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<<Previous Newsletter Next Newsletter>> March 2, 2010 In last week’s newsletter, I talked about the State budget and the need to rein in excessive spending. Fixing our budget mess will not be easy, and it will require a bipartisan approach and solution. I was pleased to see the Democratic leadership invite the Senate and House Republican leaders to present specific ideas on ways to balance Maryland’s fiscal year 2011 operating budget. House Minority Leader Anthony O’Donnell and House Minority Whip Christopher Shank presented their views – and the views of the House Republican Caucus – during a briefing on budget reduction recommendations on Tuesday, February 23rd before a joint meeting of the House Appropriations Committee and Senate Budget and Taxation Committee. Several legislators from both parties also attended. The Republican plan, which received significant media attention, provides several specific recommendations to balance the budget, including cuts totaling: • $126 million by eliminating the Geographic Cost of Education Index (GCEI), an optional part of the Thornton education program that provides additional monies for teacher salaries in high-cost jurisdictions such as Montgomery County; • $29.9 million by eliminating 500 executive branch positions; • $12.4 million from stem cell grants; • $17.5 million by eliminating 1,000 positions in higher education; • $195 million from a 6% recovery in Medicaid performance audits; • $167 million by taking a more accurate count of school attendance figures throughout the school year; • $6.3 million by cutting 1% across the board in State agencies; • and several more significant cuts Overall, the reductions suggested by the Republican Caucus would save $829.63 million in the first year. Newspaper accounts on March 1st also indicated that leaders from both parties are seriously considering relaxing the counties’ required “maintenance of effort” provisions that mandate that each county annually must spend an additional amount on K through 12 education using a complex funding formula. Recognizing the continuing fiscal problems, these MOE provisions may be shelved for the upcoming fiscal year. A far more controversial proposal is one offered by Sens. Pipkin and Brinkley that would transfer at least some of the cost of funding teacher pensions from the State to the counties. Currently, the annual $900 million cost is borne completely by the State, a figure that is unsustainable in my view. I believe we should restructure the teacher pension plan in such a way that an increasing portion of the cost is shared by the counties. If this is done gradually and with a predictable timetable, the disruption can be minimized. This is an explosive issue, but we must have these conversations this year in an effort to solve one of Maryland’s biggest long-term fiscal challenges. Baltimore County AIM My office has received an avalanche of letters, phone calls and e-mails from frustrated teachers and parents regarding the implementation of Articulated Instruction Module (AIM), a system originally designed to follow academic progress of minority students. Many teachers have expressed their disdain for this system, as it forces educators to fill-out volumes and volumes of progress reports for every student in their class. The Teachers Association of Baltimore County has called AIM too time-consuming, complex, and redundant. Two joint hearings were held on January 21st and February 18th with Delegates and Senators from Baltimore County hearing testimony from the Baltimore County Public Schools (BCPS) Administration. The most recent meeting featured a pledge by BCPS Superintendent, Dr. Joe Hairston, to make AIM a strictly voluntary program. Throughout the timeframe that AIM was conceived and launched, it became very clear that extreme lapses in communication were making a bad situation worse. While Dr. Hairston was recovering from a double knee replacement for several weeks, the chain of command completely broke down and AIM was foisted upon the system as a fait accompli. This unfortunate episode has exposed several lapses in management that are unsettling and troubling. Further, BCPS teachers were never truly consulted in any meaningful way about a program that would place a significant time and resource burden on them. At the same time, we never received a good answer as to how AIM would help improve student performance. Some educators believe AIM is an innovative and effective program, but they seem to be in the distinct minority. Moving forward, it is essential that the BCPS Administration work with teachers, students, and parents to improve our county’s already excellent school system. Our teachers are among the most talented in Maryland, and a valuable human resource we must treat with great respect. Direct Wine Shipper’s License This year, Delegate Krysiak of Baltimore City is once again the primary sponsor for the Direct Wine Shipper’s License, HB 716/SB 566 (HB 1262 last year). With Maryland’s current three-tier distribution system, Marylanders can choose from a wide variety of wines, but must purchase these wines over a retail counter. In the event that a consumer cannot find the exact wine that they want in a liquor store, they are powerless to obtain this wine directly from wineries. In other states, residents can use the Internet or telephone in order to purchase wine and have it shipped directly to them. The fiscal and policy analysis for this bill has not yet been submitted, but this bill should augment wine sales in our state and have a positive fiscal impact. It is worth noting that the Bill has a majority of sponsors in both the House (80) and the Senate (26). Several constituents have expressed their sentiments both for and against this bill. The House Economic Matters Committee will hear HB 716 on March 5 at 1:00 PM, and the Senate Education Health and Environmental Affairs Committee will hear SB 566 on March 17 at 1:00 PM. If you feel strongly about these issues, you may want to consider presenting testimony to these Committees in Annapolis. My view is that consumers should have the right to purchase wines directly from wineries or over the Internet, as long as they show proper ID. Many other states have implemented these direct shipping programs with little or no trouble. The concerns about minors obtaining wines illegally are vastly overblown. It’s time for Maryland to adopt a direct shipping bill for wine. Same-Sex Marriage Validity Attorney General Douglas Gansler rendered an opinion last week that same-sex marriages performed in other states must be recognized in Maryland. This opinion comes following the defeat of a bill by Delegate Emmett Burns which would have banned recognition in Maryland of same-sex marriages from other states. The bill was defeated in the Judiciary Committee by a vote of 12-8. I voted in favor of Delegate Burns’ bill to ban recognition of same sex marriages performed in other states. The Attorney General’s opinion, which I have not yet read in its entirety, appears to rest largely on his personal support for gay marriage, rather than a strict reading of the law and the State constitution. Back in 1973, Maryland passed a statute stating flatly, “Only a marriage between a man and a woman are valid in this State.” That seems pretty clear to me. Obviously, this is a highly emotional and contentious issue. The cultural wars are raging throughout the country, and Maryland is no exception. While I strongly believe in traditional marriage, I also believe that on this most contentious and controversial issue, the people – not the courts, and not the Attorney General – should decide. They should decide either directly through a ballot initiative, or through their elected representatives. In all 31 states where a gay marriage initiative has been on the ballot, traditional marriage has been affirmed and upheld in every single instance. BOAST Tax Credit This Wednesday, March 3rd, proponents of the BOAST tax credit (House Bill 946) will hold a rally on Lawyers Mall in front of the State House. I have been invited to speak at the rally in favor of this important tax credit that allows individuals and corporations to make contributions to nonpublic and public schools and receive a 75% tax credit. BOAST stands for Building Opportunities for All Students and Teachers, and is modeled after a very successful Pennsylvania program that has raised scholarship monies for needy students in the Keystone State. Given the state’s fiscal situation, a tax credit of this magnitude would be costly, if fully implemented, since it would drain revenues from the general fund. Given this reality, BOAST proponents are not insisting that the program be fully implemented in its initial year, but that the statute be enacted in law as a “placeholder” for a time when the fiscal situation improves. Upcoming Legislation and Announcements I am pleased to report that HB 207, the “Castle Doctrine” passed on Thursday, February 25, by a vote of 136-1. The bill now will go to the Senate, where it was defeated last year. Unfortunately, HB 543, which would prevent people convicted of specific offenses from receiving a certain reward issued by the Criminal Injuries Compensation Board, was given an unfavorable report in the Judiciary Committee by a 13-8 vote. I will continue to provide the results of my pieces of legislation as they progress through committee and in the Legislature. You may also go to http://mlis.state.md.us/2010rs/sponsors/frank.htm in order to see the current status of these bills. Please send me an e-mail at William.Frank@house.state.md.us or call my office at 410-841-3793 and voice your opinions on these issues, as well as other issues that are important to you. Sincerely, Delegate William J. Frank
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Copyright 2010 * George Towle, Treasurer