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2020 Session:
Delegate Trent Kittleman - District 9A
Week Eight
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Contents:
* "Can't See the Forests for the Trees"
* Spending Alert!
* Subcommittees Hold "Sham" hearing
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Women's Veterans Day Event
* Legislative Scholarship application
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Please forward this email to your family and friends, and encourage them to sign up to receive the weekly News from Annapolis by sending me an email at TrentKittleman@verizon.net.
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Can't see the Forest for the Trees
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Often, Legislators can't see the Big Picture
(the Forest)
because they're looking only at an Individual bill
(the Tree)
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How much does it cost for a Tree?
One of the frustrating things about the way we pass bills in the legislature is that we almost never seek to consider a bill in the context of all the other bills -- and existing programs -- we have.
For example, HB77 is a bill proposal to support an "Illegal Dumping and Litter Control Law. The cost is estimated to be around $8,500 for FY 2021.
How can any legislator stand up and argue that $8,500 is "too much money" for our budget to absorb? So no one does.
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But the next bill will extend the reach of Peace Orders to cover Workplace Violence, with a price tag of $128,600. Again, not very much in a Billion-Dollar budget, so no one gives it context.
What about the next bill: Maryland Arts and Culture Capital Grant Program. Few legislators will want to open themselves up to the charge that they don't support the arts -- even though this bill will cost $10.1 million annually from FY '22 to FY '27.
There is seldom a constituency that comes to Annapolis to lobby for spending less money. Moreover, when a bill comes up for discussion, the process only allows us to opine on this bill; there is no real opportunity to argue that this bill is a better (or worse) use of our taxpayers' dollars than Bill X or Bill Y.
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How much does it cost for the WOODS?
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Maryland is unique among the 50 states in that the power to set the spending limit each year is vested in the Governor. The Legislature cannot increase the budget. If the legislature wants to add something to the budget, it must find somewhere else to cut that amount from the budget.
Because so much fiscal power is vested in the Governor, the legislature found a "workaround." In order to have a greater role budgeting the legislature adds language into bills requiring the governor to appropriate certain amounts of money for certain purposes. This
requirement
is called a mandate.
The governor at the time took this issue to court, arguing that it was an infringement on the powers of the governor granted in the Maryland Constitution. But the Court up the legislative use of mandates.
At the time of the court's decision, few mandates had been enacted and had little impact on the budget. Since then, however, the legislature puts mandates on more and more bills. Today, between entitlements and the spending mandated by the legislature, over 83% of the budget is set in stone and unavailable. The governor has only 17% of the budget to pay for all of the services that are not already mandated.
And yet, every year, the legislature passes more bills with higher price tags -- and more mandates.
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Cl.Transportation
Spending Alert !
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Out-of-Control SPENDING!
Below is an
incomplete list of this year's bills that propose additional State spending.
Here's a question to ponder: What if all these bills passed?
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Bill #
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General topic
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Comments about cost
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Cost
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HB 584
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Day care centers for the elderly
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Amount is an estimate
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$1,000,000
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HB 1641
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Shelter and Transitional Housing Facilities Grant Program
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Cost increases to $5,000,000 in FY 2022 and thereafter
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$3,000,000
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HB 1567
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Affordable Housing Development Credit Program
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MANDATE: Cost increases to $15,000,000 in FY 2023, and continues at that level to 2033
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$5,000 ,000
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HB 1512
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Establishes an "African American Cemeteries Preservation Fund"
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MANDATE: Amount established by formula
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HB 1520
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Support "Sustainable" communities.
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MANDATE; Annual
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$750,000
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HB 1355
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Inter-jurisdictional Policing Grant Program
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MANDATE: Annual
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$3,570,000
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HB 1300
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Kirwan Blueprint for Maryland's Future
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MANDATE: Cumulative amount over 10 years
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$32 Billion
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HB 1260
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Reparations for Historically Black Colleges: Morgan State University
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MANDATE: /year through 2031
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$23,100,000
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Reparations for Historically Black Colleges: Bowie State
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MANDATE: /year through 2031
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$12,200,000
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Reparations for Historically Black Colleges: Coppin State
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MANDATE: /year through 2031
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$10,000,000
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Reparations for Historically Black Colleges: Univ. of MD, Eastern Shore
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MANDATE: /year through 2031
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$12,400,000
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HB 822
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MD Violence Intervention and Prevention Fund
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MANDATE: Annual
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$10,000,000
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HB 709
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Youth Services Bureaus
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MANDATE: Annual
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$1,800,000
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HB 07
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Periodic Inspections of public & nonpublic schools for mold an moisture problems
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MANDATE: Annual
, costs vary in succeeding years.
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$1,000,000
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HB 83
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Automatic expungement of Possession of Marijuana convictions
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FISCAL NOTE says "significant increase in general funds (potentially several million dollars annually)"
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$2,000,000
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HB 84
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Prohibiting SHA from doing any construction work between 10 pm and 6 am the following day
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FISCAL NOTE says: "expenditures increase, potentially significantly"
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$800,000
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HB 127
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Maryland arts and culture grant program
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MANDATE: Annual through 2027
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$10,100,000
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HB 128
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Body worn cameras for state police
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Annual, minor variations in succeeding years
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$3,300,000
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HB 136
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Creates new board of On-Site Wastewater Professionals to regulate on-site wastewater services & licensing
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Annual ascending amount
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$437,800
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HB167
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Establishes an entitlement program to provides State payments to private colleges for "unserved" student populations
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Same amount as given to public colleges. Estimate; Annual
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$1,300,000
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HB 188
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Creates a new program called HealthCareMaryland, for eligible residents
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Imposes a new 10% payroll tax
; special fund + payroll tax - annual
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$45,700,000
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HB 202
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Creates new program to give grants to local school system to implement "restorative approaches" to teaching and discipline
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Annual, with standard increases.
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$3,076,500
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HB 205
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Requires MDOT to redirect funds to complete the planning for the Southern Maryland Rapid Transit Project
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MANDATE. $12 million in FY 2022; $15 million in FY 2023
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$27,000,000
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HB 245
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Creates program to allow for voter registration & voting at each public higher education institution in Maryland
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MANDATE on local governments; Annual
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$102,500
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HB 331
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Requires development of guidelines for administering medical marijuana during school and after-school hours
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One-time only
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$127,800
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HB 01
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Built to Learn Act, to build new or renovate schools in Maryland
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The funds appropriated annually are to be collateral for long-term bonds
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$125,000,000
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HB 346
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Establishes an independent committee to conduct redistricting
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Expense is once every ten years
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$3,500,000
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HB 348
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Requires State to pay AP exam fee for lower-income students
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Estimated; Annual
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$1,100,000
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HB 359
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Extends and increases tax credits for purchase of electric vehicles
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Annual, next 3 years; pending further extension.
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$29,800,000
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HB 368
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Requires that MDOT redirect funds to MTA to increase operating and capital for the next five years
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MANDATE. Requirement MAY cause budget increase if same funds were budgeted for other projects
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$523,200,000
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HB 423
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Adds formula funds back into the community college budgets for this year
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Annual
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$6,700,000
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HB 432
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To convert MTA buses to electric
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Annual, beginning in FY 2023
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$20,600,000
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HB 472
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Provides financial assistance for community development & organizations
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Annual
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$5,000,000
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HB 475
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For scholarships to students with disabilities in community colleges
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Annual
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$2,500,000
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HB 514
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To enhance grants to eligible small businesses
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Annual
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$1,300,000
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HB 521
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Creates a program to help small businesses apply for federal grant money
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Annual
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$460,000
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HB 559
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Requires funds be budgeted to ensure that the value of Temporary Cash Assistance" combined with fed. food stamps equal rising percentages of the State minimum living level
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MANDATE; Goes from 64% in FY 2022 to 71% in 2026 and thereafter
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($6,200,000) $25,600,000
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HB 564
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To provide up to $1,000 a month subsidies to low-income seniors to reside in assisted living facilities
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State has similar program; this bill increases funding; amount hard to assess. Number is estimated. Annual
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$2,300,000
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HB 584
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Requires the State to reimburse Adult Day Care Centers for partial days, under certain circumstances
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ENTITLEMENT: Increase is very difficult to determine; Number is estimated. Annual
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$1,000,000
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HB 606
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Requires Governor to include a sum certain in the existing Community Development Fund
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MANDATE: Annual
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$5,000,000
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HB 629
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Requires State to deposit $100 in an omnibus college savings account for each child born or adopted, beginning Jan 1, 2022
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MANDATE: Continues for six years. Final year amount is at least $5,600,000 since program ends mid-year.
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$7,400,000
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HB 659
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Increases pensions for law enforcement officers
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Annual, with standard increase
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$5,170,000
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HB 698
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Increases benefits under SNAP (Supplemental Nutrition Assistance Program) f/k/a. Food Stamps
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MANDATE, Annual
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$1,000,000
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HB 689
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To make Maryland's environmental policy consistent with "National Environmental Policy Act." Bill is contingent upon the adoption of the NEPA rule change.
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If contingency is met, likely results in a significant increase due to an increase in administrative costs & the expanded requirements. Bill affects many, if not all, State agencies. Includes an increase in the types of State actions that trigger MEPA oversight, and more extensive environmental reviews. Issuance of State authorizations, permits, and certifications will now be subject to MEPA review.
EXAMPLE: MDE's Wetlands and Waterways Program anticipates staffing costs increase by 25% to implement the additional oversight
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Too many taxes!
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In addition to overspending, the legislature is planning on increasing our taxes.
HB 1628 that we mentioned last week, had a hearing on Monday. A committee vote is likely to come soon, in order to provide funding for the Kirwan bill.
HB 1543 is another tax bill filed this year that will create additional "fees" (taxes!).
This bill assesses taxes on polluters, but directs $350,000,000 of the funds collected to the Kirwan
Blueprint for Maryland's Future!
It is summarized below.
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HB 1543 -- Climate Crisis and Education Act
, purports to eliminate greenhouse gas emissions by 2040. This bill has 68 co-sponsors.
The bill creates several new "fees," (meaning, taxes).
1. A Greenhouse Gas Pollution Fee. This Fee is to be collected on all (f) fossil fuels brought into the State, and (2) electricity used in the State that is generated by fossil fuels. The fee assessed per ton of carbon dioxide
equivalent multiplied by:
- For non-transportation fuels, $15, increasing to $60 in 2030 and thereafter through 2029
- For transportation fuels, $10 increasing to $37 in 2030 and each year thereafter.
- Per kilowatt hour on each electricity supplier
The fees collected above are specifically directed into the following Funds:
- KIRWAN FUND: $350,000,000 of the fees go to support the Blueprint for Maryland's Future's
- BENEFIT FUND: This Fund will get the lesser of one-half the total amount of fees collected, or whatever remains after the payment to Kirwan.
- INFRASTRUCTURE FUND: Gets whatever's left after the above distributions, PLUS
2. A fee that will be charged on new motor vehicles with an EPA carbon dioxide pollution rating above the minimum. The fee will be calculated by using the results of a vehicle's emissions test. If that test indicates that the vehicle is emitting more than the 400 grams per mile "minimum level," a fee will be determined by multiplying the vehicle's carbon dioxide overage by $1.25. The 400 gram minimum will decrease each year by 10 grams per mile; the $1.25 will be increased by $0.25 annually.
This fee will NOT be charged on commercial trucks; agricultural vehicles; public transportation vehicles; ambulances; or state, county or municipal vehicles used for work.
Seems this bill is aimed directly at personal automobile users.
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Cl.Transportation
Sub-Committee hearing on Kirwan b
ill amendments
called "a sham!"
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Minority Muzzled
This past Thursday, the House of Delegates Ways & Means Committee held a hearing on HB 1300, the 172-page "Kirwan" bill that will "totally transform" the k-12 school system in Maryland.
Approximately 300 proposed amendments to the Kirwan bill that had been submitted by members of the House. Unfortunately, we have no idea what was in 200 of them.
You would think that, with a
super-majority in both the house and senate, Democrats wouldn't have to stoop to dirty tricks to get this bill passed.
You'd be wrong.
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FIRST, the committee's Democrat leadership
unilaterally pared the number of amendments down from 300 to 100 --
without any input from the minority Republican committee members or leaders.
SECOND, they wouldn't let the minority members even
see the 200 amendments they discarded.
THIRD, wouldn't let the minority members have copies of the amendments that were being discussed during the hearing, and
FINALLY, t
hey compressed the hearing on those 100 amendments into a 30-minute speed-read fiasco!
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To add insult to injury, the Ways & Means Committee literally
hid all of the amendments -- except one.
Having closely followed the progress of Kirwan for the last three years, I asked my Legislative Aide, Chelsea Murphy, to go to the Committee room and get a copy of any amendments submitted.
She was told to look in the Kirwan amendment file. There was exactly one amendment in there: MINE.
Upon asking, Chelsea was told, 'well, if that's the only one in there, it's the only one we've gotten.' Fortunately, I had previously gotten copies of about seven early amendments, from one of the committee members. When Chelsea pointed out that we
knew there were more amendments, the response was, "well, I guess they haven't been filed, yet."
As you might expect of a diligent legislative aide, Chelsea asked if she could just look through the unfiled amendments; she was told, no.
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WHY THE RUSH?
The Pragmatic Reason
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I surmise that there are two reasons the majority leadership is rushing to push this legislation through as fast as they can.
The pragmatic reason is that the Kirwan legislation is, as Chairman Kirwan likes to say, 'a transformational program' that needs all the various pieces of the legislation to stay intact for it to be successful.
The longer people have to read and study the 172-page bill, the more likely it is that various interest groups will find fault with some part of the bill, and with more time, be able to put together a lobbying effort likely to change significant parts of the bill.
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The Political Reason
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The political reason is very simple. The majority wants to get this bill through the legislative process and onto the Governor's desk in time to take a veto override vote this session. (assuming the Governor intends to veto the bill.)
If the Governor fails to sign or veto a bill within ten days following its receipt from the General Assembly, the bill will be
deemed vetoed. The General Assembly then has the right to take a vote to override the governor's veto--
provided we are still in session.
If there are fewer than ten days left in session, the Governor can simply hold the bill. The ten days will run out
after Session ends and the majority party must wait until the next session convenes, nine months later, to take a veto override vote.
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Cl.Transportation
The Womens Legislative Caucus Celebrates
Women Veterans
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Cl.
Delegate Kittleman Scholarship
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District 9-A Residents:
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High school seniors, current undergraduate students at a 4-year college, a community college, or a private career school are eligible to apply for a Legislative Scholarship.
For questions regarding the application process, call my Annapolis office and speak with Chelsea Leigh Murphy, my Legislative Aide, at 410-841-3556.
Please be sure to have your completed application postmarked
by April 1, 2020
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Delegate Trent Kittleman
District 9A, Western Howard County and Southern Carroll County (Sykesville)
Room 202, Lowe House Office Building
6 Bladen Street, Annapolis, MD 21401
Interim Office
3000 Kittleman Lane, West Friendship, MD 21794
Administrative Aide: Chelsea Leigh Murphy
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