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* Updated to explain possible penalties.

"Congratulations Maryland Wine Lovers!" a postcard from the popular California Wine Club gushes. "Due to a recent change in your state law, as of July 1st we can now ship wine to you." 

The advertisements landed in at least a few Baltimore-area mailboxes last week, inviting consumers to "experience California's best small 'mom & pop' wineries from the comfort of home!"

One problem: Taking them up on their offer is a violation of Maryland law. (* See jump.)

The behemoth wine club appears confused about Maryland's new direct-shipping law. Only wineries can apply for a shipping permit. It remains illegal for web- and retail-based wine clubs to ship -- something consumer advocates have vowed to try to change next year.

Several messages left this week for the California Wine Club have not been returned. The Maryland comptroller's office, which issues direct-shipping permits, reiterated recently that only wineries may ship.

Continue reading "California Wine Club wrongly woos Marylanders" »

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Categories: 2011 legislative session
        

*** Updated list. 

Wine shipping becomes legal today, and the prospect of delivering bottles to Maryland homes has prompted at least 30 wineries to sign up for permits.

The number of interested wineries has nearly tripled since last week, when we reported that just 11 had filled out the necessary paperwork. Wine fans predict dozens more will begin shipping by the end of the year.

Comptroller Peter Franchot's office said nearly two dozen of the wineries -- many of them in-state -- have been granted shipping permits. The rest are awaiting approval, which takes about 7-10 business days. (See jump for list of applicants as of Thursday.)

Only wineries -- not retailers -- may apply to ship to Maryland residences. Wine lovers have vowed to lobby the General Assembly next year to extend shipping rights to retailers, which would open up popular wine-of-the-month clubs.

This morning, Franchot heads to Boordy Vineyards in Baltimore County to promote Maryland's new law. Until today, it was a felony punishable by up to five years in prison to have delivered at home. Franchot plans to be among the first to take advantage of wine shipping.

Continue reading "Wine shipping, legal today, entices 30-plus wineries" »

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Categories: 2011 legislative session
        

It's not yet time to pop the champagne in celebration of Maryland's new wine-shipping law.

As noted in Sunday's business section, the law takes effect Friday, but just 11 wineries have applied for a permit. Comptroller Peter Franchot said there's also a "learning curve." He predicted it would "take a while for the wine community to adjust" to direct shipping.

Maryland is home to 50 wineries, and there are about 6,500 across the country.

"People need to get comfortable with the new law once it kicks in," he said. "For decades, the wine industry has seen Maryland as a medieval regulatory state. They slapped their foreheads and wondered what we were thinking."

Wineries must submit an application, pay $200 per year to the state and post a $1,000 bond to ship to residences in Maryland. 

So who's in? List of wineries on the jump.

Continue reading "Wine shipping applications drip in" »

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The first tax increase on alcohol in more than a generation was among more than 200 bills signed into law Thursday by Gov. Martin O’Malley.

Come July 1, the sales tax on alcohol will rise from 6 to 9 percent, a move that legislative analysts say will generate about $85 million per year. Much of the initial revenue is earmarked for education support in Baltimore and Prince George’s County, school construction across the state and developmental disabilities services.

“David truly beat Goliath on this one,” said Aaron Kaufman, who has cerebral palsy and has lobbied lawmakers for years to increase disabilities services funding. Lawmakers promised an extra $15 million next year for such services.

In opening remarks at the bill-signing ceremony, the Democratic governor briefly referenced the tax legislation, calling it “critical funding for health.” He highlighted other measures, saying “the theme today is jobs.”

O’Malley said a $75 million plan called Invest Maryland is “the largest single shot of venture capital in our state’s history.” A bill allowing horse track owners to use up to $12 million in slots revenue over the next two years for racing purses helps an industry of at least 9,000 jobs, he said.

Also receiving the governor’s signature was a controversial bill classifying incinerated trash as a renewable energy source on par with wind and solar.

O’Malley had struggled with whether to sign a measure that was strongly opposed by environmental groups, but ultimately said the state needs many approaches to developing renewable energy.

Maryland League of Conservation Voters officials said in a statement that they are disappointed” in the governor’s decision “and the step backward it represents.

Just before the bill-signing ceremony, O’Malley greeted Leo Bretholz of Pikesville, a Holocaust survivor who urged lawmakers to make a Rockville-based railroad company disclose its involvement in transporting deportees to Nazi death camps during World War II.

O’Malley signed the legislation, saying it protects “the dignity of every individual.”

Continue reading "Alcohol tax, WWII disclosure, more signed into law today" »

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Categories: 2011 legislative session
        

In a little over a month, Marylanders will be digging deeper into their pockets to pay for beer, wine and liquor, after Gov. Martin O'Malley today signs into law the first tax increase on alcohol in at least a generation.

The sales tax on alcohol will rise from 6 to 9 percent July 1, a move expected to generate $85 million in the next fiscal year.

At the final bill signing ceremony following the 2011 legislative session, other high-profile measures are on deck, including a requirement that a railway disclose its past ties to Nazi, a new classification for energy created by burned trash, slots money for the Maryland horse racing industry and the addition of child neglect as a misdemeanor crime.

A list of all bills to be signed today is available here. Most take effect June 1 or Oct. 1.

Continue reading "Alcohol tax among bill signings today" »

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Gov. Martin O'Malley announced today that he will not sign a bill that forces him to act on parole requests for inmates serving life sentences. Maryland does not provide for a "pocket veto," so the legislation still takes effect Oct. 1.

The lifer parole bill requires the governor to respond in writing within 180 days when the Maryland Parole Commission recommends parole for a lifer. If the governor does nothing, the inmate will be released. Under current law, no lifer may leave prison without the governor's signature.

The issue arose, lawmakers said, because O'Malley had failed to act on any of the Parole Commission's recommendations to parole or commute the sentences of 50 lifers during his first four-plus years in office.

As lawmakers debated a bill to remove the governor from the parole process altogether, O'Malley denied commutation requests for seven prisoners. The legislation does not affect commutations.

O'Malley also announced that he has decided to veto four bills, and let two other take effect without his signature. The final bill-signing ceremony after the 2011 legislative session is scheduled for tomorrow morning.

The legislation O'Malley has vetoed are: a proposed change as to who can collect state pensions, a requirement that Frederick County grant a property tax credit to a nonprofit school, an alteration in how Allegany County liquor commissioners are appointed and changes to Circuit Court subpoena procedures.

Continue reading "Lifer parole to take effect without O'Malley signature" »

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In-state tuition rates for illegal immigrants and direct shipping of wine are among the dozens of bills to be signed this morning by Gov. Martin O'Malley.

Early reaction to bill signings after the jump.

In the second bill signing of the spring -- the next is planned for next week -- O'Malley and legislative leaders are to bless some of the session's more controversial proposals. A complete list is available here. The bills typically don't take effect until July 1 or October 1.

Other measures up for signature today include prescription drug monitoring, tighter gun laws and a commission to develop a method to distribute medical marijuana. The marijuana legislation also will enable sick people to be found not guilty if arrested with a small amount of the drug. 

Legislators and local officials, including Baltimore Mayor Stephanie Rawlings-Blake, have gathered in Annapolis for the ceremony, scheduled to begin at 10 a.m. The event will be broadcast over the Internet.

Continue reading "Tuition breaks, wine ship among bills to be signed" »

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Legislation flew through the Maryland Senate and House of Delegates yesterday, the final day of the 2011 session. Think you missed something? Here's a guide to what is to become law, and what is to wait for another legislative session. 

Gov. Martin O'Malley hosts his first of several bill-signing sessions this morning. Most new laws begin October 1, though some launch July 1 and some have a special effective date. 

These bills squeaked through just yesterday:

Alcohol tax: Come July 1, Marylanders will see the tax on beer, wine and spirits rise for the first time in more than a generation. Late Monday, lawmakers signed off on a plan to bump the sales tax on alcohol from 6 percent to 9 percent.

In-state tuition for illegal immigrants: Undocumented students who attend at least three years of high school in the state and whose parents or guardians pay state taxes will be able to attend community college at in-state tuition rates. After earning 60 credit hours, those students could transfer to four-year institutions and continue to pay in-state rates.

Medical marijuana: Maryland will study how to develop and implement a plan to distribute medical marijuana. Meanwhile, sick people found with less than 1 ounce of the drug would be able to argue medical necessity as a defense.

Picketing at funerals: Horrified by a U.S. Supreme Court ruling that upheld the right for protesters to jeer during funerals for war veterans, the state increased a buffer between picketers and funerals from 100 feet to 500 feet.

Horse racing subsidies: The legislature extended a multiyear deal brokered by O'Malley to allow cash-strapped horse tracks to use slots money to keep a full racing calendar. A cut of the nascent slots program was supposed to go to track improvements, but the Maryland Jockey Club argued it needed to use the money to stay open.

Rocky Gap: After failing to attract a developer in the first two rounds of bidding, the legislature sweetened the deal for the prospective operator of the slots casino proposed for Western Maryland. The General Assembly would slash the tax rate on gaming revenues from 67 percent to 50 percent and waive $3 million in fees. But the casino would be limited to 1,000 machines.

Waste to energy: Over objections of some environmentalists, the General Assembly approved incentives for facilities that make energy by burning trash. O’Malley supports the bill, which will make it far easier for the state to achieve its goal of obtaining 20 percent of energy from renewable sources by 2022.

Invest Maryland: The House reduced the size and scope of O'Malley's Invest Maryland capital fund. The state will sell tax credits to make available about $75 million -- down from $100 million -- for venture capital. The state Department of Business and Economic Development would dole out about one-third of that money, less than the 50 percent O'Malley had sought for the state agency. The rest would go to private venture capitalists to invest.

Capital budget: Lawmakers approved $925 million in new borrowing as part of a $3 billion capital budget. Sen. Catherine Pugh unsuccessfully sought to require Baltimore City government to explain how it will pay victims who have been awarded compensation for lead paint poisoning. Conferees believed a last-minute letter from the mayor sufficed.

Continue reading "Done and left undone in 2011 legislative session" »

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Both the Maryland Senate and the House of Delegates agreed on a compromise plan to extend in-state tuition to illegal immigrants, sending the controversial legislation to the governor's desk.

Gov. Martin O'Malley has said he will sign the bill. Cheers erupted from undocumented students sitting in the House galleries when delegates cast their final votes. The bill passed the House on a vote of 74 to 65, a preliminary tally shows.

The House move came about an hour after the Senate passed the compromise 27 to 19.

The measure allows undocumented students who've attended three years of Maryland high school to qualify for discounted tuition at state universities and colleges.

The compromise measure requires male students to sign up for selective service. Also the undocumented students will not count against the requirement that 70 percent of students are Maryland residents. Students will be able to start their higher education in Fall 2011.

The bill also tightens requirements that students or their parents pay taxes: They must show that income taxes were withheld for three years prior to starting. The House-Senate committee removed an amendment added by Del. Luiz Simmons that loosened the tax paying requirement.

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Categories: 2011 legislative session
        

Maryland will study how to develop a medical marijuana distribution system, and decriminalize small amounts of pot for sick people, under legislation now headed to Gov. Martin O'Malley's desk for a promised signature.

The more controversial portion of the two-part bill provides an "affirmative defense" for sick people arrested with 1 ounce or less of marijuana. If the person convinces a judge or jury of a "medical necessity" for the drug, he or she would be found not guilty.

The new law will go a step further that what Maryland already has on the books. Right now, a person showing medical necessity receives a lower sentence -- a $100 citation -- but still has a conviction on his or her criminal record.

Also under the legislation, the state will begin to study of how to develop and implement a medical marijuana distribution system. Fifteen states and the District of Columbia have legalized marijuana for medical use.

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The Senate has ended debate for the year on a bill that would have protected transgendered people from employment, credit and housing discrimination.

"The Senate’s treatment of this legislation will be remembered for a long time by the LGBT community and Marylanders who believe in equal rights for all," Sen. Richard S. Madaleno Jr. wrote in a statement this afternoon. A Montgomery County Democrat and the chamber's only openly gay member, Madaleno vowed to file the legislation again next year.

Del. Joseline Pena-Melnyk, who sponsored the bill, said in an email that she is "greatly disappointed."

"After going through the painstaking process and getting so close to passage of [the bill], the Senate shamefully voted to not even give the bill an up or down vote," the Prince George's County Democrat said. "By this action, the Senate has allowed housing and employment discrimination against a vulnerable community to go unchecked."

A 27-20 vote to send the measure back to a Senate committee capped weeks of fits and starts.

The House of Delegates gave final passage just before the crossover deadline a little over two weeks ago. But in break from protocol, Senate President Thomas V. Mike Miller sent the bill to the Rules Committee, rather than one that directly vets legislation. Rules did end up moving the bill to the Judicial Proceedings Committee, which in turn passed it along to the Senate floor.

Instead of being debated on the floor this morning, Sen. James E. DeGrange, an Anne Arundel County Democrat, asked that it be sent back to Judicial Proceedings. Miller and other Democrats joined 11 of the 12 Senate Republicans in voting to doom the bill. 

Senators were reluctant to debate the controversial issue on the final day of legislative work. Opponents said the legislation might go to far. For example, they said, schools and child care facilities should be exempted so that parents of young children are not forced to contend with questions about gender identity before they are ready to do so. 

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As key Democrats appeared to withdraw support for a plan to provide in-state tuition for illegal immigrants, the upper chamber voted to reject the House's version of the bill. The move, which followed the beginning of a filibuster attempt, means the two chambers have hours to work out their differences.

Senate President Thomas V. Mike Miller, who supports the tuition bills, told senators "it's not fair" that the House took so long to develop a plan. He noted that the Senate initially passed the legislation March 14, and it took the House until today -- Sine Die -- to send it back with revisions. (It actually could have come up during Saturday's Senate session but did not.)

In-state tuition could be the nail-biter of the day, though as colleague Annie Linskey writes, much work also remains to be done on a politically freighted issue of whether to raise the sales tax on alcohol.

Republicans appear ready for a fight on both issues. On tuition, Sen. David Brinkley (pictured right) rose to begin a filibuster when he saw that some Democrats who had voted "yes" on the Senate proposal voted "no" on agreeing to the House version. The Senate first adopted the House version by a vote of 24-23.

Continue reading "Senate rejects House plan on tuition for immigrants" »

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Categories: 2011 legislative session, Immigration
        

Dog lovers could bring their four-legged friends to friendly restaurants with outdoor dining areas under a plan passed today by the Senate and headed to the governor's desk.

The statewide bill permits restaurants with outdoor patios and tables to welcome dogs, starting July 1. Many bars and restaurants have long been looking the other way (as you can see from the Basset Hound pictured left at a popular Annapolis bar).

Dog-owning Gov. Martin O'Malley will sign the bill -- and might well participate, said spokesman Shaun Adamec. The first family has two dogs; their beloved Lady recently passed away, Adamec reports.

Del. Dan Morhaim, who sponsored the legislation, believes it will provide a financial boost for restaurants and bars heading into the outdoor dining season.

Not all senators were panting over the proposal, which gained final passage this morning. Sen. Delores Kelley said people should not be able to bring dogs to eateries, saying people pet them and then touch utensils -- among other nasty habits.

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Categories: 2011 legislative session
        

We've almost made it to the end of another legislative session, dear Maryland Politics readers.

The atmosphere in Annapolis is jubilant, thanks to the sunny weather and impending conclusion of legislative work. But as we barrel toward the midnight confetti drop, it's important to remember that many weighty -- and progressive -- issues remain.

Among them: a 50 percent hike to the sales tax on alcohol, in-state tuition for undocumented students, decriminalizing marijuana for the sick, a transgender discrimination ban and assistance for the cash-strapped horse racing industry. 

Gov. Martin O'Malley has his fingers crossed that the Invest Maryland venture capital legislation makes it to his desk, especially because several of his signature proposals this year have been converted to studies.

The 188 lawmakers are eager to conclude their first chunk of work, though they'll be coming back this fall for a special session on redistricting and more. Lobbyists crowded the State House entry this morning for one last push (pictured: photo by Annie Linskey).

This morning, we examined some of the projected winners and losers for the session, with an eye toward the seemingly conflicting messages the legislature sometimes sends.

Continue reading "Out like a (liberal) lion? Session 2011 ends today" »

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Continue reading "House panel wants a 50 percent hike to alcohol taxes" »

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The House of Delegates on Saturday gave final passage to a plan to decriminalize marijuana possession for the sick.

The bill, which also includes a medical marijuana study component, must be adopted by the Senate (which has already blessed a slightly different bill) before the conclusion of the legislative session Monday night. Gov. Martin O'Malley has said he would sign the proposal into law.

Lawmakers are looking to extend the affirmative defense option as Maryland officials research a plan to develop and implement a system for the prescription and distribution of medical marijuana. Fifteen states and the District of Columbia have legalized marijuana for medical use.

Under the House's affirmative defense proposal, a person arrested for possession of 1 ounce or less of marijuana could present a doctor's note, medical paperwork or the live testimony of a doctor in court as evidence of a medical necessity for the drug. The judge or jury would have to be convinced of the necessity by a preponderance of the evidence in order to find the person not guilty, the House plan states.

Continue reading "House affirms affirmative defense for marijuana" »

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Categories: 2011 legislative session
        

The House of Delegates voted Friday to extend in-state college tuition to illegal immigrants -- the highest hurdle so far for a plan that has already passed the Senate.

(Click here to see how Senators voted; House roll call vote here.)

Delegates engaged in heated debate before approving the legislation by a close vote of 74 to 66. It now returns to the Senate, which has until the Monday night conclusion of session to concur with the House version.

One of the differences in the two chambers' proposals emerged just today, with an amendment to loosen the requirement that an undocumented student show his or her family has paid state taxes.

Del. Luiz R. S. Simmons crafted language to allow a student to convince school officials that relatives have a "serious and substantial reason" they are unable to pay taxes, for instance, because of serious illness.

Simmons, a Montgomery County Democrat, called the amendment "a modest safety valve." Minority Leader Anthony J. O'Donnell said it is more like "a loophole" large enough to accommodate a Greyhound bus.

(pictured: Casa de Maryland director Gustavo Torres embraces Del. Anne Kaiser, the bill floor leader, after the passage of in-state tuition.)

Continue reading "In-state tuition for illegal immigrants moves ahead" »

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Categories: 2011 legislative session, Immigration
        

Baltimore Sen. Cathy Pugh is demanding that the city's housing department develop a plan to pay judgments owed to Baltimore residents poisoned by lead paint in city houses -- and is threatening to hold up about $17 million in funding until the report is finished.

A drafting error in Pugh's amendment held up the vote for now, but several senators, including GOP leader Nancy Jacobs, stood up to support it during a brief debate. The vote is expected in about an hour or so.

Pugh is offering an amendment to the state's capital budget that would stop funds for planning a controversial youth detention center in Baltimore city until the report is issued. There have been rumors flying in Annapolis that Pugh is gunning to challenge Mayor Stephanie Rawlings-Blake and today's move, with its implicit criticism of city government, could be the first step.

Pugh acknowledged that the amendment is largely symbolic: The youth facility is already on delay.

The Sun's Scott Calvert reported on Sunday that Baltimore's housing authority is refusing to make good on any of nine court judgments totaling nearly $12 million, even though in some cases it agreed to the dollar amount or lost an appeal.

Mayor Stephanie Rawlings-Blake concurred with the housing authority's position, telling The Sun:  "It is not possible" to make the payments.

Continue reading "Pugh wants answers from Baltimore Housing" »

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Delegates this morning quizzed senate sponsors of the proposed alcohol tax about whether the three year phase in period could be deleted and the entire hike could be implemented in a single year. The committee has not yet voted on the bill.

The Senate-passed version of the measure bumps up the state sales tax on alcohol from 6 percent to 9 percent over three years. Senators want to use the revenues in the first year to fund health care for the developmentally disabled and provide a one-time grant to schools in Baltimore and Prince George's County.

The proceeds are not required to balance the budget.

Del. Joline Ivey, a Democrat from Prince George's County, noted that the "psychological impact" of raising the tax over three years might cause fatigue. "Post all of it at once," she said.  Ivey said that the phased-in approach could be problematic to retailers who would have to recalibrate their cash registers three years in a row to accommodate the slowly rising tax. 

Sen. Richard Madaleno, a sponsor on the tax, noted that there isn't a lot of time left to make wholesale changes to the bill. "It is a little late in session to go a different direction," Madaleno said. "There are 96 hours left."

Continue reading "Ways and Means hears alcohol tax plan" »

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Delegates spent hours Thursday afternoon discussing a proposal to allow illegal immigrants to pay in-state tuition rates at community colleges and four-year universities. The proposal, which has already passed the Senate, is scheduled for final consideration Friday morning in the House of Delegates.

Undocumented students who would benefit from the legislation — as well as immigrant advocates and supportive clergy from Baltimore, Montgomery County and elsewhere — listened from the House galleries. An even larger group is planning to attend Friday, activists said.

Thursday’s discussion remained relatively technical, with 13 amendments offered and rejected as opponents unsuccessfully tried to chip away at the bill.

Del. Michael D. Smigiel characterized the debate as “a difference in policies and principles.”

“Some of us want a bigger tent,” said the Eastern Shore Republican, who opposes the tuition bill. “Some of us believe that we do something to our society when the word ‘illegal’ not longer means illegal.”

Republican members raised questions about how much the plan would cost.

One fiscal analysis shows the state would pay about $800,000 next year in state aid to community colleges and cost about $3.5 million by 2016. Colleges and universities have said they can absorb a bump in enrollment without raising tuition, and bill advocates said other states that provide in-state tuition to illegal immigrants counted such students as about 1 percent of their enrollment population.

Del. Anne Kaiser, who led the floor debate on the bill, said the cost should be weighed against the benefits of educating all Marylanders. “Many of us believe this should be a priority,” said the Montgomery County Democrat. “There’s room for everyone who wants an education.”

Continue reading "House begins in-state tuition debate" »

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Categories: 2011 legislative session, Immigration
        

The General Assembly is giving the "study" treatment to another of Gov. Martin O'Malley's major environmental policies. Offshore wind farms will join a septic system prohibition in summer school, our colleagues at B'More Green are reporting.

Senate Finance Committee Chairman Thomas M. Middleton said his committee this afternoon determined they would stop working on the bill and move on to other matters. The panel will not vote on the bill. "There is a lot more work to go into this if we are going to fully understand the impact," Middleton said.

From the blog entry:

Legislation aimed at boosting offshore wind development in Maryland has been tabled for further study amid lawmakers' concerns about the cost to consumers, according to Shaun Adamec, Gov. Martin O'Malley's press secretary.

O'Malley's spokesman said the setback was "not unexpected," given the debate and persistent questions being raised about the governor's bill, HB1054/SB861, which would have required Maryland utilities sign long-term contracts to buy power from offshore wind projects.

With just five days to go, the measure had yet to clear committees in either chamber of the General Assembly. The House Economic Matters committee had been scheduled to vote on it today, and the Senate Finance Committee just recently formed a work group to study the bill.

Adamec said the governor realized when he introduced the bill that offshore wind energy is such a new and complicated concept that it may take more than one year for legislators to endorse subsidizing it. The governor is committed to working with lawmakers on the study, his spokesman said.

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Categories: 2011 legislative session
        

Maryland would invest less in Invest Maryland under a revised plan moving through the House of Delegates. The House this morning began debating Gov. Martin O'Malley's proposal to leverage future tax dollars to invest in local start-up companies.

But the House Ways and Means Committee reduced the overall size of the program from $100 million to $75 million and downshifted the state's direct involvement. Under the new plan, the Department of Business and Economic Development would control one-third -- down from half -- of the investment money. The rest would go to private venture firms.

Delegates are to resume debate, and consider additional amendments, tomorrow morning. The Senate is also working its way through the bill with an eye toward changes. The two chambers would need to reconcile their plans before session ends Monday night.

O'Malley, a Democrat, pitched Invest Maryland as a way to spur jobs, innovation and economic growth, Sun technology reporter Gus Sentementes wrote earlier this year.

Continue reading "House to invest less in Invest Maryland" »

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Categories: 2011 legislative session, Martin O'Malley
        

The House of Delegates has delayed debate on whether undocumented Maryland high school students should be able to pay in-state college tuition rates. They are now scheduled to take up the plan tomorrow morning.

The House Ways and Means Committee voted the bill out on a straight party-line vote yesterday, breathing life into it after it had lain dormant for weeks. The Senate passed a similar measure several weeks ago.

Movement out of the House committee bodes well for its final passage.

"We're optimistic that we have the votes," said Del. Justin Ross, chief deputy majority whip and a member of Ways and Means. "Otherwise, we wouldn't have voted it out of committee."

Continue reading "House in-state tuition debate delayed a day" »

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Categories: 2011 legislative session, Immigration
        

The House of Delegates voted Tuesday to approve $925 million in new borrowing as part of a $3 billion capital budget. The plan, which would fund major investments, now awaits the blessing of the Senate, which has until the end of the session Monday to act.

Democratic leaders praised the capital budget as responsible; Republicans warned that the borrowing could damage the state’s credit rating or prompt an increase in real estate taxes to service the debt.

Lawmakers rejected Republican attempts to reduce capital spending by 5, 3 or 1 percent, as Democratic leaders told colleagues they had already squeezed new 19 percent out of new borrowing.

The House voted 98-41 on final passage.

"Cutting for the sake of cutting itself is not the objective we should be achieving here," said Majority Leader Kumar P. Barve.

The Montgomery County Democrat said the Republican warnings were tantamount to "amputating your arm because you’re afraid it might be injured next year."

Del. Mike A. McDermott, an Eastern Shore Republican, fired back that Democrats "can’t even trim your fingernails."

"It’s a mistake to keep spending as much as we are," said Del. Ron George, an Anne Arundel Republican.

Del. John L. Bohanan Jr., the chairman of the Spending Affordability Committee, said approving the capital budget is "a vote for the future of our state."

The $3 billion capital budget includes federal funds and transportation projects in addition to the $925 million in authorized general obligation bonds. The bonds range from $150,000 for a replica of the Choptank River Lighthouse to $22 million to purchase new emergency services helicopters.

Continue reading "Capital budget approved by House of Delegates" »

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Categories: 2011 legislative session
        

A controversial plan to allow undocumented immigrants to pay in-state college tuition rates is on track for passage this year, with a vote this afternoon to send the bill for debate in the full House of Delegates.

The House Ways and Means Committee approved the bill on a party-line vote of 14-7 (see jump). Del. Jon Cardin, a Baltimore County Democrat, abstained from voting, citing concerns about how the measure could impact the beleaguered state budget.

Under the proposal, illegal immigrants who attended at least three years of high school in Maryland, and whose parents have paid the state taxes, would qualify for in-state tuition rates at community colleges. After two years, they could transfer to four-year institutions and continue to pay residential rates.

The House plan makes several changes to what the Senate approved last month. Men would have to sign up for selective service, as all qualified 18-year-old males do, and the undocumented students would be counted as out-of-state students for admission purposes to avoid displacing other Maryland residents.

Continue reading "In-state tuition bill moves to House floor" »

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Categories: 2011 legislative session, Immigration
        

Continue reading "Transgender anti-discrimination bill not quite dead" »

Posted by Annie Linskey at 12:55 PM | Permalink | Comments (1)
Categories: 2011 legislative session
        

BGE delivered up the perfect prop for a Senate press conference today announcing reliability standards for electricity companies: a power outage.

Sen. Brian Frosh, who helped secure higher penalties for companies that have repeated outages, says people at the press conference at first assumed the afternoon blackout was a joke -- or maybe part of the plan.

It wasn't. Generators at the State House kicked on right away, but businesses on nearby Main Street were left in the dark for a while.

The reliability standards legislation was directed more at Pepco, which controls power in the suburbs around the District of Columbia. Perhaps BGE was signaling that it doesn't want to be left out.  

Both the Senate and House of Delegates have given final approval to Gov. Martin O'Malley's plan to penalize electric companies for repeated outages. The Senate version, which the House is now considering, takes effect sooner and has higher fees for violations.

(Pictured: The Baltimore Sun's State House office only briefly went dark, though several of our surge protectors were fried. Photo is a reenactment.)

Posted by Julie Bykowicz at 5:00 PM | Permalink | Comments (2)
Categories: 2011 legislative session
        

Continue reading "Budget talks back on track" »

Posted by Annie Linskey at 12:16 PM | Permalink | Comments (5)
Categories: 2011 legislative session
        

Gov. Martin O'Malley has one week to extract his signature proposals from legislative committees and usher them to approval in the full General Assembly.

But even as he labors to save efforts such as offshore wind and an investment fund for small businesses, another agenda item is calling out for O'Malley's attention: pension reform.

Lawmakers grew so frustrated Friday that they took the weekend to cool down. Now, they must work to settle differences on state employee pensions and health care as they race to complete their budget duties. 

In an interview last week, O'Malley said he had aimed high this session.

"Those are big, difficult issues that require a lot of understanding and a lot of outreach within the General Assembly and within the public," he said. "I didn't run for a second term to do easy things."

Critics say there's another reason his agenda has foundered: his new role in Washington as chairman of the Democratic Governors Association. He has spent sizable chunks of the 90-day state legislative session in the nation's capital.

Continue reading "O'Malley's end-of-session to-do list growing" »

Posted by Julie Bykowicz at 9:33 AM | Permalink | Comments (1)
Categories: 2011 legislative session, Administration
        

Differences between the House and Senate versions of the governor's pension overhaul led to a breakdown in budget talks Friday afternoon, a development that will likely mean lawmakers will miss the deadline for passing the spending plan.

"Everybody's taking a deep breath and stepping back," said House Speaker Michael E. Busch in an interview Friday afternoon. "It is time of year when people work really hard.  A good night's sleep and a little reflection will let everyone re-group and come back Monday. We have some significant issues we need to address."

Conferees from the House and Senate were supposed to meet at 3 p.m. in Annapolis to hash through several dozen remaining differences between the spending plans passed by each chamber. Instead Senators and Delegates* were told to stay in their offices, but wait by their phones. As the day wore on they were told to go home, a planned Saturday session was canceled.

The setback will almost certainly mean the state budget will not pass again in each chamber by Monday's deadline. The target date is frequently missed, though the development keeps the budget on the front burner while a stack of other legislative issues linger.

At issue are a handful of changes aimed at shoring up the state's overburdened pension plan, including a new idea that surfaced in an area that had already won approval in the House and Senate: The formula by which pension payments are calculated for new employees.

A proposed  change costs little in the immediate future, but in the long term the plan adds up: After five years it would add $20 million to general fund costs. In twenty years the figure would balloon to $400 million. 

"Where do we get the other 400 million?" Miller said on the Senate floor Friday morning. "Do we impose that on existing teachers? Do we make their contributions higher?"

"You want to negotiate? Fine," Miller said. "But come up with the money you are taking away from what the House and the Senate have previously agreed on."

Busch said that the budget panel should take a "holistic" look at pension reform and stressed that there are wide differences between the House and Senate plan in other areas. "The House is looking at the pension reform issue as the total impact that it has," Busch said. "There are significant differences between the House and the Senate bill."

"What we are really doing is looking at the overall impact ... we want to be fair and equitable to all state employees, whether they be current employees or future employees," Busch said.   

Continue reading "Budget talks unraveling over pension issue" »

Posted by Annie Linskey at 5:09 PM | Permalink | Comments (4)
Categories: 2011 legislative session
        

Delegates say they want to rewrite a Senate plan to decriminalize marijuana for medical patients, though many expressed support for the overall concept.

In a combined hearing today of the House Government Operations and Judiciary committees, delegates pressed the Senate bill sponsors -- Republican Sen. David Brinkley and Democratic Sen. Jamie Raskin, both cancer survivors -- on the practical implications of the proposal.

Lawyers on the Judiciary Committee said they want to reduce the burden of proof required to show medical necessity from "clear and convincing evidence" to a "preponderance of the evidence." Such a change would align medical necessity with other forms of affirmative defense, such as self defense.

Many of the same delegates said they want to strip the Senate bill of details about what kinds of evidence could be presented in court. The Senate plan says a person claiming medical necessity may use a doctor's note, medical records or the the doctor in person. Delegates argued the general rules of evidence should be applied and that lawmakers should not be laying out a special list of evidence.

Continue reading "House committees weigh medical marijuana defense" »

Posted by Julie Bykowicz at 3:31 PM | Permalink | Comments (10)
Categories: 2011 legislative session
        

State lawmakers have told Baltimore officials they can't seize houses for unpaid water bills so quickly, or for so little money owed.

Under legislation that gained final approval this week in the Senate, the city would be able to enforce a lien on a home only if the owner were at least nine months behind and owed more than $350 in outstanding water and sewer bills.

That's slightly more generous than current law, under which the city may take a home if the bill is just six months behind and totals $250 or more.

Some lawmakers had sought an end to water bill lien enforcement altogether. The legislation, which also has passed the House of Delegates and is expected to be signed into law by Gov. Martin O'Malley, represents a compromise.

"It's a balance," said Sen. Bill Ferguson, who sponsored the legislation. "It's weighing the city's need to help keep water rates low, against people who are really struggling."

Continue reading "City home seizure for unpaid water bills limited" »

Posted by Julie Bykowicz at 11:04 AM | Permalink | Comments (0)
Categories: 2011 legislative session
        

A bill to provide tax relief to relatives who inherit family farms hasn't moved out of either legislative committee considering it, despite bipartisan support that includes a freshman Republican lawmaker and Gov. Martin O'Malley.

Environmentalists and farmers alike praise the idea as a way to preserve open space and foster agriculture. But any tax break comes with a price tag, and that appears to be what's weighing on the members of the House Ways and Means Committee and the Senate Budget and Taxation Committee.

"There's uncertainty about the cost," said Joseph Bryce, O'Malley's top legislative aide. The bill's fiscal note shows it could cost the state more than $2 million per year.

Under the proposal, heirs to agricultural land who pledge to use it as a working farm for at least 10 years would be exempt from the first $5 million in estate tax. They'd pay a 5 percent rate -- far lower than the 16 percent now on the books -- on any additional value.

Continue reading "Farm estate tax breaks put out to pasture?" »

Posted by Julie Bykowicz at 5:00 AM | Permalink | Comments (4)
Categories: 2011 legislative session
        

The Senate president's decision to sideline House-backed legislation to prevent the discrimination of transgendered people has infuriated activists and some lawmakers.

On Saturday, the House of Delegates voted 86-52 in favor of the bill, shipping it to the Senate before the Monday crossover deadline. It was one of 94 bills that arrived at the Senate doors over the weekend -- and the only one to land in the Rules Committee rather than in a panel that can move legislation to the full chamber.

"It goes there to die or because it was late," said a steaming Del. Joseline Pena-Melnyk, who sponsored the anti-discrimination legislation. "My bill was not late."

Senate President Thomas V. Mike Miller offered his take yesterday: "At this point in time I’d say the chances of passage of that bill are next to none." He added that his chamber "spent a lot of time" on "important social issues" only to see them die in the House, an apparent reference to the same-sex marriage legislation.

Miller did not support the right of same-sex couples to marry but, knowing a majority of senators wanted the bill passed, labored to move it along to the House of Delegates. Bill leaders in the House did not secure enough votes for passage and marooned the bill in a committee.

Gay-rights group Equality Maryland and Pena-Melnyk called Miller's move on the anti-discrimination bill unfair, comparing his tactics to the bullying that transgendered people can face.

Continue reading "Transgender discrimination bill subject to discrimination, some say" »

Posted by Julie Bykowicz at 3:36 PM | Permalink | Comments (23)
Categories: 2011 legislative session
        

Maryland delegates voted over the weekend to extend free MTA ridership to legislative and judicial employees -- a perk that has long been available to the 51,000-plus employees in the executive branch.

There are about 4,300 employees in the judicial and legislative branches, including courtroom clerks, legislative aides and the 188 state lawmakers. The far larger executive branch includes corrections and state law enforcement officers, social services employees and many others. Oh, and Maryland Transit Administration workers.

The legislation, sponsored by Baltimore Del. Nathaniel Oaks, comes at an awkward time: lawmakers are simultaneously pushing the MTA to increase fares for paying riders from $1.60 to $2.

A November 2009 Maryland Department of Transportation report estimated the MTA could raise an extra $1.45 million per year if state employees who take free rides had to purchase monthly ridership passes.

Continue reading "State ID rides for free" »

Posted by Julie Bykowicz at 2:21 PM | Permalink | Comments (8)
Categories: 2011 legislative session
        

A plan to raise the sales tax on alcohol from 6 to 9 percent over the next three years won final Senate passage Wednesday.

The extra sales tax, which would be added by 1 percentage point per year, is expected to raise about $30 million next year and $85 million once fully implemented. The House of Delegates has not yet considered the proposal, which emerged late in the session.

Several senators spoke before casting their votes; the bill passed 27-19.

Democratic Sen. Jim Mathias said he would vote against the tax because said he believed it would hurt the tourism, restaurant and bar industries that he said are vital to the Eastern Shore.

Sen. Richard Colburn said the tax defies "Economics 101."

"Never, ever pass a tax increase during a recession," the Eastern Shore Republican said.

Continue reading "Alcohol sales tax gains Senate approval" »

Posted by Julie Bykowicz at 3:18 PM | Permalink | Comments (7)
Categories: 2011 legislative session
        

Advocates said today they remain skeptical about a commitment made by Maryland's Health Department to come up with stricter rules regulating abortion clinics, saying the department has long ignored the industry.

"I think it is lip service," said Sen. Nancy Jacobs, a Republican from Cecil and Harford counties, reacting to a letter from the head of Maryland's Department of Health and Mental Hygiene detailing a self-imposed timeline for drafting regulations.

In the letter Health Secretary Joshua Sharfstein pledged that his agency will spend most of May reviewing how other states oversee abortion clinics and meet with stakeholders, including the Maryland Catholic Conference, which is clambering for tighter state oversight of the clinics. Regulations will be drafted over the subsequent two weeks with a  goal of putting out a draft for public comment in July, Sharfstein said.

But Jacobs and others remained doubtful because the agency has had the authority to regulate abortion clinics for nearly two decades, but they said it has done little to ensure that the clinics are safe. Leaders with the Maryland Catholic Conference worried that the state will leave loopholes in the new rules.

“A letter and a promise from DHMH is something, but we still don’t know whether all clinics will be regulated, what level of standards will be applied, and how the Department will monitor compliance,” said Dr. Nancy Paltell, a associate director of the Maryland Catholic Conference.

Continue reading "Health department says it will regulate abortion clinics" »

Posted by Annie Linskey at 12:23 PM | Permalink | Comments (2)
Categories: 2011 legislative session
        

Electricity customers would pay a maximum of $2 extra per month if Gov. Martin O'Malley's proposal to create an offshore wind farm gains passage this year.

The rate increase limit would extend for the life of the 25-year contract and be indexed to 2011 dollars under administration's latest compromise, aimed at allaying legislators' concerns about cost. Earlier, O'Malley had pitched a $2 cap in the first year only. Senators have been so nervous about the bill that they floated the idea of a study.

"We've always believed the cost would be lower than $2, which is why the amendment wasn't there in the first place," said Shaun Adamec, a spokesman for O'Malley. "Working with legislators, the original amendment was to provide some certainty where legislators said it didn't exist."

The new amendment, Adamec said, "is an extension of that certainty. We believe costs will go down after the first year."

Some lawmakers have said the cost of offshore wind is likely to be far higher than the administration believes.

Continue reading "O'Malley offers further compromise on wind" »

Posted by Julie Bykowicz at 11:55 AM | Permalink | Comments (10)
Categories: 2011 legislative session
        

Miller also provided a second reason: "These are two of the largest consumers of alcohol in the state," he said. "Most of the tax revenue is generated from those two jurisdictions." Data from the Comptroller's office shows that people do like to buy booze in those two counties.

Continue reading "Miller defends the alcohol tax" »

Posted by Annie Linskey at 1:09 PM | Permalink | Comments (2)
Categories: 2011 legislative session
        

After the House of Delegates this weekend voted overwhelmingly to prohibit employer and housing discrimination for the transgendered, the bill crossed over to the Senate Monday where it landed in an unusual committee: Senate rules.

The move presents a formidable procedural hurdle for the effort with less than two weeks left of session. There would have to be a brief hearing in the Rules Committee to determine the proper policy committee assignment. Then the policy committee would need to hear the bill before it could reach the Senate floor.

Senate President Thomas V. Mike Miller said that his chamber is engaged with the budget now and is unlikely to take up the bill.

"When we are through with the budget we’ll have time to deal with other issues that might have a chance of passage," he said after the morning session. "At this point in time I’d say the chances of passage of that bill are next to none."

He said the Senate has raised the issue in previous session, only to see it fail. "There are not the votes to move it in committee," he predicted.

Miller noted that his chamber "spent a lot of time" on "important social issues" earlier in the session that died in the House of Delegates. The Senate passed a landmark bill legalizing same-sex marriage, only to see their efforts wilt when votes could not be secured for House passage. 

Proponents of the transgendered anti-discrimination bill are still pushing forward. "We are already working with allies to keep this important bill moving,"said Morgan Meneses-Sheets, the Executive Director of Equality Maryland. "

"It is challenging, but this bill would literally save lives and is worth fighting for," Meneses-Sheets. 

Posted by Annie Linskey at 9:37 AM | Permalink | Comments (25)
Categories: 2011 legislative session
        

The Senate on Monday joined the House of Delegates in voting to end mandatory delivery of residential white pages to home phone company customers.

Last fall, Verizon asked the Public Service Commission if it could provide free electonic or paper copies only upon customer request. The PSC denied Verizon's proposal, prompting lawmakers to intervene.

The House gave unanimous final passage to a similar bill earlier this month. Only one senator, Sen. Norm Stone, the chamber's elder member, voted against it Monday.

The legislative plan mirrors what Verizon had in mind: The tomes will never again automatically land on doorsteps. 

The changes do not affect advertising-funded business directories, such as the Yellow Book.

(Note about the photo: No residential white pages could be located for this blog entry. Image is a section of Anne Arundel business listings from Yellow Book.)

Posted by Julie Bykowicz at 8:42 PM | Permalink | Comments (2)
Categories: 2011 legislative session
        

The Senate has joined the House of Delegates in passing a proposal that enables wineries to ship bottles directly to Maryland homes.

All 45 senators who voted on the shipping bill gave it the green light.(Sen. J.B. Jennings is away at flight training and Sen. Ulysses Currie did not vote.)

Gov. Martin O'Malley has said he would sign the legislation. That's the only major step remaining, though procedural legislative votes remain. The legislation would take effect July 1, in time for late summer wine sipping.

After years of disputes about whether Maryland should join 37 other states and the District of Columbia in allowing wine shipping, the alcohol industry, consumers and lawmakers this year struck a compromise. The House passed the bill nearly unanimously on Saturday.

Wineries can pay a $200 annual fee to ship to Marylanders. Residents can receive up to 18 cases per year. Retailers, including those who feature "wine of the month" clubs, may not ship to Maryland homes. Only about a dozen states allow retailer shipping.

Posted by Julie Bykowicz at 8:28 PM | Permalink | Comments (17)
Categories: 2011 legislative session
        

John Hanson's spot in the U.S. Capitol is secure, while Harriet Tubman's chances of securing one are spotty, thanks to a vote this evening by the Maryland Senate. 

The General Assembly has been weighing whether to swap out Hanson for Tubman in the National Statuary Hall Collection. Each state can have only two statues, and since 1903, Maryland has been represented by Hanson, a president of the Continental Congress, and Charles Carroll, the only Catholic signer of the Declaration of Independence.

This session, the National Organization for Women and dozens historical and civil rights groups were trying to gain a place for Tubman, who helped slaves travel to freedom through the Underground Railroad.

Although senators are supportive of Tubman, they won't trade Hanson for her.

In an amendment adopted Friday, senators decided to ask Congress to allow Maryland three statues so that they won't have to choose. The new plan gained unanimous final passage this evening.

Continue reading "Harriet Tubman won't displace John Hanson" »

Posted by Julie Bykowicz at 8:05 PM | Permalink | Comments (10)
Categories: 2011 legislative session
        

Many job applicants should not be subjected to credit checks by employers, the Maryland General Assembly has determined. 

The House of Delegates today joined the Senate in approving legislation to limit when businesses could review a would-be employee's credit history. Employers already are barred from seeing a person's credit score, but the Assembly wants to limit their ability to access the entire report.

The legislation, which is moving toward the governor's desk for signature, provides an array of exemptions. Banks and credit unions are among those who could still use the reports. Companies also could run checks on applicants for high-level positions, such as chief financial officers.

Maryland residents had complained to lawmakers about being denied jobs because of bad credit.

Posted by Julie Bykowicz at 2:25 PM | Permalink | Comments (10)
Categories: 2011 legislative session
        

Employers and housing groups could not discriminate against transgendered people, under a plan that won final passage today in the House of Delegates.

After a floor debate that veered into what some delegates said was offensive territory, the anti-discrimination measure passed by a vote of 86 to 52, a preliminary tally showed. The bill now moves to the Senate for consideration.

Home owners who rent rooms or apartments in their residence are exempted from the bill. Religious groups also are exempted.

Some Republicans who opposed the bill argued that education and child-related groups should have been excluded, too. Del. Nicholaus R. Kipke, an Anne Arundel County Republican, said some parents may not want to explain to their children why a female teacher, for example, decided to dress as a man.  

Continue reading "Transgender anti-discrimination bill approved" »

Posted by Julie Bykowicz at 2:07 PM | Permalink | Comments (4)
Categories: 2011 legislative session
        

The House of Delegates today gave initial approval to a governor-backed proposal to allow horse track owners to use slots revenue for day-to-day operating expenses instead of capital improvements.

Gov. Martin O'Malley sought the legislation after brokering a last-minute deal to keep horse racing alive in Maryland this year. Supporters say the bill aims to help the Maryland Jockey Club and Penn National Gaming, new owner of the Rosecroft harness-racing track, maintain full racing schedules amid financial struggles.

But opponents argue the racing industry has wasted state money by suing to block a casino at Arundel Mills Mall. The Jockey Club had sought Anne Arundel County's sole slots license for its Laurel Park race track.

The plan could gain final House approval Monday and remains under consideration in the Senate's Budget and Taxation Committee.

Posted by Julie Bykowicz at 1:24 PM | Permalink | Comments (9)
Categories: 2011 legislative session, Slots
        

Marylanders are one step closer to being able to ask their favorite wineries to ship bottles directly to their homes.

The House of Delegates this morning gave final approval to the direct-shipping proposal. Just one of the 141 delegates voted against the legislation. Del. Nathaniel Oaks, a Baltimore Democrat, said later that he opposes the bill because of worries about children having access to the delivered wine.

Senators advanced a similar version of the bill Friday and could vote on final passage Monday.

Under the proposal, in- and out-of-state wineries could pay a $200 permitting fee to ship to Marylanders. Residents, who would have to show delivery carriers that they are 21 or older, could receive up to 18 cases per year.

Posted by Julie Bykowicz at 12:28 PM | Permalink | Comments (4)
Categories: 2011 legislative session
        

Sun colleague Jill Rosen reports on Unleashed:

Dog people, this one’s for you.

Maryland moved one step closer Friday in legalizing outdoor dining with dogs — with nary a bark.
The General Assembly’s House of Delegates approved the measure without discussion on second reader — with final approval on the bill expected as soon as later this afternoon.

Assuming victory in the House, the bill, called the Dining Out Growth Act of 2011, would move to the Senate.

Posted by Julie Bykowicz at 2:25 PM | Permalink | Comments (0)
Categories: 2011 legislative session
        

Legislation that would allow wineries across the state and country to ship bottles directly to Maryland homes has won initial approval from the full General Assembly.

The House of Delegates and Senate could vote on final passage within days. Consumers have cheered the advance of wine shipping -- which is legal in 37 other states and the District of Columbia -- as evidence that the General Assembly is beginning to listen to them.  

Not all lawmakers and wine advocates are entirely happy with the bill. Some wanted retailers, in addition to wineries, to be able to ship to residents. Several Jewish lawmakers pointed out that it is dificult to get kosher bottles from anyone but distant retailers.

Despite such misgivings, neither chamber amended the bill -- which represents a hard-fought compromise among the alcohol industry, wineries, consumers and lawmakers on the committees that vet liquor bills.

Posted by Julie Bykowicz at 12:43 PM | Permalink | Comments (18)
Categories: 2011 legislative session
        

Annie Linskey reports:

The House of Delegates voted Thursday to approve a $14.6 billion plan to fund day-to-day state government operations, over the vehement objections from Republicans who had pushed for deeper cuts and opposed new fees.

Delegates voted 97 to 42 to approve the budget, with one Republican joining the Democrats to support the plan.

The budget calls for Marylanders to pay higher fees at the Motor Vehicle Administration to register new vehicle titles or use vanity license plates. Fees for recording land transactions would also go up.

The budget doesn’t contain any new taxes — yet. The plan now goes to the Senate, where a key committee voted yesterday to raise the sales tax on alcohol from 6 percent to 9 percent, an increase that would be phased in over three years.

House Democratic leaders touted extensive behind-the-scenes work during the first ten weeks of the legislative session to rejigger spending within Democratic Gov. Martin O’Malley’s plan and restore $60 million in cuts to education. Their reworked plan would also give counties and cities some more money to fix roads.

“Good budgets are flexible,” said Del. Galen R. Clagett. The Western Maryland Democrat said the House proposal responded to concerns from constituents who worried the O’Malley proposed plan would “hurt” them.

“The message I got was we should be helping people,” he said.

But Republicans said the Democratic majority didn’t do enough: The House plan would only cut $6.5 million from the budget O’Malley’s proposed in January. House Minority Leader Anthony O’Donnell used a chart to show how state spending has increased in recent years.

Continue reading "Delegates send $14.6 billion budget to Senate" »

Posted by Matthew Hay Brown at 7:48 PM | Permalink | Comments (8)
        

For the first time in more than four decades, a Maryland legislative committee has approved an alcohol tax increase. 

The Senate Budget and Taxation Committee today advanced a plan to bump tax on alcohol from 6 to 9 percent over the next three years. Alcohol taxes would go up by one percentage point per year.

Budget Chairman Edward Kasemeyer noted the historic nature of the committee's move, saying most Marylanders "probably wonder why it has taken so long."

If it wins general Assembly approval, the tax increase is expected to pump about $30 million into state coffers next year and $85 million once it is fully implemented. The House of Delegates has yet to vet the plan.

Continue reading "Alcohol tax increase advances to full Senate" »

Posted by Julie Bykowicz at 5:55 PM | Permalink | Comments (27)
Categories: 2011 legislative session, Tax & Spend
        

Continue reading "Deadbeat delegate hasn't paid water bill for 2 years" »

Posted by Annie Linskey at 7:24 PM | Permalink | Comments (16)
Categories: 2011 legislative session
        

*** Update: The House Judiciary Committee voted down the novelty lighter restrictions this afternoon, meaning the issue has probably flamed out for the year. *** 

Novelty lighters could not be sold in Maryland under a plan advanced today by the state Senate.

Lawmakers argue that the toylike devices attract children and therefore pose a fire hazard. The Senate plan, which could gain final passage this week, also prohibits the sale of lighters with cartoon pictures on them.

A similar proposal in the House of Delegates was rejected late this afternoon by the House Judiciary Committee.

Senators on both sides of the issue hoisted lighters on the floor this morning to illustrate their point.

Sen. Barry Glassman, a Republican who sponsored the bill, displayed a tiny totem pole lighter and a mini-Coach purse that ignites when the zipper is pulled and.

"This is a very serious issue," Glassman said as the debate began veering toward puns and snickers. He said toddlers grab the lighters thinking they are toys and can hurt themselves. 

Continue reading "Novelty lighters ignite Senate debate" »

Posted by Julie Bykowicz at 6:09 PM | Permalink | Comments (28)
Categories: 2011 legislative session
        

With lawmakers on the fence about one of his signature legislative issues this year, Gov. Martin O'Malley today made the case that investing in offshore wind would help create jobs in the short term and stabilize energy rates over the long run.

The Democratic governor urged the General Assembly to pass his offshore wind plan because "if we don't make the right choices," he said, fossil fuels will continue to rise, global warming will continue and other states will jump ahead in the country's relatively new push to harness wind for electricity.

O'Malley spoke at Annapolis' City Dock, surrounded by environmental activists and building trades workers who stand to benefit from new jobs if the state adopts a plan to build and install steel wind turbines more than 10 miles off the coast of Ocean City.

But lawmakers have been reluctant about the plan and its associated costs, which would be passed along to utility customers across the state. Sen. Thomas "Mac" Middleton, chairman of the Senate committee considering the proposal, recently suggested it may need a study before lawmakers embrace it.  

To allay fears about rate increases, O'Malley today suggested an amendment limiting the added cost to a maximum of $2 per month in the first year. Sen. Paul Pinsky, who has pushed for wind energy the past two years, said he's not sure if the one-year cap would be enough to move the bill forward.

Less than three weeks remain in the 2011 legislative session.

Continue reading "O'Malley continues wind energy push" »

Posted by Julie Bykowicz at 4:49 PM | Permalink | Comments (6)
Categories: 2011 legislative session
        

The chairman of the Senate Finance Committee offered up the classic Annapolis solution to the politically tricky off-shore wind legislation that Gov. Martin O'Malley is pushing this year: Transform it into a study.

Sen. Thomas M. Middleton said Monday that the proposal to build a wind farm off Ocean City is still encountering stiff resistance in his committee, despite a flurry of one-on-one meetings with the governor and key Senate and House members.

"Some people believe there should be a study," said Middleton, who said he hopes that issues can be resolved. But time is running out: The general assembly session ends in less than three weeks.

To build momentum for the bill, O'Malley is set to hold a news conference at City Dock in Annapolis today. He'll stress the the 2,000 jobs he believes it would generate.

Joe Bryce, O'Malley's top lobbyist, said Tuesday that Maryland is "in a race" with other states that are angling to host off-shore farms and therefore can ill afford to delay action for a year.

The bill is one of several key pieces of the governor's legislative agenda to face tough scrutiny from lawmakers. O'Malley's plan to limit septic systems at new developments has been stopped up in the House and a proposal to create a $100 million investment capital fund hasn't reached the floor of either chamber.

Continue reading "O'Malley's wind energy plan could become a study" »

Posted by Annie Linskey at 5:00 AM | Permalink | Comments (14)
Categories: 2011 legislative session
        

A proposal to allow Maryland wine consumers to have bottles shipped directly to their homes has won the approval of two key legislative committees.

The Senate Education, Health and Environmental Matters Committee and the House Economic Matters Committee each voted nearly unanimously Tuesday to send the direct-ship proposal to the full legislature. The development bodes well for the legislation; in years past, those two committees have bottled up the popular plan.

"It's a good bill," said Sen. Roy Dyson, the Senate committee's vice chairman and a Southern Maryland Democrat. "And it has been a long time coming."

The legislation represents a compromise. (Senate version and House version)

Wine consumer advocacy groups had pushed to allow retailers — not just wineries — to ship to Maryland homes. But the alcoholic beverage industry, which had long opposed any form of direct-shipping, supported the bill this year on the condition that it be limited to wineries.

Continue reading "Wine shipping wins backing of key committees" »

Posted by Julie Bykowicz at 6:20 PM | Permalink | Comments (13)
Categories: 2011 legislative session
        

The House of Delegates today advanced a plan calling for a two-year study of Marcellus shale drilling -- overriding the objections of Western Maryland lawmakers who want to see the potentially lucrative activity sooner.

Del. Wendell Beitzel acted as the chief proponent of hydraulic fracturing, saying it could provide much-needed financial boost in the most economically depressed part of the state, Garrett and Allegany counties.

"We're suffering out there," the Republican lawmaker said, noting that his home counties are losing population, jobs and student enrollment. He compared the potential windfall for Western Maryland to the federal Defense Base Closure and Realignment (BRAC) plan that is expected to bring new residents and jobs to Harford County and other areas.

"Fracking," as it is known, is the process of extracting natural gas from deep within the ground. Other states, including Pennsylvania and West Virginia, allow private citizens to lease drilling companies the rights to the shale underneath their land. But the extraction process, which produces many tons of wastewater, is controversial.

Continue reading "Western Md. lawmaker: Shale drilling 'our BRAC'" »

Posted by Julie Bykowicz at 5:18 PM | Permalink | Comments (4)
Categories: 2011 legislative session
        

Majority leaders with Maryland's House of Delegates outlined a plan today that would raise roughly $60 million by hiking three fees -- collecting money that would help restore the depleted state highways fund and return some cash that Gov. Martin O'Malley wanted to chop from schools in next year's spending plan.

The House proposal, put forward by majority leaders, would double the amount motorists pay in for titles when cars are purchased from $50 to $100. The plan also hikes the fees for specialty license plates -- known as vanity tags -- from $25 to $50. Those changes would raise about $50 million and would be directed to the Transportation Trust Fund, with O'Malley raided to balance the budget.

The House plan includes some good news for the state's 23 counties: They would receive an additional $5 million in roads money, adding to the $8 million that O'Malley had offered them. Maryland's 157 towns also would receive more state funding for road repair. They would split a pool of $10 million for roads, up from the $2 million O'Malley suggested. 

The $13 million in new local roads money is outside the legislative formula and considered a one time grant. "We are giving them a little survival money," said Del. Tawanna Gaines, a Prince George's County Democrat who chairs the transpiration subcommittee on the House appropriations panel. 

House leaders also want to double fees paid by property owners when they register land records: From $20 to $40. The fees raise $17 million for the state, money that would help pay for the House plan to give nearly $60 million back to kindergarten through 12th grade education funds.  The House also plans an assortment of cuts including $8 million to the state's university system.

Much of the details will be hashed out when the House Appropriations committee meets at 1:30 p.m. House panels are also expected to approve additional cuts from the governor's budget and vote on changes to the state employees pension plans.

More to come ...

Posted by Annie Linskey at 11:06 AM | Permalink | Comments (28)
Categories: 2011 legislative session
        

Taking action for the first time on the growing pile of parole commission recommendations on his desk, Gov. Martin O'Malley has declined to commute the sentences of seven inmates serving life in prison, his office announced Thursday.

The decisions came as lawmakers weigh changes to the governor's role in the parole process.

Under current law, a convict serving a life sentence may not be freed without the approval of the governor. There is no requirement that the governor act on a recommendation by the state parole commission.

On Thursday, a Senate committee voted to give the governor 180 days to object to a commission’s recommendation to release a convict before the inmate is freed automatically. The House has passed legislation that would set a 90-day deadline.

O’Malley’s fellow Democrats have criticized his inaction on 50 parole and commutation recommendations, some of which were waiting when he took office in January 2007.

On Thursday, his office announced that he had rejected commission recommendations to commute the life sentences of five Baltimore City men convicted of murder, one Baltimore man convicted of first-degree rape and one Prince George's County man convicted of murder. They range in age from 55 to 73; all have been behind bars since the 1970s.

A spokesman for O'Malley said the governor was unavailable to comment Thursday. Spokesman Shaun Adamec said O'Malley decided to deny the parole commission's recommendations after reviewing the cases. He said the other 43 cases remain under review.

The timing of the announcement was noted by several senators at Thursday’s hearing.

Continue reading "Governor denies 7 commutation requests; Senate moves to limit role" »

Posted by Julie Bykowicz at 8:35 PM | Permalink | Comments (19)
Categories: 2011 legislative session, Administration, Crime & Justice
        

Lawmakers have been weighing whether to raise the tax on alcoholic beverages since the first day of this year's legislative session. But the idea is getting a fresh look in recent weeks -- with a twist.

Health advocates recently learned that DC imposes a "special sales tax" on alcohol, charging an extra 3-4 percent on top of the regular 6 percent sales tax rate. Maryland, they argue, should follow the District's lead and develop its own special sales tax for alcohol.

The new proposal comes as the General Assembly is getting into the nitty gritty of Gov. Martin O'Malley's $14 billion general fund budget. Revenue increases are considered separately from the budget, but they generally go hand in hand. 

Previously, efforts to increase Maryland's alcohol costs have focused on raising the excise tax, which is levied at the wholesale level. For decades, the excise tax on alcohol has been identical in DC and Maryland, and Maryland's liquor lobby said that changing it here could push consumers across the border to purchase in DC.

Liquor industry officials have testified in legislative hearings that wholesalers pass along the excise tax -- and a percentage markup -- to retailers. Then, retailers pass along that charge (and then some) to the consumer.

Until recently, alcohol tax advocates -- and lawmakers -- seemed largely unaware that DC also taxes at the consumer level. A sales tax increase would eliminate the mystery of how much wholesalers and retailers will mark up their products.

"For 20 years, it's been the most powerful argument, that we shouldn't mess up that equilibrium, said Vincent DeMarco, president of the Maryland Citizens' Health Initiative, who has long advocated for increasing the alcohol tax. "But as we now know, all along, DC has actually has a higher alcohol tax, erasing that argument."

Liquor lobbyists said they would prefer no tax increase at all, but said they were reviewing this latest proposal and see it as a sign that lawmakers are cognizant of competition along the borders.

Continue reading "New alcohol tax idea emerges" »

Posted by Julie Bykowicz at 12:56 PM | Permalink | Comments (15)
Categories: 2011 legislative session, Tax & Spend
        

State and local government contractors and subcontractors should be forced to use the federal E-Verify program to ensure that all of their employees are in the country legally, Del. Patrick McDonough testified at a hearing Wednesday.

Baltimore County's McDonough and other Republican delegates are making what has become an annual push for the state to adopt the Internet-based immigration status check program, which civil rights groups have said is "error ridden."

Two previous attempts to require E-Verify have failed in the legislature, and this year's effort is unlikely to be embraced.

With higher than usual levels of unemployment nationally and in Maryland, McDonough said, "we better darned well make sure that these are Maryland residents getting these jobs."

The ACLU of Maryland testified Wednesday against McDonough's bill, saying it is problematic and unfair to certain cultural groups, including Latinos, where people may use multiple last names that are noted differently on naturalization documents.

Continue reading "Some push state to use federal immigration check" »

Posted by Julie Bykowicz at 3:19 PM | Permalink | Comments (9)
Categories: 2011 legislative session, Immigration
        

A House of Delegates committee yesterday weighed whether to allow track owners to use slots money to stay afloat -- an idea that has raised eyebrows among some lawmakers as newly released financial statements show the Jockey Club lost more than $25 million in 2008-2009.

The Sun's Hanah Cho reports:

Howard County Del. Frank S. Turner criticized the Jockey Club for not presenting a long-term plan for a viable racing industry in Maryland. "If I had a business losing $14 million and I came to the legislature [for help] but [didn't] have a long-term plan, I have a little problem with that," he said.

Also yesterday, Senate President Thomas V. Mike Miller said the state "should not be subsidizing racing."

"It should be able to stand on its own, or go by the wayside," the Southern Maryland Democrat said. Miller said discord among the industry players is to blame for some of the financial woes. "A lot of it, owners have brought on themselves because they can't agree to a proper and equitable solution."

Continue reading "Some lawmakers bristle at money for Jockey Club" »

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Categories: 2011 legislative session, Slots
        

Advocates for abolishing Maryland's death penalty, which they called unfair and confusing after a recent revision, made their case Tuesday to a House of Delegates committee. But the effort is not likely to gain traction in the Senate.

"There's no sentiment in the Senate" to debate a repeal, said Senate President Thomas V. Mike Miller in an interview Tuesday. Miller, a Southern Maryland Democrat, is a proponent of capital punishment. "We've taken it up."

Two years ago, the General Assembly wrestled with a Gov. Martin O'Malley-led repeal effort. Instead of ending capital punishment, a closely divided Senate opted for a compromise plan that further limits when prosecutors can seek death. O'Malley is not pushing a repeal this year.

Even so, advocates for ending the capital punishment argue the time is right because the state's years-long de facto moratorium will only continue as officials ponder what chemicals to use in lethal injections. There's a nationwide shortage of one part of the three-drug cocktail Maryland and other states have long used. 

A law professor who testified at the House hearing criticized the 2009 compromise effort, saying Maryland's death penalty statute is now more confusing than ever. At least six capital murder cases are pending in counties across the state. Next month, two are scheduled to come to trial.

Continue reading "Death penalty repeal unlikely, Senate president says " »

Posted by Julie Bykowicz at 5:32 PM | Permalink | Comments (5)
Categories: 2011 legislative session
        

House Republicans today presented colleagues with an alternative to Gov. Martin O'Malley's $14 billion general fund spending plan. 

Minority Leader Anthony J. O'Donnell told members of the House Appropriations Committee that the GOP plan "envisions a smaller, less intrusive state government." The proposal calls for a $621 million deeper cut than O'Malley's budget for the fiscal year that begins July 1.

Republicans would achieve that reduction by making major changes to how the state allocates K-12 education money and by and snipping at many state agencies and programs. At the same time, they'd cut the sales tax from 6 to 5 percent and the corporate income tax from 8.25 to 7 percent -- reductions that O'Donnell said would help lure taxpayers and companies to Maryland.

"We think it's a new vision," O'Donnell said.

House Republicans have also cast an eye toward the future, recommending the state hold spending growth to 2 percent over the next few years and bumping it up to 4 percent in fiscal year 2016.

(Click the following links to compare the GOP plan to O'Malley's budget highlights.)

Continue reading "House Republican leaders present alternate budget" »

Posted by Julie Bykowicz at 4:08 PM | Permalink | Comments (8)
Categories: 2011 legislative session, Tax & Spend
        

Pimlico and Laurel race tracks lost more than $25 million in 2008-2009, newly released financial statements show. The revelation comes as Maryland lawmakers look for ways to prop up the flagging but storied horse racing industry.

Senate President Thomas V. Mike Miller said in an interview this morning that the state "should not be subsidizing racing."

"It should be able to stand on its own, or go by the wayside," the Southern Maryland Democrat said. Miller said discord among the industry players is to blame for some of the financial woes. "A lot of it, owners have brought on themselves because they can't agree to a proper and equitable solution."

The Sun's Hanah Cho writes that "the reports paint an even more dire picture than Jockey Club officials had described." She notes that the Jockey Club had previously asserted that Pimlico -- home of the Triple Crown's Preakness -- has been turning a profit. Financial disclosures for 2010 are due by the end of the month. 

Continue reading "Horse racing industry loses millions annually" »

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Categories: 2011 legislative session, Slots
        

Continue reading "Undocumented students cheer vote for tuition bill" »

Posted by Annie Linskey at 10:39 PM | Permalink | Comments (255)
Categories: 2011 legislative session
        

As Maryland lawmakers prepare to make decisions in the coming weeks on budget cuts and pension reform, thousands of union members on Monday marched on Annapolis to send a message.

The marchers were met by a counter-protest, organized by tea party activists, of several dozen taxpayers asking for deeper state budget cuts.

The union group was large enough to cut off traffic on downtown Annapolis streets, Chanting, "keep the promise" and "enough is enough," they decried efforts by Gov. Martin O'Malley and legislators to change employee contributions to their retirement plans, a move that would save the state an estimated $100 million next year.

The many teachers in the audience also spoke out against the governor's planned level-funding of K-12 schools. If the proposal is adopted by state lawmakers, Baltimore would receive $15 million less and Prince George’s County $16 million less than they were slated to receive next year under the state’s education funding formula.

Continue reading "Thousands of union members storm Annapolis" »

Posted by Julie Bykowicz at 7:34 PM | Permalink | Comments (67)
Categories: 2011 legislative session
        

Maryland's House of Delegates this morning signaled that they would like to beef-up the state's new ban talking on a cell phone.

With a vote of 91 to 40, the chamber approved a bill that would make talking on a cell phone a primary offense, meaning police officers could pullover any motorists chatting on their phone. Currently they can only issue a citation if motorists are simultaneously violating another rule.

Driving and talking using a hands-free devices would still be allowed. The penalties are unchanged: $40 for the first offense and $100 for the second.

But the bill has a rough road in the Senate, said Judicial Proceeding Committee Chairman Brian Frosh. He's not sure the measure could be passed in his committee.

The original ban on dialing and driving squeaked through the Senate 24 to 23 last year after a lengthy debate and the law went into effect five months ago.

Both chambers recently approved a ban on reading texts while driving. That measure closed a loophole left two years ago when they outlawed writing electronic messages. Motorists can still use GPS programs on their phones.

Posted by Annie Linskey at 3:24 PM | Permalink | Comments (5)
Categories: 2011 legislative session
        

Gov. Martin O'Malley on Wednesday urged legislative support for a plan to reduce the tax burden on Marylanders who inherit family farms, testifying before the Senate committee weighing the bill.

"Throughout our state's history, our family farmers have always been an important part of what makes Maryland strong," O'Malley told the Senate's Budget and Taxation Committee, according to prepared remarks. "With this legislation we can help make sure they will continue to make our state stronger in the future."

The Democratic governor has unexpectedly become an advocate for the farm estate tax bill -- a plan being pushed by two freshmen Frederick County lawmakers, Democratic Sen. Ronald Young and Del. Kathy Afzali.

Afzalia said she won the governor over by cornering him at a recent dinner for farmers, pulling the proposal from her purse and calling it "the greenest bill in the state legislature." O'Malley had planned to testify at the House committee hearing last week, but his aides said scheduling conflicts kept him away.

Continue reading "O'Malley testifies on farm estate tax proposal" »

Posted by Julie Bykowicz at 6:14 PM | Permalink | Comments (1)
Categories: 2011 legislative session, Martin O'Malley
        

On the day before the House of Delegates was expected to begin debate on same-sex marriage, lawmakers received a letter from six gay colleagues.

"Vote yes because you know it is the right thing to do," the delegates wrote this morning. "Vote yes because you want to stand on the right side of history. Vote yes because every family in Maryland needs the protections that marriage provides."

This afternoon, opponents of gay marriage from Pennsylvania played bagpipes outside the lawmakers’ offices, displayed a banner that read: "God’s Marriage = 1 man & 1 woman," and encouraged like-minded motorists to honk.

As they prepare to open debate tomorrow on legislation that would allow gay couples to marry, members of the divided House are facing pressure from all sides.

The Senate has already approved the plan. House passage would send the bill to the governor’s desk, where Democrat Martin O’Malley has promised to sign it.

Delegates have heard from hundreds of constituents, received a flood of e-mails from supporters and opponents and, in some cases, struggled internally with how to vote. Several of them — including co-sponsors — have changed their positions. Dozens remain publicly uncommitted.

"The vote is close, probably an even split," said Del. Maggie McIntosh, the most senior of the six openly gay delegates. "A healthy handful of people are still making up their minds."

Continue reading "House girds for same-sex marriage debate" »

Posted by Julie Bykowicz at 5:27 PM | Permalink | Comments (52)
Categories: 2011 legislative session, Same-Sex Marriage
        

As prospects dim for an overhaul this year of the state's septic system laws, Gov. Martin O'Malley is trying a new approach: He's going in.

Aides to the Democratic governor announced today that O'Malley will wade into a polluted lake Wednesday on the Eastern Shore to highlight the ills of septic systems.

O'Malley has been pushing to curb septic pollution by banning such systems in new large-scale developments. But the leader of the House of Delegates committee considering his proposal suggested a study instead. Del. Maggie McIntosh, a Baltimore Democrat, said she was concerned that a ban would disproportionately affect counties where most housing is built with on-site sewage treatment.

The water works will take place Wednesday afternoon on Lake Bonnie in Goldsboro, where "high bacteria levels have been linked to failing septic systems," according to the adminsitration's release.

O'Malley spokesman Shaun Adamec says this is no toe-dip. He'll be donning fisherman-like waders and going "far enough to make the point."

Continue reading "Governor to wade in pollution as part of septic push" »

Posted by Julie Bykowicz at 4:37 PM | Permalink | Comments (14)
Categories: 2011 legislative session
        

Fingers — and paws — are crossed for a bill before the General Assembly that would free Maryland to join Florida, California and Minnesota in allowing dining outside with dogs, The Sun's Jill Rosen reports this morning. 

She writes:

Del. Dan K. Morhaim, who is sponsoring the Dining Out Growth Act of 2011, says the law would give a much-needed boost to the state's restaurant industry, which has had a tough go of it in the recent economic downturn.

"Frankly, anything that develops economic activity right now is good," the Baltimore County Democrat says. "Now when people are outside and walking with their dogs, they'll walk by a place where they'd like to stop and eat. But they won't because they can't."

Continue reading "Legislators want table for two -- plus Fido" »

Posted by Julie Bykowicz at 8:54 AM | Permalink | Comments (1)
Categories: 2011 legislative session
        

The House of Delegates is set to debate next week whether to legalize gay marriage, after a sharply divided committee voted Friday in favor of the plan.

The measure, which has already cleared the Senate, lost the support of a co-sponsor but was saved from defeat by the committee chairman — who has long opposed gay marriage.

Del. Joseph F. Vallario Jr. did not explain why he voted to advance the bill, but House aides said the Prince George’s County Democrat wanted to see it moved to the 141-member chamber for a full debate.

Delegates are bracing for a discussion that could start as soon as Tuesday and span several days. The bill would repeal the provision in Maryland law that defines marriage as the union of a man and a woman, which would allow the state to begin issuing marriage licenses to gay couples.

The 12-10 vote by the House Judiciary Committee came at the end of a week of fits and starts — and high drama, as several of the original 59 co-sponsors indicated they were having second thoughts.

The committee was to vote Tuesday, but two co-sponsors went missing. Del. Jill P. Carter, a Baltimore Democrat who supports same-sex marriage, said she withheld her vote that day to focus attention on city education funding and her own family law bill.

Del. Tiffany T. Alston said she needed more time to think. The Prince George’s County Democrat said she was weighing her personal belief in the right of gay couples to marry against the opposition of her church and the people she represents.

On Friday, she voted against the bill, saying, "For my constituents, no."

Before the final vote, Alston attempted to amend the bill to establish civil unions instead of same-sex marriage. The effort drew praise from Republicans on the committee, but criticism from her fellow Democrats. It failed by a single vote, one of five amendments to be batted down.

Continue reading "Same-sex marriage bill heading to Md. House floor" »

Posted by Julie Bykowicz at 5:14 PM | Permalink | Comments (54)
Categories: 2011 legislative session, Same-Sex Marriage