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Delegate Galen Clagett's Newsletter
 
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       Putting Frederick First
          Volume 4, Issue 4 
 
What's Happening in Annapolis:                                    March 2010       2010 General Assembly Session Update 
                                             
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Greetings!

Welcome to our latest 2010 General Assembly Session Update, and thank you for your continued interest in my activities in Annapolis as your State Delegate.
 
As we move into the final three weeks of this Session, discussions abound concerning a variety of bills and the State's financial situation.
 
The House Judiciary Committee passed both Republican and Democratic sponsored bills last Friday incorporating over a dozen pieces of legislation to strengthen Maryland laws against sex offenders.  Seven bills received unanimous, bipartisan approval and will now go to the floor of the House of Delegates this week for approval. We have the details of those bills provided below.

Additionally, we have an update for you on HB 92 - The Job Creation Tax Credit, and more information on the Unemployment Insurance compromise.
 
For further updates on a variety of issues affecting the citizens of Maryland's District 3A, please visit my web site www.galenclagett.com, or click here for my sponsored bills updates - and please don't forget that I'm also on Facebook and Twitter. As the committee meetings start to intensify, I will be providing live updates via Twitter.
 
It continues to be a great honor for me to represent our community in the House of Delegates. I hope you will contact me with your thoughts at galen.clagett@house.state.md.us or (301) 663-4596. Thank you again for giving me the opportunity to represent and serve our neighborhoods.
 
Sincerely,

Delegate Galen Clagett, District 3A
Frederick County, Maryland
Galen's Calendar
2010 calendar3/10 - HB 687- Water & Sewer Classifications for Municipalities, has a hearing before Environmental Matters 
 
 
3/12 - Meeting with Treasurer Kopp on Maryland's Pension Benefits
 
3/13 & 3/15 - Bond Bill Hearings - HB 37 Way Station
 
3/17 - Meeting with Liz Cromwell of Frederick County Libraries
 
3/18 - HB1458 in Appropriations
 
3/20 - Home Show at the Frederick Fairgrounds 
 
3/22 - Appropriations Committee - Capital Budget
         Public Safety and Admin - Capital Budget
 
3/23 - Public Safety and Admin - Budget Decisions
Sponsored Bill Status Update
Bill #       Bill Name                                             Hearing Status
HB 21     John Hanson Memorial                             1/26 - Pending
HB 37     Way Station                                            3/13 at 11 a.m.
HB 50     Phosphorous                                           Favorable
HB 51     Clothesline                                              2/4 - Pending
HB 53     Septage                                                  *see below
HB 489   Cell Phone                                               *see below
HB 493   Development Rights & Responsibilities       Unfavorable
HB 497   EMS Membership                                     Favorable
HB 509   State Police Retirement                            3/10 at 1 p.m.
HB 687   Water Sewer Classifications                      3/10 at 1 p.m.
HB 962   Child Neglect                                           3/4 - Pending
HB 963   Child Support                                           3/4 - Pending
HB 1033  Dog Bill                                                   3/9 at 1 p.m.
HB 1090  Correctional Officers' Bill of Rights             3/11 at 1p.m.
HB 1408  Stormwater Mgmt - Delay                    No Hearing Sched.
HB 1409  Stormwater Mgmt - Special Tax           No Hearing Sched.
HB 1458  State Police Retirement - Retirement         3/18 at 1p.m.
 
*HB 53 was formally withdrawn when its intent was accomplished through MDE regulations.
*HB 489 was formally withdrawn when Del. Clagett became co-prime sponsor of Chairman Maggie McIntosh's cell phone legislation.
Key Legislation
House Judiciary Passes a Package of Tougher Sex Offender Legislation 
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Last Friday, the House Judiciary Committee passed both Republican and Democratic sponsored bills to strengthen Maryland laws against sex offenders. These are the details of the seven bills that received unanimous, bipartisan approval and will now go to the floor of the House of Delegates this week for approval.
 
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HB 936 - brings Maryland into compliance with the federal Adam Walsh Act. The bill also requires homeless sex offenders, sex offenders convicted of indecent exposure and possessors of child pornography, and offenders who repeatedly abuse children under the age of 14 to register on the Maryland Sex Offender Registry and expands information posted on the Registry to include places of employment, other residences and a plain language description of the crime.  
 
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HB 473 - requires lifetime supervision of serious and repeat sex offenders after completing their original sentence. Lifetime supervision could include GPS monitoring, requiring ongoing polygraphs, restricting an offender's movement to their place of work and home etc. The bill also subjects juvenile sexual offenders to extended supervision.
 
HB 931 - reconstitutes the Sex Offender Advisory Board in order to make recommendations on how to best manage sex offenders and protect the public from them.
 
HB 289 - eliminates diminution credits for an offender convicted of first and second degree rape and first and second degree sex offense against a child under the age of consent (16 years old).
 
HB 599 - eliminates diminution credits for repeat third degree sex offenders, whose victims are children under the age of consent (16 years old).
 
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HB 1046 - requires a judge, instead of a district court commissioner, to determine whether a registered sex offender arrested for any crime is entitled to pretrial release and creates a rebuttable presumption that the registered sex offender poses a danger to the community.  The legislation also requires that a criminal rap sheet include documentation that someone is a registered sex offender or if they have had extended supervision.
 
HB 1053 - strengthens the State's prohibition against possessing or promoting child pornography.
 
Over the past four years, the legislature has provided several new tools to help law enforcement prosecute violent sex offenders. During the 2006 special session, the legislature passed Jessica's Law, which requires a 25 year mandatory minimum sentence for first degree rape and sex offenses. 
 
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In 2007, the legislature eliminated the possibility of parole for Jessica's Law offenders. That same year, the legislature passed a law requiring court-ordered mental health assessments of sex offenders convicted of sexual abuse against a minor.
 
In 2008, Governor Martin O'Malley and the legislature followed implementation of Jessica's Law with a bill requiring the collection of DNA on arrest for any crime of violence or felony burglary. Over 24,000 DNA samples have been eliminated from the State's backlog and, as a result, over 100 sex offenders have been arrested.
Key Legislation
The Job Creation Tax Credit HB 92
 
HB 92 is an emergency Administration bill that provides tax credits for businesses that hire unemployed workers. The credit has been increased from $3,000 per employee to $5,000 per employee
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and is only valid for an employee hired between the effective date of the bill and December 31, 2010.
  A total of $20 million in credits would be provided. 
 
Each employer could claim a maximum of $250,000 in tax credits, equating to 50 employees hired per employer. A qualified employer must be operating a business in Maryland and filing State income tax returns, or be a nonprofit organization, and certified as eligible by DLLR.  A qualified employee hire must be a State resident, must be currently receiving unemployment insurance benefits or have exhausted their unemployment insurance benefits in the last 12 months, and cannot be employed full time.   
 
The job must be a full-time position without an
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expiration date and either a new job or a vacant job for at least 6 months.  The job must exist for a minimum of one year. A position can't be shifted from another location in the State unless it is a new job and also cannot be created by a change in ownership or through consolidation, merger, or restructuring of a business.  Additionally, employers cannot shift employment functions or displace an existing employee. If a qualified employee leaves the job, another person may be hired and the employer will receive a credit for that replacement employee, but the credit may not be granted for more than 12 months of employment for a qualified position. The credit can only be taken on tax year 2009, 2010, or 2011 returns and is refundable.
 Unemployment Facts & Figures
 
 > National unemployment is currently 9.7%, and Maryland unemployment is around 7.5%.
 
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 > The current average duration of unemployment is 29 weeks, the longest since record keeping began in 1948.  Unemployment insurance benefits are provided for 26 weeks.   

 > The UI Trust Fund has seen a 92% increase in claims over the last two years.  More than 400,000 claims were filed in 2009.

 > In fiscal 2009, the State paid out $891 million in unemployment benefits, as compared to $478 million in fiscal 2008.  In addition, 93,000 people exhausted their benefits in 2009, up from 35,000 in 2008.
 
Background on UI Benefits and Non-Citizens


 > State law specifically addresses eligibility for non-citizens to collect UI benefits. In addition, under federal rules, a worker must
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demonstrate they are working legally in order to get UI benefits.

 > They must give a Social Security Number (SSN), or otherwise demonstrate their legal status for UI benefits.  If they have a SSN, DLLR goes directly to the Social Security Administration (SSA) to verify the number, name, and date of birth.  If there is a discrepancy, the worker has to go to SSA to straighten it out.
 
 > There is no other system that can be used, including E-Verify, to do a more comprehensive job than how it is done now by DLLR through direct contact with the Social Security Administration and the Department of Homeland Security.  E-Verify is available to other departments and private companies to access information for this purpose, but DLLR does not need E-Verify.
More News from Annapolis  
Unemployment Insurance Compromise Reached
 
The Governor and state business and labor leaders have reached an agreement to make significant changes to Maryland's current Unemployment Insurance System.
 
The changes will provide needed relief for some employers and improve the long term health of the UI fund with benefit changes while making more Marylanders eligible to receive unemployment benefits. 
Send your feedback, input, and questions directly to Galen at Galen@GalenClagett.com or become a friend of Galen's on Facebook.