2020 General Assembly Wrap-up
ABC HAS SUCCESSFUL
SESSION AS MARYLAND GENERAL ASSEMBLY ADJOURNS EARLY
the shortened session, the Maryland General Assembly was still able to
introduce over 2,700 bills. ABC
identified a list of bills that were given a priority status in terms of
supporting or opposing. Here is a
synopsis of these bills, ABC’s position, and the final disposition of the bill.
722- OCCUPATIONAL SAFETY AND HEALTH- HEAT STRESS STANDARDS- ABC OPPOSED AS
DRAFTED- PASSED WITH AMENDMENTS-
bill as drafted would have created problems for the employer in terms of
work-site requirements as well as administrative recordkeeping
requirements. ABC recommended that this
issue be referred to the Commissioner of Labor and Industry with input and
review by the Maryland Occupational Safety and health Advisory Board. After numerous meetings with the sponsor, the
bill was amended to include this language.
839- LABOR & EMPLOYMENT- FAMILY AND MEDICAL LEAVE INSURANCE PROGRAM-
ESTABLISHMENT- ABC OPPOSED- - BILL DIED IN COMMITTEE
bill would have established this program which would provide up to 12 weeks of
benefits to a covered individual taking leave from employment due to a
specified personal or family health condition. The contributions to the fund
would be shared by employers and employees with both responsible for 50%. ABC argued that another leave program would
be an additional burden on businesses which have had to absorb other leave
programs passed by the General Assembly.
1249- I-495 and I-270 PUBLIC-PRIVATE PARTNERSHIP- PARTNERSHIP AGREEMENT-
REQUIREMENTS- ABC OPPOSED- BILL PASSED THE HOUSE BUT DIED IN THE SENATE
has a standing policy of opposing legislation which interjects the legislative
branch of state government in the transportation planning, design, and
construction process. This legislation
was the result of a vote by the Board of Public Works agreement to move forward
with this project initiated by the Governor.
It also contained language which would require a Community Benefit
Agreement be a part of the RFP process.
While there was no Project Labor Agreement proposed for the CBA, CBA’s
can be altered to contain similar union-only requirements.
84- STATE HIGHWAY ADMINISTRATION- CONSTRUCTION AND MAINTENANCE- PERMIT REQUIREMENTS-
(NIGHTTIME CONSTRUCTION NOISE REDUCTION ACT- ABC OPPOSED- BILL DIED IN
bill would have prohibited the State Highway Administration from issuing a
permit for work on a State highway between 10 p.m. and 6 a.m. the following day
in a residential zone, a commercial residential zone, an area within 500 feet
of one of these zones or an area within 500 feet of a dwelling. The requirement would delay a project and
increase the cost.
688- COMMISSIONER OF LABOR AND INDUSTRY- CONSTRUCTION SERVICES- STOP WORK
ORDERS- ABC OPPOSED- BILL DIED IN COMMITTEE
bill would have required the Commissioner of Labor and Industry to issue a stop
work order requiring the cessation of all business operations to employers
found to be in violation of wage and hour laws or workplace fraud laws. Not only would it require the contractor
found to be in violation to stop working, but all contractors working on the
job site. For those found in violation a
third time, it would require the cessation of work by the contractor at all
their job sites.
641- MARYLAND WAGE AND HOUR LAW AND MARYLAND WAGE PAYMENT AND COLLECTION LAW-
(MARYLAND WAGE PROTECTION ACT- ABC OPPOSED- BILL DIED IN COMMITTEE
bill would have required the employer to provide a great deal of wage and pay
period notice requirements to the employee.
For each pay period, an employer must provide the employee the following
information: dates covered by the wage
payments, the name of the employee and employer, the employer’s address and
telephone number, the rate of pay, a statement of the employee’s net earnings,
allowances claimed and the number of hours worked per workweek in the pay
period. For an employee paid at a piece
rate, the employer must provide information on the number of pieces completed
and the piece rates. An administrative
1011- PUBLIC UTILITIES- INVESTOR-OWNED UTILITIES- PREVAILING WAGE- ABC OPPOSED-
BILL PASSED SECOND READER IN THE SENATE BUT DID NOT ADVANCE ANY FURTHER
bill would have required investor-owned gas or electric utilities to require
contractor and sub-contractors to pay their employees not less than the
prevailing wage for projects involving construction, installation, demolition,
restoration or alteration. Bad public
policy as prevailing wage would have extended to parts of the private sector
1628- SALES AND USE TAX- RATE REDUCTION AND SERVICES- ABC OPPOSED- THE BILL WAS
DEFEATED IN COMMITTEE-
bill was introduced to provide funding for the Kirwan educational
recommendations but was quickly defeated.
Some of the services that were to be taxed included security, delivery,
financial planning, plumbing, environmental remediation, attorneys, accounting,
real estate and many more.
751- APPRENTICESHIP START-UP ACT OF 2020- ABC SUPPORTED- THE BILL PASSED BOTH
HOUSES AND FORWARDED TO THE GOVERNOR FOR HIS SIGNATURE
bill eliminates the termination date of the apprenticeship income tax credit,
expands the definition of an apprentice, increases the credit from $1,000 to
$3,000 and the amount of credits that can be claimed by a taxpayer.
831- LABOR AND EMPLOYMENT- WAGE PAYMENT AND COLLECTION- GENERAL CONTRACTOR
LIABILITY- ABC INITIATED THIS BILL AND SUPPORTED- BILL WAS DEFEATED IN
bill would have reduced the liability of the general contractor whose
subcontractors violate the Maryland Wage Payment and Collection law by allowing
them to resolve the violation within a certain timeframe before the violation
would proceed through the normal administrative process.
991- APPRENTICESHIP AND TRAINING COUNCIL- JOURNEYWORKER-APPRENTICE RATIOS-
ELECTRICAL CRAFT OR TRADE- ABC OPPOSED- THE BILL DIED AS THE COMMITTEE TOOK NO
legislation would have circumvented the process for establishing ratios in the
electrical trades which currently exists within the Maryland Apprenticeship
Training Council. These type of
decisions regarding ratios should remain the responsibility of the Council.
1036- VEHICLE LAWS- COMMERCIAL MOTOR CARRIERS- SAFETY, MAINTENANCE, AND
INSURANCE INFORMATION- ABC OPPOSED- BILL PASSED THE HOUSE BUT DIES IN THE
SENATE JUDICIAL PROCEEDINGS COMMITTEE
bill would have required employers of commercial motor vehicles to provide a
prospective employee drive with (1) the U.S. Department of Transportation
number of any vehicle currently owned by the employer and (2) the website
addresses for the Federal Motor Carrier Safety Administration’s safety and fitness
records system and Safety Measurement System.
This is information that should be available upon request and not
mandated by the state.
583- STATE PROCUREMENT0 PAYMENT OF EMPLOYEE HEALTH CARE EXPENSES- REVISIONS-
ABC OPPOSED (as drafted) – BILL PASSED WITH AMENDMENTS
introduced, this bill removed the MBE exemption and imposed the same health
care expenses requirement on contracts with The Maryland Stadium Authority and
the University System of Maryland.
163- LABOR AND EMPLOYMENT- LABOR ORGANIZATIONS- RIGHT TO WORK- ABC SUPPORTED-
BILL WAS DEFEATED IN COMMITTEE
have prohibited an employer from requiring, as a condition of employment or
continued employment that an employee join or remain a member of a labor
organization or pay charges to a labor organization.
OF THESE BILLS OR ANY OTHER BILL INTRODUCED DURING THE 2020 SESSION OF THE
MARYLAND GENERAL ASSEMBLY CAN BE OBTAINED BY CONTACTING MARCUS JACKSON AT
of the early adjournment, there is a possibility that the General Assembly may reconvene
for a special session in May.
depend on the status of the COVID-19 pandemic.