3/14/11: Senator Zirkin's Legislative Update

With a few short weeks left in the 2011 Session of the Maryland General Assembly, I wanted to update you on a few issues of importance to our community.  This Session Update will only cover a handful of the hundreds of bills that are being debated in Annapolis.  If you have any questions or comments on these or other issues of interest, please don't hesitate to contact me.

As you may have heard, legislation granting marriage equality to same-sex couples did not pass the House of Delegates.  After a long and emotional debate in the Senate, I am proud that we voted to extend equal marital rights to all Marylanders.  Unfortunately, the House fell short of a majority for this legislation.  I look forward to working with my colleagues in the coming Session to make this important bill a reality in Maryland. 

Another controversial bill to hit the Senate floor would grant undocumented immigrants residing in Maryland in-state tuition rates at public Universities and Colleges.  I did not support this legislation.  Under the bill, the student would have to first attend two years at a community college before transferring to a four-year institution, and also show some proof of paying taxes to the State.  I voted against the bill for a number of reasons including the fiscal impact and that the bill simply ignores federal immigration law.  Although I am sympathetic to all who seek to obtain a top education, I do not believe our state should be in the position of ignoring federal law.

I am proud to report that a bill has passed both Houses that does away with the two year 'non-voluntary' separation in divorce law.  Under the current law, many divorcing couples were forced to wait for two years before filing for a divorce if the separation was not 'voluntary and mutual.'  The effect of the law was to keep individuals bound in often volatile situations without the ability to move on.  Under the bill that has passed, a separation, whether voluntary or not, must only be for a year before individuals can file for divorce.  This is a major change in domestic relations law, and I am proud to have worked on this bill with my House colleague Delegate Luiz Simmons.

The Senate unanimously passed Senate Bill 479, which would require any company placing a bid for a MARC train contract to disclose their activities during World War II.  You may have read that the parent company of a group seeking to contract with the Maryland State Department of Transportation was responsible for transporting thousands of Jews to Nazi concentration camps.  The bill would require the company to make public any related records for full transparency.

As a member of the Senate Judicial Proceedings Committee, I have the opportunity to hear legislation on issues including civil procedure, family law, criminal law and procedure, estates and trusts, traffic law, and much more.  I am proud that JPR has voted favorably on a number of important public safety laws in the past few weeks.  The Drunk Driving Elimination Act, sponsored by Sen. Jamie Raskin, mandates the use of the ignition interlock for first convictions of drunk driving.  I am also proud to have voted for SB 483 which would have allowed a person to seek punitive damages against a drunk driver for causing personal injury or wrongful death.  Unfortunately, this legislation fell short.

JPR has also made progress on legislation that seeks to protect our most vulnerable Marylanders.  I am very supportive of Lieutenant Governor Anthony Brown's campaign to criminalize child neglect in Maryland.  I have also been working very closely with advocates for victims of human trafficking to strengthen our laws in this area.  Among the provisions in these bills are those that allow a victim to seek restitution and a new expungement provision for those forced into prostitution by human traffickers.

Our committee has passed a number of important bills in the area of civil litigation.  I have sponsored or co-sponsored four important bills in this area.  The first would mandate that an insurer provide the last known address of a Defendant in an accident case.  The second would allow the use of writtent estimates in the "10-105" submitted to the Court in District Court civil cases or Circuit Court cases within the jurisdictional limits.  The third would mandate that under certain circumstances, an insurer must provide insurance liability limits prior to the filing of a civil action.  And the fourth would provide alternative means of service of process in civil disputes.  All but the fourth bill have passed the Committee and should all pass the full Senate by the end of the week.  Although procedural in nature, the culmination of these four bills will have a dramatic and positive effect on civil cases in our state, create a smoother and simpler process, and encourage settlement of cases.

Tomorrow, the Senate begins debate on the Maryland Wine Shipping Act.  Consumers may soon be able to have those hard-to-find bottles shipped directly to their homes.  The Senate EHEA Committee has passed a version of this legislation and I am cautiously optimistic that it will have smooth sailing in the full Senate.

As you may have heard, legislation to create a hybrid school board failed this year.  Instead, a study commission will be formed to examine all options for creating greater accountability for our school system.  It has always been may belief that elected representation offers the best hope for that outcome, and I look forward to this continuing debate.  I am hopeful that our delegation will soon agree that the members of this board should be selected by the people that they are there to serve.

I am proud that an important bill on the Department of Juvenile Services has quietly passed the Senate.  The bill demands an accounting of recidivism rates and other important data for any out of home placement in our state where DJS kids are placed.  We have continued to legislate without this critical information and place kids into environments where we have no knowledge of success rates.  This common sense legislation is another step in fixing our broken DJS system.

Finally, on the local front, I am proud to say that progress on the future of Rosewood continues.  As you may know, the Board of Public Works and Baltimore County have already set in motion a future sale of Rosewood to Stevenson University.  Stevenson is rapidly becoming the jewel of Northwest Baltimore County and their plan for Rosewood is nothing short of spectacular.  I will continue to keep you posted as progress continues.

I hope you will continue to take the opportunity to contact my office this Session with any issues of interest or concern.  My Annapolis staff may be reached via phone at 410-841-3131 or email at bobby.zirkin@senate.state.md.us.  I continue to welcome your thoughts as the Session moves toward Sine Die. 

Thank you for your continuing support.  It is truly an honor to represent you in the Maryland State Senate and I look forward to hearing from you soon.