FAILED - LEGISLATIVE BILLS 2011 04-14-11

Compiled by Thomas J. Iacoboni

SB 30 Work Zone Speed Control Worker Presence (Opposed)

Requires the presence of a worker in the work zone before a citation can be issued.

2/1 – Hearing

SB 187 Prevailing Wages for Elementary Schools (Favor)

Requires the State to provide at least 75% of the funds before Elementary School construction would be subject to Prevailing Wages. 2/10 - Hearing

SB 198 SWM Regulations For 2 Lots (Favor)

Allows for the subdividing of one lot into two lots to fall under the old SWM regulations.

2/21 – Unfavorable Report

SB 222 Living Wage Repeal (Favor)

Repeals the Living Wage for Construction Projects. 2/17 - Hearing

SB 338 Three Axle Dump Trucks (Favor)

Extends the period to 2019, from 2014, for which three axle dumps can operate at the gross vehicle weight now in effect. 2/15 - Hearing

SB 390 & HB 761 E-Verify Program (Opposed)

Requires all State Contractors and Subs to participate in Federal E-Verify program to prevent hiring of illegal aliens and mandates fines of $5,000/employee or $20,000/employee for a third offense.

Senate: 3/21 – Unfavorable Report; House: 4/8 – Unfavorable Report

SB 451 Gas Tax Funding for Mass Transit (Opposed)

Sets the gas tax of 4% of the price of gas and regulates that 25% be earmarked for mass transit projects. 3/11 - Hearing

SB 537 & HB 1003 Unemployment Insurance for Illegal Aliens (Favor)

Disqualifies illegal aliens from receiving unemployment insurance.

Senate: 2/22 – Hearing cancelled; House: 3/1 - Hearing

SB 543 Tolls Increase For Highway Projects (Favor)

Increases tolls at the Bay Bridge and the tunnels and directs that the monies be used only for transportation projects. 3/15 - Hearing

SB 544 & HB 687 Fertilizer Notifications (Opposed)

Requires all contractors to notify businesses and homes in writing of fertilizer applications.

Senate: 3/8 – Hearing; House: 3/21 – Unfavorable Report

SB 555 MBE Public Explanations (Opposed)

Requires State Procurements to publicly explain its determination of MBE availability and the reason why waivers were granted. 3/3 - Hearing

SB 575 Alex Booker Child Construction Site Safety Act

Requires graphic site warning signs that list every conceivable danger, barricades around the entire jobsite, tamper proof parking brakes on equipment, safety locking system to render equip inoperable, & safety devices on lifting equipment. 3/8 – Unfavorable Report

SB 600 Abusive Work Environment (Opposed)

Prohibits an employer or Foreman from using verbal and physical abuse or undermining an employee and allows for penalties and compensations. 3/3 - Hearing

SB 611 MBE Clause and Debarment (Opposed)

Each contract must contain a clause that requires the Contractor to meet expected MBE %’s and allows for debarment up to one year if not met. 3/3 – Unfavorable Report

SB 612 MBE Waivers (Opposed)

The Procurement Board shall keep a record of waiver requests, waivers that are granted and shall publicly explain why waivers were granted. 3/3 – Unfavorable Report

SB 616 Equal Opportunities Employment Act (Opposed)

For projects receiving over $5,000,000 of Federal or State funds, Contractors and Subs must employ 5% of workers that are classified as disadvantaged. 3/11 - Hearing

SB 659 Prevailing Wage Rate Law Repeal (Favor)

Repeals the Prevailing Wage Rate Law. 2/17 - Hearing

SB 660 & HB 743 Right to Work Law (Favor)

Prohibits an employer from making an employee join a union, pay union dues, or refusing to hire an employee because of non-union status. Senate: 4/8 – Unfavorable Report; House: 3/15 – Unfavorable Report

SB 661 Project Labor Agreements Prohibition (Favor)

Prohibits State contracts from requiring Project Labor Agreements or obligations concerning unions and Collective Bargaining. 2/24 - Hearing

SB 716 & HB 988 Minimum Wage Law (Opposed)

Raises the State minimum wage to $9.75 per hour by 2013. Senate: 3/3 – Hearing; House: 3/8 - Hearing

SB 796 & HB 1139 Highway Construction Training Funding (Favor)

Requires the State to determine and use the maximum amount of Federal funds that are available for Highway Construction Training and Support. Senate: 2/17 – Hearing; House: 3/25 – 3rd reading passed

SB 807 & HB 760 E-Verify of Unauthorized Aliens (Opposed)

Requires all State Contractors to use E-Verify and to suspend or revoke the business license of contractors caught hiring illegal aliens. Senate: 3/21 – Unfavorable Report; House: 4/8 – Unf. Report

SB 810 Baltimore County Council Approval of Capital Projects (Opposed)

Requires Baltimore County Council Approval of Capital Transportation State Projects that are requested by the Baltimore County Executive. 3/2 – Unfavorable Report

SB 897 Scrap Dealers Required Records & Holding Period (Favor)

Requires scrap dealers to take a photo of the individual selling the scrap and requires all items to be held for 3 business days. 3/31 – Unfavorable Report

HB 177 Nitrogen Removal on Septic Systems (Favor)

Requires Nitrogen Removal on all septic systems within the “Watersheds” of the Chesapeake and Atlantic Coastal Bays. 2/16 - Hearing

HB 143 MBE Waiver Disclosures (Opposed)

Requires the Board of Public Works to keep a record of all waivers that were granted and the reasons why the waivers were granted. 3/1 – Unfavorable Report

HB 194 Debarment From Bidding Due to MBE Requirement (Opposed)

Contractors that do not meet MBE requirements will be debarred for up to one year for failing to meet MBE requirements without a waiver. 3/1 – Unfavorable Report

HB 322 Campaign Donations by Corporations (Opposed)

Treats donations from subsidiaries or with the same controlling stockholders as being made by one contributor. 2/15 - Hearing

HB 367 Commercial Liens (Favor)

States that a lien can be enforced and foreclosed by the party who obtained the lien the same as if it were a foreclosure on a mortgage or a deed. 3/3 – 3rd Reading passed

HB 474 Fast Tracked Jobs (Favor)

Requires the Dept of Environment and SHA to expedite approvals for jobs that are deemed “fast tracked” by a County so as to create jobs quickly. 3/25 – Recommit to Committee Environmental Matters

HB 514 Work Zone Speed Signs (Favor)

Requires a work zone speed sign to state that speed monitoring will be enforced even if there are no workers present. 3/7 – Unfavorable Report

HB 518, HB 591, HB 1001, SB 677 & SB 714 Transportation Trust Fund (Favor)

Establishes that the Transportation Trust Fund can only be used for purposes related to transportation and cannot be diverted to General Fund. House: 3/10 – Hearing; Senate – 3/11 - Hearing

HB 567 Credit for Idle Reduction Devices in Heavy Duty Trucks (Favor)

Allows a 50% credit, up to $3,500.00, on State income taxes for Idle Reduction Devices installed on heavy duty diesel trucks. 3/1 - Hearing

HB 628 Commission to Study Streamlining the Procurement Process (Opposed)

Establishes a 22-member commission to study streamlining the procurement process with only one member from the construction industry on the Board. 3/8 – Unfavorable Report

HB 608 WSSC Pipeline Design Build Contracts (No Opinion)

Allows pipeline projects in WSSC to be bid as Design Build. 3/23 – 3rd Reading Passed

HB 641 & SB 944 WSSC Procurement Oversight Committee (Opposed)

Establishes a WSSC Procurement Oversight Committee to make sure all the Commission complies with the laws, such as MBE rules. House: 2/9 – 1st Reading; Senate: 3/16 - Hearing

HB 688 Prevailing Wage Exclusion of Public Work Calculations (Favor)

Excludes public work from the calculations for determining the prevailing wage rates in an industry as these are already subject to prevailing wages. 3/25 – Unfavorable Report

HB 707 Prevailing Wage Rates Contract Limits (Favor)

Raises from $500,000 to $2,000,000 the amount of a public works contract before a wage scale is required. 3/25 – Unfavorable Report

HB 753 Federal Work Authorization Programs (Opposed)

Requires State Contractors and Subs to register and use the Federal Work Authorization Program for newly hired employees or face debarment. 4/8 – Unfavorable Report

HB 1026 Advisory & Oversight Council on Prevailing Wages (Opposed)

Adds oversight of prevailing wages to the Advisory Council and authorizes them to approve wage scale rates determined by the Commissioner. 3/25 – Unfavorable report

HB 1059 Gas Tax Increase (Favor)

Raises gas and fuel taxes by 10¢ per gallon. 3/1 - Hearing

HB 1107 & SB 846 Septic Systems (Favor)

Prohibits shared septic systems of 5 lots or more and requires nitrogen removal technology on less than four lot subdivisions. House: 3/11 – Hearing; Senate: 3/11 - Hearing

HB 1133 Prevailing Wage Rate Determinations (Opposed)

Changes the prevailing wage to statewide so that all counties will have the same wage scale and requires the survey on all State jobs over $100,000. 3/25 – Unfavorable Report

HB 1164 & SB 916 Talbot County Sewer Demonstration Projects (Favor)

Authorizes Bay Restoration Funds to be used in Talbot County to take sewer from a public sewer facility to designated areas with the restriction that this sewer line will be denied access except for the existing lots of record. House: 3/16 – Hearing; Senate: 3/21 – Unf. Report

HB 1234 Task Force on Moving Overhead Utility Lines (Favor)

Establishes a task force on the selective moving of overhead utility lines to underground in areas where there are service reliability problems or where there is other construction work already taking place.

3/29 – Unfavorable Report

HB 1303 Confined Space Workers and First Aid/CPR

Requires any workers in a confined space to have another worker in the immediate vicinity to render first aid or CPR and requires training every 3 years. 3/26 – Unfavorable Report

HB 1330 Construction Training—Union Bill (Opposed)

Requires all workers on public works projects to show proof before starting work that they were trained by an OSHA approved entity or be subject to liquidated damages up to $3,000 per day and debarment up to 3 years. 4/8 – Referred to interim study by Economic Matters