Juvenile justice survives General Assembly’s crossover day, ‘fair share’ tax bill doesn’t [Baltimore Sun]

Of the 2,700 pieces of legislation under consideration in this year’s session of the Maryland General Assembly, the vast majority of what will ultimately pass — and what will be killed — is, for the most part, already settled.

Monday marked the annual “crossover day” deadline at the State House, when bills must pass their original chamber to have a guarantee that they’ll be considered in the other during the final three weeks of the 90-day session.

Bills can still reach Democratic Gov. Wes Moore’s desk even if they’ve come up short so far — or haven’t been introduced in either chamber yet.

But the deadline often shines a spotlight on legislators’ priorities. It can also highlight their differences, where Democratic leaders in the House and Senate will need to negotiate in the coming weeks.

Here’s where some major legislation stands after this year’s crossover day — as winners on track to pass (bills that are moving forward), hang-ups with uncertain futures (one chamber advancing but another holding it up), and losers not on track to pass (ideas that are coming up short).

Winners on track to pass

Juvenile justice (Senate Bill 744 and House Bill 814): In response to constituent complaints about a spike in certain juvenile crimes, General Assembly leadership introduced multi-pronged juvenile justice legislation that, among other measures, would expand the list of crimes 10- to 12-year-olds can be charged with to include third-degree sex offenses, car theft and firearm possession. It would also permit juvenile court judges to extend probationary periods if children miss their court-mandated diversion or rehabilitation programs. The bills, which are largely similar but have evolved to have unique provisions, passed almost unanimously out of both chambers. Two senators and six delegates — all Democrats — voted in opposition.

School policy (Senate Bill 1145 and House Bill 1493): Closing a loophole in current law, this legislation would prohibit children on the juvenile sex offender registry from attending public or private schools with other students. Local school boards would be tasked with providing alternative schooling options for those children to continue their education. The bill passed unanimously in the Senate. The House has yet to take up the measure, which started as an amendment to its version of the larger juvenile justice bill, on the chamber floor.

Immigrant health care (Senate Bill 705 and House Bill 728): In spite of it faltering in the Senate last year, both chambers passed the Access to Care Act, which would allow immigrants lacking permanent legal status in Maryland to purchase health insurance through the Maryland Health Benefit Exchange and receive help from the portal’s insurance navigators. People who utilize this program would pay full price for their insurance plans. The House passed the bill in February, while the Senate approved it earlier this month. Both versions passed along party lines.

Pay equality (Senate Bill 525 and House Bill 649): In an attempt to level the playing field among men and women in the workplace, this legislation would require employers to publicly list benefits packages and salary minimums and maximums when posting notice for a job opening to applicants for public or internal positions. The bill passed both chambers after March 6, or Equal Pay Day, which symbolizes how many more days a woman has to work into the next year to make the same annual salary as a man.

School book bans (Senate Bill 738 and House Bill 785): Maryland would be one of the few states to counter attempts to remove books from school and public library shelves with this bill. If passed, library material could not be removed because of the author’s background, origin or views, or for partisan, ideological or religious reasons. Books could still be challenged and removed if they are found to have sexually explicit content, as Carroll County officials have done while removing nine books from schools since last summer. The bill passed the Senate along party lines Thursday and in the House on Friday.

Facial recognition (Senate Bill 182 and House Bill 338): Police use of facial recognition technology would be limited to investigations of violent crimes and other serious offenses under a compromise bill favored by both law enforcement and public defenders. Disclosure of when the technology is used would also be necessary during trial, one of several transparency measures built into the law. The bill passed both the Senate and House unanimously in the last week.

Tolling expansion (Senate Bill 1093 and House Bill 1070) and electric vehicle fees (Senate Bill 1065): This pair of ideas is the most likely way House and Senate leaders will agree this year on how to start resolving a $3.3 billion, six-year transportation funding shortfall. The tolling hike is intended for just out-of-state drivers and would be the first increase to Maryland tolls in a decade. An annual surcharge fee for drivers of electric vehicles — in the range of $125 to $150 — is aimed at replacing gas taxes that those drivers would otherwise pay. The Senate passed the electric vehicle bill with bipartisan support Friday and the House amended it into budget-related legislation. The tolling bill passed the House mostly along party lines Monday.

Cannabis zoning (Senate Bill 537 and House Bill 805): Spurred by efforts in Prince George’s, Carroll and other counties that have tried to limit where new cannabis dispensaries can open, the bill from the architects of last year’s recreational cannabis industry would limit local zoning authority. It makes a few concessions, though, by allowing local governments to extend the minimum 1,000-foot buffer between dispensaries to up to 2,000 feet, and it gives the public a way to file protests to new locations. The House passed the bill mostly along party lines Thursday and the Senate, where there is pushback from some Prince George’s County Democrats, pushed a floor debate on the bill until Wednesday.

Gov. Wes Moore’s 2024 wish list — a16-part bill package — is mostly moving along with ease.

Hang-ups with an uncertain future

iGaming (House Bill 1319): Online slot machines, blackjack, poker and other casino games would be available in Maryland for the first time with a bill supported by leaders in the House but not the Senate. Proponents, including budget negotiators in the House, say it would be a boon to diminishing state coffers, possibly $300 million per year. Critics see it as an avenue toward problem gambling and addiction. The House passed the bill 92-43, but Senate President Bill Ferguson has said it’s unlikely to pass his chamber.

Firearm public nuisance (Senate Bill 488 and House Bill 974): Continuing in step with recent gun control legislation in the state, this bill would allow Maryland’s attorney general to sue gun manufacturers and dealers for financial damages if they don’t take reasonable steps to prohibit their firearms from being sold to traffickers or people who legally are unable to possess a gun, or if the seller has reason to believe the purchaser intends to use it to harm others or to commit a crime. The Senate version of the bill passed on a vote of 33-12. The House bill has not made it to the chamber floor for debate.

Limitations on diminution credits in honor of Pava LaPere (Senate Bill 1098 and House Bill 301): Inspired in part by the killing of 26-year-old Baltimore entrepreneur Pava LaPere in September, the legislation would prevent people convicted of serious sex crimes from earning diminution, or “good time,” credits to reduce their sentence. LaPere’s parents and friends gave emotional testimony on the bills, which have bipartisan support. The Senate bill sponsored by Senate Judicial Proceedings Chair Will Smith, a Montgomery County Democrat, passed unanimously Monday night, while the bill in the House from Baltimore Democratic Del. Elizabeth Embry has not yet received a committee vote.

Special elections (Senate Bill 29): When a member of the General Assembly dies or steps down in the middle of a term, their jurisdiction’s Democratic or Republican Central Committee nominates their replacement — which is often a member of the central committee. The appointment process is a way for would-be lawmakers to get their foot in the door, as they tend to be elected by voters to the roles they were initially appointed to.

A bill that passed the Senate would change that by requiring jurisdictions to hold a special election if a seat is vacated 55 or more days before the candidate filing deadline during the second year of a term. If a seat is vacated in the last two years of a term, the governor would appoint their replacement based on nominees from the jurisdiction’s central committee. The House has not taken up the idea, though separate legislation (House Bill 347) in that chamber would open up the central committee process for vacancies. It would not establish special elections but it would require candidate applications be published online for at least 30 days, and committees would be required to give constituents at least three days notice that it will hold public meeting to interview them.

Losers not on track to pass

Fair Share for Maryland (Senate Bill 766 and House Bill 1007): A $1.6 billion personal income and corporate tax hike plan will come up short in the first year advocates and a few progressive legislators sponsored the omnibus legislation. House leaders are hoping to pass one element of the bill — combined reporting, ensuring corporations pay state taxes — but Senate leaders are standing firmly against the idea.

Aid-in-dying option (Senate Bill 443 and House Bill 403): Though Senate President Bill Ferguson said this could be the year — after nine consecutive attempts — to pass the bill to allow medically assisted suicide, there were not enough votes in the Senate to get it through committee. The legislation would have allowed terminally ill Marylanders to request life-ending medication from a physician.

Ending the tipped wage (Senate Bill 160 and House Bill 465): Maryland would have followed Washington, D.C., and other states in phasing out the $3.63 tipped wage — bringing all wages to at least $15 — under the plan set to come up short once again in Annapolis. Service workers and some restaurant owners made a push for it earlier this year but House sponsor Del. Adrian Boafo, a Prince George’s County Democrat, withdrew his bill and the Senate version did not get a vote in committee.

RENEW Act (Senate Bill 958 and House Bill 1438): A plan that started off as environmental activists’ top priority this year, it would have required companies that have been the largest polluters in recent decades to pay a fee — combining to $9 billion over 10 years to pay for Maryland’s emissions reduction goals. Those goals remain largely unfunded heading toward the end of the session as neither version of the bill received a vote.

Prescription drug affordability (Senate Bill 388 and House Bill 340): Expanding the nascent board’s authority was a top priority for health care advocates. If passed, it would have allowed the five-member board to use upper payment limits to make high-cost medications more affordable, not just those who work for state and local governments (which is the case under current law). Advocates and legislators said they would push for the change again next year, after the board sets upper payment limits for the first time by Jan. 1, 2025.