End–of–Session Report
April 14, 2009
After 90 days, the 426th session of the Maryland General Assembly drew to a close on April 13th at midnight. Thank you very much for giving me the opportunity to represent you in the House of Delegates. I am honored to serve the 11th District of Northwest Baltimore County with my teammates Senator Bobby Zirkin, Delegate Jon Cardin and Delegate Dan Morhaim, who share a common vision to improve our community. Your priorities are clear, and together, we have worked hard to reflect them.
The General Assembly spent much time grappling with a severe budget crunch caused by the national recession. The legislature also approved significant legislation in the areas of public safety, transportation and the environment.
My Legislation
I was pleased that the General Assembly enacted three of my bills:
House Bill 120 – Extends the term of the Task Force on Financial Literacy, which I co–chair. In January, I helped present the task force’s recommendation to the State Board of Education that all students be required to learn financial literacy skills. I strongly believe that financial literacy is a basic life skill that all students should learn, and I was very pleased that the Board has stated that it will work to implement this recommendation. This spring, the task force will begin reviewing ways to improve the financial literacy of adults. If you have any suggestions, please contact me.
House Bill 547 – Requires prices advertised in auto ads to be the “full delivered cash price.” This eliminates the deceptive practice – used in some auto ads – of advertising a price that incorporates an amount for customer cash/trade–in or rebates that some buyers may not qualify for.
House Bill 754 – Requires disclosure, when property subject to an easement is sold, of the easement to the buyer and provides remedies in the event of non–disclosure.
In two cases, the intent of my legislation was implemented by other means. My bill HB 1516 would have required insurance companies to provide homeowners a two–year window to submit claims for replacement cost benefits (after a fire or other casualty event) under home insurance policies. Although not enacted, the main insurer that was targeted by this bill agreed to change its policy to provide for the two year period.
Also, my bill HB 1564 would have clarified that Program Open Space grants can be used to help fund indoor recreational facilities (such as community centers, pools, nature centers, and tennis facilities), as counties and municipalities have done for almost 40 years. Passed by the House but not the Senate, this provision was incorporated into another bill, SB 163, that was enacted.
Budget
The General Assembly approved a budget that maintains our priorities. The budget (HB 100) continues to: fully fund K–12 education; invest in higher education, including continuation of the tuition freeze at four–year public universities; fund Chesapeake Bay cleanup; and maintain 5% of the general fund in the rainy day account.
The budget made reductions to state government and maintains our AAA bond rating. The federal stimulus funding — $2.5 billion over two years — enabled us to avert further reductions in state funding and programs. If the economy does not rebound in the next year, however, Maryland will have to revisit the prospect of significant downsizing.
Death Penalty
The General Assembly approved legislation (SB 279) that repeals the death penalty in all but limited respects. The bill prohibits state prosecutors from seeking the death penalty unless the State can present biological or DNA evidence, a videotaped confession, or a video recording that conclusively links the defendant to the murder. Because proposed amendments that would have allowed the death penalty when fingerprint evidence, photographs and audio recordings established proof of guilt were defeated, I voted against SB 279.
Domestic Abuse/Gun Control
The General Assembly took steps during the session to take guns out of the hands of suspected domestic abusers. Under HB 302, judges will now be required to confiscate guns from the subjects of final protective orders. In the case of temporary protective orders, judges will have the authority to take guns from the subjects of protective orders, upon a showing that the petitioner fears harm from by a gun (HB 296). The Governor introduced these bills and I strongly supported them.
Environment
The legislature approved a bill (HB 315) that commits Maryland to reducing its greenhouse gas emissions by 25% from 2006 levels by the year 2020. With our extensive coastline, Maryland is extremely vulnerable to the rising sea levels that climate change will cause. Maryland has already taken several steps that will advance the State toward the 25% reduction goal, including laws that require “clean cars,” energy efficiency, and greater use of renewable energy.
The General Assembly also approved legislation that improves our “smart growth” policies and gives standing to community associations in environment–related (but not land use–related) matters.
Energy
In response to concerns about the rising cost of energy, Governor O’Malley introduced legislation that would have re–regulated the residential (and small commercial) energy markets. The bill would not have returned us to complete regulation (as we had prior to deregulation in 1999), but instead would have regulated new power plants and given the State the authority to order construction of new generating capacity. The bill passed the Senate but died in the House.
Motor Vehicle Issues
Texting, Teen Driving and Drunk Driving
The Motor Vehicles and Transportation subcommittee (which I serve on) spent much time on two important motor vehicle safety issues: texting and teen driving. I am very pleased that the legislature approved a ban on texting–while–driving (HB 72), since this is one of the most dangerous things a driver can do. Also, the legislature strengthened the law on teen driving by increasing the minimum age to obtain a provisional driver’s license to 16 years, 6 months and strengthening the penalties for motor vehicle violations by a minor (HB 303).
On drunk driving, HB 293 increases penalties for driving while intoxicated (MVA can suspend for one year the license of someone who has two DUIs within a five–year period), but I was disappointed that several bills that would have further toughened the laws on drunk driving did not pass.
Speed Cameras
HB 313 allows counties and municipalities to install speed monitoring cameras that will slow drivers down in highway work zones and school zones (defined as areas within a half–mile radius of a school). Under the bill, a driver must exceed the speed limit by 12 m.p.h. or more to be issued a ticket, which cannot be more than $40 (with no points) and cannot affect a driver’s insurance rating. Conspicuous notice must be posted for each speed camera.
This legislation was supported by police departments, Baltimore County and other groups. After the Governor signs the bill, the next step in Baltimore County will be for the County Council to consider whether to install speed cameras and in which areas. The Council will be required to hold hearings.
Driver’s Licenses
There was much debate over legislation to bring the State into compliance with the federal Real ID Act, which requires that new applicants for driver’s licenses prove that they are in the country lawfully. The final bill (HB 387) requires that as of June 1, 2009, applicants for new driver’s licenses prove that they are in the country lawfully. Current drivers, when their licenses expire, also will be required to prove that they are in the country lawfully. If they cannot, they will receive licenses that cannot be used to access airplanes or federal buildings and which will expire in 2015. I voted in favor of HB 387.
Preakness
The General Assembly approved legislation (SB 1072) requested by the Governor that gives the State authority through eminent domain to purchase the horse racing tracks owned by Magna Entertainment Corp., which has filed for bankruptcy. The key reason for this bill was to ensure that the Preakness – which was first run at Pimlico Race Course in 1873 and is the State’s largest sporting event – stays in Maryland.
Deer Hunting
One of the more controversial bills this year was a proposal (HB 663) to allow deer hunting on four Sundays a year in Baltimore County. After hearing from many constituents concerned about the safety of expanded deer hunting, I voted against this legislation, which was defeated.
My District 11 Colleagues’ Legislation
This session, each of my District 11 colleagues introduced and passed significant legislation. For example, Senator Bobby Zirkin sponsored SB 601, which insured that victims of domestic violence would be better protected from their alleged abusers by increasing the period of time, from 30 days to 6 months, for which a judge is authorized to extend a temporary protective order. Delegate Dan Morhaim sponsored HB 610, which will expand health insurance carriers’ incentives to promote wellness, the best way to reduce costs and improve health. Delegate Jon Cardin sponsored legislation (HB 1179) that follows last year’s approval of a constitutional amendment allowing early voting and creates an early voting system in each County.
Capital Projects
I sponsored legislation (HB 384) that requested funds for expansion of HopeWell Cancer Support Center in Lutherville. HopeWell offers the social, educational and psychological supports that are vital to a cancer patient and his or her family. As a result, the General Assembly included $250,000 for HopeWell in its capital budget.
The capital budget also provides $275,000 for the Jewish Community Center (JCC) of Owings Mills to install a new emergency power generator. This installation will enable the JCC to become a new emergency shelter in Northwest Baltimore County.
Also, Sinai Hospital was awarded $5 million over two years to build the new Herman and Walter Samuelson Children’s Hospital. The hospital will implement state of the art principles of family–centered, community based multi–specialty pediatric care, through renovation and expansion of its existing facilities.
Other Developments
The biggest development for me this session was a personal one. On March 8, my wife Margaret gave birth to a healthy baby girl, Julianna Elisabeth. Everyone is doing well and I appreciate all the good wishes that I received!
On another note, I also was proud when on March 31, the Governor announced the home for the Maryland Clean Energy Center at a press conference in Rockville. I was the lead sponsor of legislation in 2008 – HB 1337 — that established the center, which will help incubate renewable energy and energy conservation companies. The headquarters will be at the University System of Maryland's Shady Grove campus. UMBC will also participate in the center’s activities.
Click here for a link to the story in the Baltimore Sun about the announcement.
Finally, for everyone who’s concerned about their utility bills and energy conservation, I recommend that you read Jay Hancock’s column in the Sun on April 8 titled “Incentives to go green, save energy are greater than ever.” Incentives include a 30% federal tax credit up to $1,500 for insulation, appliances and other retrofits; a 30% federal tax credit for solar and geothermal systems; and state grants for solar and wind systems. The article can be found here.
I am proud to be representing you in Annapolis and to be a part of the District 11 legislative team, which includes Senator Bobby Zirkin, Delegate Jon Cardin, and Delegate Dan Morhaim. Please contact me at 410–841–3527 or if I can ever be of assistance.
Best,
Delegate Dana Stein
410–841–3527