Casino threat doesn't deter Indian recognition bill

CAPITAL WATCH

Wednesday, Feb. 18, 2009

The Charles County Democrat is sponsoring legislation that would alter how far back Indian tribes must show historical documentation to prove their existence.

Under current law, a group that petitions for recognition must produce records indicating they were indigenous to Maryland before 1790. But Murphy said records don't go that far back and a fairer date would be 1900.

"It will give our tribes in Maryland a fairer opportunity to get recognition," he said.

No American Indian tribes are currently recognized by the state, but it hasn't been for lack of effort. A group called the Piscataway Conoy Confederacy and Subtribes sought recognition under two former governors — both rejected the bids — as has a rival tribe called the Piscataway Indian Nation, which is based in La Plata. Several other groups — the Accohannock and Nanticoke Indian tribes — also claim to have historical roots in Maryland.

Critics have alleged state recognition is the first step to allowing tribes to build casinos in Maryland, but members of both efforts said they simply want their heritage to be accepted.

Murphy said his intent is just to give tribes a fair chance to become recognized, but acknowledged that the gambling argument could hinder the measure.

Tattoo bill passes committee

A bill requiring parental consent for a minor to get a tattoo or body piercing has cleared a major hurdle by passing the House Judiciary Committee, a notoriously tough panel whose support is not easily won.

Previous efforts to require parental consent, dating to the late 1990s, have failed.

If the bill passes, a parent or legal guardian would have to provide written consent in the presence of a tattoo artist or the individual performing the body piercing. Ear piercing is exempt.

Violators could face a misdemeanor charge and a $300 fine for the first offense, $1,000 for the second offense if it occurs within two years of the initial violation, and $3,000 for any subsequent breach.

"We have some very upset parents when kids come home with tattoos when some friend gave permission and not the parent," said Del. Sue Kullen (D-Calvert), who worked with Calvert County State's Attorney Laura Martin (R) on the legislation.

The committee amended the legislation to make it a civil offense, rather than a criminal offense, which caused the Maryland Coalition of Professional Tattooists & Body Piercers to drop its opposition.

"We just didn't think it should be criminalized," said lobbyist Bruce Bereano, who represents the group in Annapolis. "We think it should be a civil matter."

The National Conference of State Legislatures reports that 38 states have similar statutes in law. All of them prohibit body piercing of minors without parental or guardian consent, while 28 forbid tattooing of minors. The other 10 states outlaw tattooing of minors, regardless of parental consent.

Currently, the state health department can only send an inspector to ensure that health regulations are followed at a business when a complaint is filed, but no criminal action can be taken. Tattoo artists and body piercers need not be licensed in Maryland.

The bill now moves to the House floor, where an effort to tack abortion onto the legislation could be used in an attempt to defeat the measure.

Facebook returns

The prohibition of Facebook was short-lived.

Days after the Office of Legislative Information Systems blocked access to social networking sites Facebook and MySpace on General Assembly-issued computers, citing security concerns and an increases in viruses, the ban was lifted.

More than three dozen lawmakers use the site as a way to communicate with constituents when they are in Annapolis.

A number of them were confused and irritated by the temporary ban, which gave birth to an online protest on — where else? — Facebook calling for access to be reinstated.

The high-tech campaign worked, as Facebook was back up and running Feb. 10. MySpace, the less trendy of the two sites, remained off limits. Mike Gaudiello, director of the Office of Legislative Information Systems, said software was installed to protect the system from Facebook-borne viruses and it was safe to reopen access to the site.

Honoring public safety workers

Sen. Roy P. Dyson is leading a bipartisan effort to establish a day to honor firemen and rescue workers in Maryland.

The bill, which has 22 Senate co-sponsors, requires that the memorial service commemorating firemen and rescue workers be held annually on the first Sunday in June at the Maryland Fire-Rescue Services Memorial in Annapolis. An identical House measure has 10 co-sponsors, including a number of delegates who are professional and volunteer firemen and rescue personnel.

The memorial, which was dedicated in 2006, sits across from the Louis L. Goldstein Treasury Building.

Staff writer Sean R. Sedam contributed to this report.

abrody@somdnews.com