General Assembly Heads Toward Manic Monday

By Annapolis Notebook
Friday, March 23, 2007

The flow of legislation has picked up considerably in recent days in the Maryland General Assembly as lawmakers face a Monday deadline for bills to clear at least one of the two chambers. The floors of the Senate and House of Delegates were abuzz yesterday with debate over bills that could die if not passed by then.

Among them is a proposed statewide ban on smoking in bars and restaurants. The Senate began considering a bill that would exempt nonprofit groups and cigar bars and allow other businesses to apply for hardship waivers.

To accommodate the heavy workload in the final weeks of the 90-day legislative session, the House has scheduled a rare Saturday session. The pace will not slow much after Monday's so-called crossover deadline, as lawmakers have a two-week sprint toward adjournment April 9.

Yesterday also marked the session's first bill-signings by Gov. Martin O'Malley (D), including legislation to prohibit the creation of new ground rents in Maryland.

Ground rents, a colonial-era relic used primarily in the Baltimore area, require homeowners to pay small fees on the land that their homes occupy. The Baltimore Sun last year highlighted cases in which ground-rent owners used them to evict homeowners over relatively small debts.

O'Malley was joined at the signing ceremony by House Speaker Michael E. Busch (D-Anne Arundel) and Senate President Thomas V. Mike Miller Jr. (D-Calvert).

Here's a look at some of the floor action from both chambers:

House of Delegates

The House moved to close a loophole that allows some developers and out-of-state businesses to avoid paying taxes on real estate transactions.

Under the bill, which passed 101 to 35, the proceeds would go to defray admission costs at state parks, boost state land preservation funding and help counties pay for school construction.

Legislative analysts estimate that an additional $7 million would be collected for state programs next year as well as an additional $24 million for county school construction. Those figures would increase considerably in coming years.

"This is about basic fairness in our tax code," Busch said. "Developers and out-of-state business interests should not be able to avoid the closing costs that working families have to pay."

Current law allows for the creation of controlling interest companies to avoid paying transfer and recordation taxes on real estate valued at more than $1 million.

Similar legislation has passed the House in previous years but stalled in the Senate. Miller said he is skeptical that his chamber will pass the bill this year.

Senate

Under a bill approved by the Senate, juveniles who commit a sex offense may be placed on the state's sex offender registry after they turn 18 if the court finds they are at risk of committing another sexual offense.

The bill, sponsored by Sen. Bri an E. Frosh (D-Montgomery), would affect juveniles who are at least 13 when they commit their crimes.

The Senate also agreed yesterday to prohibit its members from awarding scholarships to family members. The move followed action last week that increased the amount senators may award under the long-standing scholarship program.

"We are getting negative attention, and we can take a simple action that can avoid that," Sen. Bryan W. Simonaire (R-Anne Arundel) said of the bill, which he sponsored and which passed yesterday on a 39 to 8 vote.

Sen. E.J. Pipkin (R-Queen Anne's), who opposed the measure, said the General Assembly should not try to legislate common sense.

Ex-Felon Voting Rights

Former felons would be allowed to register to vote under bills that moved closer to final passage in the House and the Senate.

Under current Maryland law, people convicted of two or more felonies must wait three years after their sentences are completed before they can vote. Persons with two violent felony convictions cannot vote. The bills would repeal those restrictions.

"It provides another incentive for an ex-offender to do the right thing," said Sen. Roy P. Dyson (D-St. Mary's).

Two Republicans -- Sen. Alex X. Mooney (Frederick) and Sen. Nancy Jacobs (Harford) -- tried to amend the bill in the Senate to prohibit those who are found guilty of two murders or sexual abuse against minors from being able to vote. Both amendments failed.

-- Ovetta Wiggins and John Wagner