I’ve never dreamt of a white Easter, and other adventures

But I thought that was the Easter I was going to get when I woke up this morning to see a coating of snow on the ground. Now I moved down here to get away from this kind of stuff – while the Cleveland Indians had to postpone their home opener yesterday due to snow, for me April has become my new May. May had always been my favorite month because the weather gets warm and you still have 3-4 months of summer weather to look forward to, yet down here April weather is like May weather in northwest Ohio.

And watching the Weather Channel for a bit this morning I never heard a word breathed about “global warming”. Imagine that. Now I’ll not deny that the earth could be in a warming trend. My problem with the global warming fanatics can be summed up in a few sentences.

I just have a difficult time believing that even a nation of 300 million Joe Sixpacks who go out on Saturday afternoon and fire up the charcoal grill after jumping in their SUV and driving a ten mile round trip to Wal-Mart to buy the lighter fluid they forgot has the same impact on the global climate than either the Mount Tambora volcanic eruptions of 1815 (which led to the “year without a summer” in 1816) or the Chinese bulding a new coal-fired power plant every week. Granted, the Chinese are building these mainly because of American consumerism but no one questions their motives.

Even the state of Maryland has jumped into the fray with a “global warming” bill (HB890/SB409). And that provides a nice segue into my last main Maryland legislative checkup for this session. With sine die less than 72 hours away, the time for hearings is just about past and the time for either voting on or dooming a measure is nigh. What I’ll do is go through the status of main bills of interest in this installment (bills I’ve noted in previous installments and tax bills kindly forwarded to me by the Maryland GOP – in other words, useful information) and in my final installment check on how my local District 37 and 38 Delegates and Senators did, and figure out the “king (or queen) of taxation” for the state of Maryland.

So here is a list of how my bills of interest fared. They’re listed in numerical order so HB1 would be first.

HB130/SB101 (from GOP report): This bill would assess a temporary (through mid-2012) fee to certain nursing homes that’s given to the state in order to pay well-performing nursing homes based on certain performance standards, and the federal government provides funds to match the state’s revenue. Personally, I don’t think the federal government should be involved in the health care industry but the bill passed the House 137-0. It awaits Senate approval.

HB131/SB103: The Maryland Clean Cars Act passed the House 122-16 and Senate 38-9. Local Delegates Eckardt and Haddaway properly voted no, the remaining four (Democrats Cane, Conway, and Mathias and Republican Page Elmore) voted aye. District 37 Senator Rich Colburn voted no while my Senator Lowell Stoltzfus voted yes.

HB148/SB634: This is the subvert the Founders’ intent act, or as it’s known locally, the National Popular Vote Act. When it passed the House 85-54, all of the local Delegates voted no except Rudy Cane (who voted yes) and Norm Conway (absent.) So a good vote by Delegate Mathias to buck the Democrat trend. The bill made it through a Senate committee vote yesterday.

HB225/SB211: The death penalty repeal died in committee.

HB273: This bill to restore voting rights to certain felons also died in committee. Maryland already has a law allowing this which I feel is relatively fair.

HB288/SB207: One of several bills that would increase the cigarette tax, the “Healthy Maryland Initiative” has not progressed beyond the hearing stage.

HB289: A bill of local interest, it would’ve allocated $2.5 million in state funds to fix up the Wicomico Youth and Civic Center if the county matched it. This bill was withdrawn.

HB312/SB373: Similarly, if passed the state would match $500,000 raised locally by the Salisbury Zoo Commission for an animal health facility. This bill had a hearing but hasn’t progressed since.

HB359/SB91: The Clean Indoor Air Act passed the House 98-40 and the Senate 33-13, but the bills differ enough that a conference committee had to be convened. On the House vote, Delegates Eckardt and Haddaway voted the way I would have (no) while Delegate Elmore crossed over to join the majority Democrats (including my Delegates Conway and Mathias) in voting yes. Delegate Cane was absent and did not vote. Surprisingly, both of the local Senators also voted aye in their ballot. While I have a controlled case of asthma and don’t mind smoke-free venues (like Delaware has) I still think it should be up to the bar owners.

HB365: This bill sets criteria on when an absentee ballot is received in a “timely” manner. It passed the House 135-0 and was introduced in the Senate.

HB393 (from GOP report): This bill would’ve increased the sales tax from 5% to 6%, with the proceeds placed in a “Mass Transit Account”. So the Eastern Shore would get even more of a competitive disadvantage against Delaware retailers to pay for buses and trains in the DC and Baltimore metro areas. It had a hearing in February but no action taken otherwise.

HB399 (from GOP report): This item has created quite the controversy here in Wicomico County. We have a revenue cap in place here (via voter initiative in 2002) and this bill would allow the County Council to overturn it. The furor arose when the County Council did not vote for asking the state to exempt the county from the bill. Fortunately, it hasn’t progressed beyond the hearing stage.

HB400: The Maryland Universal Health Care Plan (shudder) has not made it out of committee after its hearing. Like a bad penny, I’m sure it will return next session.

HB409 (from GOP report): A change in the recordation tax, it eliminates a loophole where limited liability corporations are exempted from paying this tax. It had a hearing but no further action.

HB414/SB521 (from GOP report): Allows municipalities to tax bars and restaurants 1% of gross receipts. According to the accompanying fiscal note, Ocean City has a temporary tax like this to retire debt on their convention center; this would allow any municipality statewide to do so. It was heard, but no other action has followed.

HB430: The “living wage” bill passed the House of Delegates 88-50 (the vote breakdown is not on the MGA site yet) and the Senate has taken up the bill.

HB434 (from GOP report): Similar to HB393, but only a 1/2% sales tax increase; it was defeated in committee.

HB441: I brought this up a few days ago, it’s also on the GOP report. This bill is the infamous “assault weapon tax”. It was heard March 14, no other action has followed.

HB448 (from GOP report): Expands the areas where sales tax can be collected to a number of services, with the curious exception of the “sale of a parking facility or service by a political subdivision of the state.” Heard but not seen since.

HB475 (from GOP report): While this bill is called the “Public School Construction Assistance Act of 2007” it’s just another recordation tax. Also, there’s $5 million in this for the Maryland Park Service – not sure they construct many schools. The 101-35 House of Delegates vote saw my local Delegates split on party lines – Democrats for, GOP against. It’s stalled in the Senate at the moment.

HB486/SB644 (from GOP report): Another “fund”, this one being the “Maryland Affordable Housing Investment Fund”. And how do we pay for it? An additional 2 cents per $100 tax on property values (utilities would pay 5 cents per $100.) In other words, this would raise property taxes 17.9% overnight. Luckily it’s bottled up in committee.

HB488 (from GOP report): There is a computer recycling pilot program in place, this expands it to other electronic devices and double the fee manufacturers pay the state to sell goods here. It passed the House of Delegates 132-4, with all six of my local Delegates in favor. The Senate has passed this through the second reading.

HB510 (from GOP report): Prince George’s County will get a larger property tax so the state may buy Dimensions Healthcare Systems, Inc. Not being from PG County, I’m uncertain of what troubles DHS is undergoing but the taxpayers will be stuck with the bill regardless. This emergency bill passed the House of Delegates 139-1.

Editor’s note: From fellow MBA member P. Kenneth Burns (Maryland Politics Today) here’s a bit of background on this particular bill.

HB518/SB402 (from GOP report): This allows municipalities to establish and collect a 1% tax on sleeping accomodations (lowered from 3% via amendment.) A 99-37 vote in the House of Delegates passed this along, the Senate is still working on it. Our local Delegates voted on this along party lines with Democrats for and Republicans against.

HB523/SB591 (from GOP report): The fiscal report says it all. “Enabling municipalities to impose a building excise tax in addition to the county building excise tax could significantly affect the cost of housing in Maryland, which is already unaffordable for many families.” But the Democrats in the House of Delegates went right along and voted for it anyway, 102-35. Sadly, local Delegate Page Elmore joined the Democrats in this chicanery, while GOP Delegates Eckardt and Haddaway stayed strong. The Senate hasn’t pushed this through yet.

HB537: A GOP-sponsored measure tightening documentation required to acquire drivers’ licenses died in committee as expected. While I’m not crazy about the federal Real ID Act, this would’ve brought Maryland into compliance.

HB553 (from GOP report): Anytime Democrats introduce “tax reform”, it’s surely another way to increase taxes on whoever is unfortunate enough to be tarred with their brush. This would “reform” corporate taxes on unitary groups. It had a hearing but no further action.

HB572 (from GOP report): Originally, this bill would’ve been a tax surcharge of $1,000 for an individual or $2,000 for a couple if they didn’t carry some sort of health insurance; as amended this bill compels the Maryland Health Care Commission to study the subject. As amended this passed the House of Delegates 137-3, all local Delegates in favor. 

HB581 (from GOP report): This would’ve allowed state property that is leased for use as student housing to be taxed by municipalities. Actually to me this isn’t such a bad idea, but it died in committee anyway.

HB620/SB494: This would have required homeowners insurance companies to provide coverage in certain coastal areas, the House bill was withdrawn after a Senate committee turned thumbs-down on the prospect.

HB659/SB594 (from GOP report): Yes, another fund: the “Maryland Biomedical Product Development Fund.” In realspeak, it’s another 15 cents of cigarette tax. Had a hearing but didn’t get any farther than that.

HB724/SB307 (from GOP report): Allows a county to assess an impact fee on liquified natural gas (LNG) storage facilities. Tailored to a proposed facility in Baltimore County, it does set a precedent for any of Maryland’s 23 counties or Baltimore City to do the same. This had a hearing but no further action.

HB754: If you put the word “children” in a proposed law, it’s sure tough to vote against it. This bill is the “Children and Working Families Health Care Act of 2007.” And how is the health care paid for? By doubling the cigarette tax from $1 a pack to $2! Now I don’t smoke, but my question on cigarette taxes always remains: why tell people to quit on one hand yet raise money from taxation on the other? So the House of Delegates passed this 102-37 in an interesting vote. Locally, voting for the higher tax were Delegates Cane, Conway, and Elmore while against it were Eckardt, Haddaway, and Mathias. The Senate has heard this but has taken no further action.

HB757/SB422 (from GOP report): Doubles the tax on alcohol for yet another fund dealing with addiction and treatment services. I have the same question on this as I do about cigarette taxes, with the exception that I do partake in adult beverages from time to time. Another bill that had its hearing and has quietly disappeared (for this session, anyway.)

HB761 (from GOP report): This would change the vehicle excise tax rate from 5% to 6%. Had its hearing in March and lost momentum afterward.

HB821: This is in the GOP report as well, but I think I alluded to this proposed 10 cent hike in the gasoline tax in a previous post too. Not only would the gas tax go up, this would also end the exemption motor fuel has from the sales tax (double taxation). Again, a bill that got a hearing but advanced no farther.

HB846 (from GOP report): These Democrats, I swear they want to kill Eastern Shore retailing. This is yet another proposal to jack the sales tax up to 6%, this time for an “Education Trust Fund.” Again, this got its hearing but wasn’t acted on further yet.

HB890/SB409: Ah yes, Maryland’s huge impact on global warming. Had they saved the hot air expounded to discuss this idiocy, we may have made more of an impact with less cost to taxapyers. They held House and Senate hearings but the proposal has not moved since.

HB909/SB674: Better known as the “Maryland Energy Efficiency Standards Act of 2007”, the bill cleared committee yesterday. It adds various products to the list of those already covered under existing legislation.

HB930/SB413: A rare victory for a GOP-sponsored bill, this bill (better known as “Jessica’s Law”) makes those convicted of certain sexual offenses on children serve their mandatory minimum sentence without the opportunity for parole. Passed the House of Delegates 138-0 and the Senate 43-4.

HB994/SB475: If the teachers’ unions don’t want accountability, pass this bill. This creates a “Task Force on the Policy and Funding Implications of Requiring Passage of the High School Assessment for Graduation.” The Senate did pass this 43-3, with Senator Colburn voting “aye” and Senator Stoltzfus being one of the three voting no. The House just had a hearing on the Senate version last week.

HB1022 (from GOP report): Yet another expansion of the sales tax to certain services. This bill had its hearing but sits awaiting action.

HB1080 (from GOP report): The infamous “gift card” revenue enhancement, where unused gift card revenues don’t accrue back to the issuer but to the state of Maryland. It was referred back to study by the Economic Matters subcommittee.

HB1144/SB404 (from GOP report): Another tobacco tax, this time on moist snuff. Interestingly, while this starts as a net gain to the state according to the fiscal note, in five years it becomes a net loser of revenue. The Senate bill was killed in committee, thus the House one was withdrawn.

HB1218 (from GOP report): This would’ve eliminated a cap on air quality emissions-based permit fees. It was withdrawn March 23rd.

HB1220/SB901: Also noted in the GOP report, I alluded to this one previously as well. This is called the “Chesapeake and Atlantic Coastal Bays Green Fund”. And of course, the money doesn’t magically appear for this fund, it’s a fee based on new impervious surface square footage. Being in the architectural field, that hits me where I live. Alas, the bill passed the House of Delegates 96-41. On the side of hitting homeowners and other builders with additional fees were Conway, Elmore, and Mathias; standing up for us were Eckardt and Haddaway. Rudy Cane was absent from this vote.

HB1275/SB908 (from GOP report): If you rent a car in Anne Arundel County as a short-term rental (not for vehicle replacement while your car is being repaired), this would be an additional tax on you. Sort of parochial but it’s more of your money for government use. And this is stuck in neutral after its hearing.

HB1282 (from GOP report): Yet another fund, the “Driver Education Program Deaf and Hard of Hearing Access Fund”. Paid for by those who complete drivers’ ed training, the extra dollar would go to this fund. Not a big fee, but it’s a fee nonetheless. The bill was heard but no subsequent action taken.

HB1293 (from GOP report): Would extend the sunset date for an assessment on equine feed from June 30, 2007 to June 30, 2016. Withdrawn.

HB1350 (from GOP report): It’s shocking to see, but here’s yet another tax to pay into a “fund”, this time it would be fees on lawn fertilizer application and wetlands impact. Had a first reading and disappeared without even a hearing.

HB1358: Locally, the Holly Center wanted this bill for allowing state institutions to be in the group of choices allowed for housing a person with profound mental disabilities; unfortunately for them the bill died in committee.

HB1359/SB920: The Holly Center is doing better with its other pet bill, the repeal of the sunset provision allowing them to provide respite care for families who house their developmentally disabled children. It passed the House of Delegates 138-0. The Senate version, however, was amended to only extend the life of respite care through September 30, 2009, so there will have to be a conference on this bill.

HB1393: The Maryland GOP also noticed the ammunition tax, but regardless the bill had its first reading and didn’t even merit a hearing.

HB1420 (from GOP report): This changes the state’s income tax brackets, resulting in a net revenue increase to the state. Yes, another soak the rich provision. A modest drop in taxes for lower- and middle-class individuals of $191 (at most) is outweighed by punishing achievers with tax increases up to $17,870 for a joint return on income of $250,000 (all according to the fiscal note.) They expect about $30 million in increased revenue, but forget that these kinds of policies drive capital outside the state. This had a hearing March 21, and don’t be surprised if this bill doesn’t move quickly – or come up in a later special session.

SB564: A GOP-sponsored bill to allow the voters to decide whether marriage in the state should be between one man and one woman. It would amend the Maryland Constitution so that no court could come back and declare current law unconstitutional. Had a hearing but is bottled up otherwise. Are you kidding? Do you honestly think Democrats want anything sure to drive social conservatives to the polls? Please.

SB597: Another GOP-sponsored bill that would require voters to show photo ID at the polls. Because it’s common-sense protection against voter fraud, the Democrats have no desire to see this bill go forward after begrudgingly allowing it a hearing.

SB598: After all of the complaints about political phone calls being placed to people who have their numbers on a do-not-call registry (I know a lot of Republicans complained about the number of calls they got) you would think this is a no-brainer. Well, I guess the Democrats figured they needed something for their unionista toadies to do at campaign time so they killed this in committee.

SB761: Changes the self-defense rules so a person doesn’t have to show they retreated or attempted to escape before claiming self-defense (the threat itself is enough.) This GOP-sponsored bill had its hearing but has had no action since.

SB762: The same fate has befallen this bill, another common-sense idea for “shall-issue” handgun permits. In other words, if this passed, there wouldn’t have to be a “compelling reason” given to receive a handgun permit.

This is a synopsis of just some of the 2,496 bills and resolutions introduced in this 2007 General Assembly session. I covered 82 bills and it took me about 5 hours to write all of this. When I do my local folks that will be another several hours, but I enjoy the research anyway. I encourage people to scope out the General Assembly website and find out what the people you helped to elect are up to – you will certainly be shocked, amazed, surprised, and angered depending on how you feel about things.