MULBA’s
2002 Legislative Wrap-up
The 2002 Legislative Session
was another successful year for the Maryland’s hospitality industry.
Through the leadership of our President, in collaboration with other
industry associations and leaders, MULBA was instrumental in the
successful defeat of several legislative initiatives that would have
negatively impacted on our businesses and thus the industry. The below
synopsis is obtained from the Maryland Restaurant Association’s
summation of legislative initiatives.
HB 29 -
State-wide Smoking Ban – Opposed – Bill Failed
This bill would have repealed
specified exemptions to occupational health and safety standards that
allow smoking of tobacco products in bars, taverns or clubs, including
bars in hotels, motels, and restaurants. Passage of this bill would have
banned smoking in these locations.
HB 472 - Food
Service Manger Certification – Opposed - Failed
This legislation would have
required food service facilities to ensure that a certified food service
facility manager is on staff to oversee food operations and sanitation.
MULBA supports this concept only if it applies to non-profit and
fraternal organizations, which are often the sources of many foodborne-illness
outbreaks. After this legislation was amended to exempt fraternal
organizations, MULBA opposed the bill and lobbied against it.
HB 607 –
Alcoholic Beverage Tax – Opposed - Failed
This measure sought to increase
the State tax rates for alcohol beverages from $1.50 to $3 per gallon
for distilled spirits, from 40 to 80 cents per gallon for wine, and from
9 to 18 cents per gallon for beer.
HB 732 –
Gambling: Video Gaming Machines at Racetracks – Opposed - Failed
This measure would have
provided for the licensing and operation of video gaming machines at
specified racetrack facilities, regulated by the State Lottery
Commission. MULBA has always opposed gambling because it consumes
disposable income and cannibalizes existing businesses
HB 964 –
Living Wage for State Contractors – Opposed - Failed
This bill would have required
the State government and specified contractors and subcontractors to pay
specified employees a minimum salary known as a "living wage".
This mandated wage would have been $11.77 per hour and would have cost
Maryland an extra $63 million in contract costs. MULBA opposes living
wage initiatives because these mandates eventually trickle down to
private sector employers.
HB 982 –
Family and Medical Leave Act – Opposed - Failed
This measure would have
duplicated the Federal Family and Medical Leave Act at the State level,
but would have mandated at total of 12 weeks of family leave for
employers with 25 or more employees, rather than the current 50-employee
minimum under Federal law.
HB 1182 –
Refusal of Service – Opposed - Failed
Passage of this bill would have
prohibited restaurant and bar operators from refusing to serve an
individual on the basis of the individual’s mode of personal
transportation, facial hair or hairstyle, or manner or style dress. By
making operators liable in civil action, this measure would have
effectively limited the use of dress code policies.
SB 257 –
Voluntary Quit Unemployment Insurance - Opposed - Failed
Legislative approval of this
bill would have established that voluntarily quitting employment for new
and better employment constitutes good cause, and would qualify an
individual for unemployment benefits if they subsequently lost the new
job.
SB 739 – Dram
Shop Liquor Liability – Opposed - Failed
This measure sought to make the
sellers of alcoholic beverages (including restaurants & bars)
"civilly liable" for injuries or death to third parties as a
result of the purchaser’s intoxication. In other words, restaurants
and bars could have been sued for damages if an intoxicated customer
subsequently killed someone in a car accident, for example.