April 28, 2008
Dear Friends: Last month nearing the end of the 2008 Session, the Maryland General Assembly commemorated Martin Luther King Day as is our custom. This year, in particular, it seemed to be most somber to me in view of the fact that although he and other important leaders called for wisdom and justice toward those who suffer within our country, we still have poverty, disparity in quality of life, homelessness, discrimination, strife here and, most stressful, are involved in a war where almost every day we hear of our citizens being wounded or killed. It was mentioned that day that now we could have an amazing future ahead if we can do the right thing, if we can unite and actually have peace and a better life for all. It was stated that day: just imagine, a woman or an African American could actually be our next president. We could actually realize change, improvement and a new day. As Robert Kennedy said in his statement before a black church the night in Indianapolis when he announced the terrible news of King's death …"It is well to ask what kind of a nation we are and what direction we want to move in…" Furthermore, he stated that we have to make an effort in the United States, to get beyond or go beyond these difficult times. I would hope that this impending election will enable us to go beyond our difficult times and find peace and prosperity for all the people in our State. We must show respect for differences in our state…differences informed by race, ethnicity, sexual orientation, and immigration status. I implore you to vote for whomever you consider to be the best person. By doing so, we can make that difference. Sine Die (End of the Session) occurred the following week on April 7th at midnight. The following is a description of a number of the most important measures debated and finally agreed upon. BUDGET The House and the Senate came to an agreement on the $31.2 billion budget. However, to balance the budget, the Assembly cut $300 million from the Governor's plan. They voted to delay funding for the Chesapeake Bay cleanup cutting back to $25 million; they cut $32 million from the ICC development plan; cut stem cell research by $18 million, Medicaid by $40 million in State and federal funds. Other reductions included $3.1 million for aid to Non-Public Institutions of Higher Education; and a reduction of $10 million to the Maryland Economic Development Assistance Authority and Fund. We are hopeful that as the economy improves, funding can be restored. CAPITAL BUDGET ALLOCATIONS $1.5 billion was approved for the capital budget including $331 million for public school construction. There is $321 million for college and university facilities, $79 million for prisons and other public safety projects and $474 million for environmental initiatives. The $l.5 billion would be funded by $935 million in general revenue bonds and $151 million in revenue bonds with the balance being paid for with operating funds. The supplemental budget includes; $10 million for fiscal 2008 for the "Heritage Structure Rehabilitation Tax Credit"; $7 million for Uncompensated Care Fund; $7.7 million for electricity rate assistance for low-income residents; $58.2 million for medical assistance; $97.2 million for state universities and colleges; $7.2 million for low-income housing; and $1.4 million to the State Police for the collection of DNA evidence on arrest. (I have attached a description of the funds allocated to Montgomery County.) COURTS AND CIVIL PROCEEDINGS The DNA bill expands the collection of DNA samples to include persons charged with a crime of violence; attempting to commit a crime of violence; first, second, or third degree burglary; or attempting to commit such a crime. The bill prohibits a sample to be tested or placed in the statewide DNA database system prior to the person's arraignment and adds automatic expungement provisions. A proposal to establish a Maryland Commission on Capital Punishment passed. The commission must make recommendations on the fair and accurate application and administration of capital punishment and compare costs associated with death sentences as opposed to sentences of life imprisonment without parole. REAL PROPERTY, ESTATES AND TRUSTS Laws are changed governing recordation and foreclosure of mortgages and deeds of trust. The bills alter the requirement for recordation, notice, service of process, court filing, and cure of defaults. Provisions include lengthening the foreclosure process and providing homeowners with more time and notice before a foreclosure sale and codifying the right to cure, which allows homeowners to stop foreclosure by paying what is owed up until one business day before the sale; another law creates a comprehensive mortgage fraud statute with criminal penalties. EDUCATION The Bridge to Excellence Thornton formula remains intact. The budget includes funding for the Geographic Cost of Education Index which is a formula that reflects the regional differences in the cost of education that are outside the control of local jurisdictions. Funding for the GCEI formula was not provided in fiscal 2007 budget but is provided for in the fiscal year 2009 budget in the amount of $76 million for the first phase-in. Montgomery County schools would realize an additional $18.4 million in 2009 and then be fully funded at $30 million in 2010. HEALTH ISSUES The General Assembly passed the Domestic Partnerships – Health Care Facility Visitation and Medical Decisions Bill which defines domestic partnerships and confers rights regarding health care facility visitation and medical decisions. The Maryland Veterans Behavioral Health bill established behavioral health service coordination among the Department of Health & Mental Hygiene, Department of Veterans Affairs, the Maryland Department of Veterans Affairs, Maryland's National Guard and Defense Force for veterans of the Afghanistan or Iraq conflicts to ensure that upon returning from active service have the support, opportunities and services necessary to facilitate their smooth transition from military to civilian life. Maryland has over 10,000 veterans of the conflicts aforementioned with 5,000 more projected to return by the end of 2008. Estimates are that more than half of these veterans return from combat zones with behavorial health problems. TAXES The Budget Financial Act was revised to repeal the sales and use tax on computer services that had been imposed in the 2007 Special Session. The Act creates an income tax surcharge on taxpayers with net taxable income in excess of $1 million. The bill also redistributes sales and use tax revenues from the Transportation Trust Fund to the general fund and requires the Governor to reduce at least $50 million in ongoing general fund expenditures from the fiscal 2009 State budget. CONSTELLATION ENERGY LEGISLATION Under the terms of this bill, the settlement between the State and Constellation Energy ends the lawsuits that the state and Constellation had filed. Under the settlement, the central Maryland customers of Constellation subsidiary BGE will receive $187 million in a one-time rate rebate on their electricity bills by the end of the year, which is about $170 for each of BGE's 1.1 million customers. It also includes $346 million in energy credits. The deal eliminates customer obligations to pay $1.5 billion in future costs for dismantling nuclear power plants in southern Maryland and puts plans back on track for Constellation to consider Maryland a priority location for a new nuclear power plant. ENVIRONMENTAL CONCERNS The General Assembly considered and passed a number of bills to protect the Chesapeake Bay and Atlantic coastal bays including a bill to rename the Chesapeake Bay 2010 Trust Fund to the Chesapeake & Atlantic Coastal Bays 2010 Trust Fund and provide financial assistance for the implementation of stormwater management practices and stream and wetland restoration. In consideration of the need to increase the use of alternative forms of energy, another bill increases the portfolio standard percentage requirements and the fee charged to electric suppliers for shortfalls beginning in 2011. There is also a bill that creates a Maryland Strategic Energy Investment Program to invest in the promotion, development and implementation of energy efficiency and conservation program; renewable and clean energy resources and climate change research. Another law was passed to require most buildings constructed or renovated with state funds to meet environmental standards, including new schools. VOTER-VERIFIABLE PAPER RECORDS The necessity to verify votes cast on electronic voting machines through the use of paper records continued to cause debate throughout Maryland and the country. In response to these debates, from 2004 to 2006, a number of legislative proposals were considered to address concerns about Maryland’s direct recording electronic voting machines. None of these were successful until finally in 2007, Delegate Hixson filed HB 18 to provide voter-verifiable paper records beginning January 1, 2010. The law passed contingent upon sufficient funding being provided in the State budget not later than fiscal 2009. The bill (including the Senate cross-filed bill) also specified various requirements a voting system must meet with respect to access for voters with disabilities. We are pleased to report that the fiscal 2009 budget includes funding to implement the new voting system as approved by the Maryland General Assembly. PERSONAL BILLS I filed a number of bills that passed as listed:
And a number of bills that failed for the most part due to fiscal restraints including the creation of an increased funding formula for adult literacy programs; a bill that would provide tax credits for physicians and dentists who provide pro bono health care for low-income and homeless individuals. I am hopeful that when the economy improves, these proposals will become law. I was also a sponsor of a bill that would have allowed marriage between any two people and a bill that would have established domestic partnerships with the same benefits as marriage, both of which failed. I feel certain that these bills will be filed again and again until there is final passage. I thank you all for writing, calling and visiting Annapolis. As you may imagine, there were many hundreds of e-mails and letters. We tried to respond to most. Hopefully, we answered your questions and addressed your concerns. As always I thank you for allowing me to serve you as District 20 delegate.
Sincerely,
Sheila E. Hixson Delegate, District 20
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