Legislation

Libertarian Party of MD’s Opposition to SB 970 a Success

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The Libertarian Party of Maryland joined three other organizations in a letter in opposition to SB 970, a bill which would unnecessarily and inappropriately compromise the public accountability values of the Maryland Public Information Act by creating a dangerous categorical ban on the public release of some police body camera footage. Yesterday, the Judicial Proceedings Committee gave the bill an unfavorable report notwithstanding the House having passed the companion bill HB 767 on a 133-3 vote. We are hopeful that this will forestall passage of this legislation.

Below is a copy of the letter in opposition sent to the Judicial Proceedings Committee on behalf of the Libertarian Party of Maryland, the ACLU of Maryland, the League of Women Voters of Maryland, and CASA.

Letter in Opposition to SB 970

There is a balance to be struck between privacy interests and ensuring public accountability of police conduct. Body cameras have proven a useful tool to improve public accountability. The Maryland Public Information Act already provides a reasonable balance to protect body camera footage from violating the privacy of citizens. SB 970 would alter that balance and set a dangerous precedent that could further erode public transparency via the Maryland Public Information Act. We are grateful to the ACLU of MD’s leadership and tireless advocacy on this issue.

We Need Your Help-Contact Your Delegates for Ballot Access

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Our ballot access reform bill receives a hearing this Thursday, March 2nd, before the Maryland House Ways and Means Committee. This bill would revise the way parties like the Libertarian Party of Maryland retains its legal status, requiring that we maintain at least 10,000 registered voters. Since we have over 20,000 registered Libertarians and our registrations are growing, we would effectively have guaranteed ballot access for Libertarian candidates to spread the message of liberty if this bill is passed.

What we need from you is to contact your Delegates by email to ask them to support HB 707 as soon as possible, but at least before Thursday the 2nd. Working with our coalition partners in the Coalition for Common Sense Ballot Access, we have developed a sample email that you can use. Follow this TAKE ACTION link to see how to identify your Delegates and their email links, sample language in support of the bill, and a “one-pager” that gives a basic description of the bill.

Note that support for HB 707 has been endorsed by FairVote Action and ballot expert Richard Winger.

Contact Eric Blitz at email hidden; JavaScript is required if you have any questions. Thanks in advance for helping us improve ballot access laws in Maryland.

Libertarian Party of Maryland Returns to Legislature for Ballot Access Reform

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Our party is again supporting legislation in the Maryland General Assembly that cures an inconsistency between the standards by which a political party originally qualifies as a recognized party and the standard to maintain recognition. It is this legal standard for party recognition that allows party candidates to be nominated and placed on the ballot, giving Marylanders an important additional choice when voting.

The amendment changes one of the two alternate standards for a party to re-qualify. Instead of requiring 1% of registered voters, the bill would require 10,000 registered voters, matching the petitioning requirement of 10,000 signatures necessary to form a new political party. It is a simple, two-page bill that changes one word.

Currently the LPMD is qualified to place candidates on the ballot through 2018 because our Presidential candidate received over 1% of the total votes cast in Maryland (Gary Johnson received 2.9%). Before that, we retained qualified status because our Gubernatorial candidate, Shawn Quinn, exceeded 1.5% of the vote, the first time a third-party had done this in 44 years. An alternative standard for party re-qualification is that the party have 1% of the total registered voters register as Libertarians as of the end of each year. To our knowledge, no third-party has re-qualified in Maryland through this standard. As of December 31, 2016, the registered voters necessary to reach the 1% threshold was 39,706. As of that date, Libertarians had 19,904 and the Greens 9,263 affiliated voters, so they would not qualify under that standard.

When parties do not re-qualify, they must petition to obtain 10,000 signatures of registered voters in Maryland as if they are starting anew, a time-consuming, laborious, and expensive process. The petitioning process is made more difficult because so many signatures are disqualified on technicalities, so that a party really needs to obtain around 15,000 signatures to ensure success. Our legislation makes sense because if 10,000 registered voters, who are not necessarily libertarian (in fact, most are not) can sign a petition to demonstrate that the party has a sufficient minimum level of support in Maryland, then having 10,000 registered voters affiliated with that party is more than sufficient to demonstrate that support. An affiliated voter has, by definition, demonstrated support for a particular political party. Therefore, the discrepancy between the 10,000-petitioning requirement to form a party and the variable standard of 1% of registered voters should be eliminated by replacing the 1% standard with 10,000 affiliated registrations.

We have helped form the Coalition for Common Sense Ballot Access with the Green Party of Maryland, Constitution Party of Maryland, and the Ujima People’s Progress Party. You can follow the coalition’s work on behalf of this bill on its website, Facebook and Twitter. The Coalition is seeking endorsements for this bill and has obtained its first endorsement from FairVote Action. If you have a relationship with any organizations you think might be willing to endorse this bill, please contact us.

We expect the bill to be filed by the primary sponsor very soon. It will be identical to the bills we supported in 2014, 2015 and 2016.

General Assembly session begins next Wednesday

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md-state-houseThe General Assembly session will begin next Wednesday, January 11, and last for 90 days.

The Maryland Libertarian Party will again be working with legislators and advocacy groups to advance pro-freedom legislation.

If you would like to get involved, contact Maryland LP vice chair Eric Blitz at email hidden; JavaScript is required.

 

Libertarian Party of Maryland endorses the Death with Dignity Act

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The Libertarian Party of Maryland endorses passage of a Death with Dignity Act in the coming spring session of the General Assembly of Maryland.

Introduced in the 2015 legislative session, the Death with Dignity Act’s core purpose is to allow a terminally ill adult resident of Maryland (those with a prognosis of six months or less to live) the freedom to choose to voluntarily take a prescribed dosage of medicine to aid in dying. The bill does not allow euthanasia, which would remain illegal. The bill contains significant procedural protections to ensure the individual is competent to make the choice, is making an informed decision, and is not subject to undue influence or coercion. We urge our supporters to take action to support this legislation as outlined below.

A person facing end of life decisions is confronted with an intensely personal choice, one at the very heart of the libertarian conception of self-ownership. Some may not agree with a person’s choice to expedite an inevitable death or with the morality of that choice. Still others believe it is the most moral of sentiments to exercise self-control in the process of their dying, to preserve their personal dignity. For libertarians, the key commitment is that the government should not prevent that individual’s choice with the force of law.

Though it may be renamed, the bill to be introduced in 2016 is likely to be very similar to the 2015 legislation, which you can read for yourself. Here are the bill’s key points:

Only competent, adult, Maryland residents who have a terminal illness can make this choice. The bill sets forth the means of establishing that these criteria are met, including a requirement that 2 independent physicians certify the diagnosis of a terminal illness, that the decision  is voluntarily undertaken (no coercion) and the patient is competent (no impaired judgment, including depression).

The patient must personally and voluntarily initiate the process (it cannot be done through an agent, guardian, or durable power of attorney) and can rescind their decision to proceed at any time. The patient does this by making 2 oral requests for the medicine, with the second request made no less than 15 days after the first request. During the 15 day waiting period after the first request, the patient must also fill out a written form requesting the medication, witnessed by two people (only one of whom can be a relative, be entitled to a benefit from the patient’s death, or a person associated with the health care facility in which the patient is receiving treatment). There is an additional 48 hour waiting period between the signing of the request form and the writing of a prescription by the physician. After 48 hours, the patient can receive the medication but is under no obligation to take it at that time. The patient must be capable of self-administering the medicine.

The bill protects individuals, including medical providers and institutions, from civil and criminal liability for participating in good faith compliance with the procedural and medical protections of the act. The bill also allows physicians, health care facilities, and individual employees of health care facilities to elect not to participate in such services.

The bill makes it a felony to alter or forge a written request for aid in dying or to conceal or destroy a rescission of the required written request for aid in dying with the intent or effect of causing the patients death. It is also a felony to exert undue influence on a patient to make a written request for the purpose of ending the patient’s life or to destroy a rescission.

Finally, a patient’s death is not a suicide and is deemed a death from natural causes. Life or health insurance benefits, annuities or other contracts cannot be conditioned or affected by making or rescinding a request for aid in dying and such contracts made after the law’s effect cannot include a limitation or otherwise attach consequences to such. Similarly, the rates charged for a life, health, or accident insurance or annuity cannot be conditioned upon making or rescinding a request for aid in dying.

The Libertarian Party of Maryland has joined with Compassion & Choices-Maryland, an issue advocacy group working to pass the bill. If you are interested in helping, we urge you to contact your legislators to urge their support. Please visit our Take Action page for assistance. In the spring there will probably be a lobby day where we’ll all lobby legislators together at once. Watch for updates for the scheduling of the lobby day and other public advocacy events. You can also write letters to the editor in support of the legislation. Finally, if you’d like to be more intensely involved in this legislative effort, please contact Eric Blitz at email hidden; JavaScript is required.

To learn more, you can review this Fact Sheet and Answers to Misconceptions about a Death with Dignity Law prepared by Compassion & Choices.

2015 Legislative Review

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Eric Blitz, Vice-Chair, Libertarian Party of Maryland

Eric Blitz summarizes the legislation relevant to libertarian issues from Maryland’s 2015 General Assembly session, such as ballot access, marijuana legalization, police conduct, access to public information, civil asset forfeiture, regulatory impact review, expungement, and many other topics. Any opinions expressed are those of the author and not official positions of the Libertarian Party of Maryland. Eric is an attorney and the Vice Chairman of the Libertarian Party of Maryland.


Ballot Access

HB626, sponsored by Delegate David Moon (D-Montgomery), with co-sponsors Delegates Brooke Lierman (D-Baltimore City) and William Smith, Jr. (D-Montgomery), sought to replace the current standard of 1% of all registered voters necessary to maintain ballot access (the other method is receiving 1% of the vote for the highest statewide office) with a flat 10,000 registered voters affiliated with a party. This makes sense because for a petition to re-establish the party you need 10,000 signatures of registered voters. Currently, the Libertarian Party of Maryland has over 15,000 registered voters affiliated as Libertarians, thereby establishing that we meet the minimum threshold of support for ballot access in Maryland. If the law had passed, we would automatically qualify for continued ballot access so long as we maintained 10,000 registered voters. This would have ended the potential for expensive, time-consuming, and ultimately wasteful efforts in ballot access petitioning for both the Libertarian Party of Maryland and the Green Party of Maryland (if they increased their registrations from their approximately 8,500 affiliations). While we had a much more receptive response before the House Ways and Means Committee, like last year’s bill it failed to receive a vote from the committee. We’ll keep on trying each year until we get this bill passed.

Enforcement of Maryland Constitutional Rights

SB319 provided for awarding reasonable attorneys fees and expenses to prevailing plaintiffs claiming violations of Maryland constitutional rights or the Maryland Declaration of Rights by the State and local governments. The statutory cap in damages against governments would not apply to such awards, nor would the cap on contingent fees. This would have been an important mechanism in holding the state and its political subdivisions accountable to abide by the Maryland Constitution and Maryland Declaration of Rights. The bill was cross-filed in the House as HB28 but neither the House nor Senate Committee gave it a vote.

Marijuana Legalization

SB531/HB911 sought to legalize the use, possession, growth and distribution of marijuana in Maryland, similar to the Colorado law. The Libertarian Party of Maryland and the Marijuana Policy Coalition of Maryland worked hard to build support for these bills, including: organizing and sponsoring a legislator’s only forum on marijuana policy; an advocacy training event for volunteer advocates; a lobby night; testimony before committees; email, letter and phone call contacts to representatives; and legislative lobbying. For a detailed summary of the bill, please review this document produced by our coalition partner, MPP. MDT&RBillSummary 2015. Sadly, the bills did not receive a vote from either of the respective House or Senate committees. We hope to have a better result in 2016, with the expected increase in public support for legalization and focus on the issue through the presidential campaign. There is a possibility of six other states passing legalization bills in 2016, including California, which may increase momentum for passage in Maryland.

The bill we did get passed is generically known as the paraphernalia fix bill. SB517 legalizes the use and possession of paraphernalia associated with the use of marijuana. The bill also made it a civil violation to use marijuana in a public place, with a fine not to exceed $500. There were provisions with respect to use in a vehicle and a relaxation of police search rules included in the original bill which we opposed and were stricken via amendments. The bill was passed by both the House and the Senate. UPDATE: The bill was vetoed by the Governor. It is unclear whether the legislature will vote to overturn the veto. 

Other Bills Relating to Marijuana

HB803 Hemp legalized! This bill legalizes the growing, harvesting, possession, sale, etc. of industrial hemp. It was passed by both houses and was signed by the Governor. UPDATE: Federal law may still limit hemp production in Maryland. No brave 10th Amendment language from the General Assembly.

SB456 provides a small fix to the medical marijuana law. It requires a court to dismiss the charge (rather than give a $100 fine) for possession of marijuana and/or paraphernalia for medical necessity in certain circumstances.  The bill was passed and signed by the Governor.

HB433 Marijuana Disclosure requirements-state outreach campaign on the purported health hazards of marijuana, that a person is still subject to arrest by the federal government (especially on federal property, parks, military bases, etc.) and that it is illegal for banks to do business with marijuana businesses (proceeds of marijuana) and a few other subjects. This bill, sponsored by Impallaria (R), was filed last year as well, went nowhere in committee, and received the same fate this year. Thankfully, this bill was dead on arrival.

HB121 revised the mandatory minimums for specified drug-related offenses. The bill was passed by both the House and Senate. UPDATE: The bill became law. The Governor did not sign or veto the bill, so it became law by operation of the Maryland Constitution.

HB393 sought to make marijuana use and possession in a vehicle a separate crime and thereby carve out an exception to decriminalization of possession of less than 10 grams of marijuana. The bill received an unfavorable report by the House Judiciary Committee which was a win for us.

SWAT Teams

SB173/HB338 sought to limit the deployment of a SWAT team to instances where there is a significant imminent threat to human life, welfare, and safety and the use of regular patrol officers is insufficient to meet that threat. It required a supervisor to create a written report supporting the determination that these factors exist (and whether pregnant women, children or the elderly are suspected of being present) before deploying a SWAT team, except when doing so would substantially endanger the lives of civilians or police personnel. The bill also imposed substantial reporting requirements on police forces that use a SWAT team, which should help with the transparency problems associated with such deployments. Those reporting requirements used to exist, but the law expired via a sunset. The bills did not receive a vote in either of the respective House and Senate committees.

Police Body Cameras

SB482 was first passed by the Senate while its companion bill failed with an unfavorable vote in the House Judiciary Committee (chaired by Joseph Vallario). The House then took up the Senate bill and it was passed. The bill has been signed by the Governor. The bill is emergency legislation, meaning that it went into effect upon the Governor’s signature on April 28, 2015. The bill authorizes the use of digital recording devices (including body cameras) by police and makes it legal for such cameras to record oral communications of citizens by regular police officers if they are in uniform and is prominently displaying their badge or insignia, the officer is reasonably complying with standards (yet to be developed) for use of such devices, the officer is a party to the communication, and law enforcement notifies the individual of the recording as soon as it is practicable to do so (unless it isn’t, or is otherwise impossible). The bill sets up a Commission to develop the standards for use of body cameras to be reported by October 1, 2015 and then used by the Maryland Police Training Commission to develop and publish (online) the standards that will be applicable. The bill also sets forth 17 issues the MPTC must address in developing the standards. The party will be monitoring this Commission’s work. I share some of the concerns of the ACLU of Maryland that there are insufficient privacy protections with respect to the recordings. This issue will likely be addressed by the General Assembly in 2016, after the report from the Commission is presented.

Other Police Conduct Bills

HB954 was passed and signed by the Governor. It requires annual reporting (due March 1st of each year) of all officer-involved deaths (those resulting directing from an act or omission of a law enforcement officer who is on duty or while off-duty but within the scope of their official duties, as well as all deaths of police officers, to the Governor’s Office of Crime Control and Prevention. The reports must, at a minimum, identify the age, gender, ethnicity and race of the deceased and the officer involved, a brief description of the circumstances, the date/time/location of the death. Sadly, what was removed from the bill was language which would have included within the report a description of the disposition of any investigation, inquiry or disciplinary proceeding resulting from the death. The reports are then made to the General Assembly by October 15th of each year (with a description of the past three years’ information required by such reports).

HB363 provided that the commission of a misdemeanor or felony (that have an incarceration penalty of a year or more) by law enforcement officers while in the course of their duties constitutes misconduct in office. That misconduct in office is a separate offense that can lead to up to a 10 year sentence, to be served consecutively and not concurrent to the underlying offense. The bill was filed by Delegate Curt Anderson at the request of the Baltimore City Administration and received an unfavorable report by the House Judiciary Committee.

HB365 sought to shift all felony prosecutions of police officers (both state and federal) for violations during the course of their duties from the local office of the States Attorney to the office of the Attorney General. The bill was filed by Delegate Curt Anderson and received an unfavorable report by the House Judiciary Committee.

HB112 provided that the State Prosecutor may investigate the death of an individual who dies as a result of an action or omission of a police officer (while on duty or for off-duty, if the activities are within the scope of the officers duties) if the State’s Attorney for the jurisdiction in which the death occurred does not file an information or seek a grand jury indictment in the case. This would have provided an important secondary review in these cases. This bill was cross-filed in the Senate as SB653, but both bills received unfavorable reports by the House Judiciary Committee and the Senate Judicial Proceedings Committee.

Note that Delegate Rosenberg introduced a similar bill, which would apply to any use of force by a police officer, which was HB438. The bill granted the State Prosecutor the authority to investigate immediately, concurrent with the authority with State’s Attorneys. That bill received an unfavorable report by the Judiciary Committee and was withdrawn.

SB413 requires police departments to report information for traffic stops that track race and requires the development of a model policy against race-based traffic stops. An amendment added a sunset after 5 years. The bill was passed by both the House and the Senate and has been signed by the Governor.

SB882 provides small enhancements to the Baltimore City Civilian Review Board (applicable only in Baltimore City) by expanding the scope of its jurisdiction to police forces of the Baltimore Watershed, the Baltimore City Community College, and Morgan State. It is unclear why the addition of the University of Maryland and the Maryland Transit Authority police forces (while acting in Baltimore) were struck by amendments, but they were. The bill improves the definitions of abusive language and harassment by police officers and adds two new non-voting advisory members to the Board, representatives of the ACLU of MD and the Baltimore City branch of the NAACP. The bill was passed and signed by the Governor.

HB771, another Baltimore-only bill is, requires the public reporting on “community policing” information (on the BPD website). One part of the bill will assist in the reporting of the instances of the use of force that resulted in the admission to a hospital, when the injury occurred as a direct result of an officer’s actions. It also requires the reporting of citizen complaints about the use of force by officers. It was passed and signed by the Governor.

Public Access to Government Information

The Libertarian Party of Maryland is a coalition partner in Marylanders for Open Government. The coalition had amazing success in getting three bills passed and signed by the Governor this session. Because the changes to these laws are more comprehensive than can be reasonably described here, a separate article will be published describing the details of the bills, but here is a summary:

SB695/HB755 amends the Maryland Public Information Act to establish the State Public Information Act Compliance Board, an Office of the Public Access Ombudsmen, revisions to speed up the disclosure of public information and improvements to the denial of records process, The bill also adds statutory damages (not to exceed $1,000) if the custodian knowingly and willfully fails to disclose documents available under the MPIA. As important, there is an uncodified section of the bill that sets up a reporting process for findings and recommendations for further improvements to the Public Information Act, including a review of the statutory duties of the Compliance Board, the merits of merging the state open meetings law compliance board with the new board, the use of fee waivers, an analysis of the denial process used by custodians, an analysis of the kinds of records requested, and the State law exemptions outside the Act.

HB674 was passed and signed by the Governor and simply requires all government units (agencies, counties, municipalities, etc.) that are subject to the Maryland Public Information Act to identify their custodian(s) of records and provide their contact information publicly, on websites if they have them, and report them to the Attorney General’s Office so that office can put them on their website and in their public information act manual. This is an attempt to relieve some of the ambiguity that citizens have in identifying who they should make their requests to and how to reach them.

SB444 was passed and signed by the Governor. Prior to this law, official custodians should have considered (as a best practice) whether to designate certain types of records as immediately available (because they clearly fall within the scope of the MPIA) and to create a list of such types of documents. With this law, that is mandatory, all custodians must make those determinations and create such a list. This is an important bill because not all custodians were doing this and failing to do so unnecessarily slows down the process and increases costs to both the government and the applicant requesting records.

Expungement

SB651 allows expungement of any record of a criminal conviction for a crime which is no longer a crime. This would also apply to prior convictions of marijuana possession of less than 10 grams. This will help in our future efforts to reduce the over-criminalization problem in Maryland, by prospectively addressing the expungement issue. This bill was supported by the Libertarian Party of Maryland through testimony before the House Judiciary Committee (HB124) and both bills were passed by both the House and the Senate. SB651 was signed by the Governor and HB124 vetoed as duplicative.

Civil Asset Forfeiture

SB528. There was quite a tug of war between the Senate and House on the two cross-filed bills and the Senate ultimately prevailed. This is a bill reforming civil asset forfeiture laws relating to controlled dangerous substances (CDS) offenses. The party program calls for ending pre-conviction asset forfeitures. The bill does not end abusive asset forfeiture, but nonetheless provides some good (if minor) reforms. The bill provides:

  • Currently the owner of property bears the burden of proving that they had no knowledge of the CDS violation in certain CDS asset forfeitures. The bill shifts that burden back to the State with respect to “innocent owner” claims involving CDS violations when the assets involve vehicles, real property and assets used in the purchase of CDS (or traceable to the exchange).
  • The exclusion of a minimum of $300 on many CDS asset forfeitures, removing some of the small money claims.
  • Removes a provision that allowed forfeitures when assets are in close proximity to CDS, paraphernalia, and a few other items, which should require prosecutors to prove asset forfeiture authority under other more relevant indicia of a relationship to a CDS offense.
  • Property must be immediately returned to the owner if the owner is not charged with a CDS violation in connection with the property within 90 days of the seizure. Removed by amendment.
  • Seized property cannot be transferred to federal law enforcement unless the case is prosecuted in federal court under federal law or by consent.
  • Changes the burden of proof by removing a rebuttable presumption that the property can be forfeited, if the state meets a burden of establishing, by clear and convincing evidence, certain CDS offenses.
  • The reporting requirements were struck by amendment.

The bill was passed in the House on an 85-53 vote and 47-0 in the Senate. UPDATE: The bill was vetoed by the Governor. It is unclear whether the legislature will vote to overturn the veto. 

Proposed Regulations-The Impact on Small Businesses

HB939 establishes an Advisory Council on the Impact of Regulations on Small Businesses in the Department of Business and Economic Development; requiring the Advisory Council to take evaluate and report on the impact of proposed regulations on small businesses. The bill was passed and signed by the Governor. While this sounds good in theory, it is not clear that such regulatory impact statements have a significant effect on the content or passage of regulations. It would be useful for someone from the Libertarian Party to volunteer to monitor this council and report on its effectiveness in reducing regulatory burdens.

Electronic Cigarettes

HB026 added electronic cigarettes (vapor included) to the prohibition against indoor smoking that applies to regular cigarettes under the Clean Indoor Air Act. This bill died after receiving an unfavorable report from the House Economic Matters Committee. This is the second year in a row this proposed law failed with an unfavorable report.

HB489 Prior law made it a criminal misdemeanor to sell electronic cigarettes to minors. SB007 changed the offense to a civil infraction and reduced the fine from $1,000 to $300, unless the offense follows a prior violation within 2 years, in which case the fine is $500. The bill also added “components” of electronic cigarettes (and products to refill or re-supply them) to the general prohibition on sales to minors. The bill passed and was signed by the Governor. (The Senate’s companion bill (SB007) was also passed by both houses, but was vetoed as duplicative).

Abortion

Both HB492 and SB511, which attempted to outlaw abortions over 20 weeks, failed to get votes in their respective committee hearings and went nowhere.

Medically Assisted Death with Dignity

SB676 allowed medical professionals to provide medicines to terminally ill patients (those with a terminal condition that is likely to result in death within 6 months), after a competency evaluation, so that the individual may end their life (through self-administration). The bill had a very significant set of procedural protections, both for the patient and doctors. It defined a medically assisted death as a death from natural causes and prevents exclusions of coverage under insurance contracts which could define such a death as a suicide (or otherwise non-coverable). The bill failed to get a vote in the Judicial Proceedings Committee.

Religious Exemption to Vaccination Mandate

HB687 sought to remove the religious exemption from the vaccination mandates of the state. The current exemption is already limited if there is an epidemic or emergency. The bill received an unfavorable report from the Health and Government Operations Committee and was withdrawn.

Draft Registration through MVA

SB72 and HB196 sought to change the conditions of driver’s license pass-through registration for the Military Draft (Selective Service) by making  registrations information sharing applicable to both females and males (currently it only applies to males) and most importantly, removing the right of all applicants for a driver’s license to opt-out. Currently there is a protection under current law that if you refuse to consent to your information being shared with the Selective Service, that refusal cannot be used as a reason to deny a driver’s license. Neither bill received a vote in their respective committees.

Drinking Age

SB213 sought to lower the drinking age to 18, but only for active military. It received an unfavorable report from the Education, Health and Environmental Affairs Committee.

Motor Vehicle Checkpoints-Motorcycles

HB917 prohibits police officers from targeting only motorcycles at motor vehicle checkpoints. Sponsored by Senator Raskin, this bill was passed and signed by the Governor.

Restoration of Voting Rights after Felony Disqualification

SB340 removes parole and/or probation from the period of disqualification so that citizens are only disqualified from registering to vote because of a felony conviction during their period of incarceration. A substantial amount of procedural requirements to facilitate offenders being registered after completing their sentence were struck from the bill by amendments. The bill also makes it illegal for a person who is currently incarcerated and disqualified from voting to vote or attempt to vote, punishable as a felony with imprisonment for not less than 1 year not more than 5 years. The bill has been passed by both the House and the Senate. UPDATE: The bill was vetoed by the Governor. It is unclear whether the legislature will vote to overturn the veto. 

Segregated Confinement

HB301 requires state correctional facilities to file detailed annual reports on segregated confinement in excess of 22 hours per day. It builds transparency with respect to the use of segregated confinement. The bill received an unfavorable report in both of the respective House and the Senate committees.

Charter Schools

SB595 provides substantial amendments to the public charter school system. This bill was requested by the Governor and passed after many amendments and legislative maneuvers. It was signed by the Governor). The bill provides moderate improvements but those interested in the details should read the bill directly, as it is too complex to describe in this forum.

Libertarian Party Advocacy-2015 General Assembly

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Yesterday, Eric Blitz testified on behalf of the Libertarian Party of Maryland in favor of HB 626, a bill that would ease ballot access for the party. Identical to last year’s bill in the Senate, this year’s effort changes one of the methods the party can qualify to remain a recognized political party (and thus retain ballot access). HB 626, sponsored by Delegate David Moon (D-Montgomery), with co-sponsors Delegates Brooke Lierman (D-Baltimore City) and William Smith, Jr. (D-Montgomery), replaces the 1% of registered voters standard with a flat 10,000 registered voters affiliated with the party. Currently, the Libertarian Party of Maryland has 15,310 registered voters, so we would automatically qualify for so long as we maintained 10,000 registered voters. Say goodbye to ballot petitioning if this bill passes!

Also testifying in support of HB 626 was Delegate Moon, Brian Bittner and Daniel Robertson of the Green Party, and Jonathan Sherbert, a lawyer who has been involved in petitioning challenges. The House Ways and Means Committee appeared open to giving this bill serious consideration and we are cautiously optimistic. There is not yet a companion bill filed in the Senate.

On February 24th, Eric Blitz testified on behalf of the party as part of the panel of witnesses called to testify before the House Judiciary Committee, seeking a favorable recommendation on the marijuana legalization bill (HB911). The witness panels speaking in favor of the bill  also included Delegate Curt Anderson and David Fraser-Hidalgo (bill sponsors), Darrell Carrington (Maryland Cannabis Industry Association), Tim Lynch (Cato Institute), Rachelle Yeung (Marijuana Policy Project), Major Neil Franklin (Law Enforcement Against Prohibition), and Sara Love (ACLU of MD), among others. After the panels, approximately 20 individuals and organizations testified in support of the bill, including Libertarian Scott Soffen, who was testifying on behalf of the Center for Urban Families, of which he is a Director (Scott ran for Congress in 2014 in the 7th Congressional District). This was a contentious hearing with a known opponent of marijuana legalization, Delegate Joseph Vallario, as the Chair.  The legalization bill will also be subject to a hearing before the Senate Judicial Proceedings Committee (SB531) on March 4th, at 1:00 p.m. Most of the organizations on the panels, including the Libertarian Party, will testify again before the Senate committee.

Also on February 24th, Eric Blitz of the Libertarian Party testified in support of HB374, HB124 and HB615, all before the House Judiciary Committee. The first bill creates a right to expunge criminal convictions for those previously convicted of possession of the now decriminalized amount of less than 10 grams of marijuana, the second is broader, allowing expungement of all crimes which are no longer crimes, and the third bill makes it so that the now decriminalized possession amount cannot be used by the parole and probation officials to issue warrants or notices of violation if that is the only basis for the violation.