March 6, 2010
Dear Friends,
The following subjects were discussed during this past week.
Jury Trials in Civil Actions
The Senate passed SB 118, which prohibits a party in a civil action from requesting a jury trial if the amount in controversy does not exceed $20,000, instead of the current $10,000. The bill is contingent on the voters’ adoption of a constitutional amendment (SB 119, also passed by the Senate) that increases, from over $10,000 to over $20,000, the amount in controversy in civil proceeding in which the right to trial by jury may be limited by legislation. Identical bills, HB 436 – Courts – Jury Trials in Civil Actions – Amount in Controversy and HB 434, – Civil Jury Trials – Amount in Controversy
respectively, had a hearing in the House this week.
Injured Workers’ Insurance Fund (IWIF)
Senate and House committees took testimony both for and against changing the status of IWIF from that of a State agency to a not-for-profit mutual insurer. Under SB 507 -Injured Workers’ Insurance Fund – Status and Renaming and HB 1008, the new company retains its public purpose as the insurer of last resort and must continue to guarantee the availability of workers’ compensation insurance in the State. One of the questions raised at the hearings concerned the long-term status of IWIF’s current State employees. Also of concern is the new company’s retention of IWIF’s existing exemption from the 2% tax on premiums that other private insurers are required to pay. There is a tentative agreement between the Governor’s office and IWIF that would allow more autonomy to the agency for a transfer of $20 million from their reserve account to the State’s General Fund.
Health Care and Health Insurance – Bisphenol-A
I voted in favor of House Bill 33 – Child Care Articles Containing Bisphenol-A – Prohibition that prohibits the sale, manufacture and distribution of children’s products that contain bisphenol-A (BPA), a harmful compound found in some plastics. The bill also requires manufacturers to use materials that are the least toxic alternative available on the market. According to the Centers for Disease Control and Prevention (CDC), BPA can leach from reusable food and water containers and baby bottles. While the U. S. food and Drug Administration used to assert that BPA packaging was safe, more recently the Federal Drug Administration (FDA) has cited concerns that it may have an effect on the brain, behavior, and prostate gland of fetuses, infants, and young children. It is important to protect the health of babies and children, especially when they are in the developmental stages. While many manufacturers have voluntarily stopped producing items with BPA, I think that this legislation sends a strong message and is an important public safety measure for Maryland ’s children.
The Senate approved SB 213, which prohibits the use of the chemical bisphenol-A (BPA), in certain children’s products. The amended Senate bill conforms to the crossfiled bill, HB 33, which passed in the House last week. Amendments prohibit certain BPA levels from being in children’s cups intended for food or liquid for children under four (4) years of age and require the term “child care article” to be defined by federal law, should a federal law concerning the prohibition of BPA in children’s products be enacted. The amendments also provide that a person may not manufacture the child care products specified in the bill after January 10, 2012. The original bill specified the date as January 10, 2011.
Transportation – Criminally Negligent Driving
House Bill 388 -Criminal Law – Manslaughter by Vehicle or Vessel – Criminal Negligence makes it a misdemeanor to cause the death of a person by driving a vehicle or a vessel in a criminally negligent manner. It authorizes a maximum jail term of three years and a maximum fine of $5,000, or both, for a violator. Similar bills have been introduced in the House for the past three years and in the Senate in 2006. The bill fills a gap in current law, which does not contain a separate offense for criminally negligent manslaughter by vehicle or vessel, but does not address driving a vehicle in a grossly negligent manner. The bill was heard by a House committee this week. The companion bill is SB 870, scheduled to be heard in March.
Speaker’s Medallion Award
On March 3, 2010 former Congresswoman Helen Bentley received the prestigious Speaker’s Medallion Award. This award is presented to a Maryland citizen who has made outstanding contributions to the State. Helen Bentley was honored at the annual Speaker’s Society Dinner as well as on the House floor. I am attaching a copy of the picture that was taken after the award ceremony. The State of Maryland is extremely grateful for Helen’s contributions and I feel honored to call her my friend and mentor.
I appreciate your comments and input so please continue to keep me informed of your views.
Kindest regards.
Very truly yours,
Delegate Susan L.M. Aumann
District 42 – Baltimore County
303 Lowe House Office Building
Annapolis, MD 21401
410-841-3258; FAX 410-841-3163
susan.aumann@house.state.md.us
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