Facing an unprecedented number of bills that would have had a negative impact on the membership and the industry, ABC beat back a barrage of legislation and ended the Maryland General Assembly session with a tremendously successful win-loss record. None of the priority bills opposed by ABC were passed, which is a remarkable accomplishment based on the political makeup of the General Assembly and the Administration. The State budget situation and the downturn in the economy forced legislators to look more closely at the impact legislation would have on the State's revenue situation and the business community. The following is a final summary of those bills lobbied on during the session by the ABC Maryland Joint Legislative Committee. Kudos go out to all who attended weekly Committee meetings with special thanks to Chairman Phillip Martien of Phillips Way, Inc. who directed the efforts of the Committee during the 90-day session, and Mike Pappas of Harrison Law Group who did an extraordinary job on the misclassification of employees legislation on behalf of ABC.

H.B. 70- Construction Industry- Misclassification of Employees- ABC OPPOSED- The bill was ultimately withdrawn in favor of a broader bill (H.B. 1590) dealing with the same subject.

H.B. 1590- Misclassification of Employees as Independent Contractors- This Administration-backed bill was quite similar to H.B. 70, but extended the regulations to all businesses, not just the construction industry. ABC OPPOSED. Several ABC members met with representatives of the Administration in an effort to work out the problems with this bill. When it was ultimately determined that a compromise would not be possible, ABC testified in opposition to the bill before the House Economic Matters Committee. The bill was killed in the Committee by a vote of 18-3.

H.B. 40- Flexible Leave Act- ABC OPPOSED- This bill requires employers with 15 or more employees who offer leave to allow employees to use this leave to care for ill children, parents or spouses. The bill was enacted and now awaits the Governor's signature. ABC is considering asking the Governor to veto this bill.

H.B. 431- State Board of Heating, Ventilation, Air-Conditioning and RefrigerationContractor and State Board of Plumbing- Firm Permit- ABC OPPOSED- This bill would require any business falling under the administration of the aforementioned bodies to obtain a business permit as well as any individual permits already required under law. The bill died in the House Economic Matters Committee.

H.B. 685- Police and Court Records- Nuisance Crimes- Expungement- ABCSUPPORTED- This bill would expunge specified nuisance crime convictions off an individual's police and court record. The bill wasenacted and awaits the Governor's signature.

H.B. 694- Public Health- Construction Sites- Rest Rooms- ABC OPPOSED- This bill would have required construction sites to have lavatory and toilet facilities hooked up to public water and sewer if within 200 feet of these lines. The bill was withdrawn by the sponsor.

H.B. 699- Maryland Crane Operators Act- ABC OPPOSED- The bill would require crane operators to obtain a license and have worked a set number of hours operating a crane before being able to obtain a license. The bill was withdrawn.

H.B. 970- Procurement- Prevailing Wage- ABC OPPOSED- The bill would have required the payment of prevailing wage rates on any State project with any amount of State funding. The bill was given an unfavorable report by the House EconomicMatters Committee.

H.B. 982- Casino Gaming- Project Labor Agreements- ABC OPPOSED- This bill would have required all future casino gaming facilities to be constructed using a project labor agreement (PLA). The bill died in the House Ways and Means Committee.

H.B. 990- Procurement- Responsible Bidder- Standards- ABC OPPOSED- The bill would have added new criteria a contractor must meet to qualify as a responsible bidder on a State project. The new criteria included providing training and apprenticeship opportunities, having an exemplary record with regard to compliance with state and federal laws and regulations governing employee health and safety, compliance with State prevailing wage laws and compliance with the federal Fair Labor Standards Act. The bill was given an unfavorable report by the House Health and Government Operations Committee.

H.B. 1152- Workers' Compensation Insurance- Premium Rates- ABC OPPOSED- The bill would have increased the cost of workers' compensation insurance for Maryland employers. The bill was given an unfavorable report by the House Economic Matters Committee.

H.B. 1154- Workers' Compensation Insurance-Permanent Partial Disability- Benefit-ABC OPPOSED- The bill would have increased the cost of workers' compensation insurance to employers. The bill waswithdrawn by the sponsor.

H.B. 1155- State-Funded Construction Projects- Apprentices- ABC OPPOSED- The bill would have required a contractor to have a registered apprenticeship program or be a member of an organization that provides a registered program in order to bid on State construction work. The bill was referred for summer study. ABC anticipates being a part of the group to examine this issue.

H.B. 1156- Labor and Employment- Pay Disparity Data- Reporting- ABC OPPOSED- The bill requires an employer to keep certain new data as it relates to employee wages. In addition to keeping information on wages of employees and job classification of employees, new requirements would include keeping data on the racial classification of employees and the gender of employees, to be analyzed by the Maryland Labor Commissioner. The bill does sunset in five years. The bill was enacted and signed into law by the Governor.

H.B. 1235- Maryland Wage and Hour Law- Payment of Overtime- ABC OPPOSED- The bill would have altered the manner in which overtime is determined to include both a weekly and daily calculation. The bill died in the House Economic Matters Committee.

H.B. 1283- State Construction Projects- Contractors and Subcontractors- Employer-PaidHealth Care Required- ABC OPPOSED- This bill would have required a contractor or subcontractor to provide paid health care to its employees in order to be able to bid on a State construction project. The bill was withdrawn.

H.B. 1392- Labor and Employment- Maryland Wage and Hour Law- Civil Penalties-ABC OPPOSED- The bill would have increased the amount of civil penalties that may be imposed for a violation of the Wage and Hour Law. The bill passed the House but died in the State Finance Committee.

H.B. 1393- Labor and Employment- Maryland Wage and Hour Law- Criminal Penalties-ABC OPPOSED- This bill would have created criminal penalties for violation of the Maryland Wage and Hour Law. The bill was given an unfavorable report by the House Economic Matters Committee.

H.B. 1416- Intercounty Connector (ICC)- Impact on Global Warming Study- ABCOPPOSED- The bill would have required an additional study be done on the ICC project before any funds could be spent. The bill was given an unfavorable report by the House Environmental Matters Committee.

H.B. 1471- Intercounty Connector (ICC)- Elimination of Funding- ABC OPPOSED- This bill would have eliminated funding for the ICC. The bill died in the House Appropriations Committee.

H.B. 1526- Demolition Work- Safety Provisions and Permitting- ABC OPPOSED- This bill would have created new safety provisions and additional permitting requirements for certain types of demolition work. The bill died in the House Environmental Matters Committee.

H.B. 1580- Unemployment Insurance- Maximum Benefit- Increase- ABC OPPOSED- The bill would have substantially increased the maximum unemployment insurance benefit. The bill died in the House Economic Matters Committee.

S.B. 46- Budget Financing Act- ABC SUPPORTED WITH AMENDMENT- This is the bill that repeals the computer service tax and creates a new income tax bracket for individuals earning more than $1,000,000 per year. ABC supported the repeal of the computer service tax, but opposed the creation of the new income tax bracket. The bill was enacted and signed by the Governor.

S.B. 186- Department of General Services- Small Procurement Process- ABCSUPPORTED- The bill increases from $25,000 to $50,000 those projects that fall under the guidelines of the small procurement process. The bill was enacted and was signed by the Governor.

S.B. 203- Department of Labor, Licensing and Regulation- Consolidation of Workforce Development Functions- Transfer of Adult Education and Literacy Services andEducation Programs for Correctional Facilities- ABC SUPPORTED- The bill puts most of the adult training and educational programs under the auspices of the Workforce Development Division within the Department of Labor, Licensing and Regulation. The bill was enacted and awaits the Governor's signature.

S.B. 208- High Performance Buildings Act- ABC SUPPORTED- The bill requires all new or renovated State buildings, including schools, to be constructed as high performance buildings. The bill was enacted and awaits the Governor's signature.

S.B. 297- Tax Credit for Employer Established Work-Based Learning Programs forStudents- ABC SUPPORTED- This bill provides a tax credit to employers providing work-based learning programs for students between the ages of 18-23. The bill was enacted and awaits the Governor's signature.

S.B. 309- Global Warming Solutions- Reductions in Greenhouse Gases- ABCMONITORED THIS BILL- This bill created short- and long-term goals for the State to achieve in the reduction of greenhouse gases. The bill passed the Senate, but died in the House Economic Matters Committee.

S.B. 313- Construction Contracts- Retention Proceeds- ABC MONITORED THIS BILL- The bill limits the amount of retention a contractor may withhold to 5% on private projects. The bill was enacted and awaits the Governor's signature.

S.B. 328- Unemployment Insurance- Eligibility- Part-Time Work- ABC MONITORED THIS BILL- The bill would have extended unemployment insurance benefits to part-time workers. The bill passed the Senate, but died in the House Economic Matters Committee.

S.B. 776- Tax Credit for Employer-Established Paid Work-Based Learning Programs-ABC SUPPORTED- This bill was introduced at the request of ABC and would have provided a tax credit to employers providing apprenticeship training or language skills programs. The bill died in the Senate Budget & Taxation Committee due to the fiscal impact of the legislation.

S.B. 834- Heating, Ventilation, Air-Conditioning, and Refrigeration Contractors-Criminal Background Checks- ABC OPPOSED- The bill would have required criminal background checks on all individuals involved in the listed trades prior to a license being issued to the individual. The bill was withdrawn.

If you are interested in obtaining a copy of one of the bills listed above, or any other bill introduced during the 2008 session of the Maryland General Assembly, contact Bob Zinsmeister.