Friday, March 17, 2023

>> THIS PROGRAM IS MADE BY MPT TO ENRICH THE DIVERSE COMMUNITIES THROUGHOUT OUR STATE AND IS MADE POSSIBLE BY THE GENEROUS SUPPORT OF OUR MEMBERS.

THANK YOU.

>> Jeff: WILL THE COMBUSTION ENGINE GO THE WAY OF THE HORSE AND BUGY?

>> BY RAMPING UP ELECTRIC VEHICLE SALES, WE CAN MOVE AND MOVE FAST TO REDUCE GREENHOUSE GASES.

>> WE CAN'T EXPECT THIS ALL MARYLANDERS WILL BE PURCHASING EXPENSIVE ELECTRIC VEHICLES.

THE AVERAGE ELECTRIC VEHICLE IS $60,000 OR MORE.

>> Jeff: LIFTING A LIMIT ON ABUSE CLAIMS.

>> ARE WE GOING TO AFFORD THE VICTIMS OF CHILD SEX ABUSE AND RAPE AN OPPORTUNITY TO SEEK CIVIL JUSTICE?

>> YOU SHOULDN'T BE ENTITLED TO LESS THAN IF YOU WERE ASSAULTED BY SOMEONE IN A PRIVATE ENTITY.

>> Jeff: AND SALUTING WOMEN'S HISTORY.

>> LADIES, HANDS UP.

>> CONNECTING MARYLANDERS TO THEIR GOVERNMENT.

THIS IS "STATE CIRCLE."

>> Jeff: GOOD EVENING.

THE BIG STORY AROUND "STATE CIRCLE" THIS WEEK, THE CHUTE OF LIMITATIONS.

FOR YEARS SOME VICTIMS OF CHILD SEXUAL ABUSE HAVE BEEN UNABLE TO SUE BECAUSE TOO MUCH TIME HAD PASSED.

WITH THE ATTORNEY GENERAL POISED TO RELEASE A NEW REPORT ON ABUSE IN THE CATHOLIC CHURCH, SUE KOPEN TELLS US THE LEGISLATURE IS MOVING TO EXPAND THE LEGAL RIGHTS OF VICTIMS.

>> IT'S ABOUT HOLDINGS THOSE ENTITIES LIABLE AND RESPONSIBLE FOR THEIR NEGLIGENT ACTIVITY, AND SO THE THEY SHOULD HAVE KNOWN, YES, ACTUAL KNOWLEDGE.

YOU SAW IT OR SOMEONE, CONSTRUCTIVE KNOWLEDGE, SOMEONE SAID COACH SO-AND-SO HAS BEEN DOING THIS, YOU FAIL TO DO SOMETHING OVER YEARS, THAT'S WHAT WE'RE SEEKING TO DO TO HOLD THOSE ENTITIES RESPONSIBLE.

>> Sue: MONTGOMERY COUNTY SNRAR WILL SMITH IS THE SPONSOR OF THE BILL WHICH IS LIT THE STATUTE OF LIMITATIONS ON ALL CIVIL SEXUAL ABUSE CLAIMS.

SMITH SAID THAT COULD WELL LEAD TO MANY LAWSUITS.

>> IT'S CONCEIVABLY POSSIBLE THAT YOU WOULD HAVE MASSIVE CLAIMS, AND THEN THE POLICY QUESTION IS FORGET THE LEGAL QUESTION, BUT THE POLICY QUESTION IS ARE WE GOING TO AFFORD THE VICTIMS OF CHILD SEX ABUSE AND RAPE AN OPPORTUNITY TO SEEK CIVIL JUSTICE AS.

STATES CAN WE SAY, YES, WE'RE GOING TO ALLOW THAT PERSON TO GO BACK AND GET THEIR -- AND SEEK JUSTICE, JUST AN OPPORTUNITY TO SEEK JUSTICE, AND THAT'S THE POLICY CONSIDERATION BEFORE YOU AS WELL.

>> Sue: SENATE BILL 686 ALSO KNOWN AS THE CHILD VICTIMS ACT OF 2023 REPEELS THE STATUTE OF LIMITATIONS FOR ANYONE ALLEGING THEY WERE A CHILD VICTIM OF SEXUAL ABUSE NO MATTER HOW MANY YEARS SINCE THAT ALLEGED ABUSE.

IT CALLS FOR CAPPING LIABILITY FOR STATE AND LOCAL GOVERNMENTS AND SCHOOL BOARDS AT $890,000.

FOR A PRIVATE INSTITUTION, THAT CAP WOULD BE $1.5 MILLION.

AND THE CAP APPLIES TO EACH ALLEGED INCIDENT OF ABUSE.

A NUMBER OF AMENDMENTS WERE OFFERED UP, INCLUDING ONE CALLING FOR PARITY IN LIABILITY BETWEEN THE PUBLIC AND PRIVATE SECTORS.

>> THIS AMENDMENT WOULD SAY IF YOU WERE SEXUALLY ABUSED BY A TEACHER OR BY A PRISON GUARD OR IN A JAIL OR IF YOU WERE ASSAULTED, SEXUALLY ASSAULTED BY AN AGENT OF THE STATE OR GOVERNMENT, YOU SHOULDN'T BE ENTITLED TO LESS THAN IF YOU WERE ASSAULTED BY SOMEONE IN A PRIVATE ENTITY.

>> Sue: SENATOR ALSO OFFERED AN "A" THAT HE SAID WOULD ENSURE MORE MONEY WOULD GO TO THE VICTIMS.

>> THIS AMENDMENT VERY SIMPLY WOULD CAP ATTORNEY'S FEES IN AN ACTION IN THIS BILL AT 10%, IT'S $150,000 FOR 1.

$5 MILLION AWARD OR $89,000 FOR AN 890,000.

AND I I THINK IT'S A GOOD "A" THAT WILL STRENGTH THE BILL.

I'VE NEVER SEEN.

>> I'VE NEVER SEEN ANYTHING AS LOW AS 10%.

THIS BILL IS ABOUT ACCESS TO JUSTICE PUNCH WANT TO MAKE SURE THERE'S A FINE BALANCE BETWEEN, YOU KNOW, SURVIVORS ACTUALLY BEING ABLE TO GET AN ATTORNEY THAT'S INTERESTED IN THAT, IN THE CASE, AND THEN ALSO NOT PROVIDING FOR PERVERSE INCENTIVE SO THAT THEY HAVE EXORBITANT FEES.

TO THE CHILD ATTORNEYS OUT THERE, IF YOU CHARGE CRAZY FEES, SHAME ON YOU, BUT WE DO WANT TO MAKE SURE THAT EVERYONE HAS THE ABILITY TO SEEK REPRESENTATION.

>> Sue: IN THE END ALL PROPOSED AMENDMENTS FAILED.

SENATORS VOTED 42-5 TO GIVE THE BILL FINAL APPROVAL AND MOVE IT ON TO THE HOUSE.

THE HOUSE VERSION OF THE BILL NOW AWAITS A VOTE IN COMMITTEE.

AT THE STATE HOUSE, SUE KOPEN FOR "STATE CIRCLE."

>> Jeff: LEGISLATION TO REKOVAL STOLL THE BOOKKEEPING MESS AT THE STATE'S PRIDE COLLEGE SAVINGS PLAN IS MOVING FORWARD.

CHARLES CHARS REPORTCHARLES ROBINSON REPOR TREASURER'S OFFICE WILL TAKE CONTROL.

>> ACCOUNT HOLDERS HAVE BEEN TREATED AS ADVERSARIES FROM THE START.

ARTICLE 9 OF OUR CONTRACT SAYS THE BOARD CANNOT MAKE CHANGES WITH AN ADVERSE IMPACT.

CHANGES REQUIRE PROMPT NOTIFICATION SO WE CAN TERMINATE CONTRACTS TO PROTECT OURSELVES.

BUT THE BOARD SPUN ITS HARMFUL CHANGES AS GOOD NEWS, LOSING TENS OF THOUSANDS OF DOLLARS IS NOT GOOD NEWS.

>>> YOU.

>> Charles: LISA PETERSON IS ONE OFLED MARYLAND 529 ACCOUNTED HORDES WHO ARE UPSET THE MONEY THEY INVESTED HAS NOT BEEN AVAILABLE FOR THEIR CHILDREN.

THE MARYLAND PREPAID COLLEGE TRUST WAS CREATED IN 1997.

TENS OF THOUSANDS OF FAMILIES INVESTED AS A WAY TO PROTECT AGAINST RISING TUITION.

SO ALL OF THIS CAME TO LIGHT AFTER THE FORMER HEAD OF THE 529 PLAN TESTIFIED HE COULDN'T TELL PARENTS WHERE THEIR TUITION MONEY WAS.

MUCH OF THE BLAME WAS PUT ON A MISCALCULATION OF THE 6% GUARANTEED RETURN.

>> THE FAMILIES WERE VERY MUCH BANKING ON HAVING THIS MONEY TO SEND THEIR CHILDREN TO COLLEGE, AND THE MOST DISTRESSING PART WAS OF THE NUMBER OF PARENTS THAT TALKED WITH US ABOUT THE FACT THAT THEY NOW HAVE TO EITHER BORROW THE MONEY, THEY'VE GOT TO MORTGAGE THEIR HOME, THEY'VE GOT TO FIND THE MEANS TO KEEP THEIR CHILDREN IN COLLEGE.

>> Charles: SENATOR BENSON HAS INTRODUCED SENATE BILL 959.

IT WOULD ELIMINATE THE CURRENT 529 BOARD.

SHE HAS PROPOSED THE COLLEGE FUND BE ADMINISTERED BY THE TREASURER'S OFFICE.

DURING HIS TESTIMONY, TREASUER DERECK DAVIS WON WARNED THE BODY HE WOULD NEED ASSISTANCE IN TACKLING THIS NEW TASK.

>> THERE ARE A NUMBER OF ACCOUNT HOLDER HERE AND ELSEWHERE WHO ARE WAITING TO SEE WHAT SORT OF REMEDY THE STATE WILL OFFER THEM.

>> Charles: THERE WERE A NUMBER OF AMENDMENTS SUGGESTED TO CLARIFY HOW THE TREASURER'S OFFICE WILL ADMINISTER THE NEW PROGRAM.

CHALLENGES INCLUDE ADDING STAFF TO DEAL WITH THE NUMBER OF ISSUES THEY WILL FACE.

IN ANNAPOLIS, I'M CHARLES ROBINSON FOR "STATE CIRCLE."

>> Jeff: WITH A KEY DEADLINE IN THE LEGISLATIVE CALENDAR APPROACHING, GOVERNOR MOORE'S AGENDA APPEARS TO BE LARGELY INTACT.

AMONG HIS PROPOSALS, A TAX CUT FOR MARYLAND VETERANS AND EXPANDED TAX CREDITS FOR LOW INCOME RESIDENTS.

THOSE HAVE BOTH PASSED AT LEAST ONE CHAMBER.

THE GOVERNOR'S SERVICE YEAR OPTION PROGRAM FOR HIGH SCHOOL GRADUATES WILL NEED TO HAVE DIFFERENCES BETWEEN THE HOUSE AND SENATE IRONED OUT, AND THE GOVERNOR'S PLAN TO ACCELERATE AN INCREASE IN THE MINIMUM WAGE IS MOVING AHEAD BUT WITHOUT HIS REQUEST THAT FUTURE INCREASES BE AUTOMATICALLY TIED TO INFLATION.

THE GOVERNOR WANTS TO PUT NEW SALES OF GASOLINE POWERED CARS IN THE REAR VIEW MIRROR.

NANCY YAMADA REPORTS.

>> HEY, MARYLAND, LET'S GET ROLLING!

>> Nancy: TAKING A SPIN IN A MUSTANG GT MAKE 4, GOVERNOR WES MOORE SAYS THE FUTURE IS ELECTRIC.

NOW THAT MARYLAND HAS COMMITTED TOIST PHASING OUTED NEW GAS-POWERED CAR SALES BY 2035.

>> BY RAMPING UP ELECTRIC VEHICLE SALES, WE CAN MOVE AND MOVE FAST TO REDUCE GREENHOUSE GASES.

AND UNDER THIS PROGRAM, THE STATE OF MARYLAND COULD CUT VEHICLE EMISSIONS BY 75% OVER THE NEXT TWO DECADE.

THAT'S OVER 75 MILLION METRIC TONS OF GREENHOUSE GASES OUT OF THE ATMOSPHERE, GONE, AND MARYLAND IS GOING TO LEAD ON THIS INITIATIVE.

>> Nancy: MARYLAND IS ONE OF 17 STATES THAT HAS AGREED TO FOLLOW CALIFORNIA EMISSION STANDARDS WHICH ARE MORE E. AGGRESSIVE THAN WHAT THE FEDERAL GOVERNMENT REQUIRES.

THE NEW STANDARD INCREASES THE SALES PERCENTAGE OF VEHICLES THAT ARE ZERO EMISSIONS OVER TIME.

IN FOUR SHORT YEARS, 43 PERCENT OF ALL NEW VEHICLES DELIVERED TO DEALERSHIPS ARE EXPECTED TO BE ELECTRIC.

>> THE STATES ADOPT THIS FIRST ARE GOING TO BENEFIT THE MOST AND THE MOST QUICKLY FROM THE STANDARD.

>> Nancy: DELEGATE BARVE AI THE CHAIR OF THE HOUSE TRANSPORTATION COMMITTEE PREDICTS THE POPULARITY OF ELECTRIC VEHICLES WILL CONTINUE TO SOAR AS TECHNOLOGY IMPROVES.

>> THEY ARE GOING TO BE CHEAPER THAN GAS CARS.

THE RANGE IS GOING TO BE 300 MILES.

THE BATTERIES ARE GOING TO CHARGE MUCH MORE QUICKLY THAN THEY DO RIGHT NOW.

BY THE WAY, THESE CARS DON'T HAVE MAINTENANCE CBDC THE COST OF FUEL ON A PER MILE BASIS IS 1/6 TO 1/8 WHAT GASOLINE IS.

>> IT'S EXTREME, AND I DON'T THINK IT'S WELL THOUGHT OUT.

>> Nancy: DELEGATE PUPPY IS AMONG THE HOUSE REPUBLICANS WHO DENOUNCE THE ALL ELECTRIC MANDATE, CHARACTERIZING IT HAD AS RADICAL AND IRRESPONSIBLE.

>> I DON'T KNOW IF ANY OF THE INDUSTRY EXPERTS WERE INCLUDED IN THIS.

I DON'T KNOW IF OUR ELECTRICAL GRID CAN HANDLE THIS.

I DON'T KNOW IF WE HAVE THE INFRASTRUCTURE TO CHARGE THESE VEHICLES.

WE CAN'T EXPECT THAT ALL MARYLANDERS WILL BE PURCHASING EXPENSIVE ELECTRIC VEHICLES.

IF AVERAGE ELECTRIC VEHICLE IS $60,000 OR MORE.

>> Nancy: FORMER SENATOR PAUL PINSKY, THE NEW DIRECTOR OF THE MARYLAND ENERGY ADMINISTRATION, BELIEVES PRIZES WILL COME DOWN AS DEMAND GOES UP AND CONFIDENCE GROWS AMONG CONSUMERS.

>> WE HAVE TO GET THE CHARGING STATIONS IN PLACE LOCALLY AND AS WELL AS NATIONALLY, AND THE FEDERAL GOVERNMENT IS MOVING ON WHAT'S CALLED MEVI ALONG THE MAJOR HIGHWAYS AND 95 AND ROUTE 50 AND 80, SO PEOPLE DON'T HAVE WHAT THEY CALL RANGE ANXIETY.

>> Nancy: HE BELIEVES THAT PLUS FEDERAL AND STATE TAX CREDITS SHOULD CONVINCE MORE PEOPLE TO MAKE THE SWITCH TO ELECTRIC.

I'M NANCY YAMADA FOR "STATE CIRCLE."

>> Jeff: OUR "NEWSMAKER" THIS WEEK IS DAVID LAPP, MARYLAND'S PEOPLE'S COUNSEL.

SIR, THANK YOU FOR JOINING US.

>> David Lapp: PLEASURE TO BE HERE.

THANK YOU FOR HAVING ME.

>> Jeff: YOUR OFFICE IS CHARGED WITH REPRESENTING THE INTERESTS OF CONSUMERS BEFORE THE STATE AGENCY THAT REGULATES UTILITIES.

THE GOVERNOR THIS WEEK ANNOUNCING A PROPOSAL TO SPEED UP THE TRANSITION AWAY FROM GAS-POWERED VEHICLES TO MORE ELECTRIC VEHICLES.

ONE OF THE THINGS THAT'S GOING TO CHANGE THE WORLD OF ELECTRICITY GENERATION AND TRANSMISSION IN THE STATE, HOW DO YOU SEE THAT PLAYING OUT?

>> David Lapp: WELL, IT'S EXCITING TIMES.

WE WILL SEE INCREASED ELECTRIC -- ELECTRICITY USAGE AS A RESULT OF ELECTRIC VEHICLES.

WE ALSO SHOULD SEE A LOT OF CHANGES IN TERMS OF HOW ELECTRICITY IS USED TO HEAT OUR HOMES, TO HEAT OUR WATER, EVEN TO COOK OUR FOOD.

THOSE -- SOME OF THOSE CHANGES ARE ALREADY HAPPENING.

CUSTOMERS ARE ALREADY PURCHASING HEAT PUMPS, ELECTRIC HEAT PUMPS AT A PRETTY HIGH RATE.

THIS PAST YEAR WAS THE FIRST YEAR THAT HEAT PUMP, ELECTRIC HEAT PUMP SALES EXCEEDED GAS FURNACE SALES, SO ELECTRIC HEAT PUMPS ARE VERY COST EFFECTIVE.

THEY CAN BE USED TO REPLACE BOTH YOUR AIR CONDITIONER AND YOUR HEATEDDER AT SUBSTANTIAL SAVINGS FOR CUSTOMERS, AND IT'S BETTER FOR THE ENVIRONMENT BECAUSE IT REDUCES GREENHOUSE GAS EMISSIONS.

>> Jeff: AND THERE'S A BIG FEDERAL SUBSIDY FOR THAT, RIGHT?

>> David Lapp: THAT'S RIGHT.

THE INFLATION ADJUSTMENT ACT HAS A NUMBER OF INCENTIVES THAT ARE AVAILABLE NOW, AND THERE WILL BE REBATES IN THE NEAR FUTURE WHEN THE GOVERNMENT, FEDERAL GOVERNMENT IMPLEMENTS THOSE PROGRAMS.

>> Jeff: I'VE SEEN AM IS ON CONCERNS, I DON'T KNOW IF THIS WAS NATIONALLY OR LOCALLY, THAT MUCH OF THE CURRENT GENERATION INFRASTRUCTURE, COAL AND NATURAL GAS, THAT THESE PLANTS ARE ON TRACK TO BE SHUT DOWN, BUT MAYBE SHUT DOWN BEFORE MORE GREEN ENERGY, WIND POWER, SOLAR BATTERIES ARE AVAILABLE TO REPLACE IT.

DO YOU SEE THAT CONCERN?

>> David Lapp: WE'RE CONFIDENT IN THE RELIABILITY OF OUR SYSTEM BOTH FROM A GENERATION PERSPECTIVE AND I.

FROM THE PERSPECTIVITY TRANSMISSION AND DISTRIBUTION SYSTEMS.

IT'S IMPORTANT TO KEEP THOSE THREE COMPONENTS OF THE SYSTEM IN MIND.

WINTER STORM ELLIOT, THAT I WAS PROBLEM AT THE GENERATION LEVEL.

AND WE DO HAVE A LOT OF WIND AND SOLAR COMING ONLINE, AND IT'S -- YOU KNOW, THERE ARE THINGS THAT HAVE TO BE DONE TO MAKE SURE WE MANAGE THAT TRANSITION CORRECTLY, BUT WE'RE CONFIDENT THAT THAT'S GOING TO HAPPEN.

THERE IS STILL A FAIR AMOUNT NATURAL GAS GENERATION, AND WHAT'S WHAT THE ISSUE WAS WINTER STORM ELIO WAS THE NATURAL GAS GENERATION.

COAL IS GENERALLY NO LONGER COST EFFECTIVE FOR CUSTOMERS.

AT THE TRANSMISSION AND DISTRIBUTION LEVEL, THERE DOES NEED TO BE CHANGES.

THERE HAS BEEN SOME -- SOME PUBLIC CONCERN EXPRESSED ABOUT THE ELECTRIC SYSTEM BEING ABLE TO HANDLE GREATER ELECTRIFICATION.

WE THINK THAT THOSE CONCERNS ARE SOMEWHAT OVERSTATED.

THERE DO NEED TO BE CHANGES.

THE TRANSITION HAS TO BE MANAGED.

BUT THE INCREASES THAT WE EXPECT TO SEE IN ELECTRICITY CONSUMPTION ARE NOWHERE NEAR THE LEVELS OF THE THE INCREASES THAT THE UTILITIES SUCCESSFUL MANAGED DECADE AGO WHEN WE SAW LOTS OF NEW ELECTRIC APPLIANCES COMING ONLINE.

AND THE UTILITIES THEMSELVES WERE PREDICTING HIGHER LEVELS OF CONSUMPTION THAN WE'RE SEEING TODAY THAT ARE LESS BECAUSE OF ENERGY EFFICIENCY AND IMPROVED TECHNOLOGIES.

>> Jeff: DAVID, YOUR OFFICE RECENTLY CALLED ATTENTION TO SOME PANDEMIC ERA CONSUMER PROTECTIONS THAT ARE ABOUT TO EXPIRE.

WHAT SHOULD PEOPLE KNOW ABOUT THAT?

>> David Lapp: YES.

WELL, WE HAVE TWO THINGS THAT ARE ABOUT TO HAPPEN, THAT ARE HAPPENING PRETTY SOON.

ONE IS THAT WE NORMALLY HAVE AGAINST BILL -- AGAINST TERMINATIONS, UTILITY CUSTOMERS HAVING THEIR SERVICE TERMINATED BASS THEY HAVEN'T PAID THEIR BILLS, SO BECAUSE WE'RE -- WE'RE COMING INTO THE SPRING, THOSE PROTECTIONS ARE GOING TO END, BUT, MORE IMPORTANTLY, WE HAVE THE COVID PROTECTIONS, THE REMAINING ONES THAT ARE IN PLACE, SET TO EXPIRE IN JUST A COUPLE WEEKS ON APRIL 1st.

AND SINCE THE PANDEMIC, CUSTOMERS -- INITIALLY THEY HAD 45 DAYS BEFORE THEY WOULD BE CUT OFF AFTER THEY RECEIVED NOTICE OF AN OUTSTANDING BILL.

THAT WAS REDUCED TO 30 DAYS, BUT NOW IT'S GOING TO GO BACK DOWN TO 14 DAYS, WHICH IS FRANKLY NOT -- NOT MU CUSTOMERS TO HAVE IN ORDER TO RESOLVE BILLING ISSUES.

THERE'S ALSO SOME PROTECTIONS THAT HAVE BEEN IN PLACE ABOUT MINIMUM PAYMENT PLANS AND ABOUT REQUIREMENTS THAT UTILITIES WERE ALLOWED -- ARE ALLOWED TO REQUIRE -- PREVIOUSLY, DURING THE PANDEMIC, THEY HAVEN'T BEEN ALLOWED TO REQUIRE A MINIMUM PAYMENT.

AS A CONDITION OF ENTERING A PAYMENT PLAN.

SO THAT RESTRICTION IS GOING AWAY.

SO THESE ARE THINGS THAT WILL MAKE IT HARDER FOR CUSTOMERS TO GET SOME MORE TIME TO PAY OFF THEIR BILLS.

SO WE'RE EXPECTING -- WE'RE CONCERNED ABOUT BIG NUMBERS OF TERMINATION NOTICES COMING OUT IN FREQUENT -- IN THE UPCOMING MONTHS.

AND FRANKLY WE'RE HOPING TO BE ABLE TO HELP CUSTOMERS AND ALERT THEM AS MUCH AS POSSIBLE TO THESE CHANGES COMING DOWN THE PIKE VERY SOON.

>> Jeff: THERE WAS A RECENT ORDER FROM THE PUBLIC SERVICE COMMISSION CONCERNING AN ELECTRICITY SUPPLIER IN THE COMPETITIVE MARKET THAT WAS FOUND TO HAVE VIOLATED STATE CONSUMER REGULATIONS.

YOU HAD A MIXED VIEW OF THAT ORDER.

>> David Lapp: YES.

THAT WAS RELATED TO A SUPPLIER THAT WAS FOUND ALMOST TWO YEARS AGO TO HAVE ENGAGED IN DECEPTIVE MARKETING PRACTICES TO SIGN UP CONSUMERS.

UNFORTUNATELY, WHAT HAPPENED IS THE COMMISSION DECIDED TO PUT ON PAUSE THE REMEDY, RELIEF FOR CUSTOMERS TO END THOSE CONTRACTS AND TO PROVIDE REFUNDS FOR THE AMOUNT OF THOSE COSTS THAT'S ABOVE THE STANDARD UTILITY RATE.

AND WHAT WE'RE CONCERNED ABOUT IS THAT COMPANY IS GOING TO ESSENTIALLY BE ABLE TO STOP SERVING MARYLAND CUSTOMERS AND NOT PROVIDE THOSE REFUNDS AFTER WE HAVE APPEALS FINISHED BECAUSE THE COMPANY HAS APPEALED.

THAT'S WHY WE'RE HERE TWO YEARS LATER AND CUSTOMERS ARE STILL -- SOME OF THOSE CUSTOMERS STILL PAYING THOSE HIGH RATES AS A RESULT OF BEING SIGNED UP UNLAWFULLY.

>> Jeff: GIVE US SOME CONSUMER ADVICE HERE BECAUSE VARIOUS MARKETING ORGANIZATIONS ARE STILL, YOU KNOW, PUSHING HARD TO GET PEOPLE TO SWITCH THEIR ELECTRICITY, NATURAL GAS SUPPLIER, AND THEY CAN KNOCK ON DOORS, THEY CAN CALL, THEY CAN SEND LETTERS, THEY CAN OFFER UP-FRONT BONUSES THAT MIGHT BE AIRLINE MILES OR SOMETHING ELSE, AND THERE ARE SOME RISKS FOR CONSUMERS THAT MAYBE ARE NOT CLEARLY SPELLED OUT IN ACCEPTING ONE OF THOSE DEALS.

>> David Lapp: WELL, FOR ONE, DON'T PROVIDE YOUR ACCOUNT NUMBER UNTIL YOU'RE ABSOLUTELY SURE OF WHAT YOU'RE DOING AND THAT YOU HAVE READ ALL THE FINE PRINT.

YOU SHOULD PROBABLY AVOID VARIABLE RATES.

THESE ARE TEASER RATES THAT COMPANIES OFFER AND THAT WILL GIVE YOU A DISCOUNT FROM YOUR UTILITY RATE, BUT IT ONLY LASTS ONE, TWO, THREE MONTHS, AND THEN THERE'S NO LIMIT ON WHAT THEY CAN CHARGE.

SO WE RECOMMEND GENERALLY THAT CUSTOMERS AVOID THOSE VARIABLE RATES.

BUT IF YOU DO, MAKE SURE YOU KNOW HOW LONG IT'S GOING TO LAST AND MAKE SURE YOU'RE READY TO SIGN UP WITH A NEW PROVIDER OR CHANGE YOUR PACKAGE AFTER THE END OF THAT VARIABLE RATE BECAUSE CUSTOMERS GET SURPRISED.

THEIR RATES COULD GO UP DRAMATICALLY AFTER THE END OF THAT EARLY TEASER RATE.

>> Jeff: ARE WE SEEING FEWER PEOPLE SWITCHING, MORE PEOPLE?

WHAT ARE THE TRENDS THERE?

>> >> David Lapp: THE TRENDS THIS PAST YEAR HAVE ACTUALLY GONE DOWN, SO THERE'S FEWER CUSTOMERS SHOPPING, WHICH, YOU KNOW, IS A GOOD SIGN IN TERMS OF CUSTOMERS NOT BEING CHARGED EXORBITANT PRICES.

YOU KNOW, IT'S NOT NECESSARILY A GREAT SIGN IF YOU THINK THAT COMPETITION AND THE MARKET IS GOING TO PRODUCE BENEFITS FOR CUSTOMERS, BUT FRANK REPLY WE HAVEN'T SEEN -- FRANKLY WE HAVEN'T SEEN TOO MANY OF THOSE BENEFITS SWNCHTS THAT SYSTEM HAS BEEN IN PLACE A COUPLE OF DECADES.

OVERALL BENEFICIAL TO CONSUMERS OR NO?

>> David Lapp: SO FAR IT HAS NOT BEEN BENEFICIAL TO RESIDENTIAL CUSTOMERS, NO, IT HASN'T.

WHETHER THAT MEANS THE WHOLE SYSTEM NEEDS TO BE THROWN OUT OR WHETHER THERE NEEDS TO BE SUBSTANTIAL IMPROVEMENTS IN HOW IT WORKS, I THINK THAT'S STILL UP IN THE AIR.

>> Jeff: DAVID LAPP IS MARYLAND'S PEOPLE'S COUNSEL.

SIR, WE APPRECIATE YOUR TIME.

THANK YOU VERY MUCH.

>> David Lapp: THANK YOU.

>> Jeff: CELEBRATING WOMEN'S HISTORY MONTH, GOVERNOR WES MOORE HOSTED MEMBERS OF THE MARYLAND WOMEN'S HALL OF FAME AT THE GOVERNOR'S MANSION THIS WEEK.

THE HALL OF FAME WAS ESTABLISHED IN 1985 TO HONOR WOMEN WHO HAVE MADE LASTING CONTRIBUTIONS IN A RANGE OF FIELDS.

>> YOU CANNOT TALK ABOUT THE GROWTH AND YOU CANNOT TALK ABOUT THE EXCELLENCE OF THIS STATE WITHOUT UNDERSTANDING THE ROLE THAT WOMEN HAVE PLAYED, ARE PLAYING, AND WILL CONTINUE TO PLAY IN THE FUTURE OF MAKING THIS STATE EVERYTHING THAT IT CAN BE.

>> Jeff: AMONG THE 2023 HONOREES FORMER DELEGATE AN SOL GUTIERREZ WITH FORMER SECRETARY OF AGING GLORIA LAWLER AND BRIGADIER GENERAL JANINE BURKHEAD.

NOW FOR THE POLITICAL ROUNDTABLE WE'RE JOINED BY STEVE LASH OF THE DAILY RECORD.

SIEVE, THANK YOU FOR BEING WITH US.

LEGISLATORS ARE LOOKING AT SOME GUN BILLS IN THIS SESSION, BUT THERE'S A PREVIOUS STATE LAW THAT'SAL CURRENTLY BEING REVIEWED BY THE 4th CIRCUIT COURT OF APPEALS.

>> Steve Lash: YES, THE 4th U.S.

CIRCUIT COURT OF APPEALS IS LOOKING AT TWO PARTS OF THE 2013 VIOLENCE SAFETY ACT.

ONE PART, THE BAN ON ABOUT 45 SEMI-AUTOMATIC WEAPONS AND ALSO AS WELL AS A HANDGUN -- HANDGUN LICENSING REQUIREMENTS FOR WOULD-BE PURCHASERS OF THE WEAPON.

THE COURT IS LOOKING AT THOSE TWO CASES IN LIGHT OF SUPREME COURT'S RULING LAST UNIN THE NEW YORK STAYS, BRUIN, WHICH BASICALLY SAYS THAT COURTS, TO PASS CONSTITUTIONAL MUSTER, THE STATES' GUN RESTRICTION MUST HAVE A HISTORICAL ANALOG AND EITHER, WHICH THE SEND IS EVER 2nd AMENDMENT WAS RATIFIED IN THE $1,700 OR RATIFIED IN THE STATES IN THE 1860S.

>> Jeff: IS THE IDEA OF A HISTORICAL ANALOG A NEW CONSIDERATION IN A BELT LAW?

I MEAN, I ALWAYS THOUGHT IT WAS ABOUT HERE'S WHAT THE LAW SAYS, HERE'S WHAT THE CONSTITUTION SAYS, AND THAT'S ALL YOU'RE LOOKING AT.

>> Steve Lash: YES, YES.

IT'S BEEN CALLED BY MANY AS A SEA CHANGE.

UNDER THE PRIOR JURISPRUDENCE FROM THE 2nd AMENDMENT IT WAS KLIS BASICALLY A NEEDS TEST.

AS LONG AS THE STATE HAD A COMPELLING REASON AND THE RESTRICTIONS NOW WILL BE TAILORED TO MEET THAT COMPELLING REASON, SUCH AS PUBLIC SAFETY.

THE STATUTE WOULD PASS CONSTITUTIONAL MUSTER.

THE SUPREME COURT THREW THAT OUT AND PUT IN THE STANDARD THE HISTORICAL ANALOG STANDARD SAYING THAT, WELL, ANY RESTRICTION NOW HAS TO BE IN LIGHT OF WHAT THE FOUNDERS REGARDED AS A LEGITIMATE RESTRICTION ON GUN POSSESSION.

>> Jeff: AND THE BRUIN CASE HAD A SUBSTANTIAL IMPACT ON THE MARYLAND CARRY PERMIT SYSTEM, RESULTING IN A HUGE INCREASE IN THE NUMBER OF PEOPLE APPLYING BECAUSE THE THREASH HOLD TO QUALIFY WAS EITHER LOWERED OR DONE AWAY WITH.

>> Steve Lash: RIGHT.

THE SUBJECTIVE STANDARD, SUBJECTIVE STANDARD YOU HAVE TO HAVE A GOOD AND SUBSTANTIAL REASON.

ALIEN SHA WAS GUN, USUALLY THE STANDARD LAW IS AN IMMEDIATE THREAT UPON YOUR LIFE, SOMEBODY HAD MADE A DEATH THREAT, CREDIBLE DEATH THREAT AND IT WAS MARYLAND WANT THAT WAS A SUBSTANTIAL REASON TO HAVE A HANDGUN OUTSIDE THE HOME, AND BASICALLY NEW YORK HAD A SIMILAR RESTRICTION THAT WAS STRUCK DOWN IN BRUIN SO IT WAS BASICALLY ON POINT WITH MARYLAND.

WHEN NEW YORK'S WEN DOWN, SO DID MARYLAND'S.

>> Jeff: YOU'VE BEEN WRITING ABOUT THE SMELL OF MARIJUANA, NOT DOING REVIEWS, I DON'T THINK, BUT LOOKING AT THE LEGAL QUESTION THE THAT LEGISLATURE IS CONSIDERING WHETHER THAT SHOULD CONTINUE TO BE -- TO HAVE THE POTENTIAL TO GIVE A POLICE OFFICER PROBABLE CAUSE TO INITIATE A SEARCH.

>> Steve Lash: RIGHT.

SINCE MARIJUANA WILL BE LARGELY LEGALIZED BEGINNING JULY 1st, THE LEGISLATURE IS CONTINUING LEGISLATION TO ENSURE TO MAKE IT SO THAT POLICE CANNOT RELY ON THE ODOR OF MARIJUANA ON GIVE THEM PROBABLE CAUSE AND REASONABLE SUSPICION THAT A CRIME IS OCCURRING.

ESSENTIALLY IT'S BECAUSE SINCE THE SUBSTANCE, HINS SINCE MARIJUANA IS LEGAL, THERE IS NO REASON TO THINK THAT THE ODOR OF MARIN IS ANY INDICIA OF CRIME.

SO THE LEGISLATURE BASICALLY IN THE ABUNDANCE OF CAUTION HAS PASSED THIS, LOOKS LIKE THE HOUSE IS GOING TO HAVE IT WILL LATER TODAY, PASS THE LEGISLATION TO MAKE IT SO POLICE CANNOT RELY ON JUST THE ODOR ALONE AS REASON TO STOP 134-B, DETAIN SOMEBODY.

THE ORDER DOES NOT GIVE PROBABLE CAUSE OR REASONABLE SUSPICION, THE EXCEPTING BEING WITH -- IN TRAFFIC STOPS, IF THEY SUSPECT A DRIVER, OR PULL DRIVEROVER FOR A SUSPECTED DRIVING UNDER THE INFLUENCE, THEY SAY THE ODOR OF MARIJUANA CAN BE IN TOTALITY OF THE CIRCUMSTANCES, A REASON TO SEARCH THE VEHICLE, BUT ONLY AREAS THE DRIVER CAN REACH.

NOW IF YOU PULL OVER A DRUNK DRIVER YOU LOOK IN THE CAR TO TRY TO FIND A BEER BOTTLE OR SOMETHING.

>> Jeff: YOU CAN READ STEVE'S WORK AT THEDAILYRECORD.COM.

THANKS VERY MUCH.

HAVE A GOOD WEEKEND.

>> Steve Lash: THANK YOU.

>> Jeff: AND NAS "STATE CIRCLE" FOR THIS WEEK.

THANK YOU FOR WATCHING AND HAVE A GOOD NIGHT.

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