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March 30, 2010

Dear Constituents:

The pace of legislative activity is quickening, as we have only 13 days left until adjournment on Sine Die on April 12 at midnight.  “Cross-over” date is today, which means that all House bills must be passed in final form in the House before crossing over to the Senate for full consideration.  The same applies to Senate bills crossing over to the House.  We spent most of last weekend in Annapolis, passing bills on the House floor.

Judiciary Committee actions

Sexual Offenders.  Kudos to the bi-partisan efforts of the House Judiciary Committee, which voted last week to dramatically enhance criminal penalties on sexual predators.  By way of brief background, in 2007 the General Assembly passed Jessica’s Law, which provided for a mandatory minimum of twenty years in prison for first degree sexual offense (without getting too graphic, these are the absolute worst cases of raping a minor child while using a weapon, as well as other aggravating factors).  This year, we passed an enhancement to Jessica’s Law, House Bill 254, which provides for a mandatory minimum of fifteen years in jail without the possibility of parole for second-degree rape.  The basic difference between first- and second-degree rape is that no weapon was used.  Indeed, second-degree is just as traumatic and horrific to the victim, and consequently, the punishment should be severe.   

HB 254 passed the committee unanimously, and also passed the House of Delegates on a unanimous vote.  I just heard word that the Senate Judicial Proceedings Committee passed the Senate version of the bill with a twenty-year mandatory minimum. Now, I’m hopeful the House will adopt this stricter penalty that will keep these dangerous predators locked up for a longer period of time.   

Drunk Driving.  My bill, HB 1367, which would have permanently stripped driving privileges and car registration privileges to a thrice-convicted drunk driver, was not voted upon in committee.  As I write this, the Senate bill to require that an ignition interlock device be installed after a first drunk driving offense is moving forward, and I’m hopeful that the House Judiciary Committee will adopt this bill in its entirety.

HB 832 – Increase in State Tax Rates for Alcoholic Beverages

Delegate Bronrott has proposed HB 832, which would increase Maryland’s alcoholic beverage tax on beer, wine, and distilled spirits.  The last instance of an increase on this tax took place in 1972 for beer and wine and 1955 for distilled spirits.  Proponents of this bill indicate that the suggested tax would translate into an increase in cost for alcoholic beverages of about a dime per drink.  However, it is important to note that this piece of legislation would enact a 1300% increase in alcoholic tax and would result in Maryland having the highest beer tax per gallon in our country.

Additionally, data suggests that the actual effect of the tax would cost an extra $2 to $2.50 per six-pack, a cost that would have a tangible negative effect on business and trade in our state.  Although the bill is well-intentioned, now is not the time to raise taxes of any kind. There is a difference between good intentions and sound tax policy, and during this economic downturn, an increase in this tax of this magnitude will have a tangible negative impact on the state economy, specifically in regard to small business retailers.

Furthermore, the tax could end up actually crippling the very industry it utilizes to achieve its benefit.  With a tax increase of this magnitude, sales of alcoholic beverages in Maryland would likely decrease significantly due to availability of less expensive alcohol in neighboring states.  This loss in sales would result in diminished funding for the programs funded by the tax.

Upcoming Legislation and Announcements

A number of constituents have emailed me about the problem of cell phone usage while driving and have suggested a complete ban on cell phone usage while driving.  I would like to hear from you as the constituents of our district on this issue.  In the past, I have been opposed to such a ban, but with the number of messages received concerning this topic, I am keeping an open mind.  I want to hear from you.  Please send me your thoughts on this topic by sending an e-mail to William.Frank@house.state.md.us or calling my office at 410-841-3793.

Legislative Pensions.  I have been very frustrated by the fact that the House Speaker and the Chairman of the Appropriations Committee have not even scheduled a committee hearing on my two proposals to scale back the over-generous legislative pension plan, despite my repeated cajoling.  In fact, I introduced the bills 39 days ago, and as of today, no hearing has been set.  I just sent the Speaker and Chairman a strong letter, and I want some answers.  It is highly unusual for a bill to be introduced well before the designated deadline and not have a public hearing.  What are they afraid of?  This is a very important issue that needs to be addressed. I will keep pressing forward, and I will keep you posted.


Sincerely,



Delegate William J. Frank

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