Monday, February 7, 2011

Senator Colburn Reports from Annapolis- The State of State

On Thursday, February 3, at noon, Governor Martin O’Malley delivered his fifth State of the State address. The Governor’s message was upbeat. As with past Governors in economic down times, he has to try to rally the State. His mission for the coming year is to carry out President Obama’s national agenda in Maryland and to work to create job growth in ways that will boost the number of Maryland jobs in renewable energy, cybersecurity, and other high-tech sectors. The Governor began his speech talking about how the people of Maryland will be able to move forward into a new economy by the use of their skills and talents. I believe that even with the poor shape that the State is presently in, what Maryland’s government needs to do is create and retain jobs by making the state more business friendly.



The theme of the Governor’s message was “moving forward through innovation”. The Governor stated that one way to address the deficit would be to streamline government. He made the comment, “We need to get government out of the way.” He pledged to cut beaurocratic red tape, while addressing the $1.4 billion deficit. He plans to combine the departments of Higher Education and the Department of Education. I also believe in streamlining government and have introduced a bill, Senate Bill 153 that would combine the Department of the Environment and the Department of Natural Resources. You do not have to be that innovative a thinker to realize that there is much redundancy and unnecessary time consumed in the current permitting processes of these two departments that could be eliminated with just one department. This merger would in the long run save the taxpayer and state government an astronomical amount of money.



Other areas discussed by the Governor are:

■The need to improve public safety, education, and economic growth
■Ways to build the recovery from the economic downturn
■Continue to promote policies that encourage business expansion, job creation, and economic progress.
■Empower businesses owned by veterans
■Reregulate electric companies and hold them responsible for reliable service
■Installation of offshore wind for power
Two items of particular interest for the rural Eastern Shore are:

■The Governor wants to save the native oyster through aquaculture, thus, taking it out of the Department of Agriculture and putting it into the Department of Natural Resources. I do not think this will work.
■The Governor also stated that he wants to stop “the proliferation of new septic tanks”. I believe that banning septic tanks would be very detrimental to future development of the Eastern Shore, since wastewater treatment plants are not available in many of the rural areas of the Eastern Shore.” With 95% of the Chesapeake Bay’s nitrogen coming from the Susquehanna, Potomac, and Rappahannock rivers, all six states and Washington D.C. in the Bay’s watershed must be involved in any clean-up efforts. We must not vilify rural areas like the Eastern Shore, farmers, and watermen, but instead, formulate a comprehensive plan that includes a sustainable oyster population, the Chesapeake Bay’s natural filter.




Thursday, February 10, commemorates the 30th day of Session, which means that one-third of the Session is over. So far, about 400 Senate bills have been introduced and 400 House bills. The following bills that I have sponsored will be heard next week:



On Tuesday, February 8, at 1:00, the Senate Education, Health, and Environmental Affairs Committee will hear Senate Bill 153 (Reorganization of State Government – Consolidating the Department of the Environment into the Department of Natural Resources). Like the proposal of the Federal Government to reorganize, the State of Maryland must also look at the effectiveness of its programs, especially those that serve the public sector. Reorganization projects can be complex and controversial. The biggest problems are not so much the structure of individual agencies, but the coordination among them. When two agencies are duplicating efforts, regulating the same areas, and complicating the regulations that the public must adhere to, then it is appropriate to take action. My bill calls for the Secretary of Natural Resources and the Secretary of the Environment to develop and submit to the Legislative Policy Committee a comprehensive and practical plan for the consolidation of all powers, duties, functions, and staff of the two departments. This plan would provide for the elimination or modification of duplicative programs and services – the result being a better coordination of natural resources activities within the State and budget reduction. One department working to oversee the policies and programs affecting our state’s environment and natural resources will insure the preservation, development, wise use, and enjoyment of all the natural resources for the greatest benefits to the State of Maryland and its citizens. I plan to amend the bill to rename the department, the Department of Environmental Resources.



On Wednesday, February 9, at 1:00, the Senate Budget and Taxation Committee will here Senate Bill 157 (Code Home Rule Counties – Development Excise Tax for School Construction – Applicability). This bill would clarify that the development excise tax that a code home rule county is authorized to impose applies to new residential units including apartments and condominiums. The development excise tax is imposed on a multifamily residential project when the building permit is issued for the residential units. This bill would codify the original intent of the Caroline County Excise Tax law. Caroline County Commissioners recommend that a section be amended to provide that the time the tax is levied on multi-family building projects be at the time a building permit is issued for the residential units. Conversions of single family properties to multi-unit properties would pay the tax only on the additional units created.



On Wednesday, February 9, at 1:00, the Senate Finance Committee will hear Senate Bill 154 (Health Insurance Ambulance Service Providers – Assignment of Benefits). This bill would require health insurers, nonprofit health service plans, and health maintenance organizations to reimburse an ambulance service provider directly for services. Currently, an ambulance service provider is not always entitled to direct reimbursement. It remedies problems created when carriers send payments to patients for covered ambulance services that have been provided by the ambulance service, but patients fail to forward those payments to the ambulance service that provided the care.



On Thursday, February 10, at 1:00, the Senate Education, Health, and Environmental Affairs (EHEA) Committee will hear Senate Bill 21 (Election Law – Delay in Replacement of Voting Systems). This bill would alter the date for replacing the State’s direct-responding electronic (DRE) touchscreen voting system with a voter-verifiable paper record voting system. It would require the State to continue using the touchscreen voting system for elections until payments for the touchscreen voting system are concluded or until another date.



The Senate Education, Health, and Environmental Affairs Committee will also hear Senate Bill 155 (Legislative Districting – Resident Delegates by County). This is a bill that I am sponsoring and it is being co-sponsored by Senator E.J. Pipkin (R. Upper Shore). If passed by the Maryland General Assembly and approved by Maryland voters, this bill would amend the Maryland Constitution to provide that legislative districting shall, to the greatest extent practical, result in a resident delegate from every county. It would require that every 10 years when legislative districts are redrawn following a U.S. Census, lines are drawn in such a way as to ensure that each of the state’s 23 counties has at least one resident delegate.



The EHEA Committee will also hear Senate Bill 156 (Legislative Districting – Resident Delegate for Each County) would require an advisory committee established by the Governor after a decennial census to formulate a legislative districting plan for the election of members of the General Assembly that to the greatest extent practical draws the lines for the districts so that each county in the State has at least one resident delegate.

.

Senator Colburn Reports from Annapolis- The Budget Bill

On Friday, January 21, the 10th day of Session, Governor O’Malley introduced the Budget Bill for fiscal 2012. The constitution requires the Governor to present a budget that is balanced. Some of the highlights of Governor O’Malley’s budget proposal are:

■No proposed furloughs for the State’s 79,000 workers. State government will still close for five days, but employees will be paid for those days. This will provide an energy cost savings for those buildings.
■A plan to shore up the pension system by increasing employee contributions
■Raises the retirement age for new hires
■A 5% across-the-board cut to education is NOT being proposed. Keeping education dollars at current levels would save nearly $100 million.
■Does NOT shift the cost of the teacher pension system to the counties
■Cuts about $250 million in state Medicaid payments to hospitals
■Cuts $60 million from state aid to counties
■Save $40 million through buyouts of 1,000+ state workers. The buyouts have nearly 14,000 applicants.
■A savings of $100 million through an overhaul of the pension system for public employees
The Governor has already dealt with about $250 million of the shortfall by making some midyear spending cuts. Other areas of reduced spending or transfer of funds would be: About $60 million that was to be used for the proposed light rail lines in Baltimore and the suburbs of Washington D.C. will be taken from the Transportation Trust Fund. Some Democratic legislators and county executives are pushing an increase in the state’s 23.5 cents per gallon tax to replenish the Transportation Trust Fund which has been continually raided by Governors (past and present) to balance the General Budget. Approximately $20 million would be moved from the Chesapeake Bay Trust Fund.

A new union contract calls for a $750 bonus for state workers on July 1, 2011, and wage increases the next two years. Employees however would pay more for prescription drugs.



Items of Interest to District 37 Contained in the Governor’s Capital Budget



COUNTY PROJECT AMOUNT

Caroline Denton Wastewater Treatment Plant $5,031 M

Hobbs Road Landfill Closure $3,538 M

Dorchester Cambridge Wastewater Treatment Plant $9,339 M

Talbot Hyde Park Sewer Extension $2,046 M

Community Center Sewer Extension $1,993 M

Talbot Trailer Park Sewer Extension $1,483 M

Tilghman Wastewater Treatment

Renewable Energy Project $600 K



Wicomico Brewington Branch Stormwater

Management Improvements $233 K



Fruitland Wastewater Treatment

Plant Improvements $1,767 M



Salisbury Waverly Drive Stormwater

Management Project $968 K



Sharptown Wastewater Treatment

Plant New Pump Station $555 K”





I have recently introduced several bills – some of which will be heard next week:



On Thursday, February 3, at 1:00, the Senate Education, Health, and Environmental Affairs Committee will hear Senate Bill 20 (Health Occupations – Facilities for Dental Radiology). This bill would authorize a licensed dentist to own and operate a facility for dental radiology.



I have several bond bills that will be introduced next week:



Senate Bill 153 (Reorganization of State Government – Consolidating the Department of the Environment into the Department of Natural Resources) would restructure State government by consolidating the Department of the Environment into the Department of Natural Resources where it originated. It would abolish the Department of the Environment by June 30, 2010, and it would thereby, abolish the positions of Secretary of the Environment and Deputy Secretary of the Environment by July 1, 2012, and transfer all of the functions, powers, duties, equipment, assets, and liabilities of the Department of the Environment to the Department of Natural Resources. I am putting in an amendment which would rename the department, the Department of Environmental Resources.



Senate Bill 154 is a bill that I am sponsoring and it is being co-sponsored by Senator Glassman (R. Harford Co.), (Health Insurance – Ambulance Service Providers – Assignment of Benefits) would require health insurers, nonprofit health service plans, and health maintenance organizations to reimburse an ambulance service provider directly for services. It also provides that an insured, a subscriber, or an enrollee of specified health insurance carriers may not be liable to certain ambulance service providers for certain services under certain circumstances.



Senate Bill 155(Legislative Districting –Resident Delegates by County) this is a bill that I am sponsoring and it is being co-sponsored by Senator E.J. Pipkin (R. Upper Shore). If passed by the Maryland General Assembly and approved by Maryland voters, this bill would amend the Maryland Constitution to provide that legislative districting shall, to the greatest extend practical, result in a resident delegate from every county. It would require that every 10 years when legislative districts are redrawn following a U.S. Census, lines are drawn in such a way as to ensure that each of the state’s 23 counties has a least one resident delegate. This bill was also heard last Session and several Caroline County commissioners testified on the bill saying that a local delegate would be able to stay on top of issues that directly affect the county, and that current elected delegates are stretched too thin.



Senate Bill 156 (Legislative Districting – Resident Delegate for Each County) would require an advisory committee established by the Governor after a decennial census to formulate a legislative districting plan for the election of members of the General Assembly that to the greatest extent practicable draws the lines for the districts so that each county in the State has at least one resident delegate.



Senate Bill 157 – is a bill that I am sponsoring and is being co-sponsored by Senator Pipkin (R. Upper Shore), (Code Home Rule Counties – Development Excise Tax for School Construction – Applicability) This bill would clarify that the development excise tax that a code home rule county is authorized to impose applies to new residential units including apartments and condominiums. The development excise tax is imposed on a multifamily residential project when the building permit is issued for the residential units. This bill would codify the original intent of the Caroline County Excise Tax law.

.

Senator Colburn reports from Annapolis- The Inauguration

On Wednesday, January 19, 2011, the re-inauguration of Maryland’s Governor Martin O’Malley took place, marking the beginning of Governor O’Malley’s second four-year term. The official swearing-in occurred at 12 noon in the Senate Chambers of the Maryland State House, and the Governor’s inauguration remarks were given at 12:30 on the front steps of the State House. His remarks included a brief commentary on such pressing topics as jobs and the economy. This year, in an effort to scale back due to the recession, Governor O’Malley did not have an inaugural parade, as he had at the beginning of his first term. He also held a less formal ticketed inaugural celebration on Wednesday evening in Baltimore City. Attendees of this celebration were asked to bring a canned or non-perishable food item as a donation for the Maryland Food Bank.



On Friday, January 21st, the newly re-inaugurated Governor O’Malley submitted his 2011 budget to the Maryland General Assembly. Though the budget took into account the State’s $1.6-billion deficit, Governor O’Malley’s budget plan does not raise any taxes. The legislature will review the Governor’s submission and must approve a final budget by April 4th.



January 25th is the date for the deadline for any bill requests and February 4th is the deadline to introduce any bills. I have introduced the following bills:



Senate Bill 18 (Vehicle Laws – Registered Sex Offenders – Drivers’ Licenses and Identification Cards) would require the Department of Public Safety and Correctional Services, within 5 working days after receiving a specified sex offender registration statement, to send a copy of the statement to the Motor Vehicle Administration and require the Administration to place a notation on a driver’s license or identification card issued or reissued to the individual who is the subject of the statement indicating that the individual is registered on the sex offender registry (Tier II and Tier III). Last Session (2010), Eastern Shore legislators worked on a comprehensive sex offender bill that revolved around the sad rape and murder of Sarah Foxwell. The result was the late introduction of a House and a Senate bill. Senate Bill 1065 and House Bill 1413 (Sexual Offenders Omnibus Act of 2010) did not pass. According to Wicomico Sheriff Mike Lewis, a key provision in the Eastern Shore Delegation bill dealt with an identification code on a driver’s license which could only be read by law enforcement officers and would identify convicted Tier II or Tier III sex offenders. Therefore, I successfully amended House Bill 936 to include these drivers’ license provisions. The Senate voted 45 – 1 in favor of the amended House Bill 936. However, the Governor’s office and the House would not accept the amendments. I believe that if we’re serious about cracking down on sex offenders, we need to give our police officers this tool which is why I am again introducing this very important piece of legislation.



Senate Bill 26 (Creation of a State Debt – Dorchester County – Replica Choptank River Lighthouse) would authorize a bond bill in the amount of $300,000 to be used as a grant to the Board of Directors of the Choptank River Lighthouse Society for the development of Choptank River Lighthouse replica in Cambridge. The lighthouse would be used for educational purposes and would increase tourism for Cambridge and Dorchester County.



Senate Bill 19 (Vehicle Laws – Gross Weight Limits – Farm Vehicles and Vehicles Carrying Farm Products) would allow registered farm vehicles or vehicles that are carrying farm products a gross weight limit tolerance for agricultural purposes.



A key issue during the 2011 Session of the Maryland General Assembly will be capital punishment. Since 2006, Maryland has had a de facto moratorium on the death penalty due to the inaction of the Administrative, Executive, and Legislative Review (AELR) Committee in approving the three-drug-cocktail/lethal injection method of execution. The AELR asked the Department of Public Safety and Correctional Services to delay final adoption of the death penalty procedure regulations so that the Committee could conduct a more detailed study of the regulations and issues raised by them well over a year ago. Many legislators have pushed for a revisit of this controversial issue during the current Session. The President of the Senate, Mike Miller, urged the AELR Committee to reinstitute Maryland’s Death Penalty via adoption of the regulations. There is a scheduled AELR Committee hearing on the Department of Public Safety and Correctional Services death penalty regulations for Wednesday, February 16, at 3:00. All indications are that there are enough votes on the AELR Committee to approve those regs.

In the 2009 Session, the Senate and the Maryland House of Delegates approved a bill that would require DNA evidence of guilt if in fact the death penalty is sought. The purpose of the bill was to lessen the possibility of executing an innocent person. The bill, which Governor O’Malley called “a step forward”, would limit the capital cases to those with biological or DNA evidence of guilt. It is likely that legislation will be introduced that will once again utilize fingerprints as evidence for first degree murder.



On Tuesday, January 25, 2011, at 3:45, the Senate Education, Health, and Environmental Affairs Committee will hear Senate Bill 23 (Election Law – Absentee Ballots). The bill would authorize a voter to designate a duly authorized agent to complete the process involved for the voter regarding absentee ballots. It would also prohibit candidates from directly or indirectly collecting a voter’s completed absentee ballot. The bill would correct inconsistencies in how absentee balloting takes place.



On Wednesday, January 26, at 3:15, the Senate Education, Health, and Environmental Affairs Committee will hear Senate Bill 25 (Dorchester County – Land Acquisition – Approval Required). The bill would prohibit the State from acquiring land, of more than 100 acres, for open space purposes in Dorchester County unless the County Council of Dorchester County approves the purchase. Currently the State of Maryland owns approximately 41,637 acres of property in Dorchester County which includes agriculture property, forestland and marshland. The State provides a payment in lieu of taxes for 11,659 of those acres. The county receives no compensation for the remaining 29,978 acres. Since property taxes are approximately 41% of Dorchester’s FY 2011 budgeted general fund revenues, any additional purchase of land by the State in Dorchester County will have a significant impact on future budget years which may result in the reduction or the elimination of programs and services to the public. Prior notification of any proposed State land purchase in excess of 100 acres will give the County Council the opportunity to assess the financial impact of that potential purchase to the County’s budget and to make any adjustments as necessary. This same bill was introduced last year; it passed the Senate (47 – 0), but did not get out of the House.

.

Senator Colburn Reports From Annapolis- The 428th General Session Begins

The 428th Session of the Maryland General Assembly will begin on Wednesday, January 12, 2011 at 12 noon. Even though this will be my 25th regular session, it is not any easier for me to predict the outcome of the upcoming session then it was to predict the outcome of my very first session. This year, predictions will be even more difficult because the Maryland General Assembly has gained many new legislators in both the Senate and the House. Out of 47 total senators, 10 will be new. In the House of Delegates, 36 out of 141 total delegates will be new. As for the Eastern Shore specifically, 1 out of 3 Eastern Shore senators will be new, and 5 out of 10 Eastern Shore delegates will also be new.

This year, I will be on the Senate Budget and Taxation Committee and two of its most important subcommittees - the Public Safety, Transportation, and the Environment and the Capital Budget subcommittee. Other new committees for me include the: Rules Committee, Legislative Policy Committee, and Joint Committee on Access to Mental Health Services. I have been reappointed to the Executive Nominations Committee, Joint Committee on the Chesapeake and Atlantic Coastal Bays Critical Areas Committee, and the Joint Committee on Administrative, Executive, and Legislative Review (AELR).

Out of the 2,500 bills introduced during Session, only one bill has to be passed – the budget bill – and this year we are looking at a $1.6 billion budget deficit. The federal funding that helped bridge budget gaps in the past will end this year. During the 2011 Session, I will focus my efforts on three major budget-related issues. First, I will work towards government reduction, ensuring no increases in the hiring of government employees. Second, I will fight for no tax increases. Governor Martin O’Malley has pledged that there will be no new taxes in his FY 2012 budget, but there will be attempts to increase the so-called millionaires’ tax, as well as the gas, corporate and/or alcohol taxes; I will not support these attempts. I will work to make Maryland more business and tax friendly and to ease the regulatory burden. Third, I will labor for job creation and retention, as 200,000 Marylanders are currently out of work. A true recovery from this recession will only occur when businesses, particularly small businesses, begin to hire new employees. Because agriculture and seafood are the two most important industries on the Eastern Shore, I will continue to be a strong advocate for Shore businesses, particularly these two industries. Additionally, I will continue to labor to preserve the $2.5 billion Delmarva poultry industry, which provides 25,000 jobs for the Delmarva area.

Furthermore, Maryland’s government bureaucracy needs to be streamlined so that the private sector can expand. In past sessions, I have introduced legislation to merge the Maryland Department of the Environment back with the Maryland Department of Natural Resources, so dual permitting is not necessary.

Another pivotal issue concerning the Eastern Shore is the Chesapeake Bay. With 95% of the Chesapeake Bay’s nitrogen coming from the Susquehanna, Potomac, and Rappahannock Rivers, all six states in the Bay’s watershed as well as Washington D.C. must be involved in any clean-up efforts. The farmers and watermen must not be vilified, but instead a comprehensive plan must be formulated that includes a sustainable oyster population, the Chesapeake Bay’s natural filter.

A variety of other issues will also be front-and-center during the 2011 Session. One such issue is pension reform, as Maryland faces $18 billion in unfunded pension liabilities during the next 30 years. In response to this important issue, I have pre-filed a Senate bill on the participation of an optional retirement program for state and participating governmental unit employees. This bill will provide that, on or after July1, 2011, new state employees would not be eligible to join the Employees’ Pension System, the Teachers’ Pension System, the State Police Retirement System, the Correctional Officers’ Retirement System, the Law Enforcement Officers’ Pension System, or the Judges’ Retirement System. Instead, they could participate in a 401K, thus the bill would help protect pension benefits for those state employees already in the state pension systems.

Other spotlighted issues will include slots legislation, the death penalty, the living wage, and gay marriage.



I love the Eastern Shore and am thankful for the opportunity to work hard on its behalf. A steadfast commitment to constituents is the highest form of public service, and I am committed to serving the people of the Eastern Shore. During the 2011 Session, I will continue to represent the 37th District to the best of my ability.



Next week Governor Martin O’Malley will release his FY 2012 budget. Also, the Governor and Lt. Governor Brown will officially be sworn in during an Inaugural celebration on Wednesday, January 19th. The public is invited to the “We Are One Maryland” event which is expected to be a less formal and low-key celebration this year as a result of the lean economic times. Attendees are being asked to bring a canned or nonperishable food item for a donation to the Maryland Food Bank. The traditional parade through downtown Annapolis has been cancelled. Tickets for the evening celebration at the Fifth Regiment Armory in Baltimore are $75 per person and $50 for students.

I have introduced three pre-filed bills:



Senate Bill 2 (Vehicle Laws – Registration and Driver’s License Renewal Fees – No Charge for Recipients of Medal of Honor). The purpose of this bill is to exempt Maryland recipients of the Medal of Honor from being charged a fee to renew the registration of a vehicle owned by the Medal of Honor recipient. This legislation would also exempt the recipient from having to pay a fee for the renewal of a noncommercial driver’s license. Currently six other states exempt Medal of Honor recipients from having to pay a registration renewal fees.



Senate Bill 3 (Dorchester County – Local Government Tort Claims Act – Inclusion of Specified Nonprofit Entity) would alter the definition of a “local government” under the Local Government Tort Claims Act to include a nonprofit corporation in Dorchester County. It would also provide that a notice requirement would not apply to actions against a nonprofit corporation in Dorchester County or its employees.



Senate Bill 6 (Optional Retirement Program – State and Participating Governmental Unit Employees – Participation) states that on/or after July 1, 2011, newly hired State of Maryland employees will not be eligible to join the Employee’s Pension System, the Teachers’ Pension System, the State Police Retirement System, the Correctional Officers’ Retirement System, the Law Enforcement Officers’ Pension System, or the Judges’ Retirement System. They would be eligible to pay into a 401K. Across the country, state employee pension systems are facing severe shortfalls, and these growing liabilities threaten to drive many states deeper into the red. I believe that the underfunding of Maryland’s public pension plan has become the 800 pound gorilla for our state budget. Governments at every level are struggling to fully fund pensions these days. It is unfortunate that an identical bill I introduced last year failed because continued studies of the growing problem do not solve this issue. The debt continues to mount.