Maryland Accountability Project

2005 Scorecard Explanations

While MAP does not take positions on these bills, MAP uses the conservative position on these issues as the basis to determine each legislator’s voting pattern, whether it be conservative or liberal. It is each constituent’s responsibility to determine if his or her legislator is voting consistent with the wishes of the constituent base and to hold the legislators accountable for their voting records.

1. Election Law – Early Voting = No

SB 478 provides for a five-day early voting period prior to a general or primary election. The bill was passed by the Senate 34-9 and the House 84-50 and was vetoed by Governor Ehrlich, which was overridden in the 2006 General Assembly. Conservatives oppose the bill because it diminishes the sanctity of election day, is unnecessary in light of absentee ballots, and is likely to result in increased voting fraud and election law violations, especially since voters will no longer be required to vote at their assigned precinct and may vote at multiple locations.

2. Building Excise Tax = No

HB 1272 increases the maximum building excise tax in Washington County from $1 per square foot to $13,000 per unit for single-family dwellings, $15,500 per unit for multifamily dwellings, and $5 per square foot for nonresidential buildings. The bill was passed by the House 127-8 and the Senate 35-1 and signed by Governor Ehrlich. The Maryland Department of Legislative Services estimates that this legislation will increase tax revenue by at least $57 million over the next six years. Conservatives oppose tax increases and believe that tax laws must be simplified, not complicated with new taxes on the books. Washington County could seek authorization to impose an impact fee, which requires that the government only use the funds collected for the specific parts of infrastructure that would be impacted by the new development. To the contrary, by assessing a building excise tax, the government can tax the new development and use the funds elsewhere, which conservatives view as a breach of public trust and accountability.

3. Hotel Rental Tax = No

HB 1525 authorizes Wicomico County to increase from 5% to 6% the authorized hotel rental tax for the county and to impose a 5% user fee for all ticketed events held at the Wicomico County Youth and Civic Center. The Maryland Department of Legislative services estimates that the legislation will increase tax revenue by $235,000 for the 2006 fiscal year. The bill was passed by the House 110-23 and the Senate 40-5 and was signed by Governor Ehrlich. Conservatives oppose tax increases and believe that tax laws must be simplified, not complicated with new taxes on the books.

4. Condemnation of Private Property = No

HB 907 authorizes the Town of Boonsboro ( Washington County) to condemn areas of private property as “blighted,” to acquire the property, and sell or transfer the private property to a private, public, or legal entity for purposes of economic development. The bill was passed by the House 136-0 and the Senate 42-4, and was signed by Governor Ehrlich. Conservatives oppose such taking of private property for economic development reasons. It is believed that the Constitution only permits the taking of private property if the property owner is justly compensated and the property will be used for a public works project, such as a public highway or construction of a school or hospital, and even then, the government must develop a plan that would have the least impact on property owners. This legislation would permit the condemnation of property for the sole purpose of revitalizing downtown Boonsboro and not for a public works project. Conservatives believe that if private developers have interest in private property, they should pay the price at which the property owner is willing to sell and should not be able to go around negotiations between a seller and buyer by getting the property condemned and paying less than the seller’s price. Conservatives are also concerned with the overly-broad power given to the Town of Boonsboro to subjectively declare property as “blighted” without any further restrictions on what is considered “blighted” and requirements for independent studies to support such findings.

5. State Contract Debarment = No

HB 262 requires that a person be debarred from entering into a state contract if the person, an officer, partner, controlling shareholder or principal of that person, or any other person substantially involved in that person’s contracting activities has been debarred from federal contracts under federal acquisition regulations. The bill was passed by the House 135-2 and the Senate 41-4 and was signed by Governor Ehrlich. Conservatives oppose this bill because it presupposes violations of federal procurement law means that the party has also violated state procurement laws without providing the individual with due process and a hearing. Conservatives also oppose this bill because it penalizes a person if that person has been successfully sued in court, even when that person was never found guilty beyond a reasonable doubt, or when that person has entered into a settlement agreement only to avoid the nuisance costs of litigation. Conservatives are equally troubled that a person could be denied the right to contract with the state due to the unrelated actions of a business associate.

6. Mandated Health Insurance Coverage = No

HB 303 requires an insurer, nonprofit health service plan, or an HMO to cover nicotine replacement therapy in its policies, contracts, and health care plans. The bill was passed by the House 101-31 and the Senate 40-6 and was signed by Governor Ehrlich. Conservatives oppose government mandates on what health plans should cover and instead believes that these matters are best negotiated between private parties. By mandating certain items be covered, the government is unjustifiably interfering in contract negotiations and tilting the advantage in the direction of the insured party, who no longer must negotiate over that term.

7. Establishing Collective Bargaining = No

HB 776 empowers the Charles County Board of Education to negotiate a union service or representation fee to be charged to nonmembers who are represented by the union in collective bargaining and grievance matters. The bill was passed by the House 113-21 and the Senate 37-7 and was signed by Governor Ehrlich. Conservatives oppose this bill because they believe that workers should not be forced to pay union dues if they do not wish to be members. Conservatives are also concerned that if a worker objects to paying the fee for religious reasons, they must donate that fee to a nonreligious charity instead of keeping the money altogether or donating it to their preferred charity, including the religious entity that forbids the payment of the fee in the first instance.

8. Minimum Wage Increase = No

HB 391 requires employers to pay the greater of the federal minimum wage or a wage that equals a rate of $6.15 per hour to employees subject to federal and state minimum wage requirements. The bill was passed by the House 84-50 and the Senate 30-16, but was vetoed by Governor Ehrlich, which was overridden in the 2006 General Assembly. Conservatives oppose increases in the minimum wage because it is not the role of government to unduly interfere in contract negotiations between private parties and will have undesirable effects on the economy such as increasing inflation and unemployment. The bill will also have a disproportionate impact on small business, which is the backbone of our economy.

9. Fair Share Health Care Fund Act (aka Wal-Mart Bill) = No

SB 790 requires that an employer with 10,000 or more employees that does not spend at least 6% of total wages (for a nonprofit employer) or 8% of total wages (for a for-profit employer) on health insurance costs must pay the Department of Labor, Licensing, and Regulation an amount equal to the difference between what the employer spends on health insurance and the required percentage of total wages paid. The law also mandates new recordkeeping burdens on impacted employers. The bill was passed by the Senate 30-16 and the House 81-49, but was vetoed by Governor Ehrlich, which was overridden in the 2006 General Assembly. Conservatives oppose this legislation because it unduly interferes in the contract relationship between private parties, unfairly targets one employer, namely Wal-Mart, for this treatment, and will result in negative implications to the Maryland economy as Wal-Mart and other businesses choose to relocate jobs to surrounding states with more favorable laws.

10. Medical Decision Making Act of 2005 = No

SB 796 requires the Department of Health and Mental Hygiene to issue a Certificate of Life Partnership to a qualifying couple for the purpose of conferring rights to make medical determinations in certain circumstances. The bill was passed by the Senate 32-15 and the House 82-46, but was vetoed by Governor Ehrlich. Certain members of the General Assembly are expected to pursue a veto override during the 2006 Session. Conservatives oppose this bill because it diminishes the sanctity of marriage, allows unmarried same sex and opposite sex couples to receive the same treatment under the law as married couples, and provides for a state-sanctioned registry for these so-called “life partnerships,” thus, legitimizing relationships that would otherwise not be recognized under the law.

11. Treating Domestic Partners Like Married Couples In Transfers of Property = No

HB 1298 exempts the transfer of property between domestic partners and former domestic partners from the recordation tax and State and county transfer taxes under specified circumstances. The bill was passed by the House 98-34 and the Senate 25-22, but was vetoed by Governor Ehrlich. Certain members of the General Assembly are expected to pursue a veto override during the 2006 Session. Conservatives oppose this bill because it diminishes the sanctity of marriage, allows unmarried same sex and opposite sex couples to receive the same treatment under the law as married couples, and will legitimize relationships that would not otherwise be recognized under the law.

12. Requiring School Board to Report Harassment = No

HB 407 requires local school boards to distribute a state-provided Victim of Harassment or Intimidation Report Form to its schools and report to the Maryland State Department of Education on an annual basis a summary of all incidents of harassment or intimidation against public school students in that board’s jurisdiction. The bill was passed by the House 109-27 and the Senate 31-16 and was signed by Governor Ehrlich. Conservatives oppose this law because it unduly burdens local schools, demonstrates an overstepping of state government in the affairs of local government, and requires the collection of information without necessary safeguards to protect the privacy of the individuals involved nor any notice or due process to the individual who is reported as allegedly committing the harassment or intimidation.

13. Task Force To Implement Tolerance Education = No

SB 440 establishes a Task Force to Implement Holocaust, Genocide, Human Rights, and Tolerance Education in the State. The Task Force must advise the University System of Maryland on the establishment of the pilot program that creates a Center for Excellence on the Study of the Holocaust, Genocide, Human Rights, and Tolerance. The bill was passed by the Senate 46-0 and the House 126-4 and was signed by Governor Ehrlich. While it is commendable to study and learn from past practices of inhumanity and commit to never allow such practices to repeat themselves, conservatives oppose this legislation because it is believed that a state-sanctioned Task Force or Center, which includes in its mission – Tolerance Education, is very subjective and often times masks intolerance of protected speech, which may be in the minority, but nonetheless protected under the Bill of Rights. Moreover, conservatives believe that Maryland should follow the example of Minnesota where a Center for Holocaust and Genocide Studies, which did not include Tolerance Education, was created through a $3 million anonymous endowment to the University of Minnesota.

14. Funding for Public Art = No

HB 749 establishes the Commission on Public Art and the Maryland Public Art Fund. The Commission on Public Art must allocate funds to commission works of art for installation at State public facilities and establish selection panels to make recommendations for the selection of artists and artwork to be funded. The bill was passed by the House 133-0 and the Senate 38-4 and was signed by Governor Ehrlich. Conservatives oppose this law because supporting the arts is viewed as outside the intended purpose of government, history has shown that the National Endowment for the Arts, which is similar to the Commission created by this bill, has used taxpayer money to fund offensive and perverse works of art, and art should be funded where there is a demand for the art and not subsidized by government.

15. Prohibiting Nudity and Sexual Displays at Bars in Prince George’s County = Yes

HB 1133 adds Prince George’s County to the list of those jurisdictions which prohibit nudity and sexual displays in establishments with alcoholic beverages licenses. The bill was passed by the House 128-2 and the Senate 45-0 and was signed by Governor Ehrlich. Conservatives support this bill because they find adult entertainment to be a breach of society’s moral fabric and exploitation of those employed in this industry.

16. Maryland Hunting Heritage Protection Act = Yes

HB 1086 requires the Department of Natural Resources to keep land managed by it open for hunting except under specified conditions and to manage land under its authority to prevent, to the greatest practical extent, any net loss of acreage available for hunting opportunities. The bill passed the House 88-42 and the Senate 30-16 and was signed by Governor Ehrlich. Conservatives support this bill as complementary to the rights protected under the Second Amendment.

17. Tuition Waiver for National Guardsmen = Yes

SB 153 repeals language that limits members of the Maryland National Guard, who receive tuition waivers, to only enroll in those courses where space is available after other students have an opportunity to enroll first. The bill was passed by the Senate 44-0 and the House 125-0 and was signed by Governor Ehrlich. Conservatives support this bill as a proper government function in recognizing and rewarding the great sacrifice made by members of our armed services who defend our freedoms.

18. Penalty for Assaulting a Law Enforcement Officer = Yes

SB 47 establishes a crime of felony second degree assault, which prohibits a person from intentionally causing physical injury to another knowing or having reason to know that the other is a “law enforcement officer” engaged in the performance of official duties. The bill was passed by the Senate 44-1 and the House 132-0 and was signed by Governor Ehrlich. Conservatives support this common sense bill to protecting our law enforcement officers from physical injury.

19. Expungement of Criminal Records = No

HB 607 permits a person convicted of specified public nuisance crimes to seek expungement of the associated criminal records. The bill was passed by the House 84-53 and the Senate 28-19, but was vetoed by Governor Ehrlich. Conservatives oppose this bill as counter to the core principles of law and order and believes if the bill takes effect, it will result in diminishing the deterrent impact of nuisance laws if criminal records can be cleared. Under current law, persons accused of violating nuisance laws are able to negotiate with a prosecutor over the expungement of criminal records, but this legilsation puts the prosecutor at a disadvantage, not able to use expungement as an effective bargaining chip for a plea agreement.

20. Public Assistance for Felons = No

HB 1024 allows the Department of Human Resources to provide food stamps to felons who were convicted of crimes involving the possession, use, or distribution of a controlled dangerous substance. The bill was passed by the House 106-25 and the Senate 27-19 and was signed by Governor Ehrlich. Conservatives oppose this bill as counter to effective law and order policy and believes this legislation will diminish the deterrent effect of the controlled dangerous substance laws.

21. Termination of Mandatory Minimum Sentencing for Burglary = No

HB 596 allows a person serving a term of confinement for burglary or daytime housebreaking that includes a mandatory minimum sentence imposed before October 1, 1994 to apply for and receive one review of the mandatory minimum sentence. The bill was passed by the House 103-24 and the Senate 29-17 and was signed by Governor Ehrlich. In 1994, the General Assembly deleted burglary and daytime housebreaking from the list of violent crimes to which mandatory minimum sentences apply, but there was no provision to apply the law retroactively to those already convicted. Conservatives oppose this bill because those convicted prior to the enactment of the 1992 law were aware of the mandatory minimum sentence for the crimes they committed and should get the punishment that fit the crime at that time. The criminals made a calculated risk in breaking the law and should pay for the crime.

22. Speed Cameras = No

HB 443 authorizes the placement of speed monitoring systems on certain highways in Montgomery County. The bill was passed by the House 85-42 and the Senate 29-17 and was vetoed by Governor Ehrlich, which was overridden by the 2006 General Assembly. Conservatives oppose this bill because of privacy, safety, and civil liberty rights concerns, including the lack of due process for those accused of violating the law and the failure to provide the accused with an opportunity to confront his or her accuser in court, as is generally required under the Constitution.

23. Posting of Sexual Offender Photographs = Yes

HB 772 requires annual photographing of child sexual offenders and sexually violent predators and replaces the quarterly mail-in registration process for sexually violent predators with an in-person registration process. The bill was passed by the House 133-0 and the Senate 45-0 and was signed by Governor Ehrlich. Conservatives support this bill because it is a sensible approach to accounting for sexually violent predators and providing society, especially parents of small children, with information on predators that may be in their communities.

24. Crime for Murder of Viable Fetus = Yes

HB 398 allows for the prosecution of murder or manslaughter of a viable fetus. The bill was passed by the House 108-20 and the Senate 36-10 and was signed by Governor Ehrlich. Conservatives support this bill as sound recognition of the value of all life, especially those most vulnerable in society, and empowers prosecutors to penalize those who take the life of another.

25. Hate Crimes Bill = No

HB 692 expands the scope of hate crimes legislation to include crimes based on the sexual orientation of another person. The bill was passed by the House 95-37 and the Senate 34-13 and was signed by Governor Ehrlich. Conservatives oppose this bill because it presupposes that all life is not equal and fails to recognize that these crimes, regardless of victim, are all based on hate in the heart of the perpetrator.