2007 Legislative Status Report

The mission of the Women's Law Center is to promote and protect the legal rights of women. Therefore, our advocacy work with the General Assembly is critical to the accomplishment of this goal. During the 2007 legislative session, we monitored over 60 bills that could affect women's legal rights. We took positions on 34 bills by submitting written or oral testimony to educate legislators about the specific impact of the bill. We also sent out 35 legislative alerts to let our members and supporters know about the legislation and to encourage them to contact their legislators.

The following is a report on the final outcome of the bills that the Women's Law Center supported or opposed.

Family Law

HB422  Alimony and Child Support - Exemption from Execution on a Judgment - PASSED
Makes child support completely exempt from judgment for repayment of an outstanding debt and makes alimony exempt to a certain extent.

SB503/HB265  Family Law - Child Support - Health Insurance - PASSED
Moves the cost of health insurance from an above-the-line deduction in the child support calculation to a below-the-line expense divisible proportionately between parents based upon the amount each contributes to a child support obligation.

HB536  Family Law - Paternity - Dependent Disabled Child - PASSED
Provides that the mother of a disabled child who was not married to the father of that child at the time of the child's birth may file a proceeding to establish paternity anytime before the child's 21st birthday.

HB266  Family Law - Child Support - Actual Income - FAILED
Allows the court to consider voluntary contributions to deferred compensation plans as part of a parent's actual income when calculating child support. Unfavorable report in House Judiciary Committee.

HB1327  Children - Joint Legal Custody and Equal Parenting Time - Preference - FAILED
Creates a preference for joint legal custody and physical custody for equal periods of time for each parent. No action by House Judiciary Committee.

SB679/HB648  Family Law - Denial of Paternity, Custody and Visitation - FAILED
Provides that when a child is conceived as a result of a rape, incest, or sexual abuse of a minor, custody or visitation may not be awarded to the father except in limited circumstances where supervised visitation is in the best interests of the child and the father is excluded from participation in an adoption process. Passed Senate; no action in House Judiciary Committee.

Domestic Violence

SB199/HB427  Family Law - Protective Orders - Duration of Final Order - FAILED
Extends the duration of a final protective order from 12 months to 24 months. Passed Senate; unfavorable report in House Judiciary Committee.

SB505/HB415  Family Law - Protective Order - Burden of Persuasion - FAILED
Lowers the standard of proof for a final protective order from clear and convincing evidence to preponderance of the evidence. Unfavorable report in Senate Judicial Proceedings Committee and House Judiciary Committee.

SB607/HB446  Real Property - Wrongful Detainer - Protective Orders - FAILED
Allows the court to order the abuser to leave the home under a protective order statute even if the home is titled in the abuser's name only and the victim's name is not on the title to the property. No action in Senate or House.

HB765  Domestic Violence - Spousal Privilege - Repeal - FAILED
Abolishes the spousal privilege that allows a married victim of domestic violence to refuse to testify at a criminal trial. Unfavorable report in House Judiciary Committee.

SB965/HB1376  Protective Orders and Stalking - Cruelty Toward a Pet - FAILED
Allows a judge to order an abuser to remain away from the victim's pet and to refrain from cruelty toward the pet and includes acts involving pets within the definition of stalking. No action in Senate or House.

SB533/HB324  Removal of Religious Barriers to Remarriage - FAILED
Removes any barriers a litigant may face to having a religious remarriage after receiving a civil divorce in a Maryland court by requiring the other spouse to sign an affidavit indicating that he or she has removed all religious barriers to remarriage. Favorable report with amendments in Senate Judicial Proceedings Committee; failed vote in Senate; withdrawn in House.

Discrimination

SB516/HB945  Human Relations - Sexual Orientation and Gender Identity and Expression - Antidiscrimination - FAILED
Prohibits discrimination based on gender identity and expression in employment, housing, credit and public accommodations. Unfavorable report in Senate Judicial Proceedings Committee and no action in the House Judiciary Committee.

Marriage

SB564  Valid Marriages - FAILED
Constitutional amendment establishing that only marriage between a man and a woman is a valid marriage. No action by Senate Judicial Proceedings Committee.

HB919  Maryland's Marriage Protection Act - FAILED
Constitutional amendment establishing that only marriage between a man and a woman is a valid marriage, repeals all protections based on sexual orientation and bans teaching of same sex relationships in schools. Unfavorable report by House Judiciary Committee.

HB774  Family Law - Marriage Definition and Benefits - FAILED
Provides that marriage is between a man and a woman only and and that insurance providers and employers are not required to provide the same benefits to married and unmarried insured members. Unfavorable report by House Judiciary Committee.

Health

HB1057  Health Insurance - Family Coverage Expansion Act - PASSED
Requires health insurance companies to provide, at the request of the employer, policies that cover domestic partners and dependent children up to the age of 25.

SB774/HB1049  Task Force on HPV Vaccine - PASSED
Provides for the establishment of a Task Force on the HPV Vaccine to make recommendations that address age requirements, mandatory use of the vaccine, availability, affordability and public education.

HB883  Teen Pregnancy - Prevention - Grant and Aid Programs - FAILED
Provides for a grant program to support pregnancy prevention programs for at-risk teenage girls and a study to determine the feasibility of replicating successful programs. No action in House Health and Government Operations Committee.

Human Trafficking

SB606/HB876  Human Trafficking Extortion and Involuntary Servitude - PASSED
Makes it a crime to solicit minors for prostitution and to obtain labor or services through violence, threats or extortion.

Employment

SB678/HB314  Human Relations Commission - Hearings and Civil Actions - Relief - PASSED
Creates a private right of action in discrimination cases by allowing complaints to be filed in circuit court and provides for damages.

SB260/HB212  Labor & Employment - Leave with Pay - Illness of Employee's Immediate Family - FAILED
Provides that if an employee works for an employer that provides leave with pay (sick leave, vacation leave or compensatory time) the employee may use their earned leave to care of the illness of the employee's immediate family. Unfavorable report in Senate Finance Committee; no action by House Economic Matters Committee.