Highlights for 2008
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July – 2008
Delegate Smigiel was honored by the Maryland Retailer’s Association to be named as one of the 47 (out of 141) members of the House of Delegates who were rated as having voted on legislation critical to the merchant community over 80% of the time.
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June – 2008
The Appeal of Governor O’Malley in the case of Governor Martin O’Malley and the
State of Maryland v. Maryland State Family Child Care
Association,
Delegate Michael D. Smigiel, Sr. and Senator Allan Kittleman,
was argued in the Maryland Court of Special Appeals.
Legislation twice failed to mandate that all private day care providers in the State who accept payment from parents with Purchase of Care
(POC) vouchers, participate in a vote as to becoming unionized. Governor O’Malley issued an
"Executive Order" that the daycare providers participate in a unionization vote.
The Circuit Court for Cecil County granted a Temporary Restraining Order and subsequently a Preliminary Injunction was granted holding that the Governor did not have the authority to issue an executive order
to implement the unionization vote but rather should have utilized a
regulation which can only come through legislation.
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April 2008 –
The State Fraternal Order of Police named
Delegate Smigiel their Maryland House of Delegates Legislator
of the year.
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HB-18
which Delegate Smigiel was the primary
sponsor of, passed both chambers and was signed into law by
the Governor. HB-18 requires that all registered sex offenders
also register any electronic screen name they use so the name
can be blocked from access to any sites frequented by
children.
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HB-
was submitted by Delegate Smigiel as a
corrective bill to rescind a bill passed the year before which
created havoc for those persons involved in car accidents
their insurance carriers and the attorneys representing the
parties involved.
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HB-
was merged with HB-488 which was signed and
passed into law.
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HB-
was a bill signed by a Cecil County
Sheriff’s Department Employee, Major Foster. Delegate
Smigiel and major Foster worked on the Bill draft last summer
and fall. HB- , is also known as the Correctional Officers
Bill of Rights Act,
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(C.O.B.R.A.)
This bill was submitted and passed as a local bill so as to avoid any county fro objecting to the idea of a Bill of Rights being applied to their county’s correctional officers.
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March 2008 –
The lawsuit, Smigiel, et. al v. Franchot et al. was filed to stop the Special Session tax increase and the placement of Slots legislation into our State Constitution was heard by Maryland’s highest court, The Maryland Court of Appeals.
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February 2008 –
Delegate Smigiel was honored by being chosen by the Republican caucus to deliver the 2008 Lincoln Day Address to the Maryland House of Delegates.
Click
here to listen
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January 2008 –
Delegate Smigiel spoke at the MACo Winter Conference held at the Hyatt Regency, Cambridge, Maryland on “Public Official Liability”. Specifically why legal actions arise against local governments and what actions local governments and public officials can take to minimize lawsuit risks.
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Michael D. Smigiel, Sr. et al. v. Peter
Franchot, et al.
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Issue - Constitutional Law - may law makers delegate decisions to voters by passing statutes which are contingent upon popular approval of duplicitous constitutional amendments?
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March 11, 2008 Click
here to listen
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