This legislative update was prepared for the Frederick County Chamber of Commerce by the Greenwill Consulting Group, your lobbyists in Annapolis. We'll continue to send an easy-to-read email summary of important issues every week until the session ends in April.
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In this issue:
   
Weekly Review
The 2012 session of the Maryland General Assembly began on Wednesday, January 11. To date, a total of 63 House bills and 59 Senate bills have been filed. In total, the General Assembly will consider about 2,500 bills during the session.
The buzz early on, as it has been for the past several years, continues to be about the State budget. Yesterday, Governor O’Malley introduced the operating budget for fiscal year 2013. The General Assembly may not add to the Governor’s proposal and can only make cuts.
Maryland continues to have what is called a structural deficit, meaning that it is spending more than it is taking in in revenues. Mandated increases in education and health care continue to drive costs up. It is clear that Annapolis leadership will look for “revenue enhancements” in addition to budget cuts in order to comply with the constitutional requirement of a balanced budget.
One commentator describes this year, nearly three years from the next general election, as the “ideal time” to raise taxes. Some of the possible increases include:
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Raise the sales tax from 6% to 7%. Governor O’Malley floated a trial balloon on this last Wednesday. Coming less than five years after the last increase, reaction from the General Assembly ranged from tepid to frigid;
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Increase the gas tax to fund transportation infrastructure. This has support from the business community and support of the legislative leadership, but is opposed by many rural legislators. Will any increase also include a provision prohibiting use of the Transportation Trust Fund for other uses besides transportation?
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Increase the Chesapeake Bay Restoration fund to pay for federally mandated clean-up of the State’s waterways. Otherwise known as the “flush tax” residential users currently pay $2.50 per month ($30 annually) on water and sewer bills with the money going into this fund;
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Increase the income tax on high wage earners. A so-called “millionaire’s tax” was enacted in 2008 but allowed to expire in 2009. This will be popular with unions and advocates for the poor but will be strongly opposed by the business community;
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Increase the State property tax. Actions by the General Assembly regarding bonding may require the Board of Public Works to raise this tax after the end of session. Raising this tax does not require General Assembly approval.
Advocates of expanded gambling will argue that this is one way to help increase State funding. Senate Bill 26 will allow table games (e.g., card games, roulette, craps) at the current video lottery terminal facilities. In addition, Senate President Miller has been a strong advocate of allowing a casino in Prince George’s County. Both of these proposals would require approval by voters in a 2012 election referendum, so neither is a solution for the 2013 budget.
The only other action of significance last week was that the Governor introduced his legislative redistricting plan for the General Assembly. Redistricting is a constitutional requirement and done every 10 years following release of the latest census.
Last fall, despite strong opposition from Republicans and some minority groups, the General Assembly passed legislation to redraw 8 Congressional districts. The joint resolution, introduced last Wednesday to redraw the lines for the 47 General Assembly districts, will automatically become law 45 days after introduction (February 24) without any action by the General Assembly unless the General Assembly rejects or amends the plan within that time period.
Although there probably will be legislative hearings on the proposal, it is extremely unlikely that there will be any changes. Whether there are any court challenges remains to be seen. Here’s a link to the latest map and additional information.
For the coming week, expect to read a lot about the Governor’s budget. Legislators will continue to introduce bills at a slow rate. Committees will be meeting to conduct briefings on issues as well as begin to hear bills.
Delegation Meeting
The meeting was called to order by Delegation Chairman David Brinkley. Following the introduction of Delegation members and visitor attendees, the business session began.
The major business of the session was presentation of the 2012 legislative agenda of the Frederick Board of County Commissioners. Commissioner Blaine Young, the president of the board, presented 12 legislative priorities of the Board of County Commissioners. A brief description of those initiatives follows, with detailed information on the Frederick County Government website.
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Increase or establish inmate fees to help offset the cost of incarceration. The proposed legislature would raise medical co-pays, establish a per diem fee, and an administrative fee for inmates participating in the GED program. Delegation Action: Favorable vote to strike the incarceration fee and possibly the GED participation fee and resubmit last year’s bill.
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Gaming. Commissioners request legislature to regulate number of permits to conduct a raffle that an organization may receive in a year. Delegation Action: Favorable vote to move forward.
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Video Lottery Terminals (Slots) for Local Charitable Organizations. Proposal for an amendment to the state gaming legislation allowing Frederick County to permit video lottery terminals for local charitable organizations. Delegation Action: Held for future consideration.
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Tax Credit for Job Creation in Small Businesses. Proposed legislation calls for a 6-year tax credit for businesses that increase their space and/or add employees. Delegation Action: Favorable vote to move forward.
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Increase in Frederick County Auctioneer Fees. Proposed legislature increasing the amount of auctioneer fees the Frederick County Finance Division may recover from tax sales. The fee would be equal to but not exceed the actual cost for each property sold. Delegation Action: Held for future consideration.
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Increase in County Bonding Authority. Requesting an additional $100 million in bond authority earmarked for the 6-year Capital Improvements Program for FY12 – FY17. Delegation Action: Held for future consideration.
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Authorization for Expanded Appropriation Authority. Legislation would allow expanded and more flexible use of the reserved/designated fund balance or the 5% contingency fund as a source of monies for the current year’s supplemental appropriations. Delegation Action: Held for future consideration.
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Terminology & Technical Changes for Frederick County Fund Balance. Proposes to bring fund balance terms used in the Maryland Code and Public Local Laws for Frederick County into accord with terminology recently released by the Governmental Accounting Standards Board. Delegation Action: Held for future consideration.
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Amending “On-Duty” Definition for Fire Police and “Average Weekly Wage” Definition for Volunteer Emergency Responders. For “On-Duty” definition, proposes to addresses the ambiguity of coverage for fire police when action on behalf of a sheriff or municipal law enforcement agency. For “Average Weekly Wage” definition, proposes to exclude stipends paid to volunteer personnel in calculation of their average weekly wage. Delegation Action: Favorable vote to move forward.
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Modification of State Ethics Law. Proposed legislation would amend the current post-employment restrictions for all former County Commissioners, County officials, and County employees to one year after county employment ends. Delegation Action: Held pending a legal opinion from the State Attorney General.
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Amend state law to make State Constitution applicable to Congressional Redistricting. Proposed legislation to codify language in the Maryland Constitution that addresses district population and configuration to be applicable to the districts for members of the United States Congress. Delegation Action: Held for future consideration.
Other Business:
Senator Young discussed several other legislative initiatives that he is planning to advance, including:
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Allowing restaurants and bars to remove chairs and tables up to 4 times a year to accommodate overflow customers on special occasions (such as St. Patrick’s Day, Independence Day, Super Bowl)
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Facilitating county-wide early voting by allowing the Board of Elections to establish three centers, and
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Amending the statute that prohibits spouses of Board of Education employees from running for any Board office.
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CONTACT YOUR LEGISLATORS
District 3
Senator Ronald N. Young
(D, District 3)
Email
James Senate Office Bldg, Rm 316
11 Bladen St., Annapolis, MD 21401
1-800-492-7122, ext. 3575
fax: 301-858-3193
Delegate Galen R. Clagett
(D, District 3A)
Email
House Office Bldg, Rm 405
6 Bladen St., Annapolis, MD 21401
1-800-492-7122, ext. 3436
fax: 301-858-3412
Delegate Patrick N. Hogan
(R, District 3A)
Email
House Office Bldg, Rm 324
6 Bladen St., Annapolis, MD 21401
1-800-492-7122, ext. 3240
fax: 301-858-3028
Delegate Michael J. Hough
(R, District 3B)
Email
House Office Bldg, Rm 320
6 Bladen St., Annapolis, MD 21401
1-800-492-7122, ext. 3472
fax: 301-858-3308
District 4
Senator David R. Brinkley
(R, District 4)
Email
James Senate Office Bldg, Rm 420
11 Bladen St., Annapolis, MD 21401
1-800-492-7122, ext. 3704
fax: 301-858-3713
Delegate Kathy L. Afzali
(R, District 4A)
Email
House Office Bldg, Rm 319
6 Bladen St., Annapolis, MD 21401
1-800-492-7122, ext. 3288
fax: 301-858-3184
Delegate Kelly M. Schulz
(R, District 4A)
Email
House Office Bldg, Rm 324
6 Bladen St., Annapolis, MD 21401
1-800-492-7122, ext. 3080
fax: 301-858-3028
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Delegate Donald B. Elliott
(R, District 4B)
Email
House Office Bldg, Rm 311
6 Bladen St., Annapolis, MD 21401
1-800-492-7122, ext. 3118
fax: 301-858-3349
RESOURCES & INFO
Download a copy of the Chamber's 2011-2012 Legislative Priorities document (2-page PDF)
Maryland General Assembly: The official site for our State legislature. Includes an index of bills and contact information for all Senators and Delegates.
Frederick County Government: Legislative Affairs
Chamber Action Network: The Maryland Chamber's grassroots advocacy web site.
Upcoming Chamber Events: Connect with fellow members at upcoming networking, eduction, and advocacy events. More than 100 events in 2012!
publicpolicy@frederickchamber.org: Send us an email with your feedback regarding public policy and advocacy programs.
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