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April 15, 2010
Dear Constituents:
This is part one of our wrap-up newsletter. Part two will be sent to you next week.
The 2010 Maryland General Assembly has now ended, and I wanted to report to you the many bills that were passed, as well as those that were defeated. I’ve also indicated how I voted on each piece of legislation.
Fiscal Year 2011 Operating Budget – As we entered the session in January, the State’s operating budget had a deficit exceeding $1.2 billion. The national recession, coupled with over-spending by State government, created this bleak situation. Of the approx. 3,500 bills introduced in this year’s session, the only one that must be passed is the State budget. In Maryland, we have a strong executive form of government in which the Governor wields enormous power over budget priorities. As I’ve pointed out many times, the state legislature can only cut from the Governor’s budget and we’re also prohibited from moving funds among various State agencies.
In the end, we passed a budget that, by law, must be balanced. But in doing so, we put off until after the election many difficult and festering problems. We raided dozens upon dozens of special funds, including the Transportation Trust Fund and the Board of Nursing Fund – just to name two – moving monies into the general fund to paper over our deficits. In one extraordinary move, funds were swiped from the Helicopter Replacement Fund, and then we raised fees to cover up the “shortfall.” The entire exercise was an unfortunate case of “kicking the can down the road.”
In addition, the budget is heavily dependent upon the infusion of bailout money from the federal government. Of course, within a year or two, these funds will disappear but the State programs will continue. The likely result is a tax increase of historic proportions – after the election. Also, for the third consecutive year, State employees have been forced to take furlough days.
The House Republican Caucus presented a serious and responsible spending plan that cut $830 million from the FY 2011, and by higher amounts in subsequent years. This budget amendment was not adopted, but if it had been, it would have closed the door on tax increases next year. I voted for this amendment and against the adoption of the overall budget because I believe it will inevitably lead to higher taxes. This would be a colossal mistake at a time when the economy is still fragile.
Sex Offenders Legislation – Spurred into action by the tragic murder of Sarah Foxwell, an 11-year old Eastern Shore youngster, allegedly by convicted sex offender Thomas Leggs, the General Assembly considered more than 30 bills to address this important public safety issue. Bills to increase mandatory minimum sentences, reduce or eliminate so-called good time credit for sex offenders in prison, increase reporting and notification requirements on the State’s sex offender registry, and re-activate the Sex Offender Advisory Board were also passed into law.
The most notable bill was HB 254, which is an enhancement to Jessica’s Law, providing for a mandatory minimum of 15 years to life imprisonment for the second degree rape of a child under age 13. In addition, the convicted sex offender would not be eligible for parole, and would receive no reduced sentence for good behavior in prison. Of course, I voted in favor of all of these long-overdue enhancements to our criminal statutes. It is gratifying to see the General Assembly work in a bipartisan manner to pass these bills.
SB 411 – Civil Immunity for Persons Defending Dwellings -- Unfortunately, my proposal, HB 207, the “Castle Doctrine,” which passed the House of Delegates 136-1, was never heard in the Senate Judicial Proceedings Committee. However, SB 411, a similar version of the Castle Doctrine, was passed in both chambers. SB 411 provides that a person is not liable for damages for personal injury or death of an individual who enters the person’s dwelling or place of business, if the person believes that force or deadly force is necessary to repel an attack by the individual and the amount and nature of the force is reasonable under the circumstances. Although HB 207 was a stronger bill with stronger statutory language, SB 411 is sufficient and is a positive step toward protecting the right of Marylander homeowners to defend their lives, liberty and property. I voted for SB 411 and consider this a legislative victory. In the end, it doesn’t matter if your bill passes or fails, as long as the policy is enacted.
Legislative Pension Plan – I took on a sacred cow of the General Assembly, and I have the scars to prove it. I had the eminently reasonable thought of trying to rein in the over-generous legislative pension plan, which allows elected officials to retire after twenty years at two-thirds of their salary adjusted for inflation. At every juncture, my two proposals were met with determined opposition from the entrenched leadership. The worst example of their opposition was having to wait 48 days to testify at a hearing on my two proposals. I introduced my bills, HJ 11 and HJ 12 on February 18th and it took until April 7th for a hearing to be scheduled – 48 days!
I was told by a top aide of Speaker Busch that the House Appropriations Committee was too busy holding hearings on the budget to consider my proposals. I checked the hearing schedule of the Committee from Feb 18th through April 7th, and the Committee heard more than 430 bills during that time! This is why people get fed up with politics.
Cell Phone Ban while driving – In my most recent newsletter, I asked for input and feedback, and I received quite a few responses on both sides of the issue. In the end, I voted for the bill even though I’m not entirely certain how effectively it can ever be enforced. The whole issue of distracted driving encompasses much more than talking on a cell phone.
I do believe it is important, however, for society to make a statement through law that driving and talking on a hand-held phone is not a great idea, and should not be allowed. Keep in mind, a motorist can still talk on a hands-free phone without penalty. In addition, talking on a hand-held phone is a secondary offense – meaning that the officer must pull you over for some other reason like speeding or having a non-functioning tail light. The fine is $40 for an offense.
We’ve all seen near-misses, and in some cases accidents, from people on our roads who are driving while talking on their cell phone. I’m sure the sellers of hands-free devices will see a spike in business as the new law takes effect on October 1, 2010.
Ignition Interlock – DUI -- The debate over drunken driving regulations and punishments garnered a great deal of attention during the session. Advocates for tougher drunken driving laws say the roads will become safer if first-time DUI offenders are required to install a breathalyzer ignition device in their car. A bipartisan coalition advocated for the tougher law, but in the end, Chairman Vallario of the House Judiciary Committee would not allow the bill to come up for a vote. I strongly supported the bill’s original language requiring an interlock device to be installed on the first offense. The Senate passed the bill in amended form excluding the requirement for those given Probation Before Judgment (PBJ). In the end, Chairman Vallario supported a further weakening of the bill which would have rendered the bill almost completely ineffective.
BOAST tax credit – I was very disappointed that the BOAST tax credit was not approved. The State Senate approved this tax credit for nonpublic and public schools by a 30-17 vote in mid-March, but once again, the bill was defeated in the House Ways and Means Committee. BOAST (Building Opportunities for All Students and Teachers) is a 75% tax credit that businesses can take when they fund scholarship programs for various nonpublic and public school programs.
With the announced closure of 13 Catholic schools in the Archdiocese of Baltimore, a program like BOAST is needed more than ever. A simple fact: if all the nonpublic schools in Maryland closed tomorrow and those students were absorbed into the public schools, the price tag would be $1.5 billion. A tax credit costing the State a small fraction of that in lost revenues is a small price to pay to keep a key component of our educational system alive.
I was disappointed in the misinformation campaign waged by the public school teachers union, and by the lackluster effort lent to the campaign by Governor O’Malley who wrote a perfunctory letter of support but did little else to advocate for it.
Sincerely,
Delegate Bill Frank
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