Public safety at heart of 2009 session wrap-up
Domestic violence, speed camera and police spying measures get O'Malley's signature
ANNAPOLIS — Legislation that takes guns out of the hands of accused domestic abusers, that allows statewide use of speed enforcement cameras and that provides stricter guidelines for police surveillance were among 265 bills that Gov. Martin O'Malley signed into law this week at the final signing ceremony for legislation passed during the 2009 General Assembly.
The O'Malley administration packaged the bills under the banner of public safety, which the governor called "one of our most solemn obligations as public servants."
O'Malley (D) signed two domestic violence measures Tuesday that were cornerstones of his legislative agenda. One requires people accused of domestic violence to surrender their guns when a final protective order is granted. The other would give judges the option to order the surrender of guns when temporary orders are granted.
The measure sparked emotional debate in the House of Delegates. Opponents raised property rights and due process concerns, citing the fact that a temporary order may be granted without the accused being present at the court hearing.
"This is a category of homicides in Maryland that we have the best information on," said Lt. Gov. Anthony G. Brown (D), whose cousin, Cathy Brown, was one of 75 murder victims of domestic violence in Maryland last year. "We know who the victims are. We know who the abusers are. And we more often than not know when there is a gun involved. This now give judges the tools to take guns out of their hands, and we're going to save lives."
Even before the governor signed a bill to allow counties and municipalities statewide to install speed enforcement cameras near schools and in highway work zones, opponents had set out to overturn it.
The O'Malley administration-backed law allows local jurisdictions to issue $40 tickets to speeders photographed going 12 mph or more above the posted limit. Drivers would not receive points on their license and the legislation does not limit the use of cameras in Montgomery County, which already uses the devices in neighborhoods.
Meanwhile, on Tuesday a group said it has 10,000 signatures on a petition to put the legality of the speed cameras before voters in the 2010 election.
That is about half of the signatures the group needs by May 31. The final deadline for gathering all 53,650 signatures from eligible voters is June 30.
The effort has bipartisan support, said Rory McShane, legislative director of Maryland for Responsible Enforcement. Some signers favor the cameras but do not approve of the proceeds going to government coffers, McShane said.
Others "are not liking that the hot shots in Annapolis are going over their heads," he said.
The group plans to continue canvassing at grocery stores, Metro stations and door-to-door and has made its petition available online at scamera.wordpress.com/.
When asked Tuesday if the issue should go to referendum, O'Malley said he was "agnostic" on it. "I really don't care one way or another," he said.
"I think most people that I've talked to believe that we all should be encouraged to slow down on the highway and take greater care with regard to speed and the lives around us in other automobiles."
Other public safety measures signed this week set stricter penalties for impaired driving, including a bill that extends from five years to 10 years the period that someone convicted of a drunken or drugged driving offense is unable to seek probation before judgment.
O'Malley also signed an administration bill that sets guidelines for covert surveillance by police. He proposed the legislation after the American Civil Liberties Union last year uncovered evidence that state police had spied on peace activists and groups opposed to capital punishment during 2005 and 2006.
O'Malley also announced his intention to veto two bills by the end of the month.
One bars an institution of higher education from making reference to its exemption from state accreditation on diplomas or other documents. O'Malley supports the legislation as a means of protecting students, but will veto it on advice of the attorney general's office, which said it violates the First Amendment right to truthful commercial speech.
The other bill O'Malley plans to veto prevents the installation of private sewer systems. O'Malley will veto the Senate bill because of a technicality in the language, but he signed the House version Tuesday.
The majority of the bills signed this week fell outside the scope of public safety.
Among those is legislation requiring vehicle manufacturers to develop by October a plan to remove mercury switches from vehicles. The legislation, which had failed the previous three years, includes fees paid by manufacturers for each switch or switch assembly removed.
"Every switch contains enough mercury to pollute a 200-acre body of water," making the fish that live there unsafe for eating, said Del. Tom Hucker (D-Dist. 20) of Silver Spring, who sponsored the bill.
Hucker also sponsored the House version of a bill that requires the state Department of Education to begin discussions with superintendents and school boards statewide about the scope, costs and way to bring universal, public pre-kindergarten to Maryland.
The legislation is designed to allow Maryland to use state money to leverage a share of $10 billion in early-learning grants set aside through federal stimulus money.
"That's the main reason we did the bill, so that when there is federal funding we can raise our hands and say, We've got the money,'" said Nancy J. King (D-Dist. 39) of Montgomery Village, the bill's Senate sponsor.
Other legislation aimed at young people includes the Foster Kids Coverage Act, which guarantees health coverage to former foster children up until age 21, even if they opt out of the state foster care system.
The legislation, sponsored by Del. Heather R. Mizeur, provides a safety net for youths who are often ready to emancipate themselves from the foster system when they turn 18, said Shalita O'Neale, executive director of the Maryland Foster Youth Resource Center. About 350 youths exit the foster care system each year.