2010 Legislative Status Report

Established to promote and protect the legal rights of women, the Women's Law Center actively engages in advocacy work with the General Assembly to increase justice and fairness for women and their families in Maryland.  During the 2010 legislative session our staff and volunteers championed women's rights and found opportunities to educate legislators about the specific impact bills could have on women.  Legal Director Laure Ruth was a significant presence in Annapolis providing the majority of our oral testimony and serving as key member of advocacy groups in the areas of domestic violence, reproductive rights and protections for same-sex couples.  In addition, volunteers increased our impact by providing testimony on several bills.

This spring we monitored 87 bills, submitted written testimony on 57 bills, testified before legislative committees on 42 bills and sent alerts on 43 bills to encourage members and supporters to contact their legislators.  Several important bills passed that will expand protections for victims of domestic violence.  Outdated child support guidelines will be updated.  While bills supporting same sex marriage and other rights and protections for the LGBT community did not pass, other bills to limit expansions of these rights also failed.  Similarly, there were no changes regarding reproductive rights. Below is a synopsis of our written and/or

Funding

PASSED 

Bill supported by WLC

HB 106/SB 248 - Civil Cases - Maryland Legal Services Corporation Fund was approved by the General Assembly.  It increases the filing fee in civil cases to provide funding to Maryland Legal Services Corporation (MLSC).  MLSC provides grants to civil legal service programs for low-income Marylanders.  The bill is estimated to generate approximately $6.1 million.

Domestic Violence

PASSED

Bills supported by WLC

• HB 534/SB 329 - Domestic Violence - Protective Order - Extension allows a court to extend a protective order for up to two years if the respondent commits a subsequent act of abuse while the protective order is still in effect.
• HB 1382/SB 554 - Rental Housing - Protection for Victims of Domestic Violence and Sexual Assault provides protections for victims regarding their landlord/tenant relationships.  The law provides that if the victim/tenant has obtained a final protective order or peace order, the victim may terminate the lease in order to relocate; the landlord must change the locks upon request of the victim at the victim's expense, and creates a rebuttable presumption that the victim is not in breach of the lease if the landlord is attempting to evict the victim for the behavior of the abuser.
• HB 1149/SB 935 - Denial or Dismissal of Peace Order or Protective Order Petition - Shielding of Records allows a respondent in a protective order or peace order case that has been dismissed or denied to request the court to remove from judicary case search and other public access all records relating to the proceeding.  Domestic violence advocates, judges and law enforcement officals would have access to the shielded records.  Although the Women's Law Center opposed the expungement of domestic violence records, this final version of this bill included important protections for victims.
• HB 661 - Arrest - Violation of Protective Order provides that an officer shall arrest with or without a warrant for a violation of a protective order.
• HB 905/SB 22 - Criminal Law - Prohibitions on Wearing, Carrying or Transporting Firearms - Exception establishes an exception to the prohibition against transporting a firearm for a respondent who is surrendering a weapon. 
• HB 60/SB 618 - Criminal Procedure - Violation by Child Sexual Offender of Pretrial and Posttrial Release No Contact Order ("Alexis's Law") allows the police to make a warrantless arrest if they have probable cause to believe the person has violated a no contact order in a crime against a minor. 
• HB 665- Prince George's County - Domestic Violence - GPS Tracking System Pilot Program for Offenders and HB 1336- Washington County - Domestic Violence - GPS Tracking System Pilot Program for Offenders authorize pilot projects in Prince George's and Washington Counties that will monitor domestic violence criminal offenders using GPS tracking systems.  
• HB 625 - Domestic Violence - Domestic Violence Central Repository requires the creation of a Domestic Violence Central Repository to store civil domestic violence orders.

FAILED

Bills supported by WLC

• An effort to change the burden of proof in protective orders from clear and convincing evidence to preponderance of evidence (HB 700/SB 823). 
• Compensation to victims for temporary lodging through the Criminal Injuries Compensation Board (SB 123). 
• A requirement for an expedited hearing on violations of peace or protective orders (HB 662).    

Bills opposed by WLC

• A bill intended to make it easier for victims to get handgun permits (HB 893). 
• A requirement of a judge to advise a respondent of the consequences of a final protective order (HB 48/SB 329). 
• An annual report of domestic violence orders (HB 1047).
• The GPS monitoring of respondents in civil protective orders (HB 331).   

Family Law

PASSED

Bill supported by WLC

HB 500/SB 252 - Child Support Guidelines - Revision updates the child support guidelines for the first time in more the 20 years.  The new guidelines more appropriately reflect the actual costs of raising a child.  The bill extends the guidelines to families with joint adjusted incomes of $15,000 per month.

FAILED

Bills supported by WLC

• Divorce: Several ambitous efforts to change the grounds for divorce making it less onerous to obtain a divorce (HB 336/SB 578, SB 577 and SB 714). 
• Custody: Efforts to codify the existing Maryland case law regarding custody determinations into a statute that continues to rely on the best interest of the child standard (HB 1139) and to recognize de facto parents (HB 1241/SB 600). 

Bills opposed by WLC

Multiple bills sought to create a presumption of joint custody and parenting time (HB 925/SB 1047 and HB 959). 

Employment Law

PASSED

Bill supported by WLC

SB 107 - Unemployment Insurance - Tax Deferment, Trust Fund Solvency, and Cost-Neutral Modernization Act will provide that unemployment insurance benefits are based on the four most recently completed calendar quarters.  This change allows a worker's most recent earnings to be taken into account when determining unemployment eligibility and benefits.  This bill is particularly beneficial for low-income and part-time workers, many of whom are women. 

FAILED

Bills supported by WLC

• The establishment of a cause of action for discrimination based on family responsibilities (HB 463).
• The expansion of Maryland's Family and Medical Leave Act to include care for domestic partners, children of domestic partners and close family members (HB 1272).  
• The repeal of a restriction on the amount of compensation that a lawyer may charge to assist a claimant for unemployment insurance claim proceedings (SB 500/HB 1082).

Criminal Law

PASSED

Bill supported by WLC

HB 283/SB 261 - Criminal Law - Human Trafficking - Prohibitions will enhance the enforcement of and penalties for human trafficking law.

FAILED

Bills supported by WLC

• Prohibition of knowingly committing a crime of violence in the presence of a minor (HB 650).
• Broadening the definition of a sexual act to include penetration with a body part (SB 1310/SB 667).   
• An Anti-Human Trafficking Fund established from forfeited property (HB 514/SB 463).

Reproductive Rights

FAILED

Bill opposed by the WLC

• A bill that would have defined personhood from the beginning of biological development (HB 1078).
• A requirement for facilities to provide patients the opportunity to view a sonogram before performing an abortion (SB 250).

LGBT Rights

FAILED

Bills supported by the WLC

• Marriage equality for same sex couples (HB 808/SB 582).
• Prohibition of discrimination based on gender identity and expression (HB 1022/SB 583).

Bills opposed by the WLC

• A Constitutional Amendment to limit marriage to a man and a woman (HB 1079/SB 1097).
• Prohibition of the recognition of out-of-state same-sex marriages (HB 90/SB 852).
• A bill that would have blocked the implementation of any changes based on the opinion from the Attorney General that out-of-state same-sex marriages may be recognized (HB 1532/SB 1120).