Judicial Proceedings Committee advances range of bills; holds complex SLAT-trust measure for more study

The Judicial Proceedings Committee on Feb. 7, 2025, reported a package of bills to the Senate floor covering estate planning, trustee compensation, surveillance and public-safety computer crimes, DNA collection procedures, and speed-monitoring enforcement, while holding one technical trust bill for further committee work.

Senate Bill 12, a technical bill addressing spousal lifetime access trusts (SLATs), was held for additional information after extended questioning about tax consequences and enforcement. Senator West summarized the policy background: "the federal gift and estate tax exemption, which is currently $14,000,000 is scheduled to devolve to only $7,000,000 at the end of the year," and said the measure is intended to keep trust administration and related business in Maryland.

The committee's decision to hold SB 12 reflected members' concerns about state tax effects and the need for data from the Comptroller's Office on how much tax revenue might be affected if residents or trustees move administration out of state. Laura Thomas, who participated in the bill hearing, said the trusts can already be created in Maryland and explained the bill addresses whether an exercisable marital power of appointment would allow creditors access or inclusion in a decedent's gross estate for state tax purposes. "These trusts can already be created in Maryland," Thomas said, and she described the narrow statutory question the bill would resolve.

Other trust-related and fiduciary measures moved forward. Senate Bill 19, which substitutes a reasonableness standard for compensation of trustees who are not financial institutions or Maryland-bar attorneys and preserves existing specific rates for guardians, passed unanimously. Senate Bill 22, establishing a task force to study fiduciary adjudication with a report due Jan. 1, 2026, was also reported favorably with sponsor amendments.

Legislation addressing public-safety computer crimes and 911 interruptions drew discussion but passed in committee. Senate Bill 81 would prohibit unauthorized access to computers where the intent is to interrupt or impair a public-safety answering point; committee discussion focused on the difficulty of quantifying aggregate damages tied to an impaired 9-1-1 system. The bill's sponsor said the measure focuses on whether an attack was successful rather than on an aggregate-dollar loss.

A departmental bill from the Department of State Police, Senate Bill 202, was amended to narrow the circumstances when DNA samples may be tested and to lower the penalty for refusing to provide a sample (committee discussion reflected a prior decision to reduce the fine to $1,000). The committee adopted the amendment and passed the bill unanimously.

Several bills dealing with surveillance, harassment and visual-recording statutes advanced. Senate Bill 92 and Senate Bill 348 amended harassment and visual-surveillance provisions to add definitions (including "residence" and visual surveillance) and to clarify that protection extends to residences and other private locations. Senate Bill 348's sponsor amendment removed an illustrative phrase so the statute's list of protected locations reads as enumerated.

Automated enforcement and speed-monitoring changes generated extended debate. Senate Bill 390 authorizes a technician employed by or under contract with an agency — not only a dually authorized law enforcement officer — to sign and affirm statements alleging speed-monitoring violations, and requires that any certifying law enforcement officer or technician complete "reasonable training" specific to the system before certifying violations. Municipal representatives said the training language was added to set a training floor where none exists; critics warned the phrase "complete reasonable training" is undefined and could permit uneven standards across jurisdictions. The committee passed SB 390 on a roll call, 6–2.

Other bills passed with little debate, several unanimously: changes to holdover procedures for landlords with active-duty service members (SB 32), an annual Department of Public Safety and Correctional Services study of post-incarceration locations (SB 84), allowing sheriff office employees to be treated as state personnel under the Maryland Tort Claims Act (SB 271), and a range of other measures noted below.

Votes at a glance

- SB 12 — SLAT trusts: Held for further information (committee asked sponsors to provide fiscal/tax quantification and legal clarifications).

- SB 19 — Trustee compensation (noninstitutional/non‑bar trustees): Reported favorably; passed unanimously in committee.

- SB 22 — Task force on fiduciary adjudication: Reported favorably as amended; passed unanimously.

- SB 32 — Eviction/holdover when landlord is on active duty: Reported favorably; passed unanimously.

- SB 81 — Unauthorized access affecting public-safety answering points: Reported favorably after discussion; passed (unanimity noted in the record).

- SB 84 — Annual DPSCS study of locations before/after incarceration: Reported favorably; passed unanimously.

- SB 92 — Adds intentional visual surveillance of a residence to harassment statutes / peace order relief: Reported favorably as amended; passed unanimously.

- SB 101 — Prohibition on standing in roadways to solicit in Wicomico County (amend effective date): Reported favorably as amended; passed unanimously.

- SB 144 — Maryland Limited Worker Cooperative Association Act: Reported favorably as amended; passed with an abstention recorded (Senator West).

- SB 202 — DNA collection/testing procedures (Dept. of State Police): Committee adopted clarifying amendment (limits testing triggers, lowers refusal penalty) and passed unanimously.

- SB 271 — Extends Maryland Tort Claims Act coverage to sheriff office employees: Reported favorably; passed unanimously.

- SB 273 — Consideration of Military Protection Orders in civil protective-order proceedings: Reported favorably; passed unanimously.

- SB 286 — Collection of Social Security numbers for domestic partnership/marriage registration (federal funding compliance): Reported favorably; passed unanimously.

- SB 334 — Malicious/fraudulent burning causing death or serious injury to firefighter: Passed unanimously with sponsor amendment.

- SB 347 — Local DSS may request federal law-enforcement assistance in vulnerable-adult investigations; information-disclosure adjustments: Reported favorably; passed unanimously.

- SB 348 — Expands private-place protections for visual surveillance; sponsor amendments adopted: Passed unanimously with amendments.

- SB 356 — Repeal misdemeanor for knowingly transferring HIV: Passed 7–2 as amended; roll-call recorded.

- SB 390 — Speed-monitoring system: authorizes agency technicians to certify violations and requires training; passed 6–2 on roll-call after extended debate about training standards and enforcement practices.

- SB 561 — Non‑escheat capital credits for electric cooperatives: Reported favorably; passed unanimously.

- Several bills (SB 405, SB 463, SB 527) were withdrawn by sponsors and removed from the voting list.

Why it matters

The committee's actions touch several areas with immediate policy consequences: estate-tax and trust law reforms that could affect where wealthy residents locate trust administration; legal definitions and remedies for visual surveillance and harassment that expand privacy protections for residences; and changes to automated enforcement and certification that could alter how municipalities run speed-monitoring programs. The committee deliberately held SB 12 to gather fiscal detail; members asked for comptroller data and additional clarifying language before moving it further.

What’s next

Most bills reported favorably will be placed on the Senate floor for consideration. Committee staff and sponsors were asked to provide background materials or clarifying language for several items before floor debate, including SB 12 (SLAT trusts) and SB 390 (training standards for speed-monitoring technicians).