Punt, Pass, or Kick?

Over the past 75 or so days, Session Scoop has brought you information on the 90-day Maryland General Assembly Session. Now we're interested to hear from you! Let us know how you think the legislation we've discussed will fare, by taking our Punt, Pass, or Kick Survey.

Punt, Pass, or Kick Survey

Not all legislation is created equal, just like Philadelphia Eagles Coach, Andy Reid

The Odd Couple

In Maryland, certain things just do not go together.  Crabs and milk, Steeler’s fans and Raven’s supporters, dancing and me.*

Exclusive Video of Mark's Dancing Abilities

Definite lines also exist during the legislative session, and on March 16 there was a pairing as odd as Oscar and Felix.  On that day, lobbyists for the plaintiff’s bar and lobbyists for the insurance industry testified together against a bill.  What could bring these two opposites together?  A bill relating to insurance coverage for rental cars, SB 711.

We wrote about the House version of this bill (HB 1058) on March 7.  On March 16 the Senate Finance Committee heard the Senate version of the bill.  Both sides had re-calibrated their presentations and re-loaded their witness panels in light of the House hearing experience.  The result was lots more fun for observers.

Fundamentally, SB 711 takes the responsibility for insuring a rental car in Maryland away from the rental car company and transfers it to your personal insurance policy.  One supporter, testifying in favor of the bill, was the owner of a Maryland rental car company.  He claims his total insurance costs approach $200,000.  This bill, he claimed, will take that expense off his company, and put it on the mostly out-of-state people who rent a car when they visit Maryland.

Naturally enough, this provoked the committee to ask whether rental rates would be lower if his expenses went down.  Eschewing subtlety, the businessman said 1) the committee had no right to ask him that, 2) that he was a Maryland citizen, 3) that the money he saved would mostly be paid by non-Maryland citizens, 4) that should be the end of it.  Before he could get to 5), the rental car company lobbyist cut him off.

After that self-immolating testimony, the Finance Committee was treated to the “Odd Couple” show of insurance industry lobbyists and plaintiff’s lawyer’s lobbyists united at the witness table.  Both oppose the bill as disadvantages to Maryland victims of accidents by rental car drivers, and the industry noted 10% of Maryland rentals are to Marylanders, and the bill will therefore increase insurance rates.

All in all, the hearing was notable not for its substance, but for its oddities.  The plaintiff/industry testimony was one oddity, the raw political nature of the one presentation was the other.  One amused, one antagonized, forming a third Odd Couple.

Maybe the rental car company guy should join me for dancing lessons.

*This article was written by Mark McCurdy, please don't make assumptions about the rest of our dancing skills.

Making HERstory: Women Lawmakers in Maryland

March is Women's History Month.  With that in mind we've decided to take a look women legislators in Maryland - the history, the make up, the causes they champion, and how Maryland stacks up to the rest of the country in representation by women.

According to the website of the Women Legislators of Maryland, Maryland is rich with history of powerful women making a difference in Maryland politics.  In fact, in 1648 Margaret Brent, a representative to Lord Baltimore, was the first women in recorded history to demand the right to vote.   It would be another 273 years before women were granted sufferage and almost immediately after women began represent Marylanders in the Maryland General Assembly.  Mary Eliza Watters Risteau was the first woman to serve in the House of Delegates, as well as the State Senate.  Since then, many women have followed, including the first African-American Delegates in 1958, Verda F. Welcome and Irma George Dixon. 

Today, women make up 31% of the Maryland General Assembly - that's significantly above the nationwide average of only 23% (National Foundation for Women Legislators).  Maryland's female representation is actually among the top ten largest in the country.  Women make up 23% of the Maryland Senate and 33% of the House of Delegates.  Of the 58 women legislators, 78% are Democrats and 22% are Republicans.

So, what makes a woman legislator different from her male counterpart?  Other than the obvious, women legislators tend to introduce and champion legislation that effects women.  In 2010, the Maryland Women's Caucus introduced 14 pieces of legislation that addressed human trafficking, child support, sexual abuse, among others, successfully passing 57% of the bills they supported.



Senator Catherine Pugh

Senator Catherine Pugh is a legislator from Baltimore City.  Senator Pugh is also First Vice President of the Women Legislators of Maryland, a non-profit made of up women legislators dedicated to improving public policy that affects women.  Senator Pugh recently introduced Senate Bill 126, legislation to create a women and children's center in her district.  “It is important as women legislators that we advance the rights of women.  We must also remember our history for all of us are here due in part to women who have come before us.  The greatest honor we can bestow upon them is creating good public policy that helps all Marylanders.” Said Senator Catherine Pugh.

Delegate Jeannie Haddaway-Ricco

Delegate Jeannie Haddaway-Ricco represents Caroline, Dorchester, Talbot, and Wicomico Counties on Maryland's Eastern Shore.  Delegate Haddaway-Ricco is the Minority Whip and President Elect of the Women Legislators of Maryland.  This session Delegate Haddaway-Ricco introduced House Bill 804  - legislation that would require a special notation be made on the licenses of registered sex-offenders in Maryland.   Said Delegate Haddaway-Ricco, I'm proud to introduce and support legislation that protects women, families, and children and the Women's Caucus provides an excellent forum for those policies.  Women are making incredible strides in Maryland politics thanks in part to strong, hard-working female legislators that have served before us.  As a young, female legislator I feel very privileged to serve the public in this capacity and be part of Maryland history in the making."

Senator Pugh and Delegate Haddaway-Ricco are just two of 58 powerful women representing all corners of the State and developing policy that advances women's rights.  The MAIF Policy and Communications Department is grateful that Maryland is one of the most forward-thinking States in the Union when it comes female represenation in our State government.  If you'd like to learn more about women working in goverment, check out this website from the National Council of State Legislatures.

Up the Camel's Nose

Excuse us.  We mean “camel’s nose” update.



We couldn't find a picture
of a camel on a cell phone.
We think this is the next best thing.

On February 23 we gave you the back story on HB 222 “The Camel’s Nose, Half a Loaf and Such Stuff.”  In it we described how supporters accepted “half a loaf” to get the cell phone while driving ban passed after 11 years of trying.  The key to passage – restricting enforcement to a “secondary violation.”  As the story noted, four months after the law went into effect, supporters launched an effort to remove the ‘secondary’ violation language and make it enforceable as a primary violation.

So far, the strategy is working.  The camel’s nose is in the tent, and the House voted in favor of the second half of a loaf by 92-39 on March 10.  If passed by the Senate, police will be able to pull you over for driving while using your cell phone, even if you are not committing any other offense.

An Update of Sorts - Smoking in a Vehicle with a Child

Back in February, we told you about SB 415, legislation that would prohibit smoking in a vehicle with a passenger under the age of eight.  While SB 415 has been stalled in Judical Proceedings for some time, we can tell you that its crossfile, HB 737 was voted unfavorable by the House Environmental Matters Committee yesterday. 

Will the Senate make Nicorette chewing gum the next best option for parents with their precious cargo?  We'll keep you posted on what happens next.

Contingency lawyers – Contingency "loans?"

Many plaintiffs’ lawyers work for a contingency fee. If you hire one, it means that if you lose your case, you do not pay your lawyer anything. However, if you win your case, the lawyer gets a significant percentage of your recovery.

This type of fee arrangement helps people of limited means obtain representation. Most of us could not afford to pay an attorney an hourly rate to handle our claim. Sure, the lawyer’s cut of the proceeds can be high, but sometimes they work just as hard in a losing effort, and get nothing.

HB 873 – the Maryland Civil Litigation Funding Act – takes this concept a step further. It allows people to receive "funding" in return for paying back the company once the case has been settled or won. Supporters note that, especially when an accident leaves you unable to work, you still need to pay your bills. Why not obtain advanced funding to pay today’s bills in return for a lien against your future settlement?

Believe it or not, there are companies in business that specialize in these unusual transactions. They give you money, and if you win or settle your case they recover that amount, plus a fee from your award. Like with contingency fee lawyers, if you don’t win your case, you owe them nothing on your "loan." I put "" around loan, because technically these transactions are not loans, and are not regulated like other lending activity. They are just "fees." I put "" around fees because they really are interest, despite the technicality.

The "fees" on these transactions are very high. If you accept $10,000 from them and your case settles two years and one day later, you owe them $30,000. Even if your case is resolved favorably in only one month, that $10,000 "loan" you got will cost you $14,500 when your case settles.

Consumer advocates worry about these "fees." They note that while they are not technically "interest," the "fees" are huge. In fact, they are often well over 100%. Desperate people, they testified, make bad choices.

Insurance carriers raise a different fear. If your case is worth $30,000, and you get a funding advance of $10,000, they note that two years later the entire settlement amount would be owed to the funding company. This, they say, will result in plaintiffs refusing to settle their case unless extra money is added. After all, why not gamble on a higher award at trial – since if you win you get extra money, and if you lose, you don’t have to pay back the "loan." This will increase insurance costs, they argue, for all of us.

Both sides might have valid points. Injured people may need money to pay their bills. The cost of these funds, however, rightly makes people gasp. The result of the "loan" may force more trials or higher settlements.

Aren’t you glad you are not an elected official?

　

Voices or Tunnels?

The best show in wintry Annapolis is not usually at the taverns, colleges, or even the Ram’s Head. Instead, many a day it is the voices outside the State House in the area know as "Lawyer’s Mall."

Generally speaking, the Assembly goes into session Tuesdays, Wednesdays and Thursdays at 10:00 a.m., Fridays at 11:00 a.m. and Monday nights at 8:00 p.m. Members walk from their offices on Rowe Boulevard, through Lawyer’s Mall and up the State House steps.

Regulars call this walk "the gauntlet." Lobbyists and special interest members string themselves out along the Mall to catch up with a Delegate or Senator on a quick matter, or to say hello, or to seek support on a bill. The conversations are filled with the language of the legislation. Words like "Amendments," "Second Reader," and references to bill numbers, "JPR" and "ECM" tumble out in a torrent. These conversations continue up the steps, into the State House halls, and only end when the members escape into the House or Senate Chambers.

This carnival is often augmented by public supporters and protesters. On Wednesday March 9, the House took up same sex marriage legislation (SB 116). The Senate debated in-state tuition rates for illegal/undocumented (pick your term) aliens (SB 167). The street was a cacophony of sound; ardent pleas mixed with anger, name calling, scorn, or in isolated incidents, support.

These supporters and protesters waited on Lawyer’s Mall to greet/condemn, encourage/ discourage, attack/defend their progressive/conservative, liberal/Neanderthal friends/enemies/ supporters (again pick your favorites) with bullhorns, signs, and shouts as members walk to the State House.

It didn’t end there. On the agenda is a bill raising gas taxes, and protesters against that bill also assembled, augmenting last week’s show when tractor trailer drivers drove their rigs through town in opposition to that bill. If you were a legislator, your ears and your eyes were under assault.

Say what you will about the legislative process, but in Maryland real citizens have real input every morning. Your Delegate or Senator is right there, hearing your voice even if not always embracing the message. It is an extraordinary show.

Why so extraordinary? Because what most visitors don’t know is that there is a tunnel under Lawyer’s Mall connecting Delegates and Senators offices directly to the State House. The members do not have to walk through the Mall’s angry crowd or pleading lobbyists. They can go under it in total peace.

Voices or tunnels? Despite it all, they continue to choose the voices.

What the heck is an Ignition Interlock?

An ignition interlock device is a mechanism that is installed in a vehicle's dashboard. It works like a breathalyzer - you breathe into the device and it measures your Breath Alcohol Content (BAC). If your BAC is over a certain amount, the vehicle will not start. Having the device installed is often a condition of driving again if your license was suspended or revoked as the result of a DUI conviction.  Approximately 8,000 Maryland drivers participate in the Maryland Ignition Interlock Program.

The National Highway Traffic Safety Administration figures show on average Maryland loses three people weekly in alcohol-related traffic crashes. According the National Conference of State Legislators, about 1.4 million drivers are arrested nationwide for alcohol impairment. Forty-eight states (including Maryland) and the District of Columbia authorize or mandate the use of ignition interlock system to deter alcohol-impaired driving. Is Maryland's current law strong enough? Some say no!

Four ignition interlock bills HB 318, HB 360, HB 1012 and HB 1276 were heard this week in the House Judiciary committee. All bills were heard at the same time, creating confusion for witnesses testifying on behalf of any of the proposals. Each of he bills attempt to readdress, tweak, or expand the current ignition interlock system.  As one witness stated to the committee "pass a meaningful bill, not a feel good bill".  Despite the differences in the legislation all agreed (with the exception of the liquor industry) that reform to the current ignition interlock program is necessary to save lives.

Read more about ignition interlocks from today's Baltimore Sun.

Sign, Sign, Everywhere a Sign...

You're probably all too familiar with advertisement signs that tend to litter Maryland's highways. These signs sometimes read "We Buy Homes" or "Get Out of Debt". What you might not know, is that most of these signs are unauthorized and illegal. Still, they seem to overrun many roads.

Regardless of how you feel about the aesthetic qualities (or lack thereof) with these signs, they cause a significant amount of trouble for State Highway Administration (SHA), the agency tasked with taking care of Maryland's highways. During testimony this week, SHA testified that over $600,000 is spent annually to remove unauthorized signs from State right-of-way. In 2008 alone the agency estimated that it removed 70,000 illegal signs. These signs also impede maitenance progress, like the mowing of roadways. Moreover, SHA believes that unauthorized signs pose a safety hazard, distracting drivers from the task at hand.

But all of this would change with passage of new legislation, Senate Bill 410. Currently, SHA is the only organization authorized to clear signs from State highways. SB 410 delegates power from SHA and shifts it to the county or municipalty where the sign stands. With the passge of the legislation, the local jurisdiction will be able to remove signs from a State highway themselves. Additionally, the bill would assess a $25 fine on any business or person found to be violating the law. The hopeful result of the legisation is a win-win that empowers local jurisdications to keep their highways well-maintained and reduce the litter associated with unauthorized signs.

There was no opposition to the bill. It seems as though all signs point to a postive outcome and cleaner highways for Marylanders.

Update on Texting and Driving...

According to The Baltimore Sun's Maryland Politics Blog, the Maryland Senate has voted favorably on legislation that would ban reading a text while driving.  Similar legislation has moved through the House as well.  Read the full story on Maryland Politics.

It’s Just a Question....

Picture this: a contractor comes out to your house to give you an estimate for a new deck.  The contractor looks at the project, and then asks you for a copy of your tax return so she can work up a price quote.  Concerned?

If you are, then you might share the insurance industry’s view of HB 921.  The legislation, heard last week in the House Judiciary Committee, requires an insurance carrier, upon written notice of a claim, to disclose to the plaintiff the amount of insurance coverage on the claim.  Under current law, that information only is required to be disclosed after a lawsuit is filed.

Plaintiffs’ lawyers believe early disclosure of policy limits will lead to faster claims settlements and fairer negotiations.  They say the current law on disclosure encourages unnecessary lawsuits.  This happens when a high-damaged plaintiff starts settlement negotiations.  Even if you have $50,000 in medical bills, you still might take an insurance company payment of $30,000 if that is all the insurance available.  But if you think the defendant might have a $100,000 policy, you won’t take the $30,000 offer, and you will sue.  In short, they claim uncertainty leads to lawsuits.

Insurance carriers and privacy experts have a different view of the bill.  The carriers say the amount of insurance should not change the value of the injury.  The industry fears people would demand higher settlements if they knew more insurance was available.  Privacy advocates worry that personal financial information involving the amount of insurance you have on your business, car, home, or profession ought to remain personal.  They fear that there is insufficient protection of your personal financial information. First, the insurance company does not have to notify you before it is sent out, and second, the fact that you deny causing the accident does not keep the plaintiff from getting your personal insurance information.

So back to the original question.  Are you comfortable telling that contractor how much your make before she gives you a bid?  If you didn’t have much money, perhaps it could help you.  If you are well off, perhaps it would inflate the cost.

Is it any different with your insurance information?

Car Rentals and Insurance

Should your personal automobile insurance policy be primary when you rent a vehicle in the State of Maryland?  Currently, it isn't.  If you rent a vehicle in Maryland, the car rental company covers you and the vehicle you've rented.  House Bill 1058 and its companion, Senate Bill 711 would shift the insurance responsibility from the rental company to your personal automobile policy.

Proponents of HB 1058 and SB 711  testified that Maryland is one of only six states where the car rental company is responsible for insuring the vehicle.  Being primary puts the rental car company at risk for numerous claims and settlements that may drive these self-insured companies out of business. Opponents of the legislation say the shift is too radical, and could create confusion as insurance usually follows the vehicle and not the person driving it.  Moreover, they assert, if you bought a policy to cover a 1997 Chevrolet, why should they be forced to cover your 2011 rental convertable? 

Proponents believe, that if passed HB 1058 and SB 711 would save Maryland rental car companies a substanital amount of  money. Opponenets say these costs will be paid by everyone in the form of increased automoble insurance coverage premiums.  The real question is, will the saving results in lower rental car rates for consumers?

Motor Scooters – like a bike, or like a motorcycle?

HB 961 and SB 708 require that certain motor scooters be titled and registered with the Maryland Motor Vehicle Administration. The bills also require that motor scooters be insured.

To decide where you stand on this issue, take this short SAT-like test:

Cars are to insurance like motor scooters are to:

1. Motorcycles
2. Bicycles

How you answered the above question has a profound impact on whether you support or oppose HB 961 and SB 708.  Under existing law, a motor scooter is not considered a motor vehicle, it is treated like a bike. This is an important legal point. Because it is not a motor vehicle, a scooter does not have to be insured.  More importantly, your car’s uninsured motorist coverage may not protect you in the event of an accident caused by a motor scooter. Similarly, if you are a qualified* pedestrian struck by a motor scooter, you cannot recieve compensation from the Maryland's Unsatisfied Claim and Judgment Fund, because that fund only compensates qualified victims of uninsured motor vehicles.

Supporters of the legislation believe the number of motor scooters on the road is growing; and that they are capable of causing accidents that should be covered by insurance. Opponents feel that forcing these costs on riders will make consumers less likely to buy motor scooters, and force them to use less safe motorbikes instead.

In contrast to motor scooters, motorcycles must be registered with the MVA, and must carry liability insurance. Bicycles, on the other hand, do not have to be registered or insured. If you answered (b) to the test, then the law does not have to change. If you answered (a), then maybe you want change.

　

Both sides have valid points. But if your barefoot toes are run over by a motor scooter in Ocean City this summer – will you treat it like an injury by a bicycle or a motorcycle?

*Insurance Article Section 20-601 of the Maryland Annaoted Code uses only 211 words to define "qualified person."  Basically, it requires you to not own a car or have any other insurance you could use to cover the injury. 

There, that took only 16 words.

The Need for Speed - House Bill 904

We've all done it - approached a work zone in our vehicle, scanned the area for workers, and wondered if the posted speed limits really applied if no workers are present.  New legislation introduced by Baltimore County Delegate Jill Carter would leave no room for ambiguity in this question.  House Bill 904 proposes an exception to the current law that would prohibit the use speed cameras when no work is taking place within the work zone. 



Legendary "speeder" Tom Cruise

Speed cameras have become increasingly prevalent in work zones allowing "eyes" to be on drivers at all hours of the day, regardless of the time the work is taking place.  Many citizens have questioned the reasonableness of a speeding ticket issued in a work zone at midnight or in the wee hours of the morning.  Those citizens have voiced their displeasure to their local legislators, no doubt resulting in the creation of this legislation.  Proponents warned that if the law remains, public anger will only continue and intensify.

Original "speeder" Speed Racer

Despite what might seem as an unfair tactic by "Big Brother" to enhance State revenue, opponents argue that speeding in work zones at any time of the day poses a very real hazard.  In fact, statics provided showed that in 80% of work zone accidents, it is the driver of the vehicle that is injured, not the worker.  The men and women in the work zones aren't the only potential hazards to drivers - narrow lanes, uneven pavement, cones, barrels all require that drivers pay extra attention while driving through a highway work zone.  Opponents fear a change to the law would only add a distraction as drivers would begin to scan the work zone to see if it was operational before deciding to hit the gas pedal.

This is the second time around for this particular bill, but something tells us there isn't one cure-all answer for the issue.  As work zones continue to pop up around all major highways (there are 300 active work zones in  Maryland at any one time), citizens continue to speed, and constituents continue to complain, it doesn't seem as though a policy that plays fair without compromising safety is on the horizon.

Quick Hits

Baseball is starting so here are some quick hits.

SB 586/ HB 388/ SB 140 – These three bills allow plaintiffs to serve the Maryland Motor Vehicle Administration as agent for the car driver, when the insured was not found by earlier efforts.

SB599/ HB921 – Requires insurance companies to disclose an insured’s policy limits before the start of litigation.

SB142 – Requires insurance companies to disclose any address information it has on its insureds.

If you want your voice heard on these insurance issues, send a note to your representative.