ISSUE JUICE: Roll Calls on Transgender, Minimum Wage, Estate Tax & Pot Bills // PLUS: Purple Line, School $, Privacy & More!

Below Maryland Juice provides a round of updates regarding hot button legislation in the Free State:

JUICE #1: ROLL CALL // TRANSGENDER NONDISCRIMINATION BILL PASSES STATE SENATE - After years of stalled efforts, the Maryland Senate passed the "Fairness for All Marylanders Act" (32-15) to provide transgender residents protection from discrimination. 4 Democrats joined 11 Republicans in voting against the nondiscrimination bill, while only 1 Republican voted in favor of transgender nondiscrimination. See the names of lawmakers who broke party lines below:

Democrats who voted against transgender nondiscrimination:

• John Astle (D30)
• Ed DeGrange (D32)
• Roy Dyson (D29)
• Jim Mathias (D38)

Republicans who voted for transgender nondiscrimination:

• Allan Kittleman (D9)

The measure now awaits consideration in the House of Delegates, where we expect it to pass, given its broad support (eg: 61 members co-sponsoring the bill).


JUICE #2: ROLL CALL // $10.10 MINIMUM WAGE INCREASE PASSES HOUSE OF DELEGATES WITHOUT INDEXING - Last week the Maryland House of Delegates approved an increase in the state's minimum wage to $10.10 an hour. The vote was 89-46 (via Washington Post), but according to a press release from Raise Maryland, the bill was watered down a bit along the way (excerpt below):

RAISE MARYLAND: Key provisions of the Maryland Minimum Wage Act of 2014 were stripped out during consideration of the bill in the House Economic Matters Committee.  A proposal to index the minimum wage so that it would rise during to keep pace with the cost of living was amended out of the bill. A measure to raise wages for tipped workers from 50 to 70 percent of the minimum wage has been changed to freeze tipped wages at $3.63, the current rate. This amendment means that as the minimum wage rises, tipped worker’s pay would remain at the current level, giving them a pay cut. Advocates are working to keep address these issues in the Senate version of the bill, as well as an amendment that broadly exempts amusement parks....

Every Republican Delegate voted against the minimum wage increase, along with 7 Democratic members of the House. See the names of lawmakers who broke party lines below, along with a few members for whom there is no vote recorded either way:

Democrats who voted against a $10.10/hour minimum wage:

• Pamela Beidle (D32)
• Eric Bromwell (D8)
• Norm Conway (D38B)
• Kevin Kelly (D1B)
• Joseph Minnick (D6)
• David Rudolph (D34B)
• John Wood (D29A)

Democrats with no recorded final vote on a $10.10/hour minimum wage

• Luiz Simmons (D17) - NOTE: Simmons had an excused absence due to the death of his father
• Theodore Sophocleus (D32)

MIZEUR AMENDMENT: Delegate Heather Mizeur, a gubernatorial candidate, offered a last-minute amendment to try and revive indexing in the minimum wage bill through a 2% annual increase after the wage reached $10.10. Mizeur's amendment was defeated in a 8-124 vote, but here are the names of the seven other Delegates who supported her effort. Note that Doug Gansler's running-mate, Jolene Ivey, voted for Mizeur's amendment:

• Liz Bobo (D12)
• Jolene Ivey (D47)
• Doyle Niemann (D47)
• Shane Robinson (D39)
• Mary Washington (D43)
• Ana Sol Gutierrez (D18)
• Joseline Pena-Melnyk (D21)

The minimum wage increase now awaits consideration in the Maryland Senate.


JUICE #3: ROLL CALL // MARIJUANA DECRIMINALIZATION PASSES MARYLAND SENATE COMMITTEE - Last week the Maryland Senate's Judicial Proceedings committee approved legislation to remove jail time as a penalty for marijuana possession. State Senator Bobby Zirkin (a bill sponsor) issued the following press release explaining the legislation (excerpt below):

BOBBY ZIRKIN: The bill will create a civil fine not to exceed $100 for adults possessing a small quantity of marijuana. In addition, minors who are found in possession are subject to the $100 fine but also must appear in court in front of a judge or a juvenile master. Juvenile offenders could be ordered to participate in community service or participate in drug education programs.

The bi-partisan vote in the Judicial Proceedings committee was 8-3. Here are the Senators who voted for and against the bill:

Senators who voted for marijuana decriminalization in committee:

• Jim Brochin (D42 Democrat)
• Jennie Forehand (D17 Democrat)
• Brian Frosh  (D16 Democrat)
• Nancy Jacobs (D34 Republican)
• Anthony Muse (D26 Democrat)
• Jamie Raskin (D20 Democrat)
• Chris Shank (D2 Republican)
• Bobby Zirkin (D11 Democrat)

Senators who voted against marijuana decriminalization in committee:

• Steve Hershey (D26 Republican)
• Norm Stone (D6 Democrat)
• Lisa Gladden (D41 Democrat)

The measure now awaits consideration by the full Senate and action in the House, though it is worth noting that decriminalization legislation passed the Senate last year. Meanwhile, officials in neighboring Washington, DC have decriminalized pot.


JUICE #4: FEDS APPROVE FUNDING FOR PURPLE LINE // LIGHT RAIL SYSTEM WILL OPEN IN 2020 - Maryland's light rail Purple Line project was approved for federal funding last week. The transit line would run from Bethesda to New Carrolton, with numerous stops in Montgomery and Prince George's counties. The Washington Post's Katie Shaver reported on the development (excerpt below):

WASHINGTON POST: A proposed light-rail Purple Line project has been recommended for $100 million in federal money in the next fiscal year as part of President Obama’s budget released Tuesday.... Just as significant to the project’s future is that the Purple Line was included on a list of seven large transit projects nationwide that the Federal Transit Administration recommends for a “full funding grant agreement,” a ­longer-term commitment by the federal government to help pay for the project’s construction.... “This is really good news,” said Rep. Donna Edwards (D-Md.), whose district includes part of the proposed Purple Line route in Prince George’s County. “This really keeps the Purple Line on the trajectory we need.” The 16-mile light-rail line would have 21 stations from Bethesda in Montgomery County to New Carrollton in Prince George’s. Maryland transit officials have said they hope to begin construction in 2015 and begin service in 2020.

JUICE #5: ROLL CALL // ESTATE TAX CUT APPROVED BY MARYLAND HOUSE OF DELEGATES - Progressive Maryland and some labor allies launched a campaign to stop a cut to Maryland's estate tax. Last week a Maryland Juice reader reported that Progressive Maryland had even launched calls to voters offering to patch them through to their lawmakers. But the organization reported on Facebook last week that the House of Delegates approved the estate tax cut (excerpt below):

PROGRESSIVE MARYLAND: Maryland House of Delegates just voted 120-13 in favor of cutting taxes for the wealthiest 3% of Maryland estates via HB 739. This vote came just 1 day after the State disclosed that it is in a budget hole and is weighing a $300 million cut to teachers and other state employees' pensions....

Progressive Maryland reported that 13 Democrats opposed cutting the estate tax, and we learned that a 14th Delegate added their name to the "no" votes:

• Charles Barkley (D39)
• Liz Bobo (D12)
• Al Carr (D18)
• Jill Carter (D41)
• David Fraser-Hidalgo (D15)
• Ana Sol Gutierrez (D18)
• Carolyn Howard (D24)
• Tom Hucker (D20)
• Eric Luedtke (D14)
• Heather Mizeur (D20)
• Shane Robinson (D39)
• Jeff Waldstreicher (D18)
• Alonzo Washington (D22)
• Mary Washington (D43)

The tax cut bill is now awaiting action in the State Senate.


JUICE #6: IN MIDST OF MEDIA AND NONPROFIT CRITICISM, LAWMAKERS ABANDON BILL TO BAN ACADEMIC BOYCOTTS - Maryland Juice previously reported on a controversial bill (HB998 & SB647) pitting the politics of the Middle East against academic freedom. The Washington Post recently editorialized against the bill, as it would prohibit state funding for academics engaged in boycotts (excerpt below):

WASHINGTON POST: When an academic group announced it would boycott Israel’s higher-education institutions, the president of the University of Maryland, like dozens of his peers across the country, condemned the move. “A breach of the principle of academic freedom” said Wallace D. Loh in a joint statement with the school’s provost. We completely agree. However, legislation being advanced by state lawmakers to bar participation in the boycott goes too far and constitutes its own insidious assault on academic freedom. The Maryland General Assembly is considering legislation that would bar public universities from providing funds to academic organizations that support boycotts of Israel.....

Academicians, including those who abhor the boycott, are right to be alarmed by this kind of legislation. The American Association of University Professors argue that the measure would impose a political litmus test on faculty members seeking university support for research meetings and travel.... At a hearing this week before the Senate Budget and Taxation Committee, an official from the American Civil Liberties of Union termed the bill “inimical to democratic principals.” This bill is ill-advised and should be killed. If it advances out of the General Assembly, Gov. Martin O’Malley (D) should veto it.

As a result of the backlash over the bill to ban academic boycotts, at least two sponsors are withdrawing support for the effort. A Maryland Juice reader sent us comments from the offices of two bill sponsors who are now opposing the effort:

OFFICE OF KUMAR BARVE: ... although the delegate co-sponsored HB 998 (Public Higher Education- Use of Funds- Prohibition), he has decided to vote against it if it reaches the House floor.

OFFICE OF MARY WASHINGTON: After further research on the bill, Delegate Washington is no longer supporting HB 998 and has asked to be removed as a cosponsor.

JUICE #7: GOOD BILLS TO SUPPORT // TIME TO PASS BLACK LIQUOR BILL, SECOND CHANCE ACT & PACKAGE OF PRIVACY LEGISLATION - Over the last few years, progressive lawmakers have attempted to pass a few common-sense bills but have been rebuffed time and again.

BLACK LIQUOR: The first bill is a bill to end Maryland subsidies for a dirty energy source called "black liquor" that is produced from wood and paper waste (SB734 & HB747). The Chesapeake Climate Action Network describes the 2014 legislative effort as follows (excerpt below):

CHESAPEAKE CLIMATE ACTION NETWORK: A massive loophole in Maryland's renewable energy law is forcing ratepayers to reward the creation of greenhouse gases and harmful air pollutants. In the 2014 General Assembly, the Renewable Energy Portfolio Standard - Qualifying Biomass bill (SB 734/HB 747) would eliminate that loophole to ensure that Maryland's clean energy is actually clean.

In 2004, Maryland became one of the first states in the country to create a Renewable Portfolio Standard (RPS).... However, while fellow Mid-Atlantic States like Delaware and New Jersey get over 70% of their renewable energy portfolios from the wind and sun, these resources make up only 15% of Maryland's portfolio. The primary reason is a flaw in the renewable energy law that supports out-of-state, high-emission black liquor and wood waste facilities that have been in operation for over 32 years on average. These old, polluting facilities are receiving more of our renewable energy dollars than true clean energy sources like wind and solar.

EXPUNGING CRIMINAL RECORDS: The second bill "good bill" we're highlighting is called the Maryland Second Chance Act. This is an effort to allow residents with minor nonviolent criminal convictions to be able to shield them from public view after a number of years (SB1056 & HB1166). The Job Opportunities Task Force provided the following update on the status of this bill:

JOB OPPORTUNITIES TASK FORCE: This Tuesday the Senate Judicial Proceedings Committee will consider the Maryland Second Chance Act of 2014. This important legislation would permit the shielding of certain nonviolent misdemeanor convictions from the public. For many Marylanders this means their criminal record would no longer stand in the way of getting a job.

Please take a minute to contact your lawmakers and share your support for SB 1056/ HB 1166. Phone calls are best, but please feel free to send an email using templates for the Senate Judicial Proceedings and House Judiciary Committees.

In a press release yesterday, Maryland Attorney General Doug Gansler (a candidate for Governor) announced that he would be testifying in support of the Second Chance Act at the Senate hearing today (TUE 3/11/14) (excerpt below):

DOUG GANSLER: Attorney General Douglas F. Gansler will tour the Community Kitchen in East Baltimore at 11:00 a.m., Tuesday March 11 to learn how the Episcopal Community Services program uses its catering service to train and certify formerly incarcerated persons and prepare them for employment and careers in food service....

Following the tour, Attorney General Gansler will hold a news conference on site at 11:30 a.m. to discuss his support of The Maryland Second Chance Act of 2014 (SB 1056 and HB 1166) before heading to Annapolis to testify in House and Senate committee hearings on the legislation....

ELECTRONIC PRIVACY LEGISLATION: Lastly, civil liberties advocates are promoting a package of legislation aimed at increasing privacy protections for Marylanders. The Cumberland Times-News reported on the effort (excerpt below):

CUMBERLAND TIMES-NEWS: While technology that tracks cellphones and cars has made work easier for some law enforcement officials, a bundle of proposed laws would ensure that the same technology could not violate Marylanders’ protections from unwarranted searches and seizures.

Members of the American Civil Liberties Union of Maryland testified last week  in the House Judiciary Committee and the Senate Judicial Proceedings Committee in favor of four bills aimed at curbing law enforcement officials’ ability to electronically monitor citizens. If passed, the bills would require law enforcement to obtain a warrant before reading electronic communication and tracking a cellphone.

“Your phone can tell the government where you are at any moment,” said Del. Jeff Waldstreicher, D-Montgomery, who sponsored the bill on cellphone tracking. The proposed bills would also limit the ability of police to use drones, and would place parameters on how long law enforcement officials can keep records based on license plate readers. David Rocah, senior staff attorney with the ACLU, said he is concerned that laws requiring warrants did not yet exist when smartphones be-came available to the public.

JUICE #8: MOCO LAWMAKERS RALLY FOR MORE SCHOOL CONSTRUCTION FUNDING AS COUNTY EXEC CANDIDATES JOCKEY - Montgomery County officials have been pushing for increased school construction dollars from Annapolis this year. In response to surging enrollment, MoCo electeds have joined with lawmakers in Baltimore and Prince George's counties to present a united front for increased modernization funds. But The Gazette's Kate Alexander reported a couple weeks ago that the funding push was facing an uphill battle in the General Assembly. Since then, MoCo officials and residents held a rally in Annapolis, and County Executive Ike Leggett issued an action alert calling on residents to contact the Governor and leaders of the House and Senate. Rival County Exec candidate Doug Duncan also released a letter he sent to MoCo's Del. Anne Kaiser and Sen. Jamie Raskin (MoCo's House & Senate leaders) declaring an absence of "strong, local leadership" on school funding. Below we provide a few excerpts from the relevant statements, starting with dueling releases from Ike Leggett and Doug Duncan:

IKE LEGGETT ACTION ALERT

Overcrowding in County Schools Requires More State Construction Dollars:
Pass Senate Bill 927 and House Bill 1323
Montgomery County is working closely with Baltimore County and Prince George’s County to win a state program where every $2 of County money will be matched by $1 in State money. Together, the three counties represent 44 percent of the State’s students and 46 percent of students eligible for free and reduced meals....

Montgomery County is already planning to invest another $1.1 billion of our own County money for school construction – a record high. Over the last eight years, County funding for school construction has increased by 36 percent.

Montgomery County needs the State of Maryland to step up with a matched program for resources over and above what the County normally receives. Investing in our future teachers, doctors, entrepreneurs, and innovators - and our kids' quality education - is absolutely essential for Montgomery County and is a smart investment for the whole State of Maryland.

For more details on this campaign: http://www.montgomerycountymd.gov/schoolfunding/

Send messages to:

• Governor Martin O’Malley - governor.mail@maryland.gov
• Lt. Governor Anthony Brown - lt.governor.mail@maryland.gov
• Senate President Mike Miller - Thomas.v.miller@senate.state.md.us
• House of Delegates Speaker Michael Busch - Michael.busch@house.state.md.us

Thank them for their past support and tell these State of Maryland leaders why investing in our schools is critically important and why we need Senate Bill 927 and House Bill 1323.

DOUG DUNCAN'S LETTER TO SEN. RASKIN & DEL. KAISER

Dear Senator Raskin/Delegate Kaiser,

I was disappointed to read last week that Montgomery County local officials are already declaring defeat on our number one priority in Annapolis - obtaining additional school construction funding to address the public school’s system’s severe overcrowding.  I am writing to ask you and your colleagues to take decisive action and provide the leadership needed to secure this critical funding approved this year - not later as some have suggested.

Montgomery County faces a public school overcrowding crisis, with approximately 2,500 additional students entering the school system each year for the next several years.   We owe every child in Montgomery County the opportunity to learn in a clean, safe, modern, and uncrowded classroom.

As you know, during the debate over increasing the gas tax in 2012, Baltimore City delegation members leveraged their support to get more school construction money – funds they will now receive.  Unfortunately, largely due to the absence of strong, local leadership, Montgomery County did not secure a similar funding package to address our significant overcrowding.  In fact, it appears that effort was given little consideration until just before this year’s legislative session began.

As a life-long resident of Montgomery County and someone who has always made education my top priority, I respectfully ask that you and your colleagues take over where the local officials have failed, and enact legislation that will lead to Montgomery County receiving its fair share of state school construction funding.

Respectfully,

Douglas Duncan

The Montgomery Sentinel's Holden Wilen covered the jousting over the school funding fight, including commentary from some of the figures above (excerpt below):

MONTGOMERY SENTINEL: Doug Duncan and Ike Leggett are finding themselves at odds again, this time because Duncan says Leggett has not done enough to get Montgomery County its fair share of state construction funding....

[Delegate Anne] Kaiser also shrugged off Duncan’s comments about poor leadership, saying “he should know better.” “(Duncan) knows these things take time,” Kaiser said. “There is no question everyone thinks this is important....”

Leggett campaign officials defended the current county executive’s efforts. According to Scott Goldberg, Leggett’s campaign manager, Leggett has helped secure $262 million in school construction funds during the last seven years. “That is $60 million more than the county received under (Duncan’s) previous seven years—during which the economy was booming and budgets much easier...."

Lastly, the Montgomery County Council released a video last week making the case for increased school construction funding:

2013 ENVIRONMENTAL RANKINGS: League of Conservation Voters Rates MD Senators & Delegates // PLUS: Fracking Update

UPDATE: Maryland Juice recently noticed a fascinating map on the LCV website showing the geographic distribution of environmentalist legislators in the Free State (Hat tip: Maryland Reporter). The green dots on the image below show lawmakers with 100% environmental ratings, while the red dots represent officials with a 0% rating:

Maryland environmental advocacy organization the League of Conservation Voters (LCV) just released its 2013 ratings for State Senators & Delegates. They rated Annapolis officials on a few highlighted environmental bills (a perfect score = 100%). Below you can see how LCV rated your state legislators on environmental issues, and we also highlight how Montgomery lawmakers and statewide candidates fared. The press release that accompanies the scorecard notes:

MARYLAND LCV: “This year’s environmental scorecard lets Marylanders know which legislators took action to protect future generations from the ravages of climate change, the health impacts of pesticides, and pollution from industrial agriculture,” said Maryland LCV Board Chair, Tony Caligiuri. “Maryland LCV’s scorecard lets citizens know which Senators and Delegates vote for what is politically convenient and who are the real environmental champions.”

“Marylanders should thank our visionary legislators who voted for Offshore Wind Energy Bill and the Transportation Funding bill to move our state’s economy into the future,” said Maryland LCV’s Executive Director Karla Raettig. “Similarly, if they are concerned about the historic impacts of extreme weather, they should hold legislators accountable who didn’t vote to take several other opportunities to curb climate change. Why should just one bold clean energy bill pass in a session? We shouldn’t have an environmental quota.”

Note that the average rating for Democrats in 2013 was 70%, while the average for Republicans was 13%. Senate President Mike Miller was rated 60% and House Speaker Mike Busch was rated 75%. The highest rated Republicans were Senator Allan Kittleman of District 9 with 33% and Delegate Cathy Vitale of District 33B with 60%. After our summary lists, we also post an update on fracking, as well as the full LCV ratings for all State Senators and Delegates.

Here is how a few elected officials seeking higher office in 2014 fared:

• Senator Allan Kittleman - Republican for Howard County Executive: 33%
• Senator Brian Frosh - Democrat for Attorney General: 100%
• Delegate Aisha Braveboy - Democrat for Attorney General: 57%
• Delegate Jon Cardin - Democrat for Attorney General: 100%
• Delegate Bill Frick - Democrat for Attorney General: 100%
• Delegate Heather Mizeur - Democrat for Governor: 100%
• Delegate John Olszewski - Democrat for D6 State Senate: 71%
• Delegate Guy Guzzone - Democrat for D13 State Senate: 75%
• Delegate Brian Feldman - Democrat for D15 State Senate: 86%
• Delegate Susan Lee - Democrat for D16 State Senate: 100%
• Delegate Jim Gilchrist - Democrat for D17 State Senate: 86%
• Delegate Luiz Simmons - Democrat for D17 State Senate: 100%

* Note: Some of these candidates have not yet announced for these offices, but we have listed them as candidates for offices they are rumored to be considering.


Montgomery County's State Senators (from highest to lowest):

• Senator Karen Montgomery (D14): 100%
• Senator Brian Frosh (D16): 100%
• Senator Rich Madaleno (D18): 100%
• Senator Roger Manno (D19): 100%
• Senator Jamie Raskin (D20): 100%
• Senator Nancy King (D39): 100%

----------------------------- Senators Under 100% ----------------------------------------

• Senator Jennie Forehand (D17): 80%
• Senator Rob Garagiola (D15): 67%

Montgomery County's Delegates (from highest to lowest):

• Delegate Kathleen Dumais (D15): 100%
• Delegate Aruna Miller (D15): 100%
• Delegate Bill Frick (D16): 100%
• Delegate Ariana Kelly (D16): 100%
• Delegate Susan Lee (D16): 100%
• Delegate Luiz Simmons (D17): 100%
• Delegate Al Carr (D18): 100%
• Delegate Ana Sol Gutierrez (D18): 100%
• Delegate Jeff Waldstreicher (D18): 100%
• Delegate Sam Arora (D19): 100%
• Delegate Bonnie Cullison (D19): 100%
• Delegate Ben Kramer (D19): 100%
• Delegate Tom Hucker (D20): 100%
• Delegate Heather Mizeur (D20): 100%
• Delegate Kirill Reznik (D39): 100%
• Delegate Shane Robinson (D39): 100% 

----------------------------- Delegates Under 100% ----------------------------------------

• Delegate Charles Barkley (D39): 86%
• Delegate Jim Gilchrist (D17): 86%
• Delegate Brian Feldman (D15): 86%
• Delegate Kumar Barve (D17): 80%
• Delegate Sheila Hixson (D20): 80%
• Delegate Anne Kaiser (D14): 80%
• Delegate Eric Luedtke (D14): 80%
• Delegate Craig Zucker (D14): 75%

FRACKING UPDATE: NEW HBO DOCUMENTARY HIGHLIGHTS REP. ANDY HARRIS - Since we are on the topic of environmental issues in Maryland, we thought this would be a good time to provide a quick update on the issue of hydraulic fracturing (aka "fracking"). There has been much attention drawn to potential groundwater contamination, flammable water supplies, earthquakes and more -- that many attribute to fracking. As a result, plans to allow fracking in Maryland have proved controversial, and GOP Congressman Andy Harris was recently highlighted for his support of the practice in a new HBO documentary Gasland 2 (trailer below):



GUEST COMMENTARY ON FRACKING FROM PAUL ROBERTS - Maryland Juice also received some guest commentary about fracking in Maryland from Paul Roberts, a member of Governor O'Malley's commission on fracking and a co-owner of a Garrett County winery. Roberts is urging the Free State to adopt a cap on drilling activity. Check out Paul Roberts' commentary on fracking below:

PAUL ROBERTS: The state is at a critical juncture in its three-year consideration of whether shale gas drilling should be permitted in Garrett and Allegany counties in western Maryland. Gov. Martin O'Malley established a state commission with an August 2014 deadline for a final report, and populated it with notables such as Del. Heather Mizeur, who has worked tirelessly with non-governmental associations and allies in western Maryland on the issue. I am among them, serving as well on the Governor's commission, as the "Citizen Representative."

"Fracking" has been linked to water contamination in western states, and more recently in Pennsylvania and West Virginia. The work of New York film-maker Josh Fox focused national attention, and his Gasland 2 premiered July 8. Gasland 2: A film by Josh Fox - NOW on HBO And here is an article and a short film by a Baltimore woman in which a gas company executive admits on tape to destroying one family's water supply.

Many predict fracking will be among the top domestic issues during the 2016 presidential race, and the states which have not rushed into allowing production — Maryland and New York — are run by governors likely to end up as primary opponents. Activist organizations in New York have developed a more aggressive "ban" approach, while in Maryland, largely behind the leadership of two Takoma Park residents — Mizeur and Mike Tidwell of Chesapeake Climate Action Network — activists have tried to steer the debate, for the moment, toward erecting strong protections, should fracking be permitted.

Earlier this month, the state released its proposed "Best Management Practices," from which a long-awaited modernization of regulations will occur. Public comments on the draft report can be submitted by email to Marcellus.Advisory@maryland.gov.

A capacity crowd turned out on July 8 in Garrett County to offer comments and criticisms. And, at the urging of activists, a second hearing will be held in the Baltimore area: Tuesday, July 16, 2013 at 2 pm at the Maryland Department of the Environment, 1800 Washington Boulevard, Baltimore, MD 21230. (Persons attending should park in the Blue Lot.)

The state's draft fracking report is a weighty, technical document. Among the principal concerns raised so far are that drilling would be allowed within 1,000 feet of a private water well, while the proposed setback from a municipal supply is 2,000 feet. Regulators explain that's because so many more people depend on a single municipal supply, but this logic was met with cat-calls in Garrett County, since most rural residents there use private water wells. They called for an equal buffer. Drilling would also be allowed within 300 feet of many of the region's pristine mountain streams; this provision shocks wilderness and white-water enthusiasts.

As a member of the Governor's Commission, I am urging the state to adopt a cap on drilling activity county-wide, though it appears that changes in county zoning laws would also be needed. Citing evidence produced by experts who prepared the study on which the draft BMP report is based, I have asked the state to explore a 2-percent maximum on disturbed acreage. "Without limits," I told my fellow Commissioners in June, "the careful planning the state wisely decided to require only ensures a methodical pace to the industrialization process of our mostly forested, rural area."

SEE THE FULL LCV RATINGS BELOW THE FOLD:

GOOD MD BILLS: 1) Privacy for Minor Crimes, 2) Ban Shackling While Pregnant, 3) End Pollution Subsidies, 4) End of Life Care

HELP THESE GOOD MARYLAND BILLS PASS THIS SESSION - There have been many high profile pieces of legislation debated in Annapolis this session (eg: death penalty, gun control, and the gas tax). But out of sight of the cameras and press corps are a number of common-sense proposals to solve real problems, albeit on a smaller or less sexy scale. Below Maryland Juice highlights several "good" bills that could use more attention (and your help) right now.  Details on our four highlighted bills are below, and you can find your elected officials' contact information online.

GOOD BILL #1: END MARYLAND'S SUBSIDIES FOR "BLACK LIQUOR" // DEL. CHARLEY BARKLEY OF MOCO MAY BE KEY VOTE - Delegate Johnny Olszewski & Senator Rob Garagiola have sponsored worthwhile legislation to promote the environment and end unnecessary corporate welfare in Maryland. HB 1102 & SB 684 would close a loophole in Maryland's renewable energy laws that allow old polluting facilities to qualify for renewable energy credits.

Under current state law, Marylanders pay a subsidy each month on their electric bills that actually rewards producers of greenhouse gas pollutants and other air toxins. Old paper mills -- most of them out of state -- currently exploit a loophole in state law to claim renewable energy credits for burning a substance called “black liquor.” In 2011, almost half of Maryland's renewable energy dollars (nearly $4 million) went to out of state facilities that do not need or deserve this subsidy.

HB1102/SB 684 will phase out old biomass facilities and only allow new and efficient biomass to qualify for renewable energy credits. The bill also has a provision that continues financial support for the one Maryland paper mill (Luke Mill). The bill recently passed the Senate Finance Committee by a bipartisan 9-2 vote, but lobbyists (mostly representing out-of-state paper mills) have descended on Annapolis to kill the bill in the House.

ACT NOW TO ADVANCE THE BILL IN THE HOUSE ECONOMIC MATTERS COMMITTEE: Sources indicate that a vote on "black liquor" subsidies will be held in the House Economic Matters Committee any day now and Delegate Charles Barkley from District 39 in Montgomery County is a key committee vote. Please give him a call or send him an email today to urge his support on HB 1102 at charles.barkley@house.state.md.us or (410) 841-3001. The Chesapeake Climate Action Network's action alert on the "black liquor" subsidies provides a quick summary of  HB1102:

CHESAPEAKE CLIMATE ACTION NETWORK: Maryland's most important clean energy law -- the Renewable Portfolio Standard (RPS) -- was intended to ensure that an increasing percentage of our electricity comes from true clean energy sources, like wind and solar power. Instead, a big loophole is currently allowing nearly half of our state's renewable energy dollars to pay for dirty sources of energy -- a paper mill by-product called "black liquor" and wood waste. Spending Maryland ratepayer money on these old, polluting energy sources is a rip-off for our climate, our health and our economy. A key committee vote on a bill to close this loophole -- HB 1102 -- could come as soon as today, and one of YOUR state delegates will help decide the outcome.

 [ ACT NOW: CONTACT HOUSE MEMBERS RE: HB1102 ]  

GOOD BILL #2: ALLOW RESIDENTS TO SHIELD MINOR NONVIOLENT "CRIMES" FROM PUBLIC VIEW AFTER A FEW YEARS // CONTACT STATE SENATORS - A group of Maryland lawmakers is attempting to bring some sanity to our criminal "justice" system by allowing residents to shield minor crimes from public view after a few years (think minor nonviolent misdemeanor offenses and simple pot possession charges, as examples). Currently, a conviction for one of these minor crimes could stick on one's public record for years and create unnecessary obstacles to employment. Delegates Curt Anderson & Jeff Waldstreicher, alongside Senators Verna Jones-Rodwell & Brian Frosh have proposed a legislative fix in the form of HB 1006 and SB 701. Some of the crimes that can be shielded under the proposed law include:

• possession of alcohol in an open container
• marijuana possession
• possession of bongs and other drug paraphernalia
• disturbing the peace
• theft under $100
• public intoxication
• littering under 100 pounds 

CONTACT YOUR STATE SENATORS TO SUPPORT THIS COMMON SENSE REFORM - This effort is a priority of the Maryland Legislative Black Caucus, due to the disproportionate impact a criminal record has on minorities.  On Thursday February 28th, over 400 people from around the state came to Annapolis to urge legislators to support the shielding of nonviolent misdemeanor convictions. Thanks to these efforts, the HB1006 passed the House of Delegates by a 99 to 38 vote, but the measure has been watered down and now heads to the State Senate for approval. Maryland's Job Opportunities Task Force sent out an action alert this morning to help restore some of pieces of the bill that were removed in the House (details below):

JOB OPPORTUNITIES TASK FORCE: As some of you may know, the House shielding bill (HB 1006) passed out of the House Judiciary Committee this past Friday with bi-partisan support and successfully cleared the entire House chamber yesterday.  While we are pleased the House recognizes the value of shielding, House bill 1006 contains restrictive language that significantly limits its impact including the following:

• It would restrict shielding to only one (1) eligible stand-alone conviction, per lifetime, that is chargeable by citation (see attached list of crimes),
• Only convictions for crimes committed while under the age of 26 are eligible for shielding,
• Removes an offense of prostitution from the list of misdemeanors eligible for shielding and
• Individuals could petition the courts no earlier than 5-years after satisfying any parole, probation or mandatory supervision. 

The Senate version of this bill does not have these limits.  Senate committee members need to hear from you. Please take a moment to call and/or email members of the Senate Judicial Proceedings Committee and urge them to reject harmful amendments that would impose an age limit and restrict the number of convictions eligible for shielding.... With less than 2 weeks left of session, things are moving very quickly and the Senate Committee could act in the next few days. A phone call and/or email can go a long way. 

[ ACT NOW: CONTACT SENATE JUDICIAL PROCEEDINGS RE: HB1006/SB701 ]

BELIEVE IT OR NOT, THIS LAW MAY HELP REDUCE RECIDIVISM - Lawmakers are increasingly grappling with the long-term social and economic consequences of our lazy and draconian criminal justice system. Indeed, HB1006/SB701 were created as a response to legislative recommendations from the Governor's Task Force on Prisoner Reentry but, surprise surprise, they are facing opposition. Maryland's Job Opportunities Task Force explained some of the reasons for adopting the proposed policy changes:

• 1 in 4 adults has a criminal record.
• The Bureau of Justice Statistics found that recidivism risks are highest in the first 3-5 years
  following incarceration, with the first year accounting for nearly two-thirds of all the recidivism of the first 3 years.
• Studies have shown that providing individuals the opportunity for stable employment actually lowers crime recidivism rates and increases public safety.
• One prominent researcher found that a criminal record reduces the likelihood of a job callback or offer by nearly 50%. The effect is even more pronounced for African American men.
• 28 other states have policies in place to limit public access to certain prior criminal convictions in order to mitigate the collateral consequences of a criminal record.

Not surprisingly, some politicians have been scared to embrace anything that could be interpreted as "soft on crime." But the Job Opportunities Task Force also noted some of the safety measures they've left in place to preempt potential concerns from residents:

• Shielded records would remain fully accessible to criminal justice units for legitimate criminal
  justice purposes. 
• If a subsequent conviction occurs during the waiting period, the initial offense can no longer be shielded until the subsequent offense becomes eligible for shielding.
• Employers and certain entities with a statutory requirement to inquire into a candidate’s criminal background history will have full access to shielded records.

GOOD BILL #3: RESPECT THE END-OF-LIFE DECISIONS OF MARYLAND RESIDENTS // CONTACT HOUSE MEMBERS - Senator Roger Manno is sponsoring SB236, a bill which is designed to help ensure the end-of-life decisions of Marylanders are respected -- even if they are incapacitated. The explanation for the bill notes:

Advance directives protect an individual’s right to choose or to refuse various forms of health care (even in the face of the development of decisional incapacity) by transferring a critical health care decision point from the time of a patient’s decisional incapacity to an earlier time when the person is fully competent.

SB236 helps provide funding to establish a registry of advance directives in Maryland. The effort passed the State Senate by a vote of 41 to 6 and is now being heard in the House of Delegates. Advocates at the organization Compassion & Choices have sent the following action alert to Maryland residents:

Dear Juice,

Although an “unfavorable” committee report  appeared to have doomed passage of SB 790, a bill that would mandate funding of the Maryland online advance healthcare directive registry, a last-minute effort resulted in the Senate passing the bill on Friday. It is on its way to the House for a hearing and vote.

Our own Rosalind Kipping, president of Compassion & Choices’ National Capital Area chapter, put her full energies and tenacity into supporting the bill. Its sponsor, Sen. Manno, acknowledges Rosalind’s hard work was instrumental in getting the bill this far.

Rosalind now needs your help to keep the momentum going. Please contact your House Representative and let him or her know you “Support SB 790” and are counting on their (you can find your representative’s name by clicking here: http://votesmart.org/). vote. Funding to implement this online registry means thousands of Marylanders would have peace of mind in knowing their end-of-life medical care instructions would be easily accessible by their physician in an emergency situation.

Roland Halpern
Compassion & Choices

 [ ACT NOW: CONTACT HOUSE OF DELEGATES RE: SB790 ]

GOOD BILL #4: PROHIBIT THE SHACKLING OF WOMEN IN PRISON DURING PREGNANCY // CONTACT STATE SENATORS - Delegate Mary Washington, joined by a handful of colleagues, has proposed common-sense legislation to ban the shackling of female inmates during labor and delivery of children. HB829 passed the House of Delegates by a whopping vote of 133 to 3 and is now being taken up by the State Senate. You can listen to Del. Washington explain her bill online on a previous appearance on Marc Steiner's radio show. The Washington Post reported on the effort earlier this month and described the experience of inmates who were shackled during their pregnancies (excerpt below):

WASHINGTON POST: Eighteen states — including Arizona, Texas and New York — have passed anti-shackling legislation, according to the American Civil Liberties Union, which supports the proposal.... Sara Love, public policy director for the ACLU’s Maryland chapter, credited Maryland prison officials with revising their restraint policies for pregnant women in written testimony she submitted to the judiciary committee late last month. But she said that “many women” are detained in more than 20 local detention centers that are not subject to the state’s policy....

In one case, Danielle Sweigert, who was seven months pregnant at a detention center in Jessup, said her leg and hand were shackled to a bed frame during delivery. “I was kept in shackles and handcuffs throughout my actual labor,” she said in written testimony....

Rebecca Swope, also a former pregnant inmate at Jessup, said she was “strapped at my breast, midsection, upper thighs and lower legs to the stretcher” and also handcuffed at the “wrist and ankle” during her ambulance ride to the hospital. She described the experience as “10 miles of torture.”

[ ACT NOW: CONTACT MARYLAND SENATORS RE: HB829 ] 

 More on the 2013 legislative session soon!