Document Dvpg555D4XYeLMrJKXKqOXJdB

QEL OF LEGISUTIVfJjgERENCE 16 FRANCIS S f R t f ANNAPOLIS, MARY.U$ REPORT TO THE GENERAL ASSEMBLY OF 1950 PROPOSED BILLS VOLUME 1 LEGISLATIVE REFERENCE flPR 2 6 1978 ! IB a A E V MARYLAND LEGISLATIVE COUNCIL P oisonocs P aint A bill is proposed to repeal Chapter 51T of the Acts of 1940. which requires labels to be put on children's toys or furniture which have paint containing any lead or other poisonous sub stance. The act seems not to have readied the specific problem at which it was aimed, and the whole problem is to be studied further by the paint industry and public health authorities. P ublic W elfare The Legislative Council recommends a bill to add Section 13B to Article $SA of the Annotated Code, making the laws as to a public assistance program conform generally with laws for other types of public welfare programs. T axes The Council suggests a bill to permit any assessment to be abated or any raxes paid to be refunded, if the assessment on such property would not have been levied under the provisions of Chap ter ]:U of the Acts of 1949. This Act granted a tax exemption to certain property of fraternal organizations and women's clubs, but some of these types of property were assessed before the act was passed, and taxes were paid on some of the assessments. Another proposed bill would add Section !E!A to Article SI of tlie Code, to permit tax officials of any Suite granting reciprocity to Maryland lo coine into the courts of this State iu order to collect raxes lawfully imposed in that other Stare. 1 ' n e .m i u.o v .mf. n t C o m u e n s a t i o n The Council submits a bill to amend Section 7 of Article 95A. giving employers who were absent in war service credit for such rime in the computation of their experience rating for contribu tions to the unemployment compensaiiou fund. Another proposal would amend Section 11 of Article DoA. providing for separation notices similar to the present accession notices for employees. W ater. R esources Tlie Legislative Council recommends a bill to amend Section 5 of Article 9<IB of the Annotated Code, permitting farm ponds to be constructed within certain specifications without being licensed as dams under tlie Water Resources Act. 59 Explanation This bill /.< recommended by the Utatc Department of Health. It would repent the Act passed in I9'i9 requiring that children's furniture anil toys shall by a label call attention to the use thereon of unit paint or other material containing lead Or other poisonous substance. There has been widespread com plaint from the manu facturers anil vendors of such articles that the lute is vaguely drawn awl cannot practicably be complied with: they cite that while the paint used on children's furniture, and toys is not poisonous. so much depends upon the child's condition anil Other art i ainnus factors that it is impossible to warrant that no harm will result. . 1.x u result of the disenssion over the ,4cf of l'd.'iQ, the ],cinl I adust ries ssocia t ion lias arranged to finance a study of the prevention of lead poison!ny in children, at the Johns Jfophins I 'aiversify. I I t e m \ o . tl.'i) A BILL ENTITLED AX ACT to repeal Chapter 517 of the Acts of 1949. entitled "An net to add a new section to Article '27 of the Anno tated Code of Maryland 11939 Editioni. title "Crimes and Punishments", sub-title "Health--Infants", said new sec tion to be known ns Section 323 and to follow immediately after Section 322 of said Article, providing for the label ing of children's furniture and toys decorated with paint or other material containing lead or other poisonous sub stance and providing for punishment for non-compliance with such provision." 1 VViikkeas, It has been found impractical to apply and en force the provisions of said Chapter 517; and 7Vii i :uk.\s . rlie Lead Industries Association has arranged to 4 filmnee a study of the problem of preventing t lie lead-poison ing of children from the use of toys, etc., at lhe Johns liop(1 kins University: and M'ukueas, the State Hoard of Health has approved the $ recommendations of certain business associations and manu 9 facturers that Chapter 517 of the A d s of 1949 bo repealed HI and That no further legislation be enacted on this subject 11 until the study at the Johns Hopkins University has been 12 completed; now therefore 1 S ection 1. Dc it enacted by the General Assembly of Mary land, That Chapter 517 of the Acts of 1949, entitled "An Act r" add a new section to Article 27 of the Annotated Code of 4 Maryland (1939 Edition), title "Crimes and Punishments", 5 sub-title "Health-- Infants", said new section to be known as r, Section 323 and to follow immediately after Section 322 of i said Article, providing for the labeling of children's furniture S and toys decorated with paint or other material containing 0 in h'ad or other poisonous substance and providing for punish ment for non-compliance with such provision" he and it is n hereby repealed. " .~a-v~.r~ 62 '0 ! CI The State Department map also, upon its oicn motion, '1 review uhii decision of a local welfare department, and man 'd consider any aj/plication upon which a'decision has not been '3 made by the local department within a reasonable time. The '-i State Department may make such additional investigation to as it may deem necessary, and shall make such decision as 16 to the granting of assistance and the amount of assistance !7 to be granted the applicant as in its opinion is justified and IS in conform it y with the rules and regulations of the State Do part meat. Applicants or recipients affected by such decisions (0 of the State Department shall, upon request, be given reasonll able notice and opportunity for a fair hearing by the State U Deqiartment. !3 id) All decisions of the State Department shall be final ?} and shall be binding upon the local welfare department, in to rolvcd and shall be complied with by the local department.. 1 S k c . 2. .4 ltd be it further euartril. T i m r t h i s A c t s h : i ! l 1:lkc" 2 eiTpct Ju n e 1. 1950. 53 X 54 55 5( 5` f5 fi a S5 The Chairman announced the Rules Committee would meet at 2.15. At 1.15 P. II. the Council adjourned to meet on Wed.. Sept. 7. at 10.00 A. 11. MINUTES F ifth Meeting Baltimore. Mil.. September 7. 1949. The Legislatixe Council held ils fifth meeting in the City Council Chamber. City llall. Baltimore, at 10.UO A. M. on Wednesday. September 7th. 104'.). Members present were Mr. Byrnes, presiding, and Messrs. Turnbull. Della, Goldstein. Kimble. McAllister. Hoff. StrombeiTi. Heck. Sybert. Boone. Cliaires. l.ofstraml. I.ulier. Meliticove. Pumphrey. Ramsburg and Robinson. Letters were read ami referred to the committees as follows: 1. Board of Physical Therapy Examiners. rcnuesting lcgislation as to examination fees and the use of the term "Doctor of Physical Therapy." (Judiciary Committeei 2. State Department of Health, relating to the use of poison-- --ous paint on children's toys. etc. tJudiciary Committee) 3. Dame and Inland Fish Commission, relating to changes in the foes for hunting and fishing licenses, i Finance Com mittee) 4. Senator John Grason Turnbull, relating to probationary motor vehicle drivers licenses for persons under the age of 25 years. (Judiciary Committee) 5. Senator Louis L. Goldstein, relating to continuous assess ments. (Finance Committee) G. Hon. Paul M. Fletcher, relating to a rebate of taxes paid by fraternal organizations in Allegany County, for 104S and 1949. (Finance Committee) A letter also was read from the Hon. Richard W. Case. Chair man of the Tax Survey Commission of 1949, acknowledging copies of letters relating to tax exemptions for the Emory Grove Associa tion and for the Disabled American Veterans. The Chairman announced the appointment of a committee on Medico-Legal Procedure. The following persons were appointed on this Committee: Messrs. Robinson. Chairman, and Lofstraiid. McAllister, Stmmberg, Sybert. and Turnbull. Upon motion, the Council adjourned at 11.in A. M. in order that committee meetings might he held. 5.00 P. M. Upon the call of the Chairman, the Legislative Council recon vened at 5 P. M. The vote of adjournment was re considered. Mr. Luber, Vice-Chairman of the Budget ,k Finance Committee submitted the following report of that committee as to Item No. 60: REPORT OF THE BUDGET AND FINANCE COMMITTEE September 7. 1949. To the Members of the Legislative Council: The Budget and Finance Committee of the Legislative Council a t its meeting held on Wednesday, September 7th, 1949, heard 9$ The Council then resumed consideration "f the Rules and after completion of the consideration of'the Rules, it was ordered that the rules, as amended, be reprinted and sent to all members of the General Assembly. The Council adjourned to meet on W e d n e s d a y . December 31st. at 10.30 A. M. MINUTES T w k u -t u M k k t i n u Ball iuiorc. Mil.. Dec embe r 31. 1949. The twelfth meeting of the Legislative Council of Maryland wa> held in Hoorn 303. Citv Hall. Baltimore, on Wediie>day. December 31st, 1949. at 3.0U I'. ' .M. The following meinhers were pre>ent: Mr. Byrnes. Chairman, presiding, anil Messrs. Turnbull. Della, tioidstein. Kimble. Mc Allister, Hoff. Stromberg. Beck. Sybert. Boone. Chaires. Lofstraml. Luher. Melnieove, Kamsburg ami Todd. The Honorable Hail Hammond. Attorney General, appeared be fore the Council and discussed the proposed Hill iltem No. 54j, relative to the execution of the death sentence. After discussion, on motion of Mr. Sybert. Mr. Hammond was requested to revise the bill and submit it to the Council prior to its next meeting. The Secretary submitted the following letters: 1. From Judge E. Paul Mason, suggesting that Section G47A of Article 37, as added by Chapter 737 of 1949. requiring that every indictment for the commission of a criminal of fense be furnished the accused, be amended to exempt bastardy, support and similar cases from the provisions of said section. (Item No. SO) After discussion, the Chairman was requested to discuss the proposal with Judge Mason. 3. From Hon. John N. Newcomer, member of the House of Delegates from Washington County, requesting that a State-wide day-light savings bill be prepared for the Dext session of the General Assembly. 'Item No. $7) After discussion, it was ordered that the bill be prepared for introduction bv Mr. Newcomer and not as a Legislative Council bill. 3. From Arthur B. Price, suggesting that certain changes be made in the' law as to replevin, i Item No. SS) This item was referred to the Judiciary Committee. 4. From Mr. Bradley T. J. Mcitee. Jr., suggesting legislation to authorize the County Commissioners of the several counties to establish hoards of recreation. (Item No. SID This item was referred to the Judiciary Committee. 3. From the members of the History Group of the Community Study Workshop of the Baltimore Public Schools, urging that steps be taken to protect Blackistoms Island from further erosion. (Item No. 90) It mus suggested that a joint resolution be prepared for submis sion to the General Assembly to request tbe proper State agency or agencies to rake whatever sTeps may be necessary to prevent further erosion at Blackiston's Island, if possible. \ 99 Mr. Luber. V ice-C h airm an of rhe B u d g et rittee. s u b m itte d tlie fa llo w in g re p o rt: Finance G um R E P O R T O F T H E B l ' L*<j F T A N ! ) F I N A N C E C O M M I T T E E D e c e m b e r 9 1 . l'.l-Bi. To the M em bers of the L egislative C ouncil: T he B u d g e t a n d F in a n e e C o m m itte e m e t mi W e d n c 'd a y , Decentber 91st. 1949. w ith tlie fo llo w in g m e m b e rs p re se n t: Mr. L u b er. Vice-Chairm an, presiding, an d Messrs. E am sburg. Beck. S tm m b e rg . Boone. Goldstein. Todd and Kimble. T h e C o m m i t t e e c o n s i d e r e d i h c s e v e r a l i r o n s m i Ms a g e n d a a n d m akes the follow ing re p o rt: Item No. -E x e m p tio n of Stale rhe F air T ra d e Act. 111 <I l o c a l eov c r i n n c n u f ro m Favorable Report. t o -- .Mol.n- \ H i i r l e I n s p e c t i o n s . T h e C o m m i t Tee r e c o m m e n d s in lien m t h e p r o posal s u b m itte d to rhe C ouncil that the C ouncil e n d o r s e in p r i n c i p le th e e s t a b l i s h m e n t of S ta te - operated m o to r vehicle inspection stations and fu rth er reco m m en d s th at the C h a irm an of the C ouncil a p p o in t a co m m ittee from am ong its m e m b e rs to co n fer w ith the C o m m issio n er of M o to r Vehicles as to the details of such a plan a n d the p r e p a r a t io n of a bill to c a rry it in to effect. Respectfu 11v subinitied, J o h n C. L uber, r i c e Chairman. A fter discussion, on m otion of Mr. Luber. this rep o rt was a d o p ted a n d it w a s o r d e re d t h a t a bill be p re p a re d ro m a k e effec tive Item No. 70. for in tro d u c tio n at the 1950 session. T he C h a irm a n a n n o u n c e d the a p p o in tm e n t of the follow ing c o m m ittee in a c c o r d a n c e w ith th e re c o m m e n d a tio n as to I te m No. 40: Mr. L u b e r, Mr. S tro m b e r g . M r. C b a ires. Mr. K im b ie . Mr. Boone and Mr. G oldstein. Mr. S yberr. C h a ir m a n of the J u d i c ia r y Coiim iitlee. th e n s u b m itted tiie fo llo w in g r e p o r t : R E P O R T O F T n i '. - ll.D IO I A K 'V C O M M I T T E E ' D e c e m b e r 91. I'JP.i. To the M em bers of the Legislative O oim cil: The Ju d ic ia ry C o m m ittee m et on W ednesday. D ecem ber 9!si. a 1 10.30 A. M.. w ith th e f o llo w in g m e m b e r s p r e s e n t: M r. S y b e r t. C h airm an , p re sid iu m a n d M essrs. Della. Hoff. L o lstra n d . C b aires. Meluicove. T u rn b u ll. M c A lliste r a n d Byrnes. The C o m m itte e g av e c a re fu l c o n s id e ra tio n in a n u m b e r of I te m s which h a d been r e f e r r e d to if a n d begs to s u b m it the fo llo w in g report: Item No. `3-- L icensing of C hild C are Agencies. F avorable Reporr. with am en d m en ts, on p roposed bill. (1950 S e ssio n ) 04 -- R e p e a l or C h a p t e r 51T of the A c t s "I l'J40. relit- m '" t h e to poisonous paint on toys. F a v o r a b l e R e p o r t , i 1 9 5 11 s e s s i o n i. 4 - -- Conriseutiou of gam bling m onies. Favorable R eport, with am endm ents, o n p r o p o s e d b i i i . i 1J` . j *1 S e s s i o n i lies peer fully su b m itted . C. F e r d i n a n d S v u t t i r r . Chuinnait. A fte r discussion. on m otion of Mr. S y b e rt. the above re c o m m e n d a t i o n s w e re a p p r o v e d a n d bills o r d e r e d p r e p a r e d for th e Idol) session. S e n a t o r K im b le called a tte n tio n to the d ecisio n of th e C o u r t of A p p e a ls , h o ld in g invalid the law r e la tin g to s tr ip m in in g in A lleg an y C o u n ty and requested the Legislative C ouncil to approve t h e p r e p a r a t i o n a n d i n t r o d u c t i o n o f a b i l l a t t h e 1'J.jO s e s s i o n t o m a k e the s t r i p - m i n i n g law S ta te -w id e in its effect. <I te m Mo. d l l <11 m o r i o n , t h i s r e c o m m e n d a t i o n w a s a p p r o v e d f o r t h e l d h o session. T h e C o u n c il then took up for tinal c o n s id e rs Iion bills w hich had been p rep ared on the following item s: I t e m N o . :>u-- L o b b y i n g . A f t e r d i s c u s s i o n , o n m o t i o n o f M r . Srrom berg, the bill as su b m itte d w as a p p ro v e d , w ith th e i n c o r p o r a tio n of an a m e n d m e n t to provide th a t no S t a te officer o r e m p lo y e e s h o u ld be p e rm itte d to act as legislative a g e n t for c o m p e n s a tio n . I te m s U3(.li a n d id), relatin g to P h y sic a l T h e ra p y , I te m s 05(1 1 a n d idi. relatin g to non-resident hu n tin g an d fishing licenses. Item N o . 6G, r e l a t i n g t o p r o b a t i o n a r y m o t o r v e h i c l e l i c e n s e s f o r m i n o r s , a n d I t e m N o . S-L r e l a t i n g t o r e c i p r o c i t y i n t h e c o l l e c t i o n o f i n c o m e ta x e s a n d o th e r taxes, w ere all a p p ro v e d for in tro d u c tio n a t the 1950 session. A f te r d isc ussion, it w as decided th a t R u le No. 0 1 ( 5 1 of th e H o u s e R u les sh o u ld he a m e n d e d to p ro v id e th a t tiie m o tio n as to th e p re v io u s q u e stio n be not debatable. T h e C ounc il then a d jo u rn e d to m eet on W e d n e s d a y , -Ja n u a ry 1 1 t h , 1950. a t 10.30 A. M.