2003 General Assembly Session Newsletter
Delegate Samuel I. “Sandy” Rosenberg
41st District, Baltimore City
Dear
Friend:
I
write to discuss with you the issues I dealt with at this year's General
Assembly session - my twenty-first as a member of the House of Delegates.
Balancing
the State budget was the preeminent issue this year. When we were sworn into office this past
January, the State faced a budget deficit of $ 1.2 billion for Fiscal Year ‘04,
beginning July 1. I helped to shape the
House Democrats’ fiscal policy as a member of the Speaker’s senior leadership
group. As the majority party in the legislature, we must address the deficit
with a combination of spending reductions, increases in the income or sales
tax, and programmatic reforms.
We
have passed a balanced budget, but the projected gap for FY ‘05 is $ 800
million. Next January, the Governor
will submit a budget. Without
additional revenues from taxes or slots, his budget will not fully fund the
Thornton formula for K-12 public school
education. It will make significant
cuts in various state programs. It will
also make serious reductions in aid to local governments. That will result in protests from Mayor
O’Malley and county executives that local property taxes must be raised.
Faced
with cuts to specific programs, the General Assembly will enact an increase in
the sales or income tax and, more likely than not, a slots bill. The Governor will try to label us “tax and
spend” Democrats. We will respond that
tax increases are needed to pay for the important programs he has not
funded. The party that wins this debate
will win the State House in 2006.
SLOTS AT PIMLICO
The
Governor’s bill legalizing slot machines was the most controversial issue in
Annapolis this year. I represent the
neighborhoods adjacent to Pimlico Race Track, which would be severely affected
by slots. Consequently, my highest
priority this session was to make sure that the slots bill did not pass unless
it provided sufficient money and legal assurances to address the legitimate
needs of these communities.
My
41st District House colleagues, Nathaniel Oaks and Jill Carter, and I met with
neighborhood leaders to learn of their objections to this legislation. We also arranged a meeting for them with the
Speaker of the House so that they could convey their concerns directly to
him.
Their
principal goals are: a traffic study on the impact of slots on the
neighborhood’s residential streets, which are already overburdened by commuters
from Baltimore County; in light of the track’s poor history of keeping its
commitments, a master plan for capital improvements with penalties for
non-compliance; a minimum of $20 million of gaming revenue for streets,
sanitation, safety, and redevelopment; and an annual review of the track’s
license, assessing the impact of slots on the community.
As you surely know, the Governor’s bill did not pass.
Nonetheless, the House will be studying the slots issue this summer. I will remain very involved so that my
communities’ needs are met.
CIVIL RIGHTS For the first time since the Congress passed the
Civil Rights Act of 1964, the federal government may limit the states’
authority to protect their citizens from discrimination. Under the proposed
charitable choice regulations for the federal welfare reform program, faith-based
providers would be exempt from state
and local employment discrimination laws. However, a state law that
prohibits or restricts the “expenditure of State funds in or by religious
organizations” would not be preempted.
That’s why I introduced House Bill 425. Maryland law
already requires that each State procurement contract prohibit discrimination
in any manner by the contractor against an employee or applicant for employment
because of sex, race, age, color, creed, or national origin.
HB 425 would also prohibit such discrimination on the
basis of sexual orientation, genetic information, or disability. It is already
illegal for companies with more than 14 employees to discriminate on the basis
of these criteria under Maryland’s human relations law, with the exception of
religious organizations and sexual orientation.
Under my bill, however, faith-based groups could not
discriminate against a gay or lesbian employee or job seeker when contracting
with the State. The reason: when a private institution or
company uses the state’s money, the government has the right to attach
conditions. That’s what the Supreme
Court said in Rust v. Sullivan, when it upheld a law that prohibits
doctors who receive federal family planning funds from “engaging in activities
that encourage, promote or advocate abortion as a method of family planning.”
This legislation passed the House of Delegates,
77-53, but it was never voted upon by the Senate committee to which it was
referred. I will reintroduce it next
year.
State governments have been exempted from several
civil rights statutes under a series of 5-4 rulings by the Supreme Court. The federal government must still abide by
these laws. So must virtually every
large private business or non-profit organization in the country.
State employees, however, are no longer protected
under the Fair Labor Standards Act, the Americans with Disabilities Act, the
Age Discrimination in Employment Act, and the Family and Medical Leave
Act. Under House Bill 479, which I
introduced, the state would have waived its sovereign immunity, allowing its
workers to sue for violations of their rights under these laws and all of its
citizens to sue for violations of the Americans with Disabilities Act.
Simple fairness is the principle at stake here. State employees and their fellow
Marylanders with disabilities should not be denied the legal protections
afforded the vast number of Americans. Unfortunately, this bill received an
unfavorable report because of exaggerated concerns about the cost to the State
of defending against potential lawsuits.
REPRODUCTIVE FREEDOM Couples who turn to in-vitro
fertilization to have a child often have to decide what to do with unused eggs,
sperm and embryos. These problems also arise if they divorce or separate or one
individual dies. Under House Bill 481,
every couple would be required to sign an advance directive, stating their
intent in these circumstances. Most, if
not all, health care providers require that such forms be signed. However, HB 481 is necessary for them to be
legally protected if they dispose of the frozen eggs, sperm, or embryos. HB 481 passed the House, 88-46. It failed on a tie vote in a Senate
committee but will be back next year.
House Bill 482 would make it the public policy of
Maryland to allow stem cell research, with full consideration of the
ethical and medical implications.
California has passed a similar law.
Two of my witnesses were cutting edge researchers at Johns Hopkins. Another, Jay Brodie, is a friend who
recently lost his wife to Lou Gehrig’s disease. HB 482 did not pass, but it will receive further study by my
committee this summer.
In both instances, the opponents of these bills
contended that it has been scientifically proven that life begins with
conception. One even said that Roe
v. Wade recognizes that the state has “a compelling interest” in human
life. True, but Roe holds that
this interest does not justify limits on a woman’s reproductive decision making
until the third trimester.
BLIGHTED NEIGHBORHOODS The City can go to court to take immediate possession of
abandoned property under the “quick take” law.
Dilapidated, but occupied, properties cannot be condemned with this
accelerated process. This delays a
developer’s efforts to remake an entire
block. Who would want to live in a
new home that is right next door to a crack house?
At least 14,000 properties sit vacant in Baltimore
City. Removing this blight was a
priority this past election of Baltimoreans United in Leadership Development
(BUILD), a faith-based, city-wide citizen organization. Working with BUILD, I sponsored House Bill
424, which was enacted. This
legislation will expand “quick take” to include deteriorated properties where
the City has performed at least $1,000 worth of repairs or units that are a
serious and growing menace to the public health, safety and welfare, with a
Housing Code violation that the owner has flouted.
I also introduced House Bill 486, which would have
created a Blighted Areas Redevelopment Fund, to demolish these properties and
redevelop these communities.
Philadelphia has set aside $300 million over a five-year period for this
purpose; my bill would have earmarked $200 million over four years. Although HB 486 did not pass, this issue is
on the agenda of the Task Force on Housing appointed by the Governor.
MENTAL HEALTH Mentally ill patients who do
not receive the right treatment at the right time often become sicker - at risk
to themselves and others. This may result in their
being hospitalized, which costs far more than even the most expensive
psychotropic drugs.
If a Medicaid recipient is having problems getting
necessary medicines, that person or their health care provider will now be able
to contact the hotline that will be established under House Bill 363, which I
introduced. The state Health Department
will also develop a method to track the number and type of calls and provide a
quarterly report summarizing this information.
Young children who are
emotionally, physically and mentally stimulated will be better prepared to
enter school than their counterparts who are not. House Bill 360, which I
sponsored, will establish guidelines for two existing early childhood mental
health pilot programs in Baltimore City and the Eastern Shore. It also requires them to submit an
evaluation by December 31, 2005 to the
Governor and General Assembly. Both of
these bills were enacted.
LEAD PAINT POISONING Preventing lead paint
poisoning among children has always been one of my highest priorities. A child’s chances of being poisoned are dramatically lower if he
or she lives in a property where the landlord has complied with the risk
reduction requirements in the landmark law I sponsored in 1994. Bolstering enforcement of that statute was
my goal this session.
I co-sponsored two bills that were enacted. House Bill 722 requires local governments to
report noncompliant landlords to the State.
Paint retailers will have to display a poster describing the dangers of
lead paint, with the phone number people can call for assistance, with the
passage of House Bill 719. Landlords
could not have taken a tenant to Rent Court without proof they had complied
with the 1994 law, under House Bill
720. This bill did not pass, but I
will reintroduce it next year.
Preventing bad things from happening is also a major
part of my job. An amendment to the
budget by the House Appropriations Committee expressed intent that this would
be the last year of State funding for Baltimore City’s Lead Hazard Reduction
Program. The committee also mandated a
report examining the feasibility of abolishing the state Department of Housing
and Community Development. I was
instrumental in having both of these provisions stripped from the budget bill.
TOBACCO SETTLEMENT We should treat and prevent
the ills caused by cigarettes with the money the State is getting from its
lawsuit against Big Tobacco. Under the bill that I
introduced in 1999, Maryland did just that, targeting at least 50% of these funds for cancer prevention, education,
screening, and treatment programs; smoking cessation programs; discouraging
minors from smoking; crop conversion; and substance abuse treatment.
However, diversions to the Medicaid program in the
last two years have reduced the allocation of this money to smoking’s victims
from 66% in FY 02 to 39% in FY 04.
House Bill 247 would have provided that appropriations from the
Cigarette Restitution Fund for Medicaid would not satisfy the requirement that
50% of CRF dollars be appropriated for the programs described above. Although HB 247 did not pass, another bill
was amended to require that at least $21 million be spent on activities aimed
at reducing tobacco use. It is
essential that we direct these funds to serve the people hurt most by the
negligence of the cigarette industry.
PUBLIC SERVICE Whistleblower laws are
essential to the integrity of State government and of private industry, as the
Enron scandal demonstrated. Workers
who, in good faith, report wrongdoing
should be protected from retribution.
Existing law protects only executive branch
employees. House Bill 403 extends the
whistleblower statute to employees of the legislature, as well as employees of
private companies that contract with the State to provide goods or
services. We extended whistleblower
protections to private sector employees last year with the passage of the
Health Care Worker Whistleblower Protection Act. The judicial branch was amended out of HB 403 because it has
begun developing its own whistleblower protections, in response to the
introduction of my bill. Although HB
403 passed the House, 137-2, no vote was ever taken on it by the Senate Finance
Committee.
SOCIAL WELFARE To preserve the public’s
confidence in how their tax dollars are spent, government must spend money
wisely. That’s why I introduced legislation to
create the Task Force on Child Welfare System Accountability. We must improve our system for monitoring
and protecting the children who are in the State’s care. The costs of caring for children who have
not been provided for by current State programs far outweigh the costs of
effective oversight.
House Bill 480 would have established a task force to
determine a method for estimating the extent of child abuse and neglect in the
State; develop a list of performance measures and qualitative assessments that
will help the State monitor safety, permanency, emotional well being and
educational development of children within the child welfare system; and
determine how the State can identify and initiate best practices in all aspects
of child welfare. Prompted by HB 480,
the budget committees mandated this study in the budget bill.
NEIGHBORHOOD ISSUES Slots was not the only issue
where I went to bat for the neighborhoods in the 41st District. The Blythewood community is very concerned
about the traffic impact of a driveway under consideration by the College of
Notre Dame. I helped secure a
commitment from the college not to move ahead with this entrance until the
summer of 2005.
The Uplands Apartments have been a consistent source
of problems to their Southwest Baltimore neighbors. State dollars will be needed to assist the City in demolishing
this eyesore and then redeveloping the site.
On both of these issues, I am working with Senator
Lisa Gladden and my House colleagues, Delegates Oaks and Carter.
SLAPP suits make the First Amendment an expensive
luxury item. The intent of a
Strategic Lawsuit Against Public Participation is to intimidate neighborhood
residents or associations into silence on zoning or other public issues. To deter these actions against citizens
legitimately exercising their rights, House Bill 113 would expedite the legal
process, allowing a “SLAPPed” citizen to move to dismiss the suit and to stay
all court proceedings. A judge must
find that the suit was brought in “bad faith,” materially related to a
citizen’s communication with a governmental body or the public, and intended to
inhibit the citizen’s right of free expression. HB 113 passed the House overwhelmingly but failed in a Senate
committee, 6-5. I will reintroduce it
next year.
TECHNOLOGY Technology is crucial to
productivity in the private and public sectors. The state’s procurement system is woefully outdated when it
comes to hardware and software, a group of technology entrepreneurs told me
shortly before the session began. That
prompted me to introduce a bill creating a commission to review technology
procurement. My legislation did not
pass, but another bill creating a task force to study efficiency in state
procurement was enacted. I had that
bill amended to include a study of the technology procurement process.
SPORTS AGENTS Sports agents chasing players, players chasing cash,
and scandal- and probation-ridden universities left to deal with the aftermath. The tactics of these unscrupulous agents can
result in the student-athletes forfeiting their eligibility and possibly their
careers. The educational institutions
are hurt financially by sanctions and loss of participation in post-season
events. I introduced House Bill 361,
to conform Maryland’s law to those of twenty states and the District of
Columbia that have adopted the Uniform Athlete Agents Act, easing the way for
good agents to help student-athletes succeed.
HB 361 passed into law.
During the coming months, I will continue to work on
many of the issues I’ve discussed in this newsletter. I welcome your comments on these matters or any other areas of
concern to you.
Yours truly,

Samuel I. Rosenberg
P.S. I wrote a diary over the 90 days of the legislative session. If you’re interested in reading it, go to my web site - http://delsandy.com. If you’d like me to stay in more frequent contact with you, e-mail me at delsandy@aol.com.