4/14/2015 – JOTF Policy Wrap Up

Dear <<First Name>>,
With a new governor and major turnover in both the Senate and House of Delegates, we knew 2015 would present both change and challenge in Annapolis. As the legislative session closed Monday night, we simultaneously felt a strong sense of accomplishment and a yearning to do more. 
After four years before the General Assembly, we were elated when the Maryland Second Chance Act cleared both chambers late in the evening Monday. By shielding certain nonviolent, misdemeanor convictions from public view, this legislation will open the door to housing and employment for more than 200,000 Marylanders. Gov. Larry Hogan has already offered his support for the measure and is expected to sign it into law.
We are also excited to announce that legislation repealing a law that prevented the expungement of a record if a person is convicted of a subsequent crime also passed the General Assembly mere minutes before the session came to a close at midnight. Similar legislation has been introduced multiple times over the past decade but has never succeeded.
Unfortunately though, and despite support from nearly 100 lawmakers, the Maryland Healthy Working Families Act, another JOTF top priority, did not advance this year. Support for this effort, which would bring paid sick days to hundreds of thousands of Marylanders, has grown tremendously in recent years as voters and political leaders have recognized the everyday realities facing working families.
Last week, JOTF and our partners in the Working Matters coalition, received a joint chairmen’s letter directing us to convene with opponents during the legislative interim. While disappointing, this instruction from legislative leadership is a clear sign they understand the magnitude of this issue and will be ready to give it serious consideration in 2016.
 Your support is what made this year’s progress possible. We are grateful and look forward to putting our combined energy into next year’s priorities.
Check out the chart below for a complete update on our 2015 priorities.

Best,
The JOTF Policy Team 

JOTF Legislative Priorities

Bill	Summary	Outcome	Resources
Healthy Working Families Act SB 40 HB 385	Everyone gets sick and everyone deserves time to recover without risking their economic stability, yet 41 percent of American workers are unable to earn paid sick days.In Maryland, more than 700,000 of our neighbors are forced to make impossible choices:Go to work sick, send an ill child to school or daycare, or stay home and sacrifice much-needed income or, worse, risk job loss. The Working Matters Coalition, of which JOTF is a founding member, supports legislation that would enable workers to earn a limited number of annual paid sick and safe days from their employer.	Lawmakers announced they will not vote on the Healthy Working Families Act in 2015.	Fact SheetWorking Matters CoalitionFor more information or to provide  support, contact Melissa Broome.
Maryland Second Chance Act of 2015HB 244 SB 526	Jobs are the key to our economic recovery, and the ability to secure a job is crucial to the successful reentry of those returning to society from prison. Research shows that recidivism risks are highest in the first 3-5 years following incarceration. Given that recidivism declines steadily over time, the proposed legislation would make certain nonviolent misdemeanor convictions eligible for shielding with the filing a petition after a waiting period. Law enforcement will continue to have access to the shielded records.	Gov. Hogan is expected to sign this legislation into law. HB 244 was amended and passed the House by a vote of 81-56 and passed the Senate unanimously. SB 526 passed the Senateunanimously, was amended and passed by the House.	Fact SheetFor more information contact Caryn Aslan
Criminal Records Expungement – Non-Convictions HB 304 SB 652	Employers often refuse to hire applicants with criminal records, even if the person was never convicted. Maryland law prohibits the expungement of non-convictions if a person is subsequently convicted of any crime, no matter how minor.JOTF believes that Marylanders should not be penalized for offenses for which they were never convicted. JOTF supports legislation that would repeal the subsequent conviction rule.	This legislation is headed to the governor’s desk. HB 304 passed theHouse by a vote of 95-45. An amended version of the bill passed the Senate by a vote of 44-3. As amended, SB 652 passed the Senate by a vote of 33-14 and passed the House by a vote of 88-49. Variations between  the House and Senate versions were resolved in conference committee.	Fact SheetFor more  information or to provide support, contact Caryn Aslan.
Criminal  Procedure —  Expungement of Court and Police Records —  Acquittal or Dismissal HB 904	Maryland’s existing laws require a formal petition process and fee to expunge eligible criminal records. This process is cumbersome and presents significant barriers for job seekers.This bill would authorize the automatic expungement of court and police records related to charges that result in a dismissal or acquittal.	As amended, HB 904 passed the House of Delegates unanimously but failed to receive a vote in the Senate Judicial Proceedings Committee.	“Expungement should be  automatic” video
Motor Vehicle Insurance – Discrimination in Underwriting and Rating – ProhibitionsSB 749	Mobility is a important for working families, yet the insurance industry practices of setting rates based on factors unrelated to driving performance mean certain Marylanders pay more for insurance than others.SB 749 would prevent auto insurers from using factors including credit history, education, martial status and occupation to set insurance rates.	SB 749 failed to receive a vote in the Senate Finance Committee.

*During the 2015 state legislative session, JOTF will also closely monitor the budget process and be prepared to act should harmful cuts arise in the areas of post-secondary access, adult education, and workforce development.

JOTF Legislative Watch List

Bills featured in the watch list are tracked by our policy experts, but their appearance here does not necessarily indicate JOTF support.

Bill	Summary	Outcome	Status
Maryland Secure Choice Retirement Savings Program and TrustHB 421 SB 312	This legislation would create a statewide system to provide retirement savings opportunities to low and middle-income workers. It will prevent hardworking people from falling into poverty later in life.	Del. Frick Sen. Rosapepe	HB 421 failed to receive a vote in the House Economic Matters Committee.SB 312 failed to receive a vote in the Senate Budget and Taxation Committee.
Limits on Use of Leave for Birth, Adoption, Foster  Placement or Care of ChildHB 564	This bill would enable state employees and their spouses who also work for the state to each take 12 weeks of leave, under the Family Medical Leave Act, for the birth or adoption of a child or to care for a family member with a serious health condition. It would also allow state employees and their state-employed spouses to each use up to 30 paid sick days.Current law combines and limits the amount of leave couples can take when they both work for the state. FMLA is currently limited to 12 weeks per couple and sick days are capped at 40 days.	Del. Kelly	This legislation is headed to the governor’s desk. HB 564 passed the House unanimously. It was amended and passed the Senate by a vote of 42-4. The House accepted the Senate version of the bill, which now moves to the governor.
Criminal Procedure-  Expungement – Conviction of a Crime that is No Longer a CrimeSB 651 HB 124	This legislation would allow a person to petition for expungement of criminal records for crimes that are no longer considered illegal.	Sen. MuseDel. Anderson	This legislation is headed to the governor’s deskSB 651 passed the Senate with a vote of 41-6 and passed the House with a vote of 91-47. HB 124 passed the House with a vote of 93-46 and unanimously passed the Senate.
Commercial Law – Consumer Protection – “Mug Shot” Websites HB 744	This legislation would establish procedures for people to request the removal of a mug shot from websites if charges or court record associated with the image have been shielded, expunged or otherwise kept from public access.	Del. Carter	This legislation is headed  to the governor’s desk.HB 744 passed the House unanimously and received unanimous support from the Senate.
Fair Scheduling  ActSB 688 HB 969	This legislation will help ensure workers receive adequate time to plan for their work and family lives by requiring employers to provide workers with at least three weeks advance written notice of their schedule. It also guarantees employees will only be required to work the hours on their schedule and mandates that schedule changes must be made 24 hours in advance with written notice and employee consent.	Sen. BensonDel. Hixson	SB 688 was withdrawn. HB 969 was withdrawn.
Overwork Prohibition Act HB 1027	This legislation protects Maryland workers from employer retaliation, including termination or discipline, for declining to work more than 55 hours a week or to work outside of their regularly scheduled shift. The bill also provides for daily overtime (time and a half pay) for more than eight hours of work in a day.	Del. Glenn	HB 1027 was withdrawn.
Low-Income Student Outreach and College  Access Act of 2015SB 816 HB 779	The bill would establish the Low-Income Student Outreach and College Access Pilot Program, which would encourage low-income high school graduates to attend, and graduate from, college.	Sen. Rosapepe Del. Washington	This legislation is headed to the governor’s desk.As amended, SB 816 passed the Senate unanimously and passed the House by a vote of 134-3.As amended, HB 779 was passed the House by a vote of 131 -5 and passed the Senate unanimously.
Community  College Tuition Exemption for Full-Time StudentsHB 673	This legislation seeks to reduce barriers to higher education by exempting Maryland high school graduates from paying tuition at the state’s community colleges.	Del. Haynes	HB 673 failed to receive a vote in the House Ways and Means Committee.
Baltimore City Community College – Tuition Waivers:  Graduates of Baltimore City Public High Schools SB 131	SB 131 would exempt eligible Baltimore City public high school graduates from tuition payments at Baltimore City Community College.	Sen. Gladden	SB 131 failed to receive a vote in the Senate  Budget and Taxation Committee.
University System of Maryland  Pay It Forward Pilot Program and Tuition Freeze – StudiesHB 57 SB 237	This legislation would require the University System of Maryland Board of Regents study the creation of Pay It Forward tuition programs which create payment plans based on a percentage of a graduate’s salary after graduation.JOTF believes this model may ultimately make college less affordable for low-income populations who currently rely on financial aid.	Del. Reznik Sen. Madaleno	HB 57 was withdrawn. SB 237 failed to receive a vote in the Senate Budget and Taxation Committee.
Human Services – No Wrong Door Pilot ProgramHB 66	This legislation will establish a program to ensure low-income Marylanders have access to services to sustain themselves and their families.It aims to close gaps in services, increase access to state resources, provide more access for under-served populations and foster better coordination between public and private service providers.	Del. Rosenberg	HB 66 failed to receive a vote in the House Appropriations Committee
Maryland Wage & Hour Law – State Minimum Wage – IncreaseHB 4	The legislation would increase the state minimum wage to $10.10 hour beginning July 1, 2015.	Del. Glenn	HB 4 received an unfavorable report (18 – 2) from the House Economic Matters Committee.
State Minimum Wage Rate – Exceptions – Social Service Nonprofit OrganizationsSB 3	This bill would authorize nonprofit organizations that provide social services and have a budget less than $250,000 to pay 85 percent of the state minimum wage.	Sen. Getty	SB 3 was not considered by the Senate Finance Committee
Criminal Procedure – Shielding – Misdemeanor ConvictionsSB 130	This legislation would allow Marylanders to request that certain court and police records for certain misdemeanor convictions be shielded from the public record.	Sen. Gladden	SB 130 received an unfavorable report (9-1) from the Senate Judicial Proceedings Committee
Criminal Procedure – Expungement – Misdemeanor & Felony ConvictionsSB 16	The proposed legislation would expand the crimes eligible for expungement to include certain misdemeanors and nonviolent felonies. Applicable crimes could be expunged after seven and 12 years, respectively.	Sen. Conway	SB 16 received an unfavorable report (9 -2) from the Senate Judicial Proceedings Committee
Equal Pay for Equal Work SB 424 HB 1051	This bill would prohibit employers from providing “less-favorable” working  opportunities based on a worker’s sex or gender identity. The measure also would prevent an employer from taking action against a worker for disclosure or discussion of wages.	Sen. Lee Del. Valderrama	SB 424 failed to receive a vote in the Senate Finance Committee.HB 1051 was withdrawn.
Fiscal Notes –  Criminal Justice Policy Impact  StatementsSB 478 HB 678	The bill would require future legislation to include a criminal justice policy impact statement if it creates a criminal offense, significantly alters the elements of an existing offense, alters existing penalties or changes sentencing, parole or probation procedures.	Sen. Ramirez Del. Valentino- Smith	SB 478 failed to receive a vote in the Senate Rules CommitteeHB 678 failed to receive a vote in the House Rules and Executive Nominations Committee
Prevailing Wage – Payment for Apprenticeship Programs HB 370 SB 777	This legislation would require contractors and subcontractors with public work contracts to pay the full cost of apprenticeship programs for each apprentice that works on the contract.	Del. McCray Sen. McFadden	HB 370 received an unfavorable report (13-8-1) in the House Economic Matters Committee. SB 777 received an unfavorable report (11-0) in the Senate Finance Committee.
Task Force to Study the  Expansion of Career and  Technical Education in MarylandSB 624	This bill would create a task force to study the possibility of expanding Career and Technical education in Maryland.	Sen. Currie	SB 624 passed the Senate unanimously, but failed to receive a vote in the House Ways and Means Committee.
Justice Reinvestment Coordinating  CouncilSB 602 HB 388	The legislation would establish a council that will develop statewide strategies to increase public safety and reduce recidivism.	Sen. Miller Del. Dumais	This legislation is headed to the governor’s desk. SB 602 passed the Senate unanimously and passed the House by a vote of 126-10.HB 388 passed the House by a vote of 118-20 and passed the Senate unanimously.