Session Scoop: HB 1178 - Failure to Render Assistance

In the final scene of the series Seinfeld finds Jerry, Elaine, George and Kramer in a jail cell. They’d been arrested under a Good Samaritan law for standing by and watching while someone was being mugged. This year, a similar law has come up for debate here in Maryland. (HB1178)

Earlier this session, we shared the story of Nathan Krasnopoler, the Hopkins student who was struck by a car while on his bike, and later died. Nathan’s mother, Susan Cohen has previously appeared, encouraging legislation for cognitive testing of elderly drivers, such as the one who ran over her son. Mrs. Cohen recently returned to Annapolis to share her son’s story once again in an effort to get the House to pass legislation that would make “failure to render assistance” a citable offense.

Though knocked unconscious, Mr. Krasnopoler was alive after the initial accident. However, the 83 year old driver of the car never called for assistance. She simply got out of the car, which was still running, and sat on a curb next to the accident scene….no call to a passerby for help, no call to 911. Witnesses later said that it simply appeared that a young man was under the woman’s car, trying to fix it while she sat on a nearby wall. Instead, that young man was dying, the weight of the car crushing his chest.

The moments that were lost while the driver sat idly by could have made the difference between life and death for Mr. Krasnopoler. That driver was only given two citations, neither related to the injuries she caused to Mr. Krasnopoler. Both were simply traffic citations: “Failure to yield right of way” and “negligent driving.” She did not receive any points on her license, nor was it suspended.

Under the this bill, failure to render assistance would result in eight points being assessed to the violator’s license, as well as their license being suspended for a minimum of two days and a maximum of 30 days for the first offense. A second offense would result in a minimum suspension of fifteen days and a maximum of ninety. In addition, once a driver has five points against their license, they’re required to take a driver improvement course. So this law would make that automatic.

It’s unfortunate that something as simple as calling 911 to get help for someone pinned underneath of a car requires a law. You would hope that it would be anyone’s first instinct.

This Week at the Circus: March 12 - 16



This way to Annapolis!

With only four weeks remaining, the pace is picking up at the Assembly. This week, the full Senate will pass a budget (still no gas tax) and send it over to the House for consideration.

Freed of the budget issue, watch as the Senate unveils its yearly version of a clown car. It will be amazing just how many bills will escape committee this week and perform on the Senate floor starting next week.

In preparation for that show, the Scoop will be in committee hearings watching to see just how many bills make it into that car. Among the bigger issues...

SB 732- Low-cost Automobile Insurance/Prince Georges County: This bill would create a Low-Cost Insurance Program in Prince Georges County and would require MAIF to create a new, low-cost policy in order to insure those residents who apply and qualify.

SB1006- MAIF Producer Commissions: This bill will allow MAIF to determine a commission between 10% and 15% to be paid to the Producers who sell MAIF policies. Currently, the maximum commission MAIF may pay is 10%.

HB1335- Carrying and Displaying Proof of Insurance: This would require all Maryland drivers to carry proof of insurance with them when operating a vehicle. It would also require all Maryland police officers to demand to see proof of insurance from any driver they detain for a violation.

SB 785- Prohibiting Use of Credit History in Rating Insurance Policies: Insurance providers would no longer be able to take credit history into account when rating someone for insurance. (Note: MAIF does not take credit history into account for this purpose).

SB938- Rescission of Policy or Binder: This would allow an insurance company to cancel a policy, retroactive to its effective date if the check used to pay the initial premium is fraudulent or returned for non-sufficient funds.

In addition to the Senate voting on the budget, the House Budget Appropriations Committee will hold their decision meetings for the budget hearings they held last week.

That's what we'll have our eye on this week...when we're not hanging around State Circle enjoying the amazing weather that's expected over the next several days, that is.

Amid the Chaos of Session, There is Art

If you've never been to the Miller Senate Building to watch or testify in committee hearings, you might not be aware that Annapolis is home to two of Maryland's artistic treasures.

As you cross the threshold of the building, you walk over a marble mosaic of the Great Seal of Maryland. The marble is from Virginia.

The Seal dates back to Maryland's founding as a colony in 1634. Like the state flag, it features a shield bearing the colors of the the Calvert and Crossland families. The two men holding the shield represent Lord Baltimore's two estates in the new world. The Farmer represents Maryland and the fisherman represents Avalon in Newfoundland. Though it could just as easily represent life on the Chesapeake Bay.

To this day, the imprint of the Great Seal is required to authenticate all acts of the General Assembly.

As you stand on the seal, if you were to look up, you would find yourself under an amazing glass dome.

The dome was created in 1903 by Tiffany Glass & Decorating Co. It's twenty feet in diameter. Oddly this dome has moved multiple times in its life, installed for a time in the Joint Hearing Room. It returned to the Miller Office Building in 2000.

There are also five Tiffany skylights in the State House, as well as two windows in the Joint Hearing Room which bear the Great Seal.

The next time you're in Annapolis, don't just visit the harbor and the Naval Academy. Make sure to check out some of the works of art in and around the State House.

This Week at the Circus: March 5 - 10



We're gonna need a bigger hat.



With only five weeks left in the 2012 legislative session, the Assembly will now try to perform its annual magic trick. Watch in the coming weeks as members make the state's one billion (yes, with a b) structural deficit disappear.

Here's what we'll be watching, in addition to our wallets:

HB1180: MVA Reporting- Requires insurance providers to submit immediate electronic notification of new policies or cancelled policies to the MVA. The current law only requires carries to submit cancellation information and gives a 30 day window. (Note: MAIF already follows this procedure of immediate electronic notification).

HB566: Impound of Vehicle with Lapsed Security (Insurance)- This law would prohibit police from impounding vehicles found to be operated without the required amounts of insurance, as long as the operator could provide evidence that there is, in fact, coverage in force.

HB15: Maryland Medical Marijuana Act- This would make it legal for Maryland residents who have been diagnosed with “debilitating medical conditions” by a certified medical practitioner to use medical marijuana. If this passes, expect an epidemic of glaucoma and post-traumatic stress disorder diagnoses in Maryland.

In addition to HB15, HB1024 would create a Medical Marijuana Commission and HB1158/SB995 would create a Medical Marijuana Oversight Committee.

SB455/HB526: Special Appointments- This law would change the employment status of certain employees with the Maryland Correctional Enterprises and Attorney General Offices, switching them from Special Appointments (at-will) to skilled service (grade and step). It specifies that Assistant Attorney Generals would be Special Appointment.

MAIF’s House Budget Hearing- Already heard by the Senate, MAIF’s Budget will be reviewed by the House this week.

HB784/SB249: Millionaires Tax- Raises the State income tax rate for those making in excess of $1,000,000 per year to 6.25%.

HB1051:  Services Tax- Redefines which services qualify as “taxable services.” Parking Facilities, Tanning and Massage Service…even “Escort Service” (yes, it’s in the bill) all qualify as taxable.

And the most interesting thing on tap this week (unless we lost people back at HB15) is the Creation of State Debt sessions. Each year, both the House and Senate set aside one Saturday to hear “Bond Bills.” These are bills from around the state requesting funding for various projects. This Saturday, the House will hear 90 bills between 9am and 3pm, with one carrying over to Monday, and the Senate will hear 100 bills, with 10 carrying over to Monday’s schedule. These requests range from a new roof for a visitors center, to athletic fields at the University of Maryland, to National Aquarium Infrastructure, to renovation of a Dinosaur Park. Around Annapolis, this day is known as The Beg-a-thon.

And that's what we're keeping an eye on this week.

A Vote of Conscious

The storm clouds hovering over the national political climate today could make even a young Candide pessimistic.

Cable television shows thrive on pitting the extremes of each party against one another.  These debates denigrate into virtual name calling.  Adding to the public’s cynicism is the unfolding reality of strict party line votes in the U. S. House of Representatives and Senate.  Bipartisanship, some say, is on the scrap heap of history.  Legislators divide by party, and march in lock-step in opposite directions, responding only to the cadence of their political leaders.

Happily, these clouds have not yet enveloped our state General Assembly.  In Annapolis, the spectrum of views remains broad, and the leadership is quick to concede that their members are not lemmings.  Instead, leadership in Annapolis means learning how to herd cats.  This rampant individuality was on full display in the vote on HB 438 (The Marriage Equality Act).  Regardless of how you feel on the issue, this was no party line vote.  Those types of votes are labeled “leadership calls,” and they demand strict loyalty from the party ranks.  Despite the importance that both parties leadership placed on The Marriage Equality Act, this was a declared “vote of conscious.”

A vote of conscious frees each individual delegate or senator to vote as they feel compelled to vote – with no recriminations or retaliation from party leadership.  These types of votes recognize that the individual’s compass and their constituent’s views are guiding the outcome, not the cadence of leadership.

It is reassuring that the sun still shines on “votes of conscious” here in Annapolis.  It is a better system because diversity of views is allowed to thrive, and the opinion of the constituents still matter.

Helmets: Are We For or Against Them This Week?



Hey. If I have to wear a helmet when
I'm on my hog...so should they!

We’ve mentioned in the past that the Legislative Session can sometimes make for strange bedfellows. Here’s another head-scratcher of an example:

On February 14, a representative for ABATE of Maryland, a motorcyclist group that turns out in force each year to oppose mandatory helmet laws, showed up to argue FOR the required use of helmets.

This testimony came during the Senate Judicial Proceedings Committee’s hearing of SB 309, which we talked about last week. In addition to titling, registering and insuring mopeds and scooters, this law would require all riders of these vehicles to wear helmets and protective eye wear. The representative from ABATE argued that while their organization doesn’t agree that an adult should be required to wear a helmet, if motorcyclists have to wear them, then those driving scooters and mopeds should have to as well.

Ah, yes. The classic, “why do they get to do it if I can’t?!” argument. The go-to debating tool of first-graders, everywhere.

But wait, the story doesn’t end there. Just one week later, members of ABATE showed up in the same chamber, to testify in front of the same committee against mandatory helmet laws. (SB 488) Scooters and mopeds were again referenced when one motorcyclist asked the committee why people on scooters could make the choice to ride without a helmet, but he couldn’t.

Are we all thoroughly confused yet? Par for the course in Annapolis.

This Week at the Circus



The 90-day General Assembly session has passed the halfway point. Potentially divisive issues including legislative redistricting and several bills on social issues dominated the first half, but are now resolved.

This week, the Scoop will be watching carefully as elected Delegates and Senators take on the budget and a host of insurance issues. But don't worry, they aren't working on the gas tax yet (insert your own joke here).

Here's what we're watching this week:

HB 569 / SB 624 - Motor Scooters: This is a bill by the Motor Scooter retailers to defeat efforts to require insurance on scooters.

HB 356 / SB 907 - Rental Vehicles: Making your own policy primary instead of the rental company's policy.

HB 87 / SB 152 - Budget Reconciliation and Financing Act:  Transfer of funds from IWIF to the General Fund/Income tax deduction/Teacher pension subsidy shifts from State to counties/Digital Product Tax Reform (music, books, movies)

HB 1017 / SB 745 - IWIF Reform: Proposing that the Injured Workers Insurance Fund convert from a quasi-State entity to a private insurance company called the Chesapeake Employers' Insurance Company.

In addition to those, MAIF's budget hearing will be held this week.

Then there's the Host of Insurance related Legislation we mentioned earlier, being heard in the the House Economic Matters Committee:
HB 861 - Unfair Claims Practices
HB 876 - Commercial Insurance
HB 1059 - Rescission of Policy or Binder (bad check)
HB 1095 - Discovery of Material Risk Factor (misrepresentation)
HB 1094 / HB 1097 - Fraud language
HB 1105 -Bundling Prohibition (homeowners and auto)

Definitely a busy week on tap down on State Circle.