2018 Maryland legislative session

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2018 legislative sessions coverage
Maryland General Assembly

Seal of Maryland.jpg
General information
Type:   State legislature
Term limits:   None
Session start:   January 10, 2018
Session end:   April 9, 2018
Website:   Official Legislature Page
Leadership
Senate President:   Thomas Miller (D)
House Speaker:  Michael Busch (D)
Majority Leader:   Senate: Douglas Peters (D)
House: Bill Frick (D)
Minority Leader:   Senate: J.B. Jennings (R)
House: Nicholaus Kipke (R)
Structure
Members:  47 (Senate), 141 (House)
Length of term:   4 years (Senate), 4 years (House)
Authority:   Art III, Maryland Constitution
Salary:   $46,061/year + per diem
Elections
Redistricting:  Maryland General Assembly has control

This page provides an overview of the 2018 Maryland General Assembly and its general and special sessions. The timelines below contain noteworthy events from the sessions curated by Ballotpedia throughout the year.

If you know of any additional events that should be added to this page, please email us at [email protected].

Übersicht

In 2018, the Maryland General Assembly was in session from January 10, 2018, through April 9, 2018.

Partisan control

Maryland was one of 16 states under a divided government in 2018, meaning it did not have a state government trifecta. A state government trifecta occurs when one political party holds the governor's office, a majority in the state Senate, and a majority in the state House. For more information about divided governments and state government trifectas, click here.

The following tables show the partisan breakdown of the Maryland General Assembly in the 2018 legislative session.

Senate

Party As of July 2018
     Democratic Party 33
     Republican Party 14
     Vacancies 0
Total 47

House

Party As of July 2018
     Democratic Party 91
     Republican Party 50
     Vacancies 0
Total 141

Leadership in 2018

Senate

House

Regular session

Status of legislation at the end of the regular session

This table details the status of legislation covered on this page at the end of the regular session.

Status of legislation at the end of the 2018 regular session
Legislation Subject area Actions during the regular session Status at the end of the regular session
SB 2 Revoke parental rights of rapists Passed Senate
Passed House
Governor signed
HB 888 Ban bump stocks Passed House
Passed Senate
Governor vetoed
HB 1302 Enact extreme risk protection order Passed House
Passed Senate
Governor signed
HB 1646 Prohibit domestic violence offenders from owning a firearm Passed House
Passed Senate
Governor signed
HB 1342 Change General Assembly sexual harassment policies Passed House
Passed Senate
Governor signed
SB 127 Decriminalize possession of 1 oz. of marijuana Passed Senate Did not see further action
HB 1783 Alter school construction funding decision rights Passed General Assembly
Governor vetoed
Veto overturned
SB 1267 Reduce Maryland health insurance premiums Passed General Assembly Governor signed
SB 1048 Enact automatic voter registration Passed General Assembly Became law without governor's signature
SB 528 Change state hate crime law Passed General Assembly Governor signed
HB 2 Increase medical marijuana-grower licenses Passed General Assembly Governor signed
SB 185 Budget Passed General Assembly Governor signed

January 6, 2018

Local media reports "things to know" about the 2018 legislative session
The Frederick News-Post identified eight "things to know" about the upcoming 2018 state legislative session. These include potential legislative action to address paid sick leave, redistricting, brewery production and sales, medical marijuana, state and local taxes, school facilities, opioid abuse, and capital funding for a hotel and conference center in Frederick, Maryland.[1]

January 30, 2018

Senate passes bill revoking parental rights of rapists
The Maryland State Senate unanimously voted to pass a bill that would allow rape victims to terminate the parental rights of their assailants if the child was conceived as a result of the rape. The bill's main sponsor, Del. Kathleen Dumais (D), had pushed for the legislation since 2007. At the time it passed in the Senate, it had already been given unanimous initial approval in the House and Gov. Larry Hogan (R) had already promised to sign the bill.[2]

Update: The state House approved the legislation on February 9, 2018, and Gov. Larry Hogan (R) signed it on February 13, 2018.

February 13, 2018

Gov. Hogan (R) signs bill revoking parental rights of rapists
Gov. Larry Hogan signed Senate Bill 2 (SB 2), called the Rape Survivor Family Protection Act, into law. The law, effective immediately, allows women who became pregnant as a result of sexual assault to petition to terminate the parental rights of their assailants.[3] Similar legislation was introduced in the state Legislature in the 2015, 2014, 2013, 2009, 2008, and 2007 sessions. Previously, state law required courts to make parental rights decisions based on the best interest of the child. Courts didn't deny all visitation rights except under exceptional circumstances, which the Maryland Department of Legislative Services described as "a high threshold to meet."[4]

According to the National Conference of State Legislatures, 30 other states as of April 2017 allowed rape victims who became pregnant to terminate the parental rights of their perpetrators.[5] The Baltimore Sun reported that prior to the passage of SB 2, Maryland was one of six states without laws allowing pregnant rape victims to terminate an attacker's parental rights.[6] Read more here.

March 15, 2018

Maryland House of Delegates approves gun-related legislation
The Maryland House of Delegates advanced three firearms-related measures.

  • House Bill 888. HB 888 advanced 128 to 7 and would prohibit the ownership, manufacture, sale, or transportation of a bump stock or other rapid-fire trigger accelerators in the state. The bump stock, which allows semi-automatic firearms to fire similarly to automatic weapons, was linked with the October 2017 mass shooting in Las Vegas. HB 888 would set the maximum penalty for violations at three years imprisonment, a $5,000 fine, or both.[7][8] According to the National Conference of State Legislatures, at least 15 other states and several localities have proposed prohibiting bump stocks.[9]
  • House Bill 1302. The House of Delegates approved HB 1302 by a 116 to 17 vote. HB 1302 would require gun owners to temporarily surrender their firearms if they are deemed by a judge to be an immediate threat to themselves or others.[10] According to CNN, similar laws were already in effect in Connecticut, Indiana, California, Washington, and Oregon, and 24 state legislatures had introduced or considered similar legislation in the 2018 legislative session as of March 2018.[11]
  • House Bill 1646. HB 1646 passed 127 to 7 and would make it illegal for individuals convicted of a domestic violence-related crime to possess or own a firearm. On conviction, the court would require the individual to surrender all firearms in their possession to local law enforcement and provide proof of the transfer.[12] According to the Giffords Law Center to Prevent Gun Violence, fourteen states require the surrender of firearms after a domestic violence conviction.[13] The Gifford Law Center describes itself as "dedicated to researching, writing, enacting, and defending proven laws and programs" and "on a mission to save lives from gun violence by shifting culture, changing policies, and challenging injustice."[14]

Republican Gov. Larry Hogan said he would support the legislation.

Update:
  • The state Senate approved HB 888 on April 4, 2018, and Gov. Larry Hogan (R) vetoed the legislation on May 25, 2018, on the grounds that it duplicated an existing law.[15]
  • The state Senate passed HB 1302 on April 6, 2018, and Gov. Larry Hogan (R) signed it on April 24, 2018.
  • The state Senate approved HB 1646 with amendments on April 6, 2018. The House did not agree to the amendments. A conference committee approved a compromise bill on April 9, 2018, and Gov. Larry Hogan (R) signed it on April 24, 2018.

March 19, 2018

State House votes to include lobbyists in General Assembly sexual harassment policies
The Maryland House of Delegates unanimously voted in favor of including lobbyists in the General Assembly's sexual harassment policies. Lobbyists would be prohibited from harassing other lobbyists, lawmakers, and legislative and executive staff members. The State Ethics Commission, which has jurisdiction over lobbyists, would review complaints against lobbyists, create a workgroup to decide on potential consequences of sexual misconduct, and conduct sexual harassment training. The measure would also allow sexual harassment complaints to be referred to an independent investigator, rather than the legislature's human resources department or the ethics committee.[16]

The House passed the measure almost one week after Delegate Cheryl Kagan (D) accused lobbyist and former Delegate Gil Genn of sexual harassment, according to The Washington Post on March 11. Kagan filed a formal complaint against Genn, who denied the accusation.[17]

The proposed provisions, which incorporated recommendations submitted by the Women Legislators of Maryland in February, were sent to the Maryland State Senate for consideration.[16]

Update: The Senate approved the legislation on April 6, 2018, and the governor signed it on May 8, 2018.
See also: Sexual misconduct in state capitols (2017-2018)

Maryland Senate passes marijuana-related bill
The Maryland State Senate advanced a bill that would decriminalize possession of one ounce (about 28 grams) of marijuana, up from 10 grams. Under the bill, state residents in possession of one ounce or less of marijuana would face a $100 civil fine. The bill increases penalties for driving or riding in a car passenger seat while smoking. Bill sponsor Sen. Robert Zirkin (D) said the bill would align Maryland with 22 other states that have decriminalized small amounts of marijuana possession. The bill passed 36 to 11 and was sent to the state House for consideration. Maryland decriminalized possession of 10 grams of marijuana in 2014.[18] Read more here.

Update: The legislation was sent to the state House, where it did not see further action.

April 4, 2018

Gov. Hogan vetoes legislation about school construction funding
Republican Gov. Larry Hogan vetoed legislation that would have changed the way the state funds school construction projects. The Democratic-controlled Maryland State Senate approved the measure with a 29-14 vote—enough to override a veto—on March 29. The legislation would have transferred school construction decision rights from the state Board of Public Works, which consists of the governor, comptroller, and treasurer, to a commission of state officials and members appointed by the governor, House speaker, and Senate president.[19]

Gov. Hogan announced in a Facebook post that he vetoed the legislation: "This tone-deaf, partisan bill was one of the most outrageous and irresponsible actions ever taken by the Maryland General Assembly; it was passed at the last minute, in secret and was rammed through with no hearings, no public input, and no notice in smoke-filled back rooms." He accused Democratic Sens. Jim Mathias, Katherine Klausmeier, and Ronald Young, of giving in "to political pressure from the Senate President" and encouraged constituents to "hold them accountable for the choice they make during the veto override vote."[20]

According to The Baltimore Sun, Mathias and Klausmeier voted in favor of the legislation even though they supported Republican amendments. Klausmeier released a Facebook video in which she said she voted for the bill because the "pros outweighed the cons" and added, "Did I like the whole bill? Not really."[21] Sen. Young said in a Facebook video that he thought the legislation "was a very good bill and will help take us to where we need to go with education."[22]

Update: The General Assembly overturned the governor's veto on April 5, 2018.

General Assembly sends bill aiming to reduce premiums to governor's desk
The Maryland General Assembly approved legislation that would raise a projected $380 million in revenue by imposing a temporary, one-year tax on insurance companies. The bill aims to lower premiums by using the revenue to pay for high-cost insurance claims.[23] Maryland Commissioner of Insurance Alfred Redmer told Bloomberg Law that the legislation would reduce premiums by about 20 percent and without the legislation, premiums in the state could rise to 50 percent in 2019.[24]

The bill had the support of the Maryland Hospitals Association and CareFirst BlueCross BlueShield.[25]

The Baltimore Sun reported that Alaska, Minnesota, Oklahoma, Oregon, Maine, Iowa, and New Hampshire, had created or considered similar programs at the time of the bill's passage.[25] Read more here.

Update: Gov. Larry Hogan (R) approved the bill on April 5, 2018.

April 5, 2018

Maryland General Assembly votes to override Hogan veto of school construction funding bill
The Democratic-controlled Maryland General Assembly voted to override Republican Gov. Larry Hogan's veto of a bill concerning school construction funding. The House voted 90 to 48 and the Senate voted 29 to 15 to override the veto.[26]

The legislation authorized a commission of state officials and appointed members, rather than the state Board of Public Works, to make decisions about school construction projects.[19] Sen. Bill Ferguson (D) said, "We are creating a process that is fair and is transparent and will expedite projects we really know are necessary." Gov. Hogan said the General Assembly "opened the door to corruption in the school construction process" by overriding the veto and called on legislators to repeal the bill next session.[26] Read more here.

Maryland becomes 11th state to enact automatic voter registration
On April 5, 2018, SB1048, creating an automatic voter registration system in Maryland, became law after Governor Larry Hogan (R) declined to sign or veto it. The legislation provided for the automatic registration of eligible voters when they complete transactions at the following state agencies: Motor Vehicle Administration, Maryland Health Benefit Exchange, local departments of social services, the Mobility Certification Office, and the Maryland Transit Administration. The law was set to take effect by July 1, 2019. The Maryland State Senate approved the bill by a vote of 31-13 on March 16, 2018. The Maryland House of Delegates followed suit on March 28, 2018, by a vote of 93-46.[27][28]

See also: Automatic voter registration

April 6, 2018

Senate approves sexual harassment measure
The Maryland State Senate approved a measure that would change the Maryland General Assembly's policy on sexual harassment complaints. The Maryland House of Delegates advanced the measure on March 19 but the House needed to vote a second time to approve Senate changes.

Under the Senate measure, sexual harassment complaints would be referred to an independent investigator in all situations. The House version required an independent investigator only in certain situations. The Senate version would also prohibit taxpayer money from being used in a sexual harassment lawsuit. Both the Senate and House versions included lobbyists in their sexual harassment prevention provisions.[29]

Update: The House approved Senate amendments on April 9, 2018, and Gov. Larry Hogan (R) signed the measure on May 8, 2018.
See also: Sexual misconduct in state capitols (2017-2018)

April 7, 2018

Maryland General Assembly approves changes to hate crime law
The Maryland General Assembly approved Senate Bill 528, which would change the state's hate crime law. SB 528 would include new wording to clarify that it is illegal to "commit specified acts against another person’s or group’s race, color, religious beliefs, sexual orientation, gender, disability, or national origin, or because another person or group is homeless."[30] The bill passed unanimously in the Senate and was approved by a 129-4 vote in the House.[31] Read more here.

Update: Gov. Larry Hogan (R) signed SB 528 on May 8, 2018.

April 9, 2018

Lawmakers approve medical marijuana bill
The Maryland General Assembly passed a bill to increase the number of medical marijuana-grower licenses from 15 to 22. Under the bill, two licenses would go to two companies that took legal action over the licensing process. The bill included provisions to help minority-owned companies obtain the four remaining licenses. The number of marijuana processor licenses would also increase from 15 to 28.[32] Read more here.

Update: Gov. Larry Hogan (R) approved the legislation on May 15, 2018.

May 8, 2018

Gov. Hogan signs bill establishing new sexual harassment rules for state legislature
Republican Gov. Larry Hogan signed HB 1342, which updates sexual harassment policies in the Maryland General Assembly. The bill authorizes the legislature's Joint Ethics Committee to send sexual harassment complaints to an independent investigator and requires an independent investigator if a harassment complaint has been filed against the same member more than once. The bill also includes lobbyists in the sexual harassment policies.[33][34][35] Read more here.

Budget

2018

The Maryland General Assembly approved a $44.5 billion budget bill on March 27, 2018.[36] The bill cut spending on the teacher retention program by $2 million, allocated 40 million for school safety initiatives, increased K-12 funding, and appropriated funds for the capital budget to Baltimore city public schools.[37]

Maryland Senate unanimously approves budget bill
A $44.5 billion budget bill passed the Democratic-controlled Maryland State Senate by a unanimous vote on March 15. The budget proposal would increase spending 2.2 percent over last year's budget. Senators proposed providing $11.4 billion for Medicaid health insurance plans, up $180 million from last year, and $6.5 billion to local public schools, a $160 million increase. The bill would allocate $200 million in new education funding, including $10 million for school safety, $5 million for violence prevention programs, and more than $20 million for providers that serve the elderly or children in foster care. Senators anticipated that revenue for the increased education funding would be paid by residents as a result of changes to the federal tax code. The Senate budget included $110 million that Republican Gov. Larry Hogan's proposal would have eliminated. Lawmakers proposed using the funds to provide aid to local government ($33 million), healthcare providers ($56 million), and caregivers ($20 million). The bill would also increase state employee salaries by 2 percent as of January 1, 2019.[38][39] The proposal was sent to the Maryland House of Delegates for consideration.

Process

See also: Maryland state budget and finances
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The state operates on an annual budget cycle. The sequence of key events in the budget process is as follows:[40]

  1. Budget instructions are sent to state agencies in June of the year preceding the start of the new fiscal year.
  2. State agencies submit their budget requests to the governor between August and October.
  3. The governor submits his or her proposed budget to the state legislature on the third Wednesday in January.
  4. The legislature typically adopts a budget by the 83rd day of the session. A simple majority is required to pass a budget. The fiscal year begins July 1.

Maryland is one of 44 states in which the governor has line item veto authority.[40][41][42][43]

The governor is constitutionally required to submit a balanced budget proposal. Likewise, the legislature is required to adopt a balanced budget.[40]

Noteworthy events

Sexual harassment report

On February 16, 2018, the Women Legislators of Maryland, who describe themselves as "a bipartisan Caucus of the 60 diverse women State Senators and Delegates serving in Maryland’s General Assembly," released a report containing a collection of anonymous stories about perceived sexual harassment in the state's legislative environment. The report included 22 recommendations adopted by the Women’s Caucus on February 7, 2018, to improve sexual harassment policies through training, reporting, accountability, and culture change.[44][45] The report was released on the day of the Workplace Harassment Commission's inaugural meeting. The commission, made up of 12 women and 2 men, was created in January 2018 to review sexual harassment policies in all three branches of the state government.[46][47] Find out more about sexual misconduct in state capitols.

Legislatively referred constitutional amendments

In every state but Delaware, voter approval is required to enact a constitutional amendment. In each state, the legislature has a process for referring constitutional amendments before voters. In 18 states, initiated constitutional amendments can be put on the ballot through a signature petition drive. There are also many other types of statewide measures.

The methods in which the Maryland Constitution can be amended:

See also: Article XIV of the Maryland Constitution and Laws governing ballot measures in Maryland

Article XIV of the Maryland Constitution defines two ways to amend the state constitution—through a legislative process and a state constitutional convention.

Legislature

See also: Legislatively referred constitutional amendment

A 60% vote is required during one legislative session for the Maryland State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 85 votes in the Maryland House of Delegates and 29 votes in the Maryland State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.

Convention

See also: Convention-referred constitutional amendment

According to Section 2 of Article XIV of the Maryland Constitution, a question about whether to hold a state constitutional convention is to automatically appear on the state's ballot every 20 years starting in 1970. Maryland is one of 14 states that provides for an automatic constitutional convention question.

The table below shows the last and next constitutional convention question election years:

State Interval Last question on the ballot Next question on the ballot
Maryland 20 years 2010 2030



2019 measures:

See also: 2019 ballot measures

Certified:

The following measures were certified for the ballot.

No measures to list

2018 measures:

Below is a list of measures that were referred to the 2018 ballot by the legislature.

See also: Maryland 2018 ballot measures

Certified:

The following measures were certified for the ballot.

See also

Elections Maryland State Government State Legislatures State Politics
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External links

Footnotes

  1. The Frederick News-Post, "Eight things to know about the 2018 General Assembly," January 6, 2018
  2. The Baltimore Sun, "Maryland poised to let rape victims terminate parental rights of their assailants," January 30, 2018
  3. Office of Governor Larry Hogan, "Governor Larry Hogan Signs Rape Survivor Family Protection Act," February 13, 2018
  4. General Assembly of Maryland, "Fiscal and Policy Note," February 8, 2018
  5. National Conference of State Legislatures, "Parental rights and sexual assault," April 17, 2017
  6. The Baltimore Sun, "Maryland poised to let rape victims terminate parental rights of their assailants," January 30, 2018
  7. The Baltimore Sun, "Maryland lawmakers advance gun control bills including bump stock ban, 'red flag' rule," March 14, 2018
  8. The Frederick News-Post, "Maryland House advances bill to ban bump stocks," March 14, 2018
  9. Maryland General Assembly, "Fiscal and policy note," accessed March 16, 2018
  10. The Baltimore Sun, "Gun-control bills pass Maryland House of Delegates," March 15, 2018
  11. CNN, "After the Parkland massacre, more states consider 'red flag' gun bills," March 7, 2018
  12. Maryland General Assembly, "HB1646," accessed March 16, 2018
  13. Giffords Law Center to Prevent Gun Violence, "Domestic Violence & Firearms," accessed March 16, 2018
  14. Giffords Law Center to Prevent Gun Violence, "Our Mission," accessed March 16, 2018
  15. Maryland General Assembly, "HB 888: Governor's Veto Letter," May 25, 2018
  16. 16.0 16.1 ABC News, "Maryland House approves stronger sexual harassment policies," March 19, 2018
  17. Washington Post, "After years in Annapolis, a Maryland senator says #MeToo," March 11, 2018
  18. The Baltimore Sun, "State Senate votes to let Marylanders possess more marijuana but prohibit smoking in cars," March 19, 2018
  19. 19.0 19.1 The Baltimore Sun, "Maryland Senate passes school construction proposal that Gov. Hogan has promised to veto," March 29, 2018
  20. Facebook, "Governor Larry Hogan on April 4, 2018," accessed April 4, 2018
  21. Facebook, "Senator Kathy Klausmeier on March 30, 2018," accessed April 4, 2018
  22. Facebook, "Senator Ron Young on April 2, 2018," accessed April 4, 2018
  23. The Baltimore Sun, "Maryland lawmakers set to do what Congress can't: protect Obamacare with tax on insurers," March 23, 2018
  24. Bloomberg Law, "States Moving to Create Obamacare Stabilization Plans," March 27, 2018
  25. 25.0 25.1 The Baltimore Sun, "Maryland legislature approves plan to stabilize state's Obamacare market with new tax on insurers," April 4, 2018
  26. 26.0 26.1 The Baltimore Sun, "Lawmakers override Gov. Hogan's veto, changing decades-old process to decide which schools get built or fixed," April 5, 2018
  27. General Assembly of Maryland, "SB1048," accessed April 13, 2018
  28. General Assembly of Maryland, "Fiscal and Policy Note: Senate Bill 1048," accessed April 13, 2018
  29. The Democrat Star, "State Senate passes sexual harassment complaints bill," April 7, 2018
  30. Note: Emphasis in the original source. Maryland General Assembly, "SB 528 Fiscal and policy note," accessed April 9, 2018
  31. WTOP, "Maryland lawmakers vote to broaden hate crime law," April 8, 2018
  32. The Sacramento Bee, "Maryland lawmakers OK medical marijuana bill on last day," April 9, 2018
  33. WTOP, "Maryland Senate passes sexual harassment bill," April 6, 2018
  34. The Frederick News-Post, "Hogan signs education, #MeToo bills into law," May 8, 2018
  35. The Baltimore Sun, "In response to #MeToo, Maryland legislature to change how it polices sexual harassment," April 9, 2018
  36. WTOP, "Maryland General Assembly gives final approval to budget," March 27, 2018
  37. The Baltimore Sun, "Maryland General Assembly passes $44B budget. Here's what's in it," accessed July 20, 2018
  38. The Washington Post, "Maryland Senate approves state budget proposal that gives $200 million more for education," March 15, 2018
  39. Maryland Reporter, "Senate unanimously passes $44.5 billion state budget," March 15, 2018
  40. 40.0 40.1 40.2 National Association of State Budget Officers, "Budget Processes in the States, Spring 2021," accessed January 24, 2023
  41. National Conference of State Legislatures, "Separation of Powers: Executive Veto Powers," accessed January 26, 2024
  42. Maryland Secretary of State, "Ballot Question Summaries," accessed January 26, 2024
  43. Maryland State Board of Elections, "Official 2020 Presidential General Election results for All State Questions," accessed January 26, 2024
  44. Women Legislators of Maryland, "About Us," accessed February 19, 2018
  45. Women Legislators of Maryland, "Report: Sexual Harassment Policy Recommendations," February 2018
  46. WTOP.com, "'Like a fraternity house': Report reveals sexual harassment in Maryland State House," February 16, 2018
  47. Maryland Manual Online, "Workplace Harassment Commission," accessed February 19, 2018