Document mBpXRpMXrVJLgxxL0qnG21Nqd

REPORT TO THE GENERAL ASSEMBLY OF 1950 PROPOSED BILLS VOLUM E 1 LEGISLATIVE REFERENCE APR 2 f. 1978 ! IRB A v MARYLAND LEGISLATIVE COUNCIL P oisonous P aint A bill is proposed to repeal Chapter 51T of the Acts of 1040. which requires labels to be put on children's toys or furniture which have paint containing any lead or other poisonous substance. The act seems not t-> have reached the specific problem at which it was aimed, and the whole problem is to be studied further l>y the paint industry and public health authorities. P ublic W elfare The Legislative Council recommends a bill to add Section 13B to Article SSA 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 anks The Council suggests a bill to permit any assessment to he abated or a n y taxes paid to he refunded, if the assessment <m such property would not have been levied under the provisions of Chap ter i:U of the Acts nf l'J4'.). This Act granted a tax exemption to certain property of fraternal organizations and women's clubs, hut some of these types of property were assessed before the act was passed, and taxes were paid on som e of the assessments. Another proposed bill would add Section lldA To Article SI of the Code, to permit tax officials of any State granting reciprocity to Maryland to come into the courts of this State in order to collect raxes lawfully imposed in that other Stare. r.VI-MP L O W! ENT ComI' KNSATION The Council submits a bill to amend Section 7 of Article 05A. giving employers who were absent in war service credit for such time in the computation of their experience raring for contribu tions to the unemployment compensaiimi fund. Another proposal would amend Section 11 nf Article !)3A. providing for separation notices similar to the present accession notices for employees. W ater R esources The 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 specirieati'uis without being licensed as dams under the Water Resources Act. 59 Explanation This bill is rrcoinmcndi'd by the State Department of Health. It would .re pen I the Act passed in I9'i9 requiring that children's furniture and toys shall by a label cull attention to the use thereon of any paint or other material containing lead or other poisonous substance. There has been widespread complaint from the manu facturers and vendors of such articles that the law is vaguely drawn and cannot practicably be complied with: they cite that while the paint used on children's furniture, and toys is not. poisonous, so witch, depends upon the chilli's condition and other criminous iartors that it. is iwpossible to warrant that no harm trill result. .I\ a result of the disenssinn. over the .-iff of l'.l.'iO. the. Lead Industries Association has arranged to finance a stuili/ of the prevention of lead poisoning in ehildrrn, at the Johns Hopkins 1Hi versify. 11tern ,\ tl.'i) A BILL ENTITLED AX ACT to repeal Chapter 517 of the Acts of 1949. entitled "An act to add a new section t<> Article 27 of the Anno tated Code of Maryland (1939 Edition), title "Crimes and Punishments", sub-title `'Health--Infants", said new sec- . tion to be known as 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 Wiikkeas, It has been found impractical to apply and en2 force the provisions of said Chapter 517: and 3 W iikueas, the Lend Industries Association lias arranged to 4 finance a s t u d y of the problem of preventing Ilie lead-poison5 ing of children from the use of toys, etc., at the -lohiis Hop(i kins Uni ver si t y; and 7 VTiikiieas, the St at e Board of Health has approved the 8 revommeudations of certain business associations and niaiiu- 9 facturers t h a t Ch apt e r 517 of the Acts of 1949 be repealed 19 and fliat no f u r t h e r 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. Be it enacted by the General Assembly of Many- land, T h a t C h a p t e r 517 of the Acts of 1949. entitled "An Act 3 to add a new section to Article 27 of the Annotated Code of 4 Maryland (1939 Edition), title ``Crimes and Punishments1', 5 sub-title "Health--Infants", said new section to he known as 0 Section 323 and to follow immediately after Section 322 of 7 said Article, providing for the labeling of children's furniture S and toys decorated with paint or other material containing 9 lead or other poisonous substance and providing for punisli10 rneut for non-compliance with such provision" lie and it is 11 hereby repealed. C05* ^ -5-W*V j 1, 'rhx ll> j 4 y 62 fe) TheState Department map also, upon its oicn motion, review any decision of a local welfare department. and may consider any application upon which a'decision has not been made by the local department within a reasonable time. The State Department may make such additional investigation as it may deem necessary, and shall make such decision as to the granting of assistance and the amount of assistance to be granted the applicant as in its opinion is justified and in conformity with the rules and regulations of the State Dcpertinent. Applicants or recipients affected by such decisions of the State Department shall, upon request, be given reason able notice and opportunity for n fair hearing by the State Department. I'd) AH decisions of the State Department shall be final and shall be binding upon the local welfare department, in volved anil shall hr complied with by the local department. 1 Sec. 2. And be it further enacted. Timr this Act shall lake 2 I'lToct June 1. 1950. yrz? ' So Airman announced the Rules Committee would meet at -- BIST. M. the Council adjourned to meet on Wed.. Sept. 7. 50/A. M. MINUTES F ifth Meeting Baltimore, Md.. September 7. 1040. Hw Legislative Council held its fifth meeting in the City Cornic'd & b e rf City llall. Baltimore, at 10.00 A. M. uu Wednesday, jitember 7rli. 1040. Members present were Mr. Bvnies. presidimt, TiilM e s s r s . Tiirnhull. Delia, Goblsiein. Kimble. McAllister. Hoff. Jamiheru. Beck. Syhert. Boone. Chaires. l.ofstrand. Luher. MelniIvci Ptunphroy. Kamsburg and Rohinson. Letters were read and referred to the committees as follows: Board of Physical Therapy Examiners. reipiesting legisla(011 as to examination fees and the use of the term "Doctor of Physical Therapy." (Judiciary Committeei 0. State De[iartment of Health, relating to the use of poisonmi"ous paint on eiiildren's toys. etc. tJudiciary Committee) 3. Game and Inland Fish Commission, relating to changes in the fees 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) 6. Hon. Paul M. Fletcher, relating to a rebate of taxes paid by fraternal organizations in Allegany County, for 194S 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 Lofstrand. McAllister, Stmmberg, Sybert and Turnbull. Upon motion, the Council adjourned at 11.10 A. M. in order that committee meetings might be held. 5.(JO P. M. Upon tlie call of the Chairman, rhe Legislative Council re-con vened at 5 P. M. The vote of adjournment was re-considered. Mr. Luber, Vice-Chairman of the Budget 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 at its meeting held on "Wednesday, September 7th, 1949, heard / ' 9S The Council then resumed consideration of the Rules and after completion of the consideration o f`the Rules, it was ordered that the rules, as amended, he reprinted and sent to all members of the General Assembly. The Council adjourned to meet on Wednesday. December 21st. at 10.30 A. M. MINUTES TwklI'Tii Mkkti.ni; Baltimore. Md., Dcvetuber 21, 1'J4'->. The twelfth meeting of tile Legislative Council of Maryland was held in Room 302. City Hall, Baltimore, on Wednesday. December 21st. 1949. at 2.00 l'.'M. The following memhers were present: Mr. Byrnes. Chairman, presiding, and Messrs. Turnbull, Della, (ohlstein. Kimble. MiAllistcr, Hull, Strombeig, Beck, Byberr, Boone. Clmires. Lofstrnnd, Tuber, Mcluicove, Kamsburg and Todd. The Honorable Hall Hammond. Attorney General, appeared be fore the Council and discussed the proposed bill i Item No. 54j, relative to the execution of the death sentence. After discussion, on motion of Mr. Syhert. Mr. Hammond was requested to revise the bill and submit it To the Council prior to its next meeting. The Secretary submitt ' the following letters: 1. From Judge E. F Masou, suggesting that Section 04TA of Article 27, as added by Chapter 757 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 2so. 8G) After discussion, the Chairman was requested to discuss the proposal with Judge Mason. 2. 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 next session of the General Assembly. (Item No. S7) After discussion, it was ordered that the bill be prepared for introduction by 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) Ibis item was referred to the Judiciary Committee. 4. From Mr. Bradley T. J. Meitee. Jr., suggesting legislation to authorize the County Commissioners of the several counties to establish hoards of recreation. (Item No. S9i This item was referred to the Judiciary Committee. 5. From the members of the History Group of the Community Study Workshop of the Baltimore Public Schools, urging that steps be taken to protect Blackistons Island from further erosion. (Item No. 90) It was suggested that a joint resolution be prepared for submis sion to the General Assembly to request the proper State agency or agencies to rake whatever steps may be necessary to prevent further erosion at Blackiston's Island, if possible. 90 Hi-. Luber. Vice-Chairman of the Budget nn<l Fiunnee Com mittee. submitted tlie following report: REPORT OF THE BUDGET AND E1XAXCE COMMITTEE December 21. 194!). To the Members of the Legislative i.'ouuril: The Budget nnd Finance Coimnirtee net on Wednesday, Decentber 2lst, 1949, with tiie following members present: Mr. Luber. Vice-Chairman, presiding, and Messrs. Kamsbitrg. Berk. St minberg. Boone. Goldstein. Todd and Kimble. The Committee considered the several items mi iis agenda ami makes the following report: Item No. 7(1--E.\einpl inn of Stale and oml govcnimenis from the Fair Trade Act. Favorable Report. 4U --.M olor \ e l t i e l e 1n s p e r tio n s . The Committee recomnieuds in lien of the pro posal submitted to rite Conned tint: the Council endorse in principle the establishment of Stateoperated motor vehicle inspection stations and further recommends that the Chairman of tiie Council appoint a committee from .among its members to confer with the Commissioner Of Motor Vehicles as to the details of such a plan and the preparation of a bill to carry it into effect. Respectfully submitted. J ohn C. Llber. Vice Chairman. After discussion, on motion of Mr. Luber. this report was adopted and it was ordered that a hill be prepared to make effec tive Item Xo. 70, for introduction at rite 1950 session. The Chairman announced the appointment of the following com mittee in accordance with the recommendation as to Item Xo. 40: Mr. Luber. Mr. Stroruberg, Mr. Chaires. Mr. Kimble. Mr. Boone and Mr. Goldstein. Mr. Syberf. Chairman of the Judiciary Committee, then sub mitted tiie following report: REPORT Ob' TIIE JUDICIARY COMMITTEE December 21. 1949. To the Members of the Legislative Council: The Judiciary Committee met on Wednesday. December --1st. at 10.30 A. M.. with the following members present: Mr. Syhert. Chairman, presiding, and Messrs. Della, Hoff. I.olstrand. Chaires. Meluicove. Turnbull. McAllister and Byrnes. The Committee gave careful consideration to a number of Items which had been referred to it and begs to submit the following report: Item Xo. 73--Licensing of Child Care Agencies. Favorable Report, with amendments, on proposed bill, f1930 Session) ij-i--Repeal uf (.'La[iter 31T of the Acts of 194'J. lelam "" tive to poisonous paint uu toys. Favmaiile Report. t I95<i session). 4---Confiscation of gambling monies. Favorable Report, with amendments, on proposed bill, i 1`J-j'I Session' Respectfully submitted. C. F erdinand Sjvuekt. C h a i r m a n . After discussion, on motion of Mr. Sybert. tlte above recom mendations were uppruved and bills ordered prepared for the Utah session. Senator Kimble cal led attention to the decision of tlte Court of Appeals, holding invalid the law relating to strip iuiniug in Allegany County and requested the Legislative Council to approve rite preparation ami Introduction of a bill at tlte 1950 session to make (ho strip-mining law State-wide in its effect. i Item No. 91) (>n motion, this recommendation was approved for tlte l'-loti session. The Council then look up for tinal consideration hills which had been prepared on (lie following items: I lent No. .VI-- Lobbying. After discussion, on m o t i o n o f Mr. Stromberg, the bill as submitred was approved, with the incorpora tion of an amendment fo provide that no State oll'icer or employee should he permitted to act as legislative agent f o r compensation. Items 03(1) and f.i), relating to Physical Therapy. Items 03(1 i and fd). relating to non-resident hunting and fishing licenses. Item N'o. 6G, relating to probationary motor vehicle licenses for minors, and Item N'o. 84, relating to reciprocity in the collection of income taxes and other taxes, were all approved for introduction at the 1050 session. After discussion, it was decided that Rule No. tili.oi of the House Rules should he amended to provide that the motion as to the previous question be not debatable. The Council then adjourned to meet un Wednesday, Januarv 11th, 1930, at 10.30 A. M.