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April 27, 2017

Maryland Legislation Update

Governor Hogan has held six bill signing sessions to date. Two bill signings remain on the Governor’s schedule for May 2 and May 4. Under Maryland law all bills are to be presented to the Governor by April 30 this year, the 20th day after adjournment of April 10th, and he must veto them, if he wishes to do so, within thirty days of their presentment or by May 30th this year. Otherwise, he must sign a bill or allow it to become law without his signature, often said to be an expression of a Governor’s displeasure with the legislation he or she refuses to sign. Published reports indicate that the Governor has not signed 15 items of legislation from this year’s General Assembly session. Also, the Governor chose to veto an education bill soon after its presentment to him and the legislature quickly voted to override that veto. Here is a summary of bill signings that may be of interest and other bills not yet signed which may be signed on May 2 or May 4 or otherwise allowed to become law. Inclusion of a bill below, of the hundreds introduced in the legislative session, is purely subjective, based on perceived general interest among PK Law newsletter readers. (Note: previous bills reflected in PK Law materials which did not receive a favorable committee report or which were not favorably voted upon by the legislature have been omitted.)

 

 

Bill

 

 

Title

 

 

Effective October 1, 2017 unless otherwise indicated

 

 

Notes

 

 

SB 111/HB 363

 

 

RECORDATION AND TRANSFER TAXES – EXEMPTIONS – PROPERTY CONVEYED FROM SOLE PROPRIETORSHIP TO LIMITED LIABILITY COMPANY

 

 

 

 

July 1

 

 

Exempts from recordation and transfer taxes the transfer of real property from a sole proprietorship to a limited liability company if the sole member of the limited liability company is identical to the converting sole proprietor and specified other conditions are met.   The bill also clarifies that the transfer of a controlling interest in a limited liability company that is the product of an untaxed conversion from a sole proprietorship is subject to the recordation and transfer tax under specified circumstances.

 

 

SB 597/HB 100

 

 

INCOME TAX SUBTRACTION MODIFICATION – RETIREMENT INCOME OF LAW ENFORCEMENT, FIRE, RESCUE, AND EMERGENCY SERVICES PERSONNEL

 

 

July 1

 

 

 

 

 

HB 429

 

 

CRIMINAL LAW – SEXUAL OFFENSES – PHYSICAL RESISTANCE

 

 

 

 

 

Physical resistance not required to prove sexual crime.

 

 

SB 666/HB233

 

 

DISCLOSURE OF MEDICAL RECORDS – GUARDIAN AD LITEM – VICTIMS OF CRIME OR DELINQUENT ACTS

 

 

 

 

 

Authorization not required for disclosure.

 

 

SB 229/HB 230

 

 

CRIMINAL LAW – HOMICIDE BY MOTOR VEHICLE OR VESSEL WHILE IMPAIRED BY CONTROLLED DANGEROUS SUBSTANCE – PENALTIES

 

 

 

 

 

Increase from 3 to 5 years.

 

 

SB 282/HB 231

 

 

PROPERTY TAX CREDIT – DISABLED OR FALLEN LAW ENFORCEMENT OFFICERS AND RESCUE WORKERS – ALTERATIONS

 

 

June1

 

 

Applies to taxable years beginning after June 30, 2017.

 

 

SB 807/HB349

 

 

INCOME TAX CREDIT – WAGES PAID TO QUALIFIED VETERAN EMPLOYEES (HIRE OUR VETERANS ACT OF 2017)

 

 

July 1

 

 

 

 

 

SB 790/HB 455

 

 

CRIMINAL LAW – ANIMAL CRUELTY – APPLICABILITY

 

 

 

 

 

Applies to “a person who has charge or custody”.

 

 

SB 906

 

 

CHILD SUPPORT –NONCOMPLIANCE WITH COURT ORDER – LICENSE SUSPENSION

 

 

 

 

 

Extends to 120 days the period an individual with a Commercial Driver’s License may be out of compliance before report is made to the Motor Vehicle Administration.

 

 

HB 403/SB 369

 

 

MARYLAND PATIENT REFERRAL LAW – COMPENSATION ARRANGEMENTS UNDER FEDERALLY APPROVED PROGRAMS AND MODELS

 

 

 

 

 

A new exemption

 

 

HB 730

 

 

HEALTH INSURANCE – COVERAGE FOR DIABETES TEST STRIPS – PROHIBITION ON DEDUCTIBLE, COPAYMENT, AND COINSURANCE

 

 

January 1, 2018

 

 

 

 

 

SB 180

 

 

INDEPENDENT LIVING TAX CREDIT ACT

 

 

July 1, 2017

 

 

50% of renovation costs up to maximum credit of $5k.

 

 

SB 436/HB 683

 

 

INCOME TAX – CREDIT FOR NURSE PRACTITIONER OR LICENSED PHYSICIAN IN PRECEPTORSHIP PROGRAM – ALTERATIONS

 

 

Emergency Bill effective on signing

 

 

Alters fees and number of hours.

 

 

SB 72/HB1315

 

 

WORKERS’ COMPENSATION – TIERED RATING PLANS AND MERIT RATING PLANS

 

 

 

 

 

Authorizes insurers to establish these.

 

 

HB 753/SB 793

 

 

MARYLAND TRUST ACT – REPRESENTATIVES OF BENEFICIARIES

 

 

 

 

 

Authorizes the designation of such persons by a trust’s settlor.

 

 

HB 754/SB 792

 

 

MARYLAND TRUST ACT – NOTICE AND REPORTING REQUIREMENTS – EXEMPTIONS

 

 

 

 

 

 

 

 

The following bills are expected to become law:

HB 236 (SB794) Legal Advice to Corporations – Clarification. The bill broadens an existing exception to the requirement that an individual be admitted to the Maryland Bar before the individual may practice law in the State. Specifically, it authorizes an individual who is admitted to the bar of any other state to provide legal advice to the individual’s employer or the employer’s organizational affiliates. For purposes of the bill, “affiliate” means a person that, directly or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with an employer. HB 236 is effective October 1, 2017

SB 73 (HB 735) Estates and Trusts – Share of Intestate Estate Inherited by Surviving Spouse. The bill increases the initial share of a decedent’s intestate estate that is inherited by a surviving spouse from $15,000 to $40,000. The bill applies when (1) there is no surviving minor child but there is surviving issue or (2) there is no surviving issue but there is a surviving parent. It is effective October 1, 2017. HB 665 (SB 607) Exemption from Overtime Pay for Administrative, Executive or Professional Capacity (Not reported out of committee.)

SB 29 (HB 617) Forest Conservation Thresholds and Afforestation and Reforestation Requirements. Clarifying that units of local government with planning and zoning authority may adopt specified forest conservation thresholds and afforestation and reforestation requirements as part of its local forest conservation program that are more stringent than specified forest conservation thresholds and afforestation and reforestation requirements.

PK Law continues to monitor bill signings by the Governor.

Pessin Katz Law, P.A. (PK Law) is the eleventh largest law firm in the Baltimore area and has been serving clients for close to thirty years. PK Law maintains full-service offices in Towson, Columbia, and Bel Air and is comprised of more than 60 lawyers, paralegals and law clerks. Practice areas include corporate law, real estate, zoning, education law, estate planning, elder law, labor and employment, litigation, insurance law and medical malpractice defense. For additional information, visit www.PKLaw.com