of a response action plan, or a certificate of completion under 7-512(e) and (f) of the Environment Article.

4310 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect October 4320 1, 2013. 4330 MANDATES: Martin O'Malley, Governor of Maryland 4340 John R. Griffin, Secretary of the Department of Natural Resources 4350 Dominick E. Murray, Secretary of Business & Economic Development SPONSOR: Spencer C. Knoll, 23rd Governor of MSL, Hood College

A042-1213 COSPONSORS: James I. Hammond, Hood College