Dear Friend:

The 428th session of the Maryland General Assembly ended at midnight on April 11, after 90 days of whirlwind activity. We grappled this session with difficult budget issues and controversial social matters, as discussed below.

I want to thank everyone who emailed, wrote or called to express their opinion on the bills that we considered this year. I am honored to represent you in the House of Delegates. Thank you for the opportunity to work with Senator Bobby Zirkin, Delegate Jon Cardin, and Delegate Dan Morhaim to represent our community in the 11th District in Northwest Baltimore County.

My Legislation

I am pleased to report that the General Assembly approved five of my bills:

HB 972 – International Green Construction Code. This bill allows local jurisdictions to adopt the International Green Construction Code (IGCC), which provides for more “green” and energy efficient features in building construction. The IGCC provides model code language to establish baseline regulations for new and existing buildings related to energy conservation, water efficiency, site impacts, building waste, materials and other considerations.

HB 313 – Mel Noland Woodland Incentives Fund. This bill renames the Woodland Incentives Fund in honor of Melvin L. Noland, a beloved Baltimore County resident who championed forestry education and tree planting. Mel Noland planted thousands of trees that improved natural habitat and beautified communities.

HB 679 – Condominium Insurance Requirements. This bill allows condominium associations to require unit owners to purchase unit insurance coverage by a vote of 51% of members. This insurance would cover the $5,000 deductible on master insurance policies that unit owners are responsible for. This bill arose from the fact that without this unit owner insurance, condo associations frequently must absorb the cost of this deductible when there is damage to a unit.

HB 789 – Driver’s Licenses for Minors in Department of Social Services Custody. Youth who are in the custody or guardianship of local departments of social services (primarily foster care youth) have difficulty obtaining driver’s licenses because of MVA’s co-signing requirements. HB 789 addresses this problem by allowing the director of the Department of Social Services or the director’s designee to co-sign the youth’s application for a driver’s license.

HB 908 – Motor Vehicle Leasing Advertisements. Presently, some advertisements for the lease of motor vehicles promote prices calculated by including reductions in price that are only available to some people, such as individuals serving in the military. This bill requires that persons advertising vehicle leases must take into account certain fees and may not include discounts that are not available to all potential customers in calculating advertised lease rates.

Despite not having passed, I am pleased with the impact that HB 1241 (Rural Legacy Area Development Restrictions) has had in helping to find a solution to a community problem that was brought to my attention this session. In 1997, Maryland created the Rural Legacy Program to preserve the State’s most precious cultural and natural resource areas. The State helps preserve Rural Legacy Areas – some of the most scenic agricultural areas in Maryland – by funding the acquisition of properties and conservation easements. The Rural Legacy program has been a very successful “smart growth” initiative.

HB 1241 would have prevented the development of large electrical substations or shopping areas in Rural Legacy Areas. It was prompted by the prospect of a 30-40 acre BGE electric substation in the Piney Run Rural Legacy Area in Baltimore County. While the bill did not pass, it has prompted discussions by BGE with the Valleys Planning Council about more suitable locations for the substation.

The Budget

Once again, the General Assembly spent much of the session grappling with a budget affected by the slowly-recovering economy. As passed, the fiscal 2012 budget will:

• Reduce the structural budget gap by 42% – Budget forecasts predicted that the structural gap between revenues and spending for FY 2012 would have been almost $2 billion. Significant budget cuts by the General Assembly and limited fee increases have reduced that gap by 42.3%.

• Maintain the State’s commitment to public schools – Total State support for the public schools will increase by $41 million to about $5.8 billion, which reflects level funding per student.

• Protect investments in higher education – State colleges and universities will receive about $1.2 billion in State funds (essentially level funding), and will allow the institutions to limit tuition increases to 3%.  Aid to community colleges and private colleges and universities is also not reduced below FY 2011 levels.

• Sustain healthcare programs for low-income Marylanders – There is no reduction in services or eligibility for Medicaid services.

• Maintain 5% of general fund balance in rainy day fund – The budget will result in a fund balance of about $50 million. In addition, the balance in the State’s Rainy Day Fund will be $681 million, or 5% of general fund revenues at the end of fiscal 2012.

• Make changes to state employee fringe benefits – State employees will be required to contribute more for retirement benefits. While a difficult decision, this will preserve a defined benefit program for retirees and improve the long-term stability of the system. Health benefits will continue to be comprehensive and affordable for State employees and retirees, though employee/retiree contributions will go up moderately.

Crime

Gun Violence

In response to news stories that many perpetrators of violent crimes have prior convictions for unlawful gun possession, we passed HB 241, which increases the maximum penalty to 15 years for possession of a regulated firearm by a person previously convicted of certain crimes of violence or drug-related crimes. Hopefully, by keeping violent felons caught with firearms off the streets for longer periods of time, murders and other violent crimes will decrease.

Child Neglect

Somewhat surprisingly, child neglect has not been a crime up to now. SB 178 changes that by specifying that a parent, family member, household member, or other person who has permanent or temporary care or custody or responsibility for the supervision of a minor may not neglect the minor. A violator is subject to maximum penalties of 10 years imprisonment and/or a $10,000 fine.

Baltimore County Schools

Funding from Increase in the Alcohol Tax

SB994/HB 1213 increases the sales tax on beer/wine/spirits from 6% to 9%. (Maryland has basically the lowest alcohol tax on the East Coast.) More than $47 million of the resulting revenue will be dedicated in FY 2012 to school construction, of which Baltimore County – which has some of the oldest schools in the State – will receive $7 million. (After FY 2012, these funds will go to the general fund.) Also, $15 million from the tax increase will be dedicated in FY 2012 to the Waiting List of the Developmental Disabilities Administration, which provides community-based services to individuals with mental or physical impairments.

Task Force on Selection of Baltimore County Board of Education

SB 397/HB 398 establishes a task force to make recommendations on the best way of selecting the Baltimore County Board of Education. With most school boards in Maryland being elected (in whole or in part), there is much sentiment that the appointment process for school board members should be reviewed. I will be a member of this broad-based task force, which is to make recommendations by October 1, 2011.

Driver Safety

The legislature considered several bills that built upon previous efforts to improve driver safety. In prior years, the General Assembly outlawed the sending of text messages and e-mails while driving and made use of hand-held cell phones while driving a secondary offense. This year, we enacted HB 196 to prohibit the reading of text messages and electronic messages while in the travel lane of a roadway (whether or not the car is in motion). A separate bill (HB 222) would have made use of a hand-held cell phone while driving a primary offense. While the House of Delegates passed the bill, unfortunately it died in the Senate. Hopefully, the legislature will approve this legislation next year.

Environment

Poaching

The Baltimore Sun had several stories this winter about poaching in the Chesapeake Bay. With our fisheries already under threat because of pollution and overharvesting, we passed bills that stiffen the penalties for unlawfully taking fish or shellfish. SB 635/HB 1154 provides for the revocation of fishing licenses for knowingly and unlawfully taking striped bass or crabs. SB 655/HB 1225 provides stiff penalties for a person who engages in commercial fishing without a license.

Marcellus Shale

One of the major new environmental issues pertains to natural gas drilling in what’s known as the “Marcellus Shale” area, which includes parts of Western Maryland. Natural gas is a relatively clean form of energy, but drilling in Pennsylvania has led to several problems. The technique used to extract natural gas from shale formations is known as hydraulic fracturing. Hydraulic fracturing involves the injection of thousands of gallons of fluids that can include toxic or carcinogenic chemicals into the ground. In an attempt to avoid the problems that have affected Pennsylvania ground water, the House passed HB 852, which would have required State agencies to closely study the environmental and health consequences of hydraulic fracturing. Unfortunately, the Senate did not pass this bill.

Same Sex Marriage

The State Senate approved SB 116, which would have permitted same-sex couples to marry. In March, the House of Delegates considered this legislation in an impassioned debate. I supported the bill because I believe that the right to marry should not be denied to anyone. Unfortunately, there were not enough votes to pass the bill, so it was sent back to the House Judiciary Committee. Hopefully, it will be re-considered next year.

In-State Tuition

Another bill that prompted much debate was SB 167, which allows the children of undocumented residents to obtain in-state tuition at community colleges (and if they complete community college, then at a four-year state school) if they meet certain requirements (have graduated from a Maryland high school which they attended for three years; they or their parents have paid Maryland taxes for three years).In the end, I voted against this bill, which did pass the legislature.

Direct Wine Shipping

An issue that many constituents have supported is direct wine shipping. This year, we passed a bill (SB 248/HB 234) that will permit wineries (but not retailers) to ship directly to consumers.

I am proud to be representing you in Annapolis and to be a part of the District 11 legislative team. Please contact me at 410-841-3527 or dana.stein@house.state.md.us if I can ever be of assistance.

Sincerely,

Delegate Dana Stein