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for EARN and the Veterans Full Employment Act of 2013
April 9, 2013
In January, Governor O'Malley presented a robust legislative package and responsible FY 2014 budget. It
focused efforts to protect the progress we've made and positions Maryland for greater job creation, opportunity
expansion, and economic growth in the years ahead. Highlights of the Administration and DLLR's budget and legislative agenda are:
To help more Marylanders obtain the skills they need for innovation sector jobs, the O'Malley-Brown
Administration is investing $4.5 million in the new Employment Advancement Right Now Program (EARN), an
initiative that will foster workforce training collaborations between businesses and government in key
sectors. EARN will create jobs by preparing Maryland's workforce to succeed in the 21st century, especially
in key industry sectors such as cyber technology, healthcare and wellness, construction, and manufacturing.
EARN will provide funding for workforce training collaborations between businesses, local government, and
non-profits so that Maryland's working families have the skills necessary for employment advancement in
sustainable jobs. As a result of such training, EARN will create jobs by closing the gap between the workforce
needs of employers and the skills of Maryland's workforce.
EARN is established and administered by DLLR in consultation with DBED and BWIB to provide competitive
grants for specified industry partnerships and training programs. DLLR must also develop and implement a
State employment advancement strategy, in consultation with DBM, and develop a "Train Maryland" website
in consultation with DBED and DoIT.
On or before December 31 each year, DLLR will report to
the Governor and the Senate Finance and House Economic Matters
Committees on specifics outlined in law. DLLR must convene
a workgroup of stakeholders to advise on the development
and implementation of EARN and DLLR must provide to individuals
receiving or applying for unemployment benefits information
on the EARN program.
The Veterans Full Employment Act of 2013
This Administration bill facilitates professional licensing for active military personnel, veterans,
and their spouses through the expedited issuance of specified licenses, registrations, and certificates.
To expedite the renewal or change of status of a mortgage loan originator license for a service member,
veteran, or military spouse, the Commissioner of Financial Regulation in DLLR must waive, as applicable,
the State criminal history check and may waive or suspend any other licensing requirements to the extent
that the waiver or suspension does not result in the failure to meet specified federal minimum licensing
standards. Identical provisions apply to expedite the issuance of a license to a service member, veteran,
or military spouse who holds a valid mortgage loan originator license in another state. The commissioner
must publish on the commission's website the expedited processes for the issuance, renewal, or change of
status of a license issued under the bill. Occupational and professional licensing boards in DLLR is
authorized to issue a temporary license to service members, veterans, and military spouses under certain
circumstances, unless doing so would pose a risk to public health, welfare, or safety. A temporary license
is valid until the earlier of six months after the date of issuance or the date on which a decision on a
permanent license is made. There are certain requirements that must be met, in addition to payment of an
application fee. In calculating an individual's years of practice in an occupation or profession, each unit
and board must give credit for all relevant experience. Each unit or board must publish on its website the
process for obtaining a temporary license or, if applicable, the process for obtaining a permanent license.
On or before January 1, 2014 and January 1, 2015, participating state agencies shall report to the General
Assembly on the implementation of this Act.
The budget increases funding for Adult Education initiatives that enhance employment opportunities by
helping individuals earn their high school diploma and continue their education or training at the post-secondary
level: $1m. in general funds for Literacy Works grants, and $505,000 to keep the cost of taking the GED exam
affordable for the nearly 10,000 Marylanders who annually seek the credential.
The Governor's budget includes $2.2m. for the Maryland Longitudinal Data System (MDLS) Center, which
will be launched in spring 2013 and fully funded in FY 2014. The Center will collect and analyze education
and workforce data on each individual student in Maryland to determine how students are performing and to what extent they are prepared for higher education and the workforce. Center data will be made available online to researchers, policy makers, parents, students, educators, and the public.
The FY 2014 allowance for DLLR totals $341.3 million, an increase of $12.3 million, or 3.8% over FY 2013.
Operating budget (HB 100) amendments were adopted to include language to withhold $150,000 of DLLR's
administrative appropriation as a result of repeat findings in the most recent fiscal compliance audit
issued by OLA, in accordance with procedures established by the Joint Audit Committee. DLLR must take
corrective action on or before January 1, 2014; and a report must be submitted to the budget committees
by OLA listing each repeat audit finding along with a determination that each repeat finding was corrected.
The budget committees shall have 45 days to review and comment to allow for funds to be released prior to
the end of fiscal 2014.
Included in the operating budget bill was the Supplemental Budget # 1 released on April 1, 2013: 1) $2
million additional funds for EARN; 2) $496,573 for regulatory oversight of horse racing and pari-mutuel wagering
at Rosecroft Raceway; 3) $840,000 for summer jobs programs for Maryland youth; and $500,000 for adult literacy grants.
The budget contingency language for EARN was satisfied by the passage of the legislation.
The Budget Reconciliation and Financing Act of 2013 (HB102) included modifications in the distribution of
racing revenue impact aid to provide for pro-rata allocations of local impact grants if revenues are insufficient.
The budget bills were adopted April 5, 2013.
Successful Administration Bills
HB226 - Maryland Offshore Wind Energy Act of 2013
HB227 - Maryland Employment Advancement Right Now (EARN)
SB276 - Death Penalty Repeal & Appropriations from Saving to Aid Survivors of Homicide Victims
HB100 - Budget Bill (Fiscal year 2014)
HB102 - Budget Reconciliation and Financing Act of 2013
HB229 - State Aid for Public Education- Certification of Net Taxable Income
HB5560 - Public- Private Partnerships
HB224 - Election Law- Improving Access to Voting
HB228 - Maryland Health Progress Act of 2013
HB863 - Higher Education Fair Share Act
HB0101- Creation of State Debt- MD Consolidated Capital Board Loan of 2012 & the MD consolidated Capital
Bond Loans of 2006, 2007, 2008, 2009, 2010 and 2012
HB1515 - Transportation Infrastructure Investment Act
SB281- Firearm Safety Act of 2013
HB115 - Creation of State Debt- Qualified Zone Academy Bonds
Successful Departmental Bills and other bills of interest:
HB225/SB273(ADM) - Veterans Full Employment Act of 2013
HB291/SB383 - Stopping Fraud in Mortgage Assistance Relief Services - Requires a mortgage assistance
relief service provider providing mortgage assistance relief services to comply with federal regs. The bill gives
the Commissioner of Financial Regulation, the AG, and the State's Attorneys authority over violations of the bill.
The bill creates a private right of action for damages incurred. The bill expresses legislative intent to implement
in State law the consumer protections available under federal regs governing mortgage assistance relief service
providers. The bill does not have any effect on the authority of the Commissioner to regulate or take any enforcement
action against these providers. The bill takes effect July 1, 2013.
HB785/SB375 - Maryland Credit Services Business Act/Scope - This bill narrows the scope of the Maryland
Credit Services Businesses Act by excluding a State-licensed associate real estate broker or real estate salesperson
from the definition of "credit services business."
SB199/HB88 - Refinance Mortgage-Junior Liens - This bill authorizes a mortgagor or grantor to refinance
the full amount of the unpaid indebtedness secured by a first mortgage or deed of trust on residential property
for a lower interest rate than provided for in the evidence of indebtedness secured by the first mortgage or deed
of trust without the permission of the holder of a junior lien, as defined by the bill, if (1) the principal
amount secured by the junior lien does not exceed $150,000 and (2) the principal amount secured by the refinance
mortgage does not exceed the unpaid outstanding principal balance of the first mortgage or deed of trust plus $5,000.
The bill applies prospectively and does not apply to a refinance mortgage recorded or having an effective date
before the bill's October 1, 2013 effective date.
HB348 - Employer Contributions- Application for
Refund/Adjustment (DEPT) - Allows employers an additional year to submit an application for refund or
adjustment for UI contributions paid.
HB354 - Recovery of Benefits - Monetary Penalty for Fraud
(DEPT) - Authorizes DLLR to impose an additional monetary penalty on claimants who fraudulently obtain UI benefits.
HB583 - Relief from Charges for Overpayment of
Benefits/Restrictions (DEPT) -
Prohibits DLLR from removing recoverable UI benefits charged to an employer if the benefit was paid as a result
of the employer's failure to provide timely or adequate information related to a claim and the employer has not
shown good cause for failure to provide the information.
HB955/SB888 - Task Force to Study Temporary Disability Insurance Programs -
Establishes the Task Force, specifies the membership, and requires the Governor, the President of the Senate, and
the Speaker of the House to appoint members to the task force. The chairperson is designated by the Governor. The
Maryland Insurance Administration (MIA) must provide staff support for the task force. A final report with findings
and recommendations is due by December 1, 2013, to the Governor and the General Assembly. The bill takes effect
June 1, 2013, and terminates May 31, 2014.
Occupational and Professional Licensing
SB66 - MHIC-Membership/Quorum/Meetings (DEPT) - Increases the membership of MHIC from seven to nine
(by adding one consumer member and one industry or consumer member). The bill also changes the number of members
needed for a quorum or for MHIC to take action to reflect the number of members currently serving, rather than
the authorized membership. The frequency with which MHIC must meet is decreased from at least once per month to
at least once every two months. MHIC must report annually by December 1 to specified committees of the General
Assembly (1) the attendance at each commission meeting; (2) the number of guaranty fund claims closed at each
meeting; and (3) how many guaranty fund claims remain open at the end of each meeting. The bill takes effect July 1, 2013.
SB280 - Landscape Architects-License Renewal-Continuing Competency
Requirement (DEPT) - Requires the State Board of Examiners of Landscape Architects to establish, by
regulation, continuing professional competency requirements for licensed landscape architects. Licensees must
complete at least 24 hours of professional development activities as a condition of each license renewal,
except for the first renewal. The requirement is phased in for licensees whose license expires before October 1, 2016.
HB225/SB273(ADM) - Veterans Full Employment Act of 2013
HB347-Professional Engineers Firm Permits (DEPT) - Establishes a permitting framework for
professional engineering firms and generally requires that, beginning on October 1, 2015, a corporation,
partnership, or limited liability company (LLC) must hold a permit issued by the State Board for Professional
Engineers before the firm may operate a business through which engineering is practiced.
HB349 - Cemeteries-Prohibited Acts and Penalties (DEPT)
- Establishes tiered systems of penalties for violations of perpetual care requirements, preneed sales
requirements, and other prohibited acts in the industry regulated by OCO. The bill takes effect July 1, 2013.
HB351 - MMA-Licensing and Regulation (DEPT) - Authorizes the Commission to directly regulate MMA
and amateur kick boxing events and license associated contestants and staff. The bill takes effect July 1, 2013.
HB353 - Engineers & Land Surveyors-Licensing/Exams (DEPT) - Allows for the computer-based
delivery of uniform national licensing exams to applicants for land surveyors licensure; makes changes to
delivery of exam results reexam procedures for both boards; and codifies existing practice for surveyors
board of offering separate state-specific exams and requires additional years of relevant experience in one
of the pathways to licensure.
HB355 - Stationary Engineers-Qualifications (DEPT) - Authorizes an applicant for a Grade 1 or Grade
2 exam to receive one year of credit for holding a current active license as a master restricted refrigeration
contractor with the HVACR board. The bill takes effect July 1, 2013.
HB209/SB238 - Accountancy Board Extension - Extends the board to July 1, 2025 and requires the board,
by October 1, 2013, to submit a report to the Senate Education, Health, and Environmental Affairs Committee and
the House Economic Matters Committee. Specifically, the board must report on (1) fund balances, changes to the
target fund balances, and future plans to use any remaining surplus; (2) findings and recommendations related to
the outsourcing of exam application processing; and (3) specified information pertinent to the board's oversight
of the peer review process. The bill takes effect July 1, 2013.
HB270/SB350 - Electrical & Plumbing Inspectors - Master License Required - Generally requires a
county or local government to employ licensed or recently licensed master electricians as electrical inspectors
and licensed master plumbers as plumbing inspectors, subject to specified exceptions. This requirement applies
only to electrical and plumbing inspectors hired after the bill's effective date of January 1, 2014.
SB766/HB828 - Oil and Gas Land Professionals - Registration - Requires a person operating as a "land
professional" in the State to be registered with DLLR and issued a registration certificate by the department.
The bill takes effect June 1, 2013.
SB916 - Task Force on Requirements for Electricians - Establishes a Task Force to Study Licensing and
Continuing Education Requirements for Electricians. DLLR must provide staff for the task force. The task force
must report its findings and recommendations for legislation to the Governor and General Assembly by November
15, 2013. The bill takes effect July1, 2013, and terminates June 30, 2014.
SB1068 - Commission to Study the Regulation of Payroll Services - The commission must study (1) the
function, size, and structure of the payroll services industry operating in the State; (2) the role of the payroll
services industry in the tax payment system at the State and federal levels; and (3) the nature, oversight, and
regulation of payroll service companies in other jurisdictions, including any licensing, permitting, and bonding
requirements. The commission must also make recommendations for regulating payroll service companies in the State,
including (1) the best practices for preventing fraud by payroll service companies in the collection and payment
of taxes and (2) the feasibility and cost of establishing State licensure or registration of payroll service
companies. The Comptroller's Office must provide staff for the commission. The commission must report its findings
and recommendations to specified committees of the General Assembly by December 15, 2013. The bill takes effect
June 1, 2013, and terminates June 30, 2014.
HB766 - Environment - Severn River Watershed - Silt and Erosion Control - Certification - Authorizes a
professional land surveyor or a licensed landscape architect to certify that a developer's plan to control silt
and erosion is adequate to contain silt and erosion on the property covered by the plan.
HB1040 -Secondhand Precious Metal Object Dealers & Pawnbrokers - Revisions - Authorizes a law
enforcement agency to extend the period for which specified items suspected of being stolen must be held by
licensed dealers; exempts a transaction by a retail jeweler if the jeweler participates in a "remount sale."
This bill repeals the current exemption for transactions involving "numismatic items;" and the prohibition
against counties or municipalities enacting a law to regulate these items is repealed while the prohibition
against regulating coins is retained.
HB 1301 - Limited Licenses for Hairstylists - Establishes a limited license by the Cosmetologists
Board to provide hair services under specified conditions.
Labor and Industry
SB82 - Elevator Safety-3rd Party Inspectors (DEPT) - Changes the definition of "third-party qualified
elevator inspector" to mean an American National Standards Institute or the National Commission for certifying agencies.
SB305/HB296 - Labor and Industry- Sunset Extension - Repeals the termination date for DLI and its
Employment of Minors and Wages and Hours units, and requires an evaluation of the division by July 1, 2023;
the termination dates for the Apprenticeship and Training Council, OSHA Advisory Board, Amusement Ride Safety
Advisory Board, and Boiler Rules Board are extended to July 1, 2024; repeals the Advisory Council on Prevailing
Wage Rates; eliminates the penal bond requirement for employment agencies; authorizes the commissioner to
investigate all labor laws enacted in Title 3; limits penalty of no more than $100 a day for noncompliance
with the notification requirements to workers who are exempt persons or independent contractors under the
Workplace Fraud law; requires the Boiler Rules Board to meet and consult at least once annually with the
Board of Stationary Engineers; and includes three reporting requirements. They are: 1) on or before October
31, 2013, DLI shall submit a report to the Senate Finance Committee and the House Economic Matters Committee
on the continued use and effective ness of wage orders; 2) on or before December 31, 2013, the Workplace
Fraud Unit shall submit a report on the progress of the development of a long-term data management system; and
3) on or before December 31, 2014, DLI shall submit a report to the Governor on the status of the Workplace
Fraud Unit as required by Chapter 188, Sec. 3 of the Acts of 2009. The bill is effective July 1, 2013.
HB795 - Maryland OSHA - Discrimination Against Employee - Complaints - Allows an employee to initially
submit a complaint orally if the employee believes that an employer or other person has discriminated against
the employee (1) on the basis of information gained through group medical coverage or (2) because the employee
filed a complaint, brought action, testified, or exercised rights under Maryland OSHA. However, for an oral
complaint to be accepted as timely, the employee must subsequently submit a written complaint within seven
business days of making the oral complaint.
HB1130/SB758 - Lien for Unpaid Wages - Allows an employee to establish a lien for unpaid wages,
not including commissions, against an employer. The Commissioner of Labor and Industry may seek to establish
a lien on behalf of an employee, and the commissioner is required to adopt implementing regulations that
establish content of the notice, complaint, and wage lien statement.
SB 961 - Special Takeout - Authorizes a racetrack licensee to offer specific wagers under regs
adopted by the Commission, and from these wagers a licensee is required to deduct specified amounts from the
handle. A licensee is authorized to offer these wagers only with the consent of the commission; the group that
represents a majority of the owners and trainers licensed; and the group that represents a majority of breeders
in the State. The bill takes effect June 1, 2013.
Workforce Development and Adult Learning and GWIB
SB278 - EARN (ADM)
SB58 - High School Diploma - Residency Requirement Repeal
(DEPT) - Repeals the minimum 3-month residency requirement for individuals seeking to obtain a high school
diploma by examination in Maryland.
SB81 - WTCCCI - Membership (DEPT) - Authorizes specified members of the council to be represented on
the council by designee. Specifically, except for the Secretaries of DPSCS and DLLR ex officio members of the
council may be represented on the council by a designee.
SB356/HB698 - Ex-Offender Business Development Program Study - Requires the DBED, DLLR, and DPSCS to
jointly study and evaluate the feasibility of establishing a business development program for ex-offenders. The
program would invest in businesses run by ex-offenders and provide business training to ex-offenders. In addition,
the study must identify funding sources to invest in ex-offender businesses and to fund training programs. The
departments must report the findings to the Senate Finance Committee and the House Economic Matters Committee
by October 1, 2014.
HB830 - Study of Alternatives to GED Tests - Requires DWDAL to conduct a study to identify alternative
methods for an individual to earn the equivalent of a high school diploma without passing the GED tests. By
December 1, 2013, the division must report on the results of the study. The bill takes effect June 1, 2013
and terminates May 31, 2014.
SB 4 - State Personnel - Applicants for Employment - Record Checks - Prohibits any State appointing
authority in the Executive, Legislative, or Judicial Branch from inquiring into the criminal record or history
of an applicant for employment until the applicant has been given an opportunity for an interview, with certain
exceptions. An appointing authority may still notify an applicant that prior criminal convictions may prohibit
employment for some positions. The bill also includes an annual related reporting requirement for the
Department of Budget and Management (DBM).
The reporting requirement terminates June 30, 2018.