Although 32 bills have been filed which would change or modify Maryland’s gun laws, it appears that the major decisions on the right to bear arms will be made by the United States Supreme Court which is currently deliberating on whether and how the Second Amendment to the U.S. Constitution should apply to the states. Senate bills to be heard by Judicial Proceedings March 11 include SB 191, which would establish weapons free higher education zones; and SB 842, which would allow reciprocity to a license issued by another state to a current or former member of the armed forces. HB 52, which would allow license reciprocity with Virginia, Delaware and Pennsylvania has been heard, still with no report. HB 893, which would allow handgun permits for victims of domestic violence (See RSC 3), was also to be heard March 11 by JUD.

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Unfortunately, one of our priorities this year SB 243, Housing – Discrimination Based on Source of Income – Prohibitions lost by one vote in Judicial Proceedings.

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On the Federal level, health care reform seems to be in limbo. In order to pass the Senate as part of “Reconciliation,” the House must pass the Senate bill. Passage does not appear to be as easy as originally thought. Lost by many in the discussion is the little understood Sustainable Growth Rate. This is the rate which controls outpatient reimbursements and therefore physician reimbursements. The greater the use of outpatient services, the greater the cut in the SGR.   There have been many efforts over the years to correct what is considered a flawed formula, since Medicare has made a concerted effort to push patient care out of the hospital and into the outpatient realm. This year the steepest cut in many years, 21 percent, was scheduled to go into effect. Senator Bunning, R-KY, staged a protest last week and this year’s correction was caught up in it. To solve the problem, a 30-day correction was attached to an emergency funding bill. However, there is no permanent SGR fix or even a year-long moratorium. This could have a profound effect on Medicare participation.

Neilson Andrews

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SB 156 Environment – Recycling – Apartment Buildings and Condominiums (Brochin, Conway, Frosh and Raskin) This bill requires owners or managers of apartment buildings or condominiums that contain 10 or more dwelling units to provide for recycling for residents on or before October 1, 2014. (EHEA)

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Major changes in the Governor’s Office for Children (GOC) funding  Changes in the Children’s Cabinet Interagency Fund in the FY2011 budget have put Local Funding for Children’s Services at risk. This drastic change from a model supporting local decision making through local management boards, (LMBs)to a centralized model with decision making and control at the state level, through the Governor’s Office for Children (GOC) will produce a decrease of $4 million in FY 2011, causing the loss of hundreds of jobs and services in the LMBs.

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As anticipated in RSC 2, additional legislation to qualify for the Race to the Top federal funding has now been introduced in both houses of the legislature at the request of the Governor and State Superintendent of Schools.  

HB 1263/SB 899 - Education Reform Act of 2010 (Speaker for the Administration plus 4)/President for the Administration) would require a three-year probationary period, rather than the current two years with an optional third year, to qualify for tenure; would make data on student achievement a significant component of teacher and principal evaluations; and would provide a state stipend for highly effective teachers or principals working in the lowest achieving 5% of Title 1 (low income enrollment) schools.  Although many school teachers and principals have not supported the first two requirements in the past, the Maryland State Education Association has given this legislation their full support.

At the request of the Governor, the Speaker and six delegates and the Senate president and Senators Pinsky and King have introduced HB 467/SB 275 - Education - Maryland Longitudinal Data System.  This statewide longitudinal data system would track the performance of students from kindergarten through college and integrate several currently separate data bases to better tell how students relate to their teachers.  The system would enable student data to be exchanged among agencies and institutions in Maryland; would generate student achievement information that could improve Maryland public schools; and should improve our chance of securing a federal Race to the Top grant.  (HB 467 hearing on 2/24; SB 275 hearing on 2/17)

Violence in our public schools statewide has also become a focus of the legislators.  Speaker Busch and eleven others have introduced HB 1160 - Safe Schools Act of 2010. The courts would now be required to report to the county school superintendent if a child is found to be delinquent or in need of assistance and under the custody of a local department. School security officers and the state’s attorney would be added to those who must be notified by law enforcement agencies if a student is arrested for a reportable offense (defined in the Criminal Law article) or for an offense related to gang membership.  

Students convicted of rape or other sexual offenses would be prohibited from attending the same school or riding the same school bus as the victim; the superintendent and principal could implement this prohibition for other reportable offenses. 

In addition, the State Board of Education (SBE), after consulting with Juvenile Service, the State Police and local school systems, would be required to develop a model policy to address gangs and gang like activities in the schools.  Required provisions of the policy are delineated, and each county board would also need to establish a similar policy after consulting with various local groups. Regular school security meetings with relevant groups and individuals would be required for each middle and high school as would a memorandum of understanding between each county’s school superintendent and state’s attorney to foster coordination of gang prevention activities. 

SB 836 - Education - Students Arrested for Reportable Offenses - Prohibition Against Attending School with Victim (Lenett plus 6) would incorporate the provisions prohibiting the provocator from attending school or riding a school bus with the victim. 

HB 1371 - Public Schools - Student Gang Activity Records and Reporting (George plus 11) would define a student gang member as an individual who is part of a public school environment and has, with one or more others, been physically violent to another person, acted disorderly, applied graffiti to school property or possessed weapons, drugs, etc.  Public schools would have to keep records of the students involved, facts about the incident and make this information part of the student’s permanent school record.(SB 836 hearing on 3/17)

Companion bills HB 932/SB 814 - Public Schools - New Construction or Renovation - Children’s Environmental Health (Rice plus 9/Lenett plus 2) would require local school boards to adopt an environmental health plan for school construction and renovation projects that includes standards for hazardous substance removal, integrated pest management, mold and moisture containment, indoor air quality and testing for radon. Standards currently implemented for school construction generally do follow these policies.( HB 932 hrg 3/2)

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