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Welcome to the 2009 Talbot Chamber Weekly Legislative Update. |
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The 2009 General Assembly session ended this week. During the 90-day session the Maryland Chamber took positions on 209 of the 2,674 bills and joint resolutions introduced. Below is a recap of important business issues considered during the session. To view all of our bill positions click here. For more information, visit our website at www.mdchamber.org. The ongoing budget gap between state spending and revenues will remain a serious problem for the next several years. The state general fund budget for fiscal year 2010 was balanced with a combination of funding shifts, temporary cuts and freezes to state aid. Over $1 billion in federal stimulus funds were used to backfill state Medicaid and education funding. The state general fund budget for FY 2010 will decrease by 3.3 percent from the current fiscal year, while total state spending will grow by 3.5 percent. A $96 million year-end fund balance is currently projected for FY 2010, but the recession continues to take a toll on the state's economy and revenue estimates.
Taxes
Despite the state's significant budget problems, the General Assembly resisted efforts to adopt new taxes this session. The Maryland Chamber again successfully led businesses in opposition to priority bills (SB 603/HB 1244) that would have implemented a corporate income tax system of unitary combined reporting and jeopardized single sales factor apportionment for manufacturers. The Maryland Chamber also successfully led opposition to legislation (SB 1071) that would have imposed sales tax on out-of-state vendors that advertised in Maryland. Other successes included:
- Defeating legislation (SB 472) that would have limited the income tax deduction for corporate officers above certain salary levels.
- Passing legislation (SB 88) to provide manufacturers with additional time to file a personal property exemption application with the State Department of Assessments and Taxation.
- Defeating bills (SB 302/HB 188) that would have shifted additional property tax burdens to business real property.
- Defeating legislation (SB 727/HB 983) to impose transfer and recordation taxes on transfers of controlling interests in small real property entities.
- Defeating legislation (HB 1061) that would have required every Maryland employer to annually provide an electronic or written notice to employees that may be eligible for the earned income credit.
Workplace Regulation
Flexible Leave: The Maryland Chamber advocated passage of legislation to clarify the broad language of the Flexible Leave Act, which passed during the 2008 Session, and impacts all employers who have 15 or more employees. This emergency legislation (SB 562) clarifies the key terms including child, parent, employer, and leave with pay and explains that employees may use leave with pay to care for an immediate family member who is ill. It also establishes that an employee may only use leave with pay that has been earned, and provides a leave parity provision, which clarifies that the employee use leave to care for a family member under the same conditions and policy rules that apply for the employee's own illness. It also narrows the provision prohibiting an employer from discharging, demoting, suspending, disciplining, or threatening to take such actions against an employee.
Government Mandated Shift Breaks: The Maryland Chamber defeated legislation (SB 660/HB 16) to impose a government-mandated, one-size-fits all approach to shift break benefits. This legislation would have created administrative burdens for private sector employers, as well as including a new private right of action.
Employee Misclassification: The General Assembly passed legislation (SB 909) that creates a presumption that work performed by an individual paid by an employer creates an employer-employee relationship. This legislation applies to construction and landscaping businesses, and establishes investigative procedures and penalties for noncompliance. While numerous amendments were made to the legislation placing it in a better posture than when first introduced, the Maryland Chamber opposed this bill due to its presumption an employer-employee relationship.
Unemployment Insurance: The Maryland Chamber supported passage of emergency legislation (SB 270/HB310) that makes an individual whose availability to work is restricted to part-time work eligible for unemployment benefits. The individual must have worked predominantly throughout the year on a part-time basis for at least 20 hours per week. The Maryland Chamber concluded that SB 270 will put money back into the economy. The legislation establishes a separate category of worker. Therefore, an individual who has a history of only part-time work, works in an industry that primarily only hires part-time employees, and is currently working part-time is not "unemployed" and thus not eligible for benefits.
Other unemployment insurance legislation passed by the General Assembly and supported by the Maryland Chamber include (SB 576/HB 740) compromise legislation between business and labor groups that increases the maximum weekly benefit amount by $30 beginning on October 1, 2009, and by $20 beginning October 1, 2010.
The General Assembly also passed legislation (HB 242) specifying that all severance and dismissal payments are deductible from unemployment insurance benefits, regardless of whether the unemployment is a result of job abolition. The Maryland Chamber supported this legislation.
Other successes included:
- Defeating legislation (SB 831/HB 1249) that would require Maryland employers of 50 or more employees to pay employees overtime for hours worked in excess of eight hours per day, instead of the current requirement that overtime only be paid for hours in excess of 40 in a week.
- Defeating legislation (HB 902) that sought to expand Maryland employers' obligations under the federal Family and Medical Leave Act (FMLA) by establishing a new group of covered relations for whom leave may be taken under FMLA.
- Defeating legislation (SB 451/HB 1287) that would have increased criminal penalties for violations of specified wage and hour laws from $1,000 to $2,500 as the maximum fine for a first violation. Each occurrence of a specified violation for a specified period would have been a separate offense. Additionally, legislation (SB 452/HB 1288) that would have provided that an employee who prevails in a claim of unpaid wages be awarded treble damages, plus a new penalty of two times the amount of unpaid wages, plus attorney's fees and cost was defeated.
Re-regulation: The Maryland Chamber, working with other interested business and labor organizations, helped defeat legislation (SB 844/HB 1530) that would have attempted to partially re-regulate Maryland's electric market by allowing the PSC to require utilities to build new power plants and set rates. The proposal would have re-established the integrated resource planning process that was in place prior to electric restructuring in 1999 and required each electric company to develop and submit long-range plans regarding electricity needs and the means to meet those needs. The proposal would have exempted large commercial and industrial companies, but would have imposed a nonbypassable surcharge on these companies, in order to fund the construction of new power plants. While the Senate passed the proposal, the House Economic Matters Committee voted instead to study the issue over the summer.
Standing: The General Assembly passed compromise legislation (SB 1065/HB 1569) between the business and environmental communities, which was supported by the Maryland Chamber. The legislation repeals specified contested case hearing provisions related to permitting decisions by the Department of the Environment. It would authorize judicial review of permitting and license decisions by the Department at the request of certain persons that meet specified federal standing requirements and participate in a public participation process. The compromise provides for increased participation regarding permitting decisions, while ensuring certain protections to the business community, and providing for a more rapid permit process.
Greenhouse Gas Emissions: The General Assembly passed legislation (SB 278/ HB 315) that requires the State to reduce statewide greenhouse gas emissions by 25 percent from 2006 levels by 2020. The legislation, which exempts manufacturers from contributing to the required 25 percent reduction, would be up for review by the legislature in 2016. The Maryland Chamber of Commerce took no position on this legislation due to the broad range of industries the Chamber represents, and the varying positions among its members.
Civil Liability
Maryland businesses again were the targets of numerous bills that would have exposed them to increased liability and lawsuits. The Maryland Chamber helped to defeat the following bills:
False Claims: Legislation that would have enabled individuals to collect bounties from suing state government contractors (SB 830/HB 915) and health care providers (SB 272/HB 304) for an allegation of filing a false claim for benefits.
Market Share Liability: Legislation that would have imposed an unprecedented standard of liability for companies that previously sold lead paint based on their market shares (HB 1156).
Noneconomic Damages: Legislation to increase the cap on noneconomic damage awards for lawsuits alleging wrongful death resulting from medical malpractice (SB 505/HB 237).
Consumer Protection Act Damages: Legislation that would have increased class action lawsuits by allowing up to treble damages for certain violations of the Consumer Protection Act (HB 797).
Health Care
The Maryland Chamber had success working with the General Assembly on a number of health care issues, including:
Small Group Reform: Legislation (SB 637/HB 674) passed that will inject much needed market based reforms into the small group health insurance market, including providing comparative information on the Maryland Health Care Commission's website, authorization of pre-existing condition exclusions, widening rating bands, and authorizing discounts for new employer groups with healthy enrollees. These reforms are consistent with the Maryland Chamber's 2009 Business Agenda and will provide stability to the small group market by bringing more young and healthy individuals and groups into the plan.
Wellness Incentives: Legislation (SB 638/HB 610) passed that will expand the ability of health insurance carriers to offer reasonable incentives for employees to participate in wellness programs.
Employer Mandates: Several significant employer health care mandates were defeated, including priority legislation that would have imposed a 2 percent employer payroll assessment to fund a universal health care plan (SB 813/HB 951), required an open-ended employer play-or-pay assessment (SB 515/HB 860), and established a costly health care benefit for individuals with autism spectrum disorders (SB 394/HB 273).
State Procurement
The Maryland Chamber was successful in helping to defeat a number of bills that would have detracted from Maryland's market-based competitive bidding procurement process, including legislation to expand the prevailing wage on construction contracts (HB 1409) and bills that would have forced all Maryland companies that have state procurement contracts to participate in the federal E-Verify system and be subject to additional sanctions for employment violations (SB 696/HB 502). Legislation (HB 1307) was also defeated that would have required businesses with a state construction contract to provide a state-mandated level of health insurance for their employees, as well as a bill (HB 708) to require any entity receiving state financial incentives to follow the state's minority business employment guidelines.
Market Intervention
Several bills that would have unnecessarily injected state government into the marketplace were opposed by the Maryland Chamber and failed, including legislation to limit the terms of consumer contracts (HB 1048), authorize price controls during a state of emergency (SB 707/HB 416), and legislation that would have required business owners to give a right of first refusal to employees (SB 820) or gas station tenants prior to selling their property (SB 858/HB 1100).
Transportation
ICC Construction: The Maryland Chamber helped defeat legislation (SB 753/HB 27) that would have prohibited the Maryland Department of Transportation from funding the Intercounty Connector.
Motor Fuel Tax: Legislation to increase the motor fuel tax by $.05 (HB 1214) and $.10 (HB 746) did not pass the General Assembly. The Maryland Chamber continues to support a gas tax to increase funding for key transportation projects. |
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Senator Colburn Reports from Annapolis Statewide Issues
Senator Richard F. Colburn (R. Eastern Shore) reported on the status of key legislation from the 2009 Session of the Maryland General Assembly. Senator Colburn stated,
"On the last day of the 2009 General Assembly Session the Senate gave approval to the State's nearly $14 million operating budget. The operating budget for next year is $13.8 billion; this is down from $14.3 billion last year. When adding the federal stimulus money and other funding sources, state spending for next year will actually be up by $1 billion. Many Republicans are afraid that we are spending money that we don't have and could create more financial problems in the future. As a result, about $100 million is in a fund balance for next year. The Fiscal Year 2010 Budget does the following:
- Incorporates Federal American Recovery and Reinvestment Act (ARRA) of 2009 Monies - Combined, the fiscal year 2009 and 2010 State budgets include $2.5 billion in federal funds resulting from the ARRA of 2009.
- Constrains Spending to Offset Significant Decline in Revenues - Current revenues are projected to decline 2.3% in fiscal 2009 and another 1.6% in fiscal 2010. Although there is a $1.6 billion, or 21.1%, increase in federal funds, therefore, the total budget grows a modest 3.5%.
- Maintains the State's Commitment to the Public Schools - Education aid will be $5.5 billion. This is an increase of $131.7 million, or 2.5%. Utilizing education aid allocated under the ARRA of 2009, all the Bridge to Excellence formulas are fully funded. In addition, there is $193 million in the ARRA of 2009 funds that will flow through the State budget to local school systems.
- Continues to Make Higher Education More Affordable - The budget will hold in-state undergraduate tuition rates level for the fourth year. Aid for community colleges is one of the few areas of the budget that is increasing, as $7.7 million is provided to accommodate enrollment growth.
- Continues Efforts to Protect the Environment and Restore the Chesapeake Bay - Bay Restoration Funds for enhanced nutrient removal total $130 million. There is approximately $145 million in federal funds for the water quality and drinking water loan funds. Also, a bill was passed that will require homeowners who live in the Critical Areas to upgrade failed septic systems with a nitrogen removal system to prevent further pollution from entering the Bay.
- Enhances Fund Balance and Maintains 5% of General Fund Balance in Rainy Day Fund - The proposed budget actions result in a fund balance of $96.2 million. This is twice the general fund balance under the Administration's proposed budget. In addition, the balance in the State's Rainy Day Fund is estimated to be $651.1 million or 5% of general fund revenues at the end of fiscal 2010.
These are the results of other key pieces of legislation:
- A bill was passed giving the State the power of Eminent Domain to keep the Preakness and other horse racing assets in Maryland as their land owner (Magna Entertainment) prepares to liquidate in a bankruptcy proceeding.
· Maryland's death penalty statute has become one of the most restrictive in the nation. Prosecutors must now have DNA or biological evidence or a videotape or video-recorded confession of the crime. Fingerprint evidence will no longer be used for death penalty convictions.
- Efforts failed to dramatically overhaul or privatize the Maryland State Police helicopter program, Medevac. Instead, lawmakers agreed to spend $52.5 million from the capital budget to replace three of the fleet's 11 helicopters.
- A bill was approved eliminating illegal immigrants' access to driver's licenses. It will allow those holding licenses to get a limited driving permit that would expire in 2015. They will receive a "not federally compliant" license that would not be accepted to board planes.
- There will be a statewide expansion of speed cameras in highway work zones and within a half-mile of a school. $40 fines will be given to someone traveling at least 12 mph over the posted speed limit.
- Lawmakers banned sending or writing text messages while operating a vehicle with a fine of $500.
- Legislation was passed requiring teens to have a learner's permit for nine months instead of six and a restricted provisional license until age 18.
- Energy re-regulation - A bill to give state regulators the ability to order utilities to build power plants which would have moved the state back to a more regulated system for residential customers, died in the House of Economic Matters Committee.
- Two bills were passed to give judges more authority to confiscate firearms from those accused of domestic violence.
For more information on this and other issues, please feel free to contact Senator Richard Colburn's office by calling (410) 841-3590 or (800) 492-7122 ext 3590 or by emailing
Richard.Colburn@senate.state.md.us.
Delegate Jeannie Haddaway's Final 2009 End of Session Report
BUDGET
This year's budget totaled $32.3 billion which represents a 3.5% increase in spending. This figure also includes $2.5 billion in federal stimulus funds for fiscal 2009 and fiscal 2010. Medical assistance and education continue to make up the largest parts of the budget.
Education K-12: Elementary and secondary public education will receive $5.5 billion, an increase of $131.7 million. Nonpublic schools will receive $2.4 million in textbook aid. Federal monies were used to fully fund the Bridge to Excellence (Thornton) commitment and the Geographic Cost to Education Index (GCEI).
Medical Assistance: Funding for medical assistance totaled $5.8 billion, an increase of $200 million over last year. $652 million of that figure came from federal stimulus matching funds.
Concern for the Future: The federal stimulus funding is one-time only funding. This means that we still have not solved the structural deficit problem in Maryland. Spending continues to outpace revenues and in two years, we will be facing a $1 billion deficit again. Ultimately, Delegate Jeannie Haddaway-Riccio voted against the budget based on those concerns.
PUBLIC SAFETY
The Death Penalty in Maryland
In December 2006, the Maryland Court of Appeals found that Maryland's lethal injection regulations had not been adopted properly. To date, the Governor has not issued new regulations which has resulted in a de facto moratorium on executions ever since. This year, the O'Malley Administration proposed legislation to completely repeal the death penalty from Maryland's law.
Amendments were added to the bill in the Senate that changed it from a repeal of the death penalty to restrictions on when and how it could be used. Now, the death penalty can only be sought in cases with DNA evidence, a video tape that links a defendant to a murder or a voluntary, videotaped confession. The amended bill also rules out cases where the State relies solely on eyewitnesses. In a news interview, Maryland Attorney General Doug Gansler called the changes to the legislation "ill-prepared, ill-thought-out, awkward and clumsy" (Baltimore Sun, March 17, 2009). Delegate Jeannie Haddaway-Riccio voted against the bill, which passed.
REAL ID Act: Amnesty vs. Proof of Lawful Presence
As of May 11, 2008, Federal agencies may not accept driver's licenses or identification cards for any official purpose if they are issued by a state that is not complying with the Federal REAL ID Act. "Official purpose" means boarding aircraft, entering nuclear power plants, entering federal facilities (including court buildings) and any other purpose defined by the Department of Homeland Security through regulations. Because Maryland has not complied with the requirements yet, the State had to file for an extension to the deadline. Although the extension was granted, many legislators feel that it is time to start moving toward compliance. To date, Maryland is one of only four states in the country that give driver's licenses to illegal immigrants. The Maryland Motor Vehicles Administration estimates that over 300,000 licenses have been given out to illegal immigrants by our State.
Delegates Ron George (R-Anne Arundel) and Jim Malone (D-Baltimore County) introduced legislation that would have brought Maryland into full compliance. Delegate Jeannie Haddaway-Riccio was one of over sixty cosponsors. In a voting session, the House Judiciary Committee amended the bill to create a two-tiered system for Maryland's driver's licenses that granted amnesty to the illegal immigrants that have already obtained Maryland licenses.
The bill was then brought to the full House of Delegates for a vote. In an historic moment, over forty cosponsors from both parties voiced serious objections to changes in the bill and one by one offered amendments to have their names removed as cosponsors. The most telling moment came when the bill's lead sponsor stood up and also asked to have his name removed.
Likewise, the Senate expressed their displeasure by passing legislation that was a true proof of legal presence bill. As a result, a conference committee had to be appointed to reconcile the differences. On the last day of session, House Bill 387 had been amended again to create a temporary two-tiered system with temporary amnesty for illegal immigrants already in possession of a driver's license. Their licenses will expire on July 1, 2015. The bill passed by a narrow margin. Delegate Jeannie Haddaway-Riccio voted in opposition.
Salvia divinorum
Salivia divinorum is a psychoactive herb that is being used as a recreational drug because of its hallucinogenic properties. While many health officials consider it to be stronger than LSD and the drug has serious side effects, it is widely available on the Internet, in retail shops across the country and even along the boardwalk in Ocean City. Many countries and states have banned it, including Sweden, Japan, Australia, Belgium, Spain, Italy, California, Delaware, Florida, Maine, Ohio and Virginia. Legislation is pending in Michigan, New Jersey, New York, Pennsylvania and Texas. Delegate Jeannie Haddaway-Riccio introduced legislation to ban Salvia divinorum in Maryland by adding it to the Controlled Dangerous Substances list. Instead of an outright ban, the House Judiciary Committee combined Delegate Haddaway's bill with a similar bill and amended it to ban sales to individuals under 21 years of age. The bill passed both houses and is awaiting signature by the Governor.
Protecting Seniors
House Bill 583 will help prevent financial exploitation of senior adults by prohibiting a person from knowingly and willfully obtaining the property of an individual by deception, intimidation, or undue influence. Additionally, HB 317 establishes a statewide Silver Alert Program, similar to the Amber Alert Program. Silver Alert assists with locating missing persons with a cognitive impairment, such as Alzheimer's or dementia by quickly disseminating information to law enforcement and the general public. Delegate Jeannie Haddaway-Riccio supported both bills, which passed and are awaiting signature by the Governor.
NON-PROFIT ORGANIZATIONS
Audits of Nonprofit Organizations
Under current law, non-profit organizations with gross income from charitable contributions of $100,000 or more are required to have a financial review by an independent certified public accountant. Non profits organizations with gross income from charitable contributions of $200,000 or more are required to have an audit by an independent certified public accountant. Financial audits can cost on average $10,000-$20,000, meaning 10%-20% of a non-profit's budget could be diverted from their core mission for this purpose. Legislation introduced by Delegate Jeannie Haddaway-Riccio modernizes the law and reduces the burdenon non-profits by increasing the current thresholds to $200,000 and $500,000 respectively before a review or an audit is required. The legislation passed both houses and is awaiting signature by the Governor.
Property Tax Credit for Habitat for Humanity
Delegate Jeannie Haddaway-Riccio introduced legislation that would authorize both Talbot and Dorchester Counties to exempt properties owned by Habitat for Humanity of Talbot and Dorchester Counties, Inc. The property tax credit will allow real estate transactions to go more quickly and will free up funding for future purchases of land.
To date, there are more than 1,500 Habitat for Humanity affiliates operating in the United States and Habitat has built more than 300,000 houses around the world, providing shelter for more than 1.5 million people.
Talbot County YMCA
The YMCA of Talbot County recently learned that they were responsible for installing a sprinkler system that will cost them nearly $400,000. Delegate Jeannie Haddaway-Riccio and Senator Richard Colburn introduced bond bill legislation to help the YMCA and were successful in securing $100,000 and $25,000 respectively in the capital budget.
BUYING LOCAL and AGRICULTURE
Buying Local
In the book Animal, Vegetable, Miracle the author Barbara Kingslover states: "If every U.S. citizen ate just one meal a week (any meal) composed of locally and organically raised meats and produce, we would reduce our country's oil consumption by over 1.1 million barrels of oil every week."
In addition to the environmental benefits, Delegate Jeannie Haddaway-Riccio believes that "buying local" is an important way to support local farmers and helps keep agriculture more viable in the State. With that in mind, she introduced several pieces of legislation that promote and enhance "buying locally" in Maryland.
Maryland Organic Transition Investment Pilot Program (MO-TIPP)
Delegate Jeannie Haddaway-Riccio cosponsored legislation with Delegate Roger Manno (D-Montgomery County) that creates a voluntary pilot program in Maryland to help farmers transition from traditional methods of agriculture to organic methods. The legislation passed unanimously in both Houses and is awaiting signature by the Governor.
Eggs at Farmers' Markets
House Bill 1542 was introduced by Delegate Jeannie Haddaway-Riccio and will make it easier for farmers to sell eggs at multiple farmers' markets. Under current law, a farmer wishing to sell eggs at farmers' markets must comply with different sets of regulations for each county in which they want to sell. Additionally, the Maryland Department of Agriculture and the Maryland Department of Health and Mental Hygiene have regulations that must be complied with. As amended, the legislation simplifies the process so that only one set of regulations would apply. The bill has passed both houses and is awaiting signature by the Governor.
Farmstead Cheese Pilot Program
Under current Maryland law, raw milk cheese can be bought, sold and consumed in Maryland, but cannot be produced in the state. This has caused many dairy farmers to haul their milk to Pennsylvania and other border states for processing. Delegate Jeannie Haddaway-Riccio initiated a pilot program a few years ago that would allow one farm in Talbot County to produce raw milk cheese. Last year, the pilot program was expanded to five farms in Maryland. However, because the pilot programs included a sunset date, many farmers were having difficulty getting loans to start their operation. As amended, House Bill 243 would remove the sunset date and allow five farms with less than 100 cows or goats to participate in the pilot program. The bill has passed both houses and is awaiting signature by the Governor.
Wine Production at Talbot County Wineries
House Bill 105 authorizes a holder of a Class 4 manufacturer's (limited winery) license in Talbot County to produce wine and pomace brandy at each warehouse for which the holder has been issued an individual storage permit. This legislation addresses a situation at the St. Michaels Winery in Talbot County in which the winery, the vineyard and the warehouse are located in different places. The bill gives the winery the flexibility to expand production at its warehouse since it does not have room to expand in its downtown St. Michaels location. It passed both houses and is awaiting the Governor's signature.
ENERGY and the ENVIRONMENT
Re-Regulation of Utilities
The Maryland General Assembly considered legislation this session that would have re-regulated utilities in Maryland. As a member of the Public Utilities Subcommittee, Delegate Jeannie Haddaway-Riccio voiced concern and opposition to the measure citing cost, consumer choice and the negative effect it would have on renewable energies as her main points of contention.
Utility Costs - Testimony in the House Economic Matters Committee consistently pointed out that rates will not go down as a result of re-regulation. Additionally, the legislation included a tax called a "bypassable wires charge". Haddaway argued that adding another charge, or tariff, to consumers' bills will only exacerbate an already bad situation.
Consumer Choice - The legislation not only affects residential customers, but small commercial customers. In the hearing, Delegate Jeannie Haddaway-Riccio referenced a constituent who is saving $300 a year with a competitive supplier that gets 5% of their energy from wind power. Under that ratepayer's same scenario, they could be purchasing up to 50% wind power and still pay cheaper rates than those offered by Delmarva Power. Another example she used is the Eastern Shore of Maryland's Education Consortium's Energy Trust, which purchases power collectively for public schools on the Eastern Shore. To date, they have saved taxpayers over $7 million in electricity costs. In similar fashion, the Delmarva Poultry Industry has saved hundreds of thousands of dollars.
Under the legislation, none of these consumers would be allowed to continue exercising consumer choice.
Renewable Energies - Renewable energies benefit from a competitive market. According to Haddaway, companies such as Clean Currents are offering competitive rates right now, which in her opinion, is evidence that the market is working. In a recent newsletter, Clean Currents was quoted as saying "[Re-regulation] would not only take away green power options...it would put the solar and wind industry in Maryland in jeopardy."
The legislation was defeated in the House Economic Matters Committee by a vote of 21-2.
Greenhouse Gas Emissions Reduction Act of 2009
In the absence of a federal law to reduce Greenhouse Gas Emissions in the United States, many states have chosen to implement their own laws. House Bill 315, which was supported by Delegate Jeannie Haddaway-Riccio, sets a goal for the State of Maryland to reduce their greenhouse gas emissions by 25% from 2006 levels by the year 2020. Maryland is already half way to achieving that goal by passing legislation such as the Healthy Air Act and the Clean Cars Act and by participating in the Regional Greenhouse Gas Initiative. The legislation passed both houses and is awaiting signature by the Governor.
Pollution: Coal Combustion By-Products
HB 1305 requires the Maryland Department of the Environment to propose regulations on fugitive air emissions from the transportation of coal combustion byproducts (CCBs), also known as fly ash, by December 31, 2009. The Department is also required to decide on permissible beneficial uses within the State of Maryland such as including it in cement production. The legislation was in part a reaction to a recent case in Anne Arundel County, where drinking water was contaminated. Residents of Gambrills filed a class action lawsuit that resulted in a $54 million settlement. Also in December 2008, the largest CCB spill in U.S. history occurred in Tennessee. An estimated 5.4 million cubic yards of wet coal ash was spilled. The legislation passed both houses and is awaiting signature by the Governor. Delegate Jeannie Haddaway-Riccio voted in favor of it.
For more information or for more specific reports, please visit www.votehaddaway.comwww.votehaddaway.com including:
· Green Report
· Realtors Report
· Business Regulation Report
· Eastern Shore Report
Delegate Addie Eckardt's Final 2009 Legislative Wrap Up
The 426th Session of the Maryland General Assembly ended Sine Die on April 13, 2009.
The budget with the Americans for Recovery and Reinvestment Act (ARRA) revenues built in for both the fiscal 2009 and 2010 State budget of $14.1 billion includes $2.5 billion in federal funds resulting from the ARRA. Of this amount, $1.1 billion reflects a higher federal match for the State's Medicaid program, $296 million funds increases in the State's education aid formulas, $242 million supports highway and mass transit projects, $712 million enhances existing federal programs, and $81 million supports costs traditionally funded with general funds.
In March the Board of Revenue Estimates lowered the general fund revenues forecast by almost $1.2 billion for fiscal 2009 and 2010. Consequently, current revenues are projected to decline 2.3% in fiscal 2009 and another 1.6% in fiscal 2010. Although there is a $1.6 billion, or 21.1%, increase in federal funds, the total budget grows by3.5%.
Education aid will be over $5.5 billion, an increase of $131.7 million, or 2.7%. Utilizing education aid allocated under the American Recovery and Reinvestment Act, all the Bridge to Excellence formulas are fully funded. This includes 100% funding for the Geographic Cost of Education Index to address cost differences among school systems. These amounts do not include an additional $193 million in ARRA funds that will flow through the State budget to local school systems. Maryland's State colleges and universities are provided funding to hold in-state undergraduate tuition rates level for the fourth straight year. Aid for community colleges is one of the few areas of the budget that is increasing, as $7.7 million is provided to accommodate enrollment growth.
Medicaid funding grows over $200 million, and there is no reduction in services or eligibility for services. Funding in fiscal 2010 includes $652 million from the higher federal match established under the ARRA of 2009.
Bay Restoration Funds for enhanced nutrient removal total $130 million, and there is over $145 million in additional federal funds for the water quality and drinking water loan funds.
The budget actions result in a fund balance of almost $100 million. In addition the balance in the State's Rainy Day Fund is estimated to be $651 million, or 5%, of general fund revenues at the end of fiscal 2010.
The local impact of the budget will be primarily in a reduction in Highway user revenues, costs of Real and Business Property Valuation program and cost sharing for the Office of Information Technology.
The Capital Budget authorizes $1.1 billion in the 2010 Maryland Consolidated Bond Loan program. Included are federal and special funds ($270million) identified as PayGo Funds.
LOCAL BILLS:
HB 111/SB19 (passed) increases the Dorchester County Sheriff's salary by $1500 each year staring with the beginning of the new term in 2011 until 2014.
HB110/SB (passed) repeals the termination date on Dorchester County's 3-year extension, from 12 to 15 years, on the length of operation of school busses. Dorchester County could save about $46,800 annually.
HB 112/SB331 (passed) changes the time of the year that the Dorchester County Board of Education elects its officers from the beginning of each calendar year to December of each year.
HB1507/SB330 passed and enables the Dorchester County Board of Education to provide Health Benefits for the elected school board members to take affect following the 2010 election.
HB425/ SB 333 passed and authorizes the Dorchester County Board of License Commissioners to issue Class B caterer's licenses and beer and wine sampling or tasting (BWST) licenses, establishes license fees, creates additional exemptions from the geographic restrictions for certain premises, and authorizes the alcoholic beverages inspector in Dorchester County to issue summonses for witnesses to appear at inquiries and hearings conducted by the board. It increases the compensation for the board's chairman and regular members to take effect at the beginning of the next term of office. The bill also exempts Secretary and Cambridge from the 300ft prohibition to establish a Class B Restaurant liquor license.
HB436/SB332 which would create a Class W Winery liquor license and enable a local winery to make wine, taste and sell wine at their establishment failed. The Winery bills are viewed as having statewide implications and would violate the long standing commitment to the three tiered system that clearly defines in law and separates those businesses that produce beer, wine, or alcoholic beverages from those who distribute and from those businesses who are in the retail sales of beer, wine or alcoholic beverages. This bill provides an economic development tool that would stimulate new business for the county and the state.
HB727 passed and extends the operation of school busses in Caroline County from 12 years to 15 years which could save the Caroline County Board of Education $44,000 annually.
HB455 Caroline County Elected School Board was amended to establish a "hybrid" Board of Education consisting of three elected, two appointed members and adds two nonvoting student members to the board. The three members will be elected at the November 2010 general election. The bill also increases the annual compensation for board members.
HB 43 (passed) allows school buses in Talbot County to operate for 15 years. The Talbot County Board of Education could save about $40,000 in student transportation expenditures annually.
STATEWIDE BILLS:
HB 387 Vehicle Laws-Lawful Status in the United States- Material Compliance with Federal Requirements passed 77-60 after extended debate and multiple amendments that if adopted would have promoted citizen safety as intended by the passage of the Federal Real ID Act. As the bill passed it creates essentially a two tiered drivers license system and grants permanent amnesty for those individuals who are illegal immigrants.
HB 72 (passed) and prohibits a person from using a text messaging device to write, send, or read a text message while operating a motor vehicle. I voted for this bill.
HB757 that I introduced (failed)and would clearly define fatigued driving and increase the penalty for this offence. Over the years several bills have been introduced to increase penalties for deaths caused by vehicle or vessel incidents, but all have failed.
ENVIRONMENT:
HB 315 Greenhouse Gas Reduction Act of 2009 passed and requires a plan of implementation for reduction of greenhouse gases by 2020 following a statewide inventory based on the 2006 data. I support.
HB 136, HB49, SB917/HB929 pertaining to pesticides and fertilizer all have failed.
SB 553/HB 609 (passed) establishes labeling requirements for lawn fertilizer beginning 2011, prohibits selling or distributing lawn fertilizer that is not low phosphorous fertilizer, requires specified manufacturers to reduce specified phosphorous levels, and institute reporting mechanisms.
HB 176 will require any person installing a replacement septic system in the Critical Areas and any new construction to use technology capable of reducing total nitrogen by fifty percent. I voted against. The increased costs may not be covered by existing grants.
HEALTH CARE:
Bills that would change the existing Maryland Institute for Emergency Services System (MIEMSS) all failed. The current system has been reviewed, changes made in the existing protocols and many believe there is no need to make changes at this time. A bill did pass that establishes a Joint Legislative Oversight Committee.
The Eastern Shore Delegation introduced HB1319 to establish a Rural Primary Health Residency Program to recruit and retain physicians in our rural areas. It was determined that initial steps for this project could be completed through a workgroup who will report back to the House Committee before next session.
BILLS THAT I CO-SPONSORED:
HB 714/SB627passed and provides loan assistance repayment for practicing physicians while establishing a new fund.
HB521/SB464 passed and includes Peninsula Regional Hospital System as a Rural Trauma Center for the purpose of physician reimbursements from the established fund.
HB503 would establish a Commission on Autism and would provide an inventory of services and resources including the cost for individuals affected by Autism.
HB 173 passed and establishes an Athletic Trainers Advisory Committee as a sub unit of the State Board of Physicians and provides for credentialing, training, supervision and defined the practice parameters.
HB 1261 passed and incorporates HB 8 and prohibits the distribution and possession of Salvia Divinorum to individuals under the age of 21 and establishes the appropriate and corresponding penalties.
SB 261/HB 299 (passed) establishes a mandatory 6-month driver's license suspension for a person under 21 who breaks the law by possessing, consuming, or consuming and exhibiting the effects of consuming an alcoholic beverage.
HB 251 failed, which I cosponsored was introduced to expand the authority of a court to order the Motor Vehicle Administration (MVA) to suspend the license of an individual under age 21 for misrepresentation of age to purchase or otherwise obtain alcoholic beverages. This bill was a priority for Talbot County to reduce underage drinking.
HB 1211 that I sponsored, failed and could have delayed the implementation of the new Optical scan electronic voting machine system until after the 2010 election due to the additional cost to the rural counties while the counties are still paying for the touch screen system... Given other changes proposed for our voting system, the state could be facing a Perfect Storm going into the 2010 elections.
HB 103/SB 175 that I sponsored, passed and directs the Department of Natural Resources to apply to the Army Corps of Engineers for a permit to dredge fossil oyster shell.
HB 452 (passed) requires charitable organizations with gross annual incomes of more than $500,000 to submit an audit performed by an independent certified public accountant (CPA). Charitable organizations with gross incomes between $200,000 and $500,000 must submit a review by a CPA; the Secretary of State may require an audit or review if the amount of gross income is less than $500,000.The bill takes effect June 1, 2009.
OTHER BILLS:
SB 279 (passed) restricts the death penalty to cases in which the State presents the Court or jury with (1) biological evidence or DNA evidence that links the defendant with the act of murder; (2) a videotaped, voluntary interrogation and confession of the defendant to the murder; or (3) a video recording that conclusively links the defendant to the murder. The bill prohibits a defendant from being sentenced to death if the State relies solely on evidence provided by eyewitnesses in its case. I voted against.
HB298/SB 264 would require service fees to be included in items for bargaining in collective bargaining units in the state. This change could require state employees who are not currently members of a collective bargaining unit to pay a mandatory "service fee" without any specific vote in the process. I voted against.
SB277 passed and authorizes the use of speed cameras in school zones and work areas only throughout the states. I voted against.
HB1181/SB467 was re-referred to committee after lengthy debate and reconsideration and did not pass. The bill would require a court, after a temporary or final protective order hearing, to order the expungement of court records about the proceeding under specified circumstances. The bill was not acceptable to Domestic Violence Groups. |
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