Dear Friend:
Thank you for contacting me to express your views during the 2020 Legislative Session of the Maryland General Assembly. Hearing from my constituents is a vital part of serving as your Delegate and I truly appreciate engaging in the legislative process with you.
I want to thank you for the privilege of serving as your District 33 Delegate in Annapolis. This letter is a final status report on both my legislation and the work of the General Assembly as a whole.
I serve on the Health and Government Operations Committee (HGO), working with my colleagues to tackle healthcare issues facing Marylanders across the state and on two HGO subcommittees: the Public Health and Minority Health Disparities Subcommittee and the Long Term Care Subcommittee. I also had the immense privilege once again, of being one of the Co-Chairs of the Capital Budget Sub-Committee for the Anne Arundel County Delegation. I also served as a member of the Latino Caucus, the Women’s Caucus, the Veteran’s Caucus, and the Waterman’s Caucus and was honored to take on further responsibility in the Women’s Caucus where I also served as their social media liaison and on the legislative priorities sub-committee.
This legislative session was by no means a normal one as many protocols and procedures had to change due to social distancing guidelines to mitigate the spread of COVID. I want to thank all of you who made the time and effort to contribute to committee hearings over zoom, practiced social distancing while in the complex, and are still finding ways to engage despite a global pandemic.
Despite much of Maryland staying at home my office remained hard at work to be accessible and engaging to my constituents. We attended numerous socially distanced ribbon cuttings for new businesses in the district and hosted eighteen virtual town halls on key issues ranging from vaccine roll out and small business grants, to helping navigate the confusing and overwhelmed unemployment system.
Coronavirus has been with us for a long time but there is an end in sight. I urge you all to get the vaccine when you can as it is both safe and effective. To get help scheduling please call 1-855-MD-GOVAX and schedule your appointment.
Below is a summary of the major legislation from the 2021 legislative session.
COVID and Pandemic Relief
SB 496 – Recovery for the Economy, Livelihoods, Industries, Entrepreneurs, and Families (RELIEF) Act: The House of Delegates passed the bipartisan RELIEF Act providing over $1.5 billion in pandemic relief. The RELIEF Act infuses the State’s economy with $509.0 million in spending and provides over $1.0 billion in tax relief and credits. I voted in favor of this bill and it was passed enrolled.
Maryland also raises its earned income tax credit for individuals with no children from nearly $100 to $530.
Unemployment insurance payments will be exempt from the State income tax, keeping over $225.0 million in the pockets of unemployed Marylanders.
Marylanders who qualified for the earned income tax credit in 2019 will be provided with stimulus payments of up to $500, putting over $175.0 million immediately in the hands low–income individuals and families.
Allows small businesses to keep sales tax collections of up to $9,000 over three months
Helps up to 100,000 small businesses & nonprofits to defer paying unemployment insurance taxes until the first three months of 2022 to help cash flow (they employ ¼ of MD workforce)
Forgives MD taxes on COVID loans and grants
Minority and Small Business Loans (MSBDFA): Converts up to $50,000 in Equity Participation Program loans to grants
SB 218 – Income Tax - Child Tax Credit and Expansion of the Earned Income Credit:
The House passed SB218 to expand Maryland’s $1.5B relief package to eligible Marylanders with an Individual Taxpayer Identification Number (ITIN). Without this bill nearly 86,000 immigrant tax payers would be excluded from the RELIEF Act – including the highest earned income tax credit (EITC) in the nation. The pandemic has hit low-income families the hardest and all Marylanders – regardless of their status – should have access to these critical relief benefits. I voted in favor of this bill and it was return passed
HB 581 Labor and Employment - Employment Standards During an Emergency (Maryland Essential Workers' Protection Act): This bill puts protections in place for front line essential workers during a state of emergency. Including mandating safety protections for workers, right of refusal to perform dangerous tasks, increased government oversight, and prevents employers from misclassifying essential workers as independent contractors to avoid protections. I voted in favor of this bill and it was return passed.
HB 1003 States of Emergency - Emergency Procurement and Budget Amendments - Notice and Authorization: This bill gives the General Assembly oversight over the Governor’s use of emergency procurements during a state of emergency. This is an essential check to the power of the Governor and prevents misuse of state funds. I voted in favor of this bill and it was return passed.
Unemployment Insurance Reform
An unexpected duty of my office after the onset of the pandemic became helping constituents navigate an overwhelmed and broken Unemployment Insurance office. With so many people out of work and glaring issues in the oversight by the Department of Labor many constituents found themselves unable to get critical unemployment assistance. Since last March my office helped advocate for and assist over five hundred constituents receive unemployment insurance and fix other issues with their benefits. I personally worked with the Chair of the Unemployment Sub Committee and Anne Arundel County Delegate, Ned Carey, to help craft reforms to this broken system.The General Assembly worked hard to fix these issues by passing a reform package which will:
Modernize the UI system to ensure that Marylanders can get the money to which they are entitled
Improve customer service
Create more accountability
Plan for the next emergency
Expand access to benefits
This reform package was comprised of HB(s) 907, 908, 1002, 1138, 1139, and 1143. I voted in favor of all of these bills and most of them have gone into full effect.
My Legislation
One of my main focuses as your Delegate is expanding access to mental and behavioral health treatment. Much of the legislation I introduced this session aimed to expand access to mental health services by taking down structural barriers in the way of treatment. Below are my five bills that successfully made it to the Governor’s desk this session:
HB 132/SB 41 Health – Mental and Emotional Disorders – Consent (Mental Health Access Initiative): This bill takes down a barrier that minors under the previous statute had to seek mental health services. This bill lowers the age of consent to mental health services with a licensed provider from age sixteen to twelve. This bill removes that barrier by stating that, if parental notification will deter the minor from seeking care, a provider does not have to notify the minor’s parents. HB 132 does not state that a provider must give a minor care, but centers care around the minor by giving the provider flexibility to determine when parental notification is in the minor’s best interest. Further, this bill does not extend to prescribing medication as it relates to this statute.
Additionally, this bill does not prohibit providers from seeking parental consent if they deem it is in the best interest of the minor child. Under most circumstances, providers will still seek consent from the parent or legal guardian before treating a minor child. It is only if they believe parental notification will deter the minor from seeking care and that they determine the minor is mature and capable, that they can choose to not notify the minor’s parents.
This bill eliminates a barrier many minors face in seeking mental health treatment and helps ensure that some of our most vulnerable young people are able to get the mental health help they need.
HB 368/SB 100 Task Force on Oral Health in Maryland: This bill establishes a task force to work to expand dental access in the state and determine what barriers and cracks there are in our existing dental services. This bill is needed because every year citizens pass away and fall ill due to easily prevented dental disease. This bill allows us to help ensure that all Marylanders receive the best care dentistry can provide.
HB 551/SB 393 Maryland Medical Assistance Program and Health Insurance – Coverage and Reimbursement of Telehealth Services: This bill expands and codifies access to telehealth services for those who struggle with behavioral health and substance use disorders regardless of race, income, disability or insurance coverage. This bill gives further choice to providers and consumers in how they plan the most effective and secure treatment plan to best meet the need of mental and behavioral health treatment and support. This bill itself did not pass, but was amended into HB 123 which did pass this session.
HB 758/SB684 Maryland Licensure of Certified Midwives Act: There is currently a shortage of certified midwives in the state which can lead to long wait time for those wishing to have non hospital birth plans. HB 758 expands the number of qualified midwives in Maryland by establishing a new licensure for certified midwives (CMs), a nationally recognized form of Midwifery, and a part of a national strategy to address health disparities in maternal and infant health outcomes.
HB 919/SB 638 Maryland Insurance Commissioner - Specialty Mental Health Services and Payment of Claims - Enforcement: Providers who accept medicare and medicaid services have gone months without being reimbursed by Optum which is contracted by the state to handle reimbursement. This was putting undue stress on essential mental health services which could lead to providers no longer accepting public insurance options. This bill gives oversight to the Maryland Insurance Administration (MIA) to ensure that our essential mental health providers get reimbursed in a timely fashion.
The following bills of mine did not pass this session, but I will keep working to bring them back in future sessions:
HB 377 Commission on Student Behavioral Health and Mental Health Treatment: This bill establishes a commission that would be tasked with studying, making recommendations for, and revising guidelines for practices relating to behavioral health in a public education setting to ensure that every school has clear, equitable policies in place. This bill passed the House but failed to make it out of the Senate before Sine Die.
HB 160 Environment – Wetlands and Waterways – Riparian Rights: This bill was inspired by the unlawful construction of a pier in the Cape St. Claire community in my district.. A developer was able to use a loophole in statute to attempt to strip the community of their riparian rights. The community eventually was able to get it removed after a lengthy and expensive court battle This would have secured the existing rights of landowners and communities by ensuring proper notice preventing these rights to be stripped by similar loopholes, and establishing a state run database where established riparian rights and recognized covenants can be recorded. This bill failed to make it out of the House.
HB 757 Local Health Departments and Community Action Agencies – Feminine Hygiene Products: For many low income families menstrual products, though a necessity, are simply not attainable . This bill would have allowed for local health departments to supply menstrual products to populations who are enrolled in the Maryland Medical Assistance Program. Local health departments are integrated into existing community structures and make them ideal to distribute these products. This bill failed to make it out of the House.
HJ 3 Commission to Establish a Maryland Women Veterans Memorial: This Joint Resolution calls on the Governor and the State of Maryland to establish a commission to create a Maryland Women Veterans Memorial. This bill failed to make it out of the House and next session I will be submitting it as a regular bill not a resolution.
Maryland’s Budget
HB 588 and HB 589 – FY22 State Budget: After facing a billion dollar deficit due to the COVID-19 pandemic last year, the House passed the FY22 budget that eliminates the structural deficit for the next two years, restores the Rainy Day Fund, and leaves a cash balance to account for unforeseen impacts from COVID. The budget fully funds healthcare and education funding while putting $1.5 billion into construction projects to get people back to work.
HB 590 – Capital Budget: The Capital Budget leverages nearly $2B in state capital spending – prioritizing education, recreation and support for localities. In addition to the $2.2B dedicated to school construction, the budget provides an extra $320M to build schools, modernize classrooms and provide the necessary equipment so schools can safely re-open. State and local parks will receive $130M to maintain the parks and playgrounds around the state after record use.
Through our hard work and advocacy the members of the Anne Arundel County Delegation were able to secure over 25 million dollars in state funding for capital and improvement projects around the county. I was one of the co-chairs of the Capital Budget Sub Committee and I worked with my Anne Arundel County colleagues in both the House and the Senate to secure key funding for projects and organizations in our community and county. The funding bills I sponsored and/or advocated for are listed below.
Cape St. Claire Beach Replenishment ($500,000): This project helps fix Cape St. Claire’s rapidly eroding shoreline and provide other erosion prevention and environmental protective measures. We successfully secured funding for this project and fully restored the funding which was reconsidered from the previous year’s budget.
Langton Green Community Farm ($100,000): Langton Green is a residential community farm that supports adults with intellectual disabilities. We successfully secured funding for this project.
Chrysalis House ($250,000): provides treatment for women 18 years of age and older with substance use and mental health disorders, while providing a safe and nurturing home for their children during their mothers program of recovery. We successfully secured funding for this project.
American Legion Post 276 ($52,000): This project was to help repair drainage in their kitchen and floor repairs. While funds were not available this year, I am working to find alternative funding options for them.
Pascal Crisis Stabilization Center ($300,000): provides behavioral health support for those in crisis from mental or substance related issues. This funding allows for a commercial kitchen on premises so they may best help their patients. We successfully secured funding for this project.
Anne Arundel County Fairgrounds ($85,000): provides funding for lighting and electronic signage for greater visibility. We successfully secured funding for this project.
Police and Justice Reform
HB 670 – The Police Reform and Accountability Act of 2021:
House Bill 670 overhauls the police disciplinary process and makes Maryland the first state in the nation to fully repeal the Law Enforcement Officers’ Bill of Rights. It replaces it with a civilian–driven, public–facing approach to police discipline. The bill also:
Fully repeals the antiquated Law Enforcement Officers’ Bill of Rights
Enhances civilian–driven transparency in police misconduct
Supports civilian complaints
Imposes swift and uniform penalties for police misconduct
Police agencies can no longer destroy or expunge police misconduct and disciplinary records.
Civilian–Driven Transparency in Police Misconduct
Police Disciplining Police: A single individual – the chief or head of a police agency – will no longer control the investigation, charging, and ultimate discipline of officers in a manner that is not transparent and excludes public participation.
Civilian Charging Committee: A committee of all civilians will review the complaint and resulting investigation of misconduct against an officer, providing sunlight on the investigation and charging of an officer. The charging committee makes recommendations that serve as a baseline for the discipline that an officer receives.
Trial Boards: If an officer rejects the punishment decided by the civilian charging committee and offered by the chief, they can appeal for a hearing in front of a trial board made up of a majority of civilians (2 out of 3). All trial boards will be transparent and open to the public, and both the victim and officer have the right to attend with counsel.
Command–level Deficiencies: The police disciplinary process will no longer look at just the officer accused of misconduct but also the officer’s supervisors to see if their management contributed to the officer’s actions.
Zero Destruction of Records: Police agencies can no longer destroy or expunge police misconduct and disciplinary records.
Supporting Civilian Complaints
Complaint Intake: Civilians may file complaints with their local police accountability board as well as the police department.
Victim’s Rights Advocate: Each agency must designate a victim’s rights advocate to provide a victim with information regarding the complaint, investigatory, and adjudicatory process.
Complaint Tracking: Each agency must create a database to enable a complainant to follow the status of their case throughout every step of the process.
Complainant Notice: A complainant must receive an explanation of the investigation, trial board proceeding, and the ultimate disciplinary decision. The complainant also has the opportunity to review an officer’s account prior to completion of the investigation.
Timing: The investigatory and charging stages of the complaint process must be resolved in a timely fashion.
Swift and Uniform Penalties for Police Misconduct
Uniformity: Police agencies must use a Statewide, uniform matrix to discipline officers.
Dismissal: A police officer must be fired or decertified upon conviction for felonies and certain misdemeanors.
Emergency Suspensions: A police officer may be suspended for certain misconduct and criminal charges.
Decertification: The Maryland Police Training and Standards Commission must decertify police officers who are convicted of a felony, convicted of certain misdemeanors, or were previously fired or resigned while being investigated for serious misconduct or use of excessive force.
Police Accountability Boards: Local jurisdictions must create a body of civilians authorized to review police misconduct. The PAB must reflect the diversity of the county and be confirmed by the local council/commissioners.
Police Officer Hiring and Certification
Release of Disciplinary Record: An individual who applies for a position as an officer with a Maryland police agency must, as a condition of hiring, disclose their full disciplinary record before being hired.
Implicit Bias: Police officers must continually undergo implicit bias testing and training.
Marijuana Use: Prior marijuana use is no longer a disqualifier for certification as an officer
Mental and Physical Health: Officers must submit to regular mental health and physical agility assessments.
SB 71: Maryland Police Accountability Act of 2021 - Body-Worn Cameras, Employee Programs, and Use of Force: Requires for the first time ever that all local and state law enforcement officers wear body cameras by 2025. The legislation also significantly limits the use of force by law enforcement, allows it when necessary and proportional, and requires officers to intervene when excessive force is used.
Body Cameras
Universal Usage: All police officers in the State must be equipped with and use body-worn cameras no later than July 1, 2025.
Policies on Recording and Use: Police agencies are explicitly prevented from impeding the use of body-worn cameras and body cams must retain recordings 60 seconds prior to initiation.
Employee Assistance and Early Intervention Programs
Early Warning System: Law enforcement agencies must establish data–based, early intervention systems to identify officers who are at-risk for engaging in the use of excessive force and to provide all officers who are identified with retraining and behavioral interventions, and reassignments.
Employee Assistance Program: Law enforcement agencies must establish a program that provides access to voluntary and confidential services to address the mental health issues of an officer stemming from personal and work–related concerns.
Use of Force
Strengthening Limitations on Use of Force: Police may only use force that is necessary and proportional to prevent an imminent threat of death or serious bodily injury under the totality of the circumstances. Additionally, an officer must cease using force when that force is no longer necessary.
Criminal Penalties: A police officer is subject to 10 years imprisonment for a violation of the standard.
SB 178: Maryland Police Accountability Act of 2021 - Search Warrants and Inspection of Records Relating to Police Misconduct (Anton's Law)
Senate Bill 178 provides the public with access to police disciplinary records. Additionally, the bill puts greater restrictions on how and when no-knock warrants can be served.
Transparency of Records
Public Access: Police misconduct and disciplinary records are no longer held in secret. These records can be publicly accessed under the Public Information Act, regardless of the outcome or when the record was made.
No Compliance, No Funding: A police agency can lose State public safety grants if it fails to provide data on police misconduct.
Warrants
Raising the Bar for No Knock Warrants: No knock warrants may only be used as a last resort when the life or safety of an individual is in danger.
Application for No Knock Warrants: An application for a no knock warrant must include that someone’s life or safety is in danger, and include detailed information as to why a no knock warrant is the last resort, including whether children or other people are at the location.
Timing of No Knock Warrants: A no knock warrant may only be executed between 8:00 am and 7:00 pm, and officers executing a warrant must clearly identify themselves and use body cameras.
Expiration: To prevent staleness, all warrants must be executed within 10 days of issuance.
General Warrant Execution: Police must provide occupants with 20 seconds notice before entering a residence and may not use military style stun devices when executing a warrant, absent exigent circumstances.