MD FAMILY LAW BILLS AS OF 3/8/12

BILL # / SPONSOR(S) / TITLE / SYNOPSIS / STATUS
HB 4 / Delegates Cardin, Stein, DeBoy, Minnick, and Nathan-Pulliam / BaltimoreCounty - Orphans' Court Judges – Qualifications
Prior Year Introduction As:
2011 HB 930 / Proposing an amendment to the Maryland Constitution to change qualifications for judges of the Orphans' Court for Baltimore County; requiring judges of the Orphans' Court for Baltimore County to be citizens of the State and residents in Baltimore County for twelve months preceding the election, and to have been admitted to practice law in the State and be members in good standing of the Maryland Bar; and submitting the amendment to the qualified voters of the State for adoption or rejection. / House Action
9/23 Pre-filed
1/11First Reading Judiciary
1/4 - Hearing 1/19 at 1:00 p.m.
2/6Favorable withAmendments Report by Judiciary
2/7 - Favorable with amendments {232412/1 Report Adopted
Second Reading Passed with Amendments
2/9 - Motion vote previous question (Delegate Minnick) Adopted
Third Reading Passed (104-30)
Senate Action
2/10 - First Reading Judicial Proceedings
HB 8
Cross-filed
SB 175 / Delegate Washington / Crimes – Electronic Communication - Harassment / Changing the prohibition against using electronic mail with the intent to harass to prohibit engaging in electronic communication with the intent to harass; changing the defined term "electronic mail" to "electronic communication" and altering the definition; and establishing penalties for a second or subsequent violation of the Act. / House Action
8/2 - Pre-filed
1/11 - First Reading Judiciary
1/4 - Hearing 1/19 at 1:00 p.m.
2/20 - Favorable with Amendments Report by Judiciary
2/21 - Favorable with Amendments {992411/1 Report Adopted
Second Reading Passed with Amendments
Senate Action
1/20 - First Reading Judicial Proceedings
1/24 - Hearing 2/2 at 1:00 p.m.
HB 11 / Delegate Glenn / Criminal Law - Third Degree Sexual Offense - Person in Position of Authority
Prior Year Introduction As
2009 HB 1090 / Repealing the requirement that the prosecution of a misdemeanor offense of the prohibition against a specified person in a position of authority engaging in a sexual act or sexual contact with a minor, under specified circumstances, be instituted within 3 years after the offense was committed; prohibiting a specified person in a position of authority who is at least 6 years older than the victim from engaging in sexual contact or a sexual act while the minor is enrolled or participating in a specified institution, program, or activity; etc. / House action
1/15 - Pre-filed
1/11 - First Reading Judiciary
1/12 - Hearing 1/31 at 1:00 p.m.
Unfavorable Report by Judiciary – withdrawn
Senate action
No action
HB 44 / Delegate Waldstreicher / Health Insurance - Coverage of In Vitro Fertilization Services / Altering the circumstances under which specified insurers, nonprofit health service plans, and health maintenance organizations must provide coverage for specified benefits for outpatient expenses arising from in vitro fertilization procedures; etc. / House Action
10/26 - Pre-filed
1/11First Reading Health and Government Operations
Hearing 1/18 at 1:00 p.m.
1/17 - Hearing cancelled
2/14 - Unfavorable Report by Health and Government Operations Withdrawn
Senate Action
No Action
HB 92 / Delegates Simmons and Dumais /
Domestic Violence – Shielding – Complete Removal of Information from Public Web Site
/ Clarifying the definition of "shielding" in provisions relating to the removal from the public Web site maintained by the Maryland Judiciary of specified court records concerning domestic violence. / House Action
1/18 - First Reading Judiciary
Hearing 2/2 at 1:00 p.m.
2/13 - Favorable with Amendments Report by Judiciary
2/16 – Third Reading Passed (133-0)
Senate Action
2/17 – First Reading Judicial Proceedings
HB 101
Cross-filed
SB 71 /
Delegates Pena-Melnyk, Anderson, Costa, and Hubbard
/ Health - General - Posthumous Use of Donor Sperm and Eggs / Prohibiting a person from using sperm or eggs from a known donor after the donor's death for the purpose of assisted reproduction without the prior consent of the donor; establishing requirements for a valid consent; and establishing penalties for a violation of the Act. / House Action
1/19 - First Reading Health and Government Operations
1/25 - Hearing 1/31 at 1:00 p.m.
1/27 - Hearing cancelled
2/1 - Hearing 2/7 at 1:30 p.m.
SB 71 House Action
3/6 - First Reading Health and Government Operations
3/7 - Hearing 3/27 at 1:00 p.m.
Senate Action
1/16 - First Reading Finance
1/20 - Hearing 2/1 at 2:00 p.m.
2/20 - Favorable with Amendments Report by Finance
2/21 - Favorable with Amendments {837672/1 - Report Adopted
Special Order until 2/24 (Senator Reilly) Adopted
2/24 - Special Order until 2/29 (Senator Getty) Adopted
3/1 - Floor CommitteeAmendment(JudicialProceedings) {748976/1 Adopted Second Reading Passed with Amendments
3/5 - Third Reading Passed (44-1)
HB 164
Cross-filed
SB 216 /
DelegateRosenberg
/ Family Law - Marriage Licenses and Ceremonies / Repealing the requirement that a marriage license be issued by the clerk for the county in which the marriage is performed; authorizing a clerk of any county of the State to issue a marriage license; etc. / House Action
1/24 - First Reading Judiciary
1/25 - Hearing 2/2 at 1:00 p.m.
1/26 - Hearing cancelled
2/27 - Unfavorable Report by Judiciary Withdrawn
Senate Action
1/20 - First Reading Judicial Proceedings
1/24 - Hearing 2/9 at 1:00 p.m.
2/20 - Unfavorable Report by Judicial Proceedings
HB 265
Cross-filed
SB 280 /
Chair, Judiciary Committee (By Request - Maryland Judicial Conference)
/ Task Force to Study Implementing a Civil Right to Counsel in Maryland / For the purpose of establishing the Task Force to Study Implementing a Civil Right to Counsel in Maryland; providing for the composition, chair, and staffing of the Task Force; prohibiting a member of the Task Force from receiving certain compensation, but authorizing the reimbursement of certain expenses; requiring the Task Force to study and make recommendations regarding certain matters; requiring the Task Force to report its findings and recommendations to certain public officials on or before a certain date; providing for the termination of this Act; and generally relating to the Task Force to Study Implementing a Civil Right to Counsel in Maryland. / House Action
1/27 - First Reading Judiciary
Hearing 2/15 at 1:00 p.m.
Senate Action
1/26 - First Reading Judicial Proceedings
1/27 - Hearing 2/9 at 1:00 p.m.
HB 294 /
Delegates Vitale, Dumais, Eckardt, Kipke, Lafferty, McDermott, Schulz, and Smigiel
/ Child Support - Child Care Expenses / For the purpose of requiring that certain child care expenses incurred on behalf of a 3 child due to the full–time attendance by either parent at a certain educational 4 institution be added to the basic child support obligation and divided by the 5 parents in proportion to their adjusted actual incomes under the child support 6 guidelines; and generally relating to child support obligations. / House Action
1/27 - First Reading Judiciary
Hearing 2/9 at 1:00 p.m.
3/5 - Unfavorable Report by Judiciary
Senate Action
No Action
HB 397 /
Delegate Dumais
/ Child Support - Criminal Nonsupport and Desertion
Prior Year Introduction As:
2011 HB 423 / Specifying that a parent who fails to provide for the support of his or her minor child is guilty of the misdemeanor of criminal nonsupport; repealing from the crime of criminal nonsupport the element of willfulness; establishing a specified defense to the crime of criminal nonsupport; and specifying that a parent who deserts his or her minor child is guilty of the crime of criminal desertion of a child. / House Action
2/1 - First Reading Judiciary
1/31 - Hearing 2/9 at 1:00 p.m.
3/5 - Unfavorable Report by Judiciary
Senate Action
No Action
HB 400 /
Delegate Dumais
/ Child Support - Adjusted Actual Income - Multifamily Adjustment
Prior Year Introduction As:
2011 HB 422 / Altering the definition of "adjusted actual income" under the State child support guidelines; providing for the calculation of a specified allowance required to be deducted from adjusted actual income under the child support guidelines; requiring that the amount of a specified allowance be subtracted from a parent's actual income before the court determines the amount of a child support award; etc. / House Action
2/1 - First Reading Judiciary
1/31 - Hearing 2/9 at 1:00 p.m.
3/5 - Favorable with Amendments Report by Judiciary
3/6 - Favorable with Amendments {552615/1 Report Adopted
Second Reading Passed with Amendments
3/8 - Third Reading Passed (108-28)
Senate Action
No Action
HB 438
Cross-filed
SB 241 /
The Speaker (By Request - Administration) and Delegates Anderson, Barkley, Barnes, Barve, Bobo, Bromwell, Busch, Cardin, Carr, Clagett, Clippinger, Cullison, Dumais, Feldman, Frick, Frush, Gaines, Gilchrist, Gutierrez, Guzzone, Hammen, Haynes, Hixson, Hubbard, Hucker, Ivey, Jones, Kaiser, A. Kelly, Kramer, Lafferty, Lee, Luedtke, McHale, McIntosh, A. Miller, Mitchell, Mizeur, Murphy, Niemann, Pena-Melnyk, Pendergrass, Reznik, B. Robinson, S. Robinson, Rosenberg, Ross, Simmons, Stein, Summers, Tarrant, F. Turner, Valderrama, Waldstreicher, Washington, and Zucker
/ Civil Marriage Protection Act / Altering a provision of law to establish that only a marriage between two individuals who are not otherwise prohibited from marrying is valid in this State; prohibiting an official of a religious order or body authorized to perform a marriage ceremony from being required to solemnize or officiate at a particular marriage or religious rite of a marriage in violation of the constitutional right to free exercise of religion; etc. / House Action
2/17 - Third Reading Passed (72-67)
Senate Action
2/23 - Third Reading Passed (25-22)
HB 459 /
Delegates Alston and Vallario
/ Task Force to Study Joint Custody of Children / Establishing a Task Force to Study Joint Custody of Children; providing for the membership, chair, and staffing of the Task Force; prohibiting a member of the Task Force from receiving compensation, but authorizing reimbursement of specified expenses; requiring the Task Force to study and make recommendations regarding specified matters; requiring the Task Force to report its preliminary findings and recommendations to the Governor and the General Assembly on or before December 31, 2012; etc. / House Action
2/2 - First Reading Judiciary
2/8 - Hearing 2/23 at 1:00 p.m.
Senate Action
No Action
HB 474
Const. Amdt. /
Delegates Dwyer, Afzali, Aumann, Bates, Beitzel, Boteler, Burns, Cluster, DeBoy, Eckardt, Elliott, Fisher, Frank, George, Glass, Haddaway-Riccio, Hershey, Hough, Impallaria, Jacobs, Jameson, Kach, K. Kelly, Krebs, McComas, McConkey, McDermott, McDonough, W. Miller, Minnick, Myers, Norman, O'Donnell, Otto, Parrott, Ready, Schuh, Schulz, Serafini, Sophocleus, Stifler, Stukes, Szeliga, Vitale, Weir, and Wood
/ Maryland Marriage Protection Act
Constitutional Amendment
Prior Year Introduction As:
2004 HB 16
2005 HB 1220
2006 HB 48
2008 HB 1345
2009 HB 913
2010 HB 1079
2011 HB 963
(apparently they didn’t have the energy in 2007) / Adding a new section to the Maryland Constitution to establish that a marriage between one man and one woman shall be the only domestic legal union valid or recognized in the State; and submitting the amendment to the qualified voters of the State for their adoption or rejection. / House Action
2/2 - First Reading Judiciary & Health and Government Operations
2/3 - Hearing 2/10 at 1:00 p.m. (Judiciary)
Senate Action
No Action
HB 485
Cross-filed
SB481 /
Delegate Simmons
/ Family Law - Child Custody - Interim Custody or Visitation Order / Authorizing a party to file with the court a motion for an interim custody or visitation order under specified circumstances; requiring a party who files a motion for an interim custody or visitation order to file with the motion a specified certificate; specifying the contents of the certificate; requiring the court to hold a hearing on the motion within 7 days after service on the opposing party; etc. / House Action
2/2 - First Reading Judiciary
2/8 - Hearing 2/23 at 1:00 p.m.
Senate Action
2/2 - First Reading Judicial Proceedings
2/8 - Hearing 3/6 at 1:00 p.m.
HB 565
Cross-filed
SB 525 /
Delegates Zucker, Hixson, Arora, Ivey, Kaiser, Luedtke, A. Miller, Mitchell, S. Robinson, Rosenberg, Ross, Stukes, Summers, Vaughn, Vitale, and Walker
/ Homestead Property Tax Credit - Eligibility - Child Support Payments / Authorizing the Child Support Enforcement Administration to send a specified certification to the State Department of Assessments and Taxation concerning specified child support obligors; requiring the Administration to conduct an investigation and notify the obligor of the outcome; requiring the Department to revoke the homestead property tax credit of certain homeowners under specified circumstances; etc. / House Action
2/3 - First Reading Judiciary
2/8 - Re-assigned Ways and Means
2/9 - Hearing 2/28 at 1:00 p.m.
Senate Action
2/3 - First Reading Budget and Taxation
2/8 - Hearing 3/7 at 1:00 p.m.
HB 617
Cross-filed
SB 178 /
Delegates Hough, Afzali, Hogan, and Schulz
/ Education - Informal Kinship Care - Documentation Supporting Affidavit - Repeal / Repealing the requirement that specified supporting documentation accompany an affidavit verifying to a county superintendant of schools that a child is living in an informal kinship care arrangement for specified school attendance purposes; and repealing a requirement that specified instructions explain the necessity of and encourage the submission of specified supporting documentation. / House Action
2/6 - First Reading Ways and Means
2/8 - Hearing 2/23 at 1:00 p.m.
SB 178 House Action
3/5 - First Reading Ways and Means
Senate Action
1/20 - First Reading Education Health and Environmental Affairs
1/25 - Hearing 2/1 at 2:15 p.m.
2/28 - Favorable with Amendments Report by Education Health and Environmental Affairs
2/29 - Favorable with Amendments {504333/1 Report Adopted
Second Reading Passed with Amendments
3/2 - Third Reading Passed (47-0)
HB 651
Cross-filed
SB 720 /
Delegate Waldstreicher (By Request - Task Force on Prisoner Reentry) and Delegates Anderson, Barnes, Carter, Clippinger, Dumais, Gaines, Haynes, Hough, Ivey, McIntosh, Pena-Melnyk, Proctor, Rosenberg, Ross, Simmons, V. Turner, Valderrama, and Washington
/ Child Support - Incarcerated Obligors - Suspension of Payments and Accrual of Arrearages / Establishing that child support payments are not past due and arrearages may not accrue during any period when the obligor is incarcerated and for a specified period after the obligor's release from confinement under specified circumstances; authorizing the Child Support Enforcement Administration to adjust an incarcerated obligor's payment account in specified cases to reflect the suspension of the accrual of arrearages under the Act; etc. / House Action
2/8 - First Reading Judiciary
Hearing 3/1 at 1:00 p.m.
Senate Action
2/3 - First Reading Judicial Proceedings
2/8 - Hearing 3/6 at 1:00 p.m.
HB 673
Cross-filed
SB 334 /
Delegates Simmons, Dumais, and Kramer
/ Family Law - Grounds for Divorce
Prior Year Introduction As:
2011 HB 403 / Providing that for purposes of granting a limited or an absolute divorce, parties shall be considered to be living separate and apart without cohabitation even if the parties share living expenses and a residence, as long as the parties maintain separate bedrooms. / House Action
2/8 - First Reading Judiciary
Hearing 2/23 at 1:00 p.m.
Senate Action
1/27 - First Reading Judicial Proceedings Hearing 2/9 at 1:00 p.m.
3/6 - Favorable with Amendments Report by Judicial Proceedings
3/7 - Favorable with Amendments {578377/1 Report Adopted
Second Reading Passed with Amendments
HB 728 /

Delegate Dwyer

/ Constitutional Amendment – Maryland Marriage Protection Act / Adding a new section to the Maryland Constitution to establish that only a marriage between a man and a woman is valid in the State; and submitting the amendment to the qualified voters of the State for their adoption or rejection. / House Action
2/8 - First Reading Judiciary & Health and Government Operations Hearing 2/10 at 1:00 p.m. (Judiciary)
Senate Action
No Action
HB 761 /

Delegate Dumais

/ Family Law - Grandparent Visitation / Altering the circumstances under which an equity court may grant visitation rights to a grandparent of a child.
Partial:
Change to FL § 9–102.
(A) An equity court may:
(1) consider a petition for reasonable visitation of a grandchild by a grandparent; and
(2) [if the court finds it to be in the best interests of the child,] grant visitation rights to the grandparent IF THE COURT FINDS BY A PREPONDERANCE OF THE EVIDENCE THAT:
(I) VISITATION WITH THE GRANDPARENT IS IN THE BEST INTERESTS OF THE CHILD; AND
(II) 1. THE CHILD’S HEALTH OR WELFARE WILL BE HARMED IF VISITATION TO THE GRANDPARENT IS DENIED; OR
2. OTHER EXTRAORDINARY CIRCUMSTANCES EXIST. / House Action
2/9 - First Reading Judiciary
Hearing 2/23 at 1:00 p.m.
Senate Action
No Action
HB 769
Cross-filed
SB 291 /

Chair, Economic Matters Committee (By Request - Departmental - Labor, Licensing and Regulation)

/ Unemployment Insurance - Coverage - Victims of Domestic Violence / Prohibiting the Secretary of Labor, Licensing, and Regulation from charging specified unemployment insurance benefits against the earned rating record of an employing unit; authorizing the Secretary to find that a cause of voluntarily leaving employment is good cause if it is directly attributable to the individual or individual's immediate family member being a victim of domestic violence and the individual provides specified information; providing that specified information provided to the Secretary is confidential; etc. / House Action
2/9 - First Reading Economic Matters
2/14 - Hearing 2/29 at 1:00 p.m.
Senate Action
1/26 - First Reading Finance
2/1 - Hearing 2/21 at 1:00 p.m.
HB 823
Cross-filed
SB 416 /

Delegate Waldstreicher

/ Orphans' Court - Minor - Guardianship of the Person / Altering the authority of an orphans' court to exercise jurisdiction over guardianship of the person of a minor by repealing a specified requirement that the presiding judge of the orphans' court be a member of the Bar of Maryland; providing that an orphans' court may exercise jurisdiction over guardianship of the person of a minor in uncontested matters; and applying the Act prospectively. / House Action
2/9 - First Reading Judiciary
Hearing 3/7 at 1:00 p.m.
Senate Action
2/1 - First Reading Judicial Proceedings
2/8 - Hearing 3/8 at 1:00 p.m.
HB 873
Cross-filed
SB 508 /

Delegates Pena-Melnyk, Costa, Cullison, Hubbard, A. Kelly, Kipke, Nathan-Pulliam, Oaks, and V. Turner

/ Assisted Reproduction Agreements - Court Approval, Notice, and Required Records / Authorizing intended parents, gamete donors, and a prospective gestational carrier to enter into a specified gestational agreement under specified circumstances; authorizing a gestational agreement to contain specified provisions; requiring a provider to provide each participant involved in an assisted reproduction with a specified notice containing specified information; etc. / House Action
2/9 - First Reading Judiciary
2/10 - Hearing 2/23 at 1:00 p.m.
Senate Action
2/3 - First Reading Judicial Proceedings
2/8 - Hearing 3/6 at 1:00 p.m.
HB 883
Cross-filed
SB 561 /

Delegates Glass, Braveboy, Dwyer, Frush, Hixson, Hough, Howard, Ivey, Jacobs, Kaiser, McComas, McDonough, A. Miller, Ready, Rosenberg, Ross, Schulz, Serafini, Stocksdale, Stukes, and Vitale

/ Family Law - Protective Orders - Additional Relief / Authorizing a judge, in a final protective order, to order the respondent to remain a specified distance away from the residence, place of employment, school, or temporary residence of a person eligible for relief. / House Action
2/9 - First Reading Judiciary
Hearing 2/23 at 1:00 p.m.
3/5 - Favorable Report by Judiciary
3/6 - Favorable Report Adopted Second Reading Passed
3/8 - Third Reading Passed (135-0)
Senate Action
2/3 - First Reading Judicial Proceedings
2/8 - Hearing 3/6 at 1:00 p.m.
HB 963 /

Delegate Dumais

/ Estates and Trusts - Appeal from Orphans' Court and Jurisdiction of Circuit Court / Requiring an appeal from a final judgment of an orphans' court to be to a circuit court; requiring an appeal to a circuit court from a final judgment of an orphans' court to be heard on the record made in the orphans' court rather than be heard de novo; providing that specified parties may elect to file specified cases in, or transfer specified cases to, a circuit court; and providing for the prospective application of the Act. / House Action
2/10 - First Reading Judiciary
2/9 - Hearing 3/7 at 1:00 p.m.
2/28 - Hearing cancelled
3/5 - Unfavorable Report by Judiciary Withdrawn
Senate Action
No Action
HB 967
Cross-filed
SB 427 /

Delegates Kach, DeBoy, Donoghue, Elliott, and Wood