1 | 1 | | |
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2 | 2 | | |
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3 | 3 | | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. |
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4 | 4 | | [Brackets] indicate matter deleted from existing law. |
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5 | 5 | | *hb1055* |
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6 | 6 | | |
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7 | 7 | | HOUSE BILL 1055 |
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8 | 8 | | D5 EMERGENCY BILL 5lr2073 |
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9 | 9 | | |
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10 | 10 | | By: Delegates Fair, Acevero, Allen, Charkoudian, Ebersole, Embry, Foley, Kaiser, |
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11 | 11 | | Kaufman, Palakovich Carr, Pasteur, Simpson, Spiegel, Woods, and Young |
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12 | 12 | | Introduced and read first time: February 5, 2025 |
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13 | 13 | | Assigned to: Health and Government Operations |
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14 | 14 | | |
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15 | 15 | | A BILL ENTITLED |
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16 | 16 | | |
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17 | 17 | | AN ACT concerning 1 |
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18 | 18 | | |
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19 | 19 | | Commission on Nondiscrimination – Establishment 2 |
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20 | 20 | | |
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21 | 21 | | FOR the purpose of establishing the Commission on Nondiscrimination to monitor and 3 |
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22 | 22 | | study nondiscrimination laws and regulations and the impacts of the actions of the 4 |
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23 | 23 | | federal government on those laws and regulations and to recommend legislation to 5 |
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24 | 24 | | address any deficiencies in nondiscrimination protections in Maryland; and 6 |
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25 | 25 | | generally relating to the Commission on Nondiscrimination. 7 |
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26 | 26 | | |
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27 | 27 | | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 8 |
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28 | 28 | | That: 9 |
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29 | 29 | | |
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30 | 30 | | (a) In this section, “Commission” means the Commission on Nondiscrimination. 10 |
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31 | 31 | | |
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32 | 32 | | (b) There is a Commission on Nondiscrimination. 11 |
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33 | 33 | | |
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34 | 34 | | (c) The Commission consists of the following members: 12 |
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35 | 35 | | |
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36 | 36 | | (1) two members of the Senate of Maryland, appointed by the President of 13 |
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37 | 37 | | the Senate; 14 |
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38 | 38 | | |
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39 | 39 | | (2) two members of the House of Delegates, appointed by the Speaker of 15 |
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40 | 40 | | the House; 16 |
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41 | 41 | | |
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42 | 42 | | (3) one representative of the Executive Branch, appointed by the Governor; 17 |
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43 | 43 | | |
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44 | 44 | | (4) one representative of the Judicial Branch, appointed by the Chief 18 |
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45 | 45 | | Justice of the Supreme Court of Maryland; 19 |
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46 | 46 | | |
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47 | 47 | | (5) the Executive Director of the Maryland Commission on Civil Rights, or 20 |
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48 | 48 | | the Executive Director’s designee; 21 2 HOUSE BILL 1055 |
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49 | 49 | | |
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50 | 50 | | |
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51 | 51 | | |
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52 | 52 | | (6) two representatives of the Office of the Attorney General, at least one 1 |
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53 | 53 | | of whom must work in the Civil Rights Division, appointed by the Attorney General; and 2 |
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54 | 54 | | |
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55 | 55 | | (7) the following members, appointed jointly by the President of the Senate 3 |
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56 | 56 | | and the Speaker of the House: 4 |
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57 | 57 | | |
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58 | 58 | | (i) three representatives of local human rights commissions, one 5 |
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59 | 59 | | each from the Eastern, Central, and Western regions of the State; 6 |
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60 | 60 | | |
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61 | 61 | | (ii) two representatives of the Maryland State Bar Association, one 7 |
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62 | 62 | | of whom represents plaintiffs and one of whom represents defendants in discrimination 8 |
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63 | 63 | | cases; and 9 |
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64 | 64 | | |
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65 | 65 | | (iii) three representatives of legal advocacy groups in the State that 10 |
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66 | 66 | | focus on civil rights and discrimination. 11 |
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67 | 67 | | |
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68 | 68 | | (d) The President of the Senate and the Speaker of the House shall designate a 12 |
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69 | 69 | | member who is a Senator and a member who is a Delegate, respectively, to serve as cochairs 13 |
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70 | 70 | | of the Commission. 14 |
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71 | 71 | | |
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72 | 72 | | (e) The Maryland Commission on Civil Rights and the Civil Rights Division of the 15 |
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73 | 73 | | Office of the Attorney General shall provide staff for the Commission. 16 |
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74 | 74 | | |
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75 | 75 | | (f) A member of the Commission: 17 |
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76 | 76 | | |
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77 | 77 | | (1) may not receive compensation as a member of the Commission; but 18 |
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78 | 78 | | |
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79 | 79 | | (2) is entitled to reimbursement for expenses under the Standard State 19 |
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80 | 80 | | Travel Regulations, as provided in the State budget. 20 |
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81 | 81 | | |
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82 | 82 | | (g) The Commission shall: 21 |
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83 | 83 | | |
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84 | 84 | | (1) study how the State can: 22 |
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85 | 85 | | |
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86 | 86 | | (i) realize the principle of equality under the law; 23 |
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87 | 87 | | |
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88 | 88 | | (ii) afford greater protections against unequal or unfair treatment 24 |
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89 | 89 | | under State and local law; 25 |
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90 | 90 | | |
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91 | 91 | | (iii) eliminate discrimination against individuals on the basis of the 26 |
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92 | 92 | | individual’s race, color, religion, ancestry or national origin, sex, age, marital status, sexual 27 |
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93 | 93 | | orientation, gender identity, military status, disability, or other protected class in law that 28 |
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94 | 94 | | is not specifically enumerated in this item; and 29 |
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95 | 95 | | |
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96 | 96 | | (iv) ensure that individuals listed in item (iii) of this item have 30 |
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97 | 97 | | effective remedies for discrimination under the law; 31 HOUSE BILL 1055 3 |
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98 | 98 | | |
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99 | 99 | | |
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100 | 100 | | |
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101 | 101 | | (2) monitor and study the impacts of the potential and actual actions of the 1 |
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102 | 102 | | federal government on civil rights and nondiscrimination enforcement at the federal, State, 2 |
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103 | 103 | | and local levels; 3 |
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104 | 104 | | |
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105 | 105 | | (3) identify gaps, inconsistencies, or deficiencies in the current State and 4 |
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106 | 106 | | local frameworks for civil rights and nondiscrimination enforcement, including: 5 |
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107 | 107 | | |
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108 | 108 | | (i) nondiscrimination laws or regulations without specific 6 |
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109 | 109 | | enforcement mechanisms in the State; 7 |
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110 | 110 | | |
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111 | 111 | | (ii) overburdened courts and administrative agencies; 8 |
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112 | 112 | | |
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113 | 113 | | (iii) funding issues; 9 |
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114 | 114 | | |
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115 | 115 | | (iv) inconsistent protections for groups between different 10 |
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116 | 116 | | nondiscrimination provisions; 11 |
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117 | 117 | | |
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118 | 118 | | (v) groups facing discrimination that lack protections or have gaps 12 |
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119 | 119 | | in protections under the law; 13 |
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120 | 120 | | |
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121 | 121 | | (vi) subjects or situations where individuals do not currently have 14 |
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122 | 122 | | discrimination protections under the law; and 15 |
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123 | 123 | | |
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124 | 124 | | (vii) nondiscrimination laws or regulations that do not have an 16 |
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125 | 125 | | associated private right of action; and 17 |
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126 | 126 | | |
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127 | 127 | | (4) recommend legislation to address any adverse impacts and potential 18 |
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128 | 128 | | gaps, inconsistencies, or deficiencies in civil rights and nondiscrimination laws or 19 |
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129 | 129 | | regulations. 20 |
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130 | 130 | | |
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131 | 131 | | (h) The Commission may: 21 |
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132 | 132 | | |
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133 | 133 | | (1) hold public meetings across the State to carry out the duties of the 22 |
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134 | 134 | | Commission; and 23 |
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135 | 135 | | |
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136 | 136 | | (2) convene workgroups to solicit input from stakeholders. 24 |
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137 | 137 | | |
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138 | 138 | | (i) On or before December 15 each year, the Commission shall submit a report on 25 |
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139 | 139 | | its findings and recommendations, including any legislative proposals, to the Governor and, 26 |
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140 | 140 | | in accordance with § 2–1257 of the State Government Article, the General Assembly. 27 |
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141 | 141 | | |
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142 | 142 | | SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency 28 |
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143 | 143 | | measure, is necessary for the immediate preservation of the public health or safety, has 29 |
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144 | 144 | | been passed by a yea and nay vote supported by three–fifths of all the members elected to 30 |
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145 | 145 | | each of the two Houses of the General Assembly, and shall take effect from the date it is 31 |
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146 | 146 | | enacted. It shall remain effective through June 30, 2029, and, at the end of June 30, 2029, 32 4 HOUSE BILL 1055 |
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147 | 147 | | |
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148 | 148 | | |
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149 | 149 | | this Act, with no further action required by the General Assembly, shall be abrogated and 1 |
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150 | 150 | | of no further force and effect. 2 |
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