Delegate Sandy Rosenberg

April 1999        

Dear Friend:

I am writing to discuss the outcome of legislation that I introduced and worked on during this year's General Assembly Session.

CAPITALIZING ON THE TOBACCO SETTLEMENT

The tobacco companies have known for a long time that cigarettes are deadly. Yet they kept this information from  the public and cynically marketed their product to young people.  The harm their conduct caused for countless individuals and their families is unprecedented.

Over $4 billion will be paid to Maryland over the next 25 years under the settlement of the lawsuits brought against the industry by Maryland and other states. Preventing teenagers from smoking will be our first priority in spending this money under House Bill 751, which I introduced.

With the passage of my bill, at least half of this money will be spent on the following: reduction of tobacco use by minors; public education campaigns to discourage tobacco use; smoking cessation programs; enforcement of the laws regarding tobacco sales; prevention, treatment, and research concerning cancer, heart disease and lung disease; providing primary health care in rural areas and those communities targeted for marketing by the tobacco industry;  substance abuse treatment and prevention programs; alternative crop uses for agricultural land now devoted to tobacco; and providing health care to the uninsured through the Maryland Health Care Foundation

I introduced House Bill 55, which would have raised the tobacco tax  by $1.00 but returned the revenue generated to wage earners. A state income tax deduction for the federal payroll taxes on up to $35,294 of income would have saved $148 for a family of four with a $40,000 income. This bill would have deterred youth smoking and given working men and women tax relief. HB 55 did not pass, but I will continue to work on returning this money.

   
ABANDONED HOUSING IN BALTIMORE CITY

Approximately 40,000 abandoned houses in Baltimore City are a major obstacle to neighborhood redevelopment and safety.  I introduced House Bill 1181, which will expedite the City's efforts to deal with these derelict properties.

Enactment of this bill will allow the City to use "quick take" procedures to gain possession of these properties. The City will file a petition in the District Court to have a property condemned as abandoned and gain immediate possession of it, instead of waiting 9-12 months.

A house will be considered abandoned if it is unoccupied and unfit for habitation, with rehabilitation costs that significantly exceed its  market value. In addition, the owner of the property must have failed to comply with a violation notice. If 70% of the dwelling units on a block meet these conditions, all of the others will be considered abandoned as well.  The City will now be able to remedy the entire block, instead of acting in a piecemeal, house-by-house manner. The City currently plans to condemn all of these properties by 2007, and I will seek state funds to expedite this process.

RELIGIOUS FREEDOM

Government actions can have the unintended effect of restricting an individual's religious exercise. Imposing a hardship on  someone because of his or her Sabbath observance and blocking the location or expansion of a house of worship are but two examples.

The federal Religious Freedom Restoration Act (RFRA) prevented any level of government from substantially burdening a person's exercise of his or her religious belief, unless it was furthering a compelling state interest by the least restrictive means. This was the standard of review under the First Amendment's Free Exercise Clause that federal and state courts used for nearly 30 years.

The Supreme Court held in 1997 that the Congress had exceeded its enumerated powers by applying RFRA to state and local governments. However, that does not prevent the General Assembly from enacting a similar law.   Protecting our First Amendment freedoms is a long standing passion of  mine, as both a legislator and a citizen. Last year, you might remember, I introduced legislation on this issue. Local governments were concerned that the bill would result in more protection for religious exercise than was the  case when the courts used the compelling state interest test.

This year's version, House Bill 966, would have restored the status quo, the Maryland Attorney General's Office advised me. Nonetheless, since some people thought my bill provided too much protection for religion and others believed it didn't do enough, HB 966 did not pass.

I also worked on the issue of religious divorce. If an Orthodox  Jewish man seeks a divorce and withholds a get from his wife, then she is unable to remarry, according to Jewish law. Under House Bill 430, if a person was wed in a religious ceremony and subsequently sought an annulment or a divorce, that individual would have to submit a sworn statement to the court that he or she had taken all steps solely in his or her power to remove all barriers to the other person's remarriage.

The Judiciary Committee amended HB 430 to remove language ensuring that the annulment process of the Catholic Church would not be affected. This raised concerns on the House floor, and the bill did not pass.

HATE CRIMES

In 1988, the General Assembly enacted legislation making it a  separate criminal offense if a person "harasses or commits a crime upon a person or that person's property because of his or her race, religious beliefs, or national origin." I sponsored this legislation, commonly referred to as the hate crimes statute.

In response to the heinous murder of Matthew Shepard, I introduced  House Bill 969, which would amend the hate crimes law to include sexual orientation. The irrational hatred of gays that motivated his murderers is no different from bigoted actions prompted by racial or religious prejudice.  Although my bill passed the House, it was never voted upon in the Senate.

REPRODUCTIVE RIGHTS

The violent tactics designed to intimidate people who work in or seek health care at medical facilities that provide abortions prompted me to introduce a bill to amend the existing statute criminalizing  interference with access to or egress from a medical facility. Maryland was  the first state to enact such a law, which I co-sponsored in 1989.  House Bill 964 would have made it a crime for a person to physically  follow or maliciously engage in a course of conduct that alarms or harasses an individual who enters or exits a medical facility, with the intent to harass or alarm the individual after reasonable warning or request to desist.

Although HB 964 did not pass, it prompted the Judiciary Committee to amend House Bill 233. This legislation, which was enacted, will enable a woman who sought an abortion or other reproductive services to obtain a  "peace order" from a judge if someone had committed certain criminal acts against her following a visit to a medical facility.

If the judge finds it likely this conduct would continue, an order  will be issued requiring the individual to refrain from committing or threatening to commit these criminal acts. A violation of the order could result in a finding of contempt and criminal prosecution.

WELFARE REFORM

Maryland's welfare rolls have declined more than 50% since January, 1995.  For the last five sessions, I have been the leader in the House of Delegates on this issue. This year, I successfully co-sponsored House Bill 1059, which  requires the State government to implement a plan for recruiting and hiring   welfare recipients. How best to provide job skills upgrades for former welfare recipients, as well as other members of the work force, is an issue I will study this summer.

REGIONAL COOPERATION

The counties surrounding Baltimore City are not immune to the City's problems. Schools, crime, neighborhoods, and the economy are  all affected. Regional cooperation is an effective and needed way to address these issues.

Joint efforts to enhance the economy would have been funded under the Regional Economic Competitiveness Fund that House Bill 802 would create. This legislation is modeled upon a Virginia law that has created a series of economic incentives for cooperation between governmental entities, in such areas as worker training and industrial site development. HB 802 passed the  House, but the Senate referred it to an interim study on the consolidation of Maryland's economic development loan and grant programs.

House Bill 970 would have promoted regional cooperation in metropolitan Baltimore by pooling 10% of the growth in property tax revenue from the City and its neighboring counties. These funds would be used to  promote public safety, economic and workforce development, and conservation of older neighborhoods.

Although HB 970 did not pass, Speaker Taylor has suggested that a summer study group examine ways in which each region can better coordinate, evaluate, and implement responses to its particular challenges. The Speaker has also charged me, as the new House chair of the Joint Audit Committee,  with exploring how we can foster regionalism.

42nd DISTRICT NEIGHBORHOODS

Pimlico Race Track's future is of great significance to Mt. Washington and other nearby neighborhoods and  institutions, such as Sinai Hospital. Governor Glendening proposed that the track's owners submit a detailed plan for substantial capital improvements. In developing that plan, Pimlico must consult with affected neighborhood groups and ensure that any improvements are compatible with existing City Council ordinances. That requirement was included by the Governor at my urging, with the support of my 42nd District colleagues, Senator Barbara Hoffman and Delegates Jim Campbell and Maggie McIntosh.

In response to neighbors' concerns, a new state police crime lab will not be built on a residential portion of Slade Avenue. We are continuing to work with State and Baltimore County officials to find an appropriate location for this facility in Pikesville.

Money for capital improvements affecting our district was obtained through the efforts of the delegation. State funds will help build a Police Athletic League facility behind Reisterstown Road Plaza and renovate and expand Baltimore City Clayworks, which provides community centered artistic and educational programs to adults and children at its Mt. Washington site.

ZERO TOLERANCE FOR CRIME

Several cities have significantly reduced their crime rate by cracking down on minor offenses and expediting the processing of criminal charges. The "broken windows" theory holds that, just as permitting one broken window to remain unmended invites vandals to damage others, ignoring minor offenses leads to the commission of serious crimes.

I introduced House Bill 753, which would clarify the circumstances under which police officers can make a warrantless arrest and charge the individual by citation for minor crimes. Instead of taking a statement at the police station or transporting the perpetrator to the Central Booking Facility, officers would stay on the beat to prevent and respond to other crimes. This flexibility will give the police greater ability to deter crime in our neighborhoods. The penalty for the offense remains the same. My bill passed the House, but time ran out before we could discuss the amendment adopted by the Senate, and the bill died.

Citizen involvement in fighting crime through neighborhood patrols is a vital prevention measure. Several communities in the 42nd District have such volunteer efforts.. I was instrumental in creating the state grant program that assists these endeavors. House Bill 681, which I introduced, extends the authorization for this program. It was enacted.

THE INTERNET

The growth of information and commerce on the Internet is astounding. A comprehensive approach to this medium is preferable to a hodgepodge of regulations. I introduced House Bill 684, which mandates that the State Information Technology Board develop standards and make recommendations regarding commerce, crime, privacy issues, and the provision  of health care on the Internet. HB 684 was enacted.

In the Industrial Age, smoke stack industries needed to be near power and a ready source of transportation. In the Information Age, businesses must be near a ready source of access to the Internet. The capacity to convey information is crucial to spurring academic research, economic development, advances in medical care, and citizen interaction with government.

Last year, I successfully sponsored legislation creating a task force to study what the public and private sectors should do to increase our capacity to carry information on the Internet. To begin implementing the task force's recommendations, we appropriated $8 million this year for a state-wide fiber optic system, Net.Work Maryland.

PUBLIC HEALTH

A man with a history of mental illness recently shot and wounded a stranger in downtown Baltimore in broad daylight. Two Capitol Hill policemen were murdered last summer by a mentally ill patient who had refused medication.

I have worked for quite some time to find a way to ensure that people with mental illness receive the services they need so that they are not a danger to themselves or to others. Recently, New York conducted a pilot program where patients were required, by court order, to take medication. Outpatient services were also enhanced so that court action would remain a tool of last resort. Maryland's Health Department will study whether to create a similar program under a provision inserted in the budget bill by the Subcommittee on Health and Human Resources, which I chair.

Preventing lead paint poisoning among children is also a longstanding concern of mine. My subcommittee directed the State to study how to ensure that Medicaid eligible children are screened for lead poisoning and their homes abated, when necessary, in a cost effective and medically sound way. Managed care must not mean less care for these children.

EDUCATING STUDENTS AND PARENTS

Parental involvement is vital to the education of our children. Parents at the Neighborhood House Charter School in Dorchester, Massachusetts must sign a contract outlining several requirements. These include signing off nightly on homework, volunteering in the school, and coming to parent-teacher conferences. In response to my urging, Robert Booker, Chief Executive Officer of the Baltimore City Public Schools System, is seriously considering adopting a similar arrangement.

Literate parents can earn a better living and also help their children learn how to read. At my suggestion, Governor Glendening will spend $2.1 million on adult literacy projects, 2/3 of which will be spent in Baltimore City.

I hope that this newsletter has given you an insight into the issues I worked on this past session.  If you want to contact me with your views about the issues I'm working on or any other topic of interest to you, please send an e-mail message to Delegate Sandy Rosenberg. (Please provide your mailing address so that I can contact you by snail mail as well.)

If you want information on any of the bills that have been introduced in the Maryland General Assembly, visit the General Assembly web page.