It is a privilege to serve you in the Maryland House of Delegates. The legislative session, as it always does, includes both wins and losses. This year's session plan was supposed to be scaled down due to the COVID pandemic but ended up being one of the most controversial sessions in recent memory. As your representative, I feel it is my job to inform you of legislation that has the potential to both benefit and harm our community. For this reason, I intend to highlight specific legislation and provide you with a brief overview of the 2021 session.
My Bills
HB 814 St. Mary's County – Alcoholic Beverages Licenses – Annual Fees
Early on in the COVID pandemic, we kept hearing the phrase, "we are all in this together." However, nearly a year later, we know this is not entirely true. Because restaurants and bars took it on the chin during this crisis, I sponsored and passed HB 814 to exempt all bars and restaurants in St. Mary's County from paying the following year's alcohol license fee. I know this will not make or break anyone's business, but I felt we had to do something to support these St. Mary's business and encourage their successful recovery. I'm proud to say that this bill passed both Chambers and will become law.
HB 540 Interstate Occupational Therapy Licensure Compact
This bill establishes an interstate licensure compact for occupational therapists, which will allow occupational therapists to work across state lines within the states that agree to the compact. After hearing from both constituents and providers of the need for greater access to health care services, I sponsored and passed HB 540, which will expand care in our rural community. Licensure compacts offer a vital pathway to ensuring our health care facilities and providers have a sufficient number of qualified providers. I'm proud to say this bill passed both Chambers and will become law.
HB 531 Criminal Procedure – Sexual Offenders – Lifetime Supervision
This is the third year I sponsored this critical bill to protect children from their convicted abusers. Under current Maryland law, only some offenders who sexually abuse minors are placed under lifetime supervision. This is a loophole in the law. This requirement should extend to all who commit this heinous crime on a minor, regardless of age. Currently, lifetime supervision is required for offenders whose victims are aged 12 and under. However, 2 out of 3 crimes are committed on children aged 12-17, and the law does not protect them. The maximum these offenders can receive under current law is 5-year probations. By requiring lifetime supervision for these offenders, HB531 protects Maryland's children from offenders who have already been convicted of these crimes and reduces recidivism. This bill passed in the House, unfortunately, it did not pass in the Senate.
Veto Overrides
HB 1300 Kirwan (the blueprint):
The crux of this bill is that it spends an additional $4 billion per year on public schools K-12. If that cost correlated to real innovation, tangible advancements, and improvements in education, we could discuss its value and worth. Unfortunately, there is no evidence or indication that this spending would significantly improve our children's education. In fact, recent events surrounding the COVID pandemic have exposed the deficiencies of the Kirwan spending bill. Kirwan spends a lot of money on the same things that we have already been doing, with no better results. Kirwan does not address behavioral issues in a meaningful way, nor does it give parents school choice; it continues a path of one size fits all system, which traps children in perpetually failing schools.
There is a saying that if a private school fails, it goes bankrupt and closes, when a public school fails, the taxpayers are forced to spend more money. Kirwan is doing precisely that. I voted no to the bill and yes to sustain the Governor's veto. Unfortunately, the veto was overturned, and the bill will become law.
Now that the Legislature voted to override the veto on Kirwan, how do we pay for it? Tax increases.
The Legislature voted to override the Governor's veto of HB 932
This bill is an expansion of the sales tax to include digital downloads and streaming services. It's a Netflix tax!
The promise that we always hear is that the rich will be taxed to pay for Kirwan. The truth is, this tax takes $120 million out of the local private economy and is overwhelmingly paid for by the middle class. I voted no to the bill and yes to sustain the Governor's veto. Unfortunately, the veto was overturned, and the bill will become law.
HB 732-Tobacco/ e cigarette and Digital advertising tax
The cigarette tax is again being raised by overturning the veto on HB 732, bringing the tax burden on a pack of cigarettes to $3.70. People who are near the state borders will be looking to make their cigarette purchases elsewhere.
The digital advertising tax is supposed to make the big tech companies "pay their fair share." Still, this tax will only hurt Maryland businesses who choose to advertise on digital platforms.
How do you tax the big tech companies that are based out of State? This is why not a single other state has been able to implement this tax successfully. The proponents say it will generate $200 million additional funding to help pay for the Kirwan bill. But to me, now is not the time to make Maryland more expensive for citizens and businesses. This seems like smoke and mirrors, as I don't see how this tax will actually be collected. I voted no to the bill and yes to sustain the Governor's veto. Unfortunately, the veto was overturned, and the bill become law.
Important/Controversial Legislation
COVID Relief Package
SB 496 - Recovery for the Economy, Livelihoods, Industries, Entrepreneurs, and Families (RELIEF) Act Governor Hogan's COVID Economic Recovery proposal provides more than $1 billion in tax relief and economic stimulus for small businesses struggling to keep their doors open after being forced to curtail operations amid the COVID pandemic. This bill will help families and businesses struggling from the economic impact of this pandemic. The bill provides direct stimulus payments for low-to-moderate-income Marylanders, providing $178 million in relief to 400,000 Marylanders.
House Democrats tried to tack on an amendment allowing $30 million in payments to go to undocumented workers. When there is limited relief available for struggling citizens, it is illogical to extend taxpayer dollars to those here illegally. Based on our opposition, democrats ended up removing that language. Unfortunately, Democrat leaders promised to bring this measure back in a separate bill. I voted yes to SB 496, and it passed both Chambers and will become law.
SB 218- Income Tax - Child Tax Credit and Expansion of the Earned Income Credit
This bill extends Maryland's Earned Income Tax Credit to immigrants who are in this country illegally. Republican Caucus members including myself, offered several amendments to make the bill better by further expanding tax credits for families with developmentally disabled children, providing tax relief to retirees and providing assistance to those immigrants who are lawfully present in this State as refugees and those with green cards. All of these amendments were rejected by the Majority Party.
When Maryland citizens are suffering and new taxes are being created, such as the Digital Download- aka Netflix tax, I do not believe forcing taxpayers to support those here illegally is sound policy. I spoke on the House Floor against this legislation. I voted no to SB 218; however, the bill passed and became law without the Governor's signature.
HB 655- Local Elections - County Commissioner and County Boards of Education - District Voting
This bill would eliminate countywide voting for counties that have election districts. I rose in opposition to this bill for several reasons.
Currently, St. Mary's has 4 geographic districts, with 1 commissioner representing each of those districts and 1 commissioner elected at-large. The cumulative impact of HB 655 is that citizens would only be able to vote for 2 county commissioners instead of all 5 of the commissioners – a commissioner to represent their district and one for the at-large seat. This would be a significant change, and it was highly contested- in this case, 5 County Commissioners, the House Delegation, and a State Senator opposed this legislation.
It seemed to me that a good governance solution would be to allow the voters to decide. However, the committee and bill sponsor were not interested in a compromise, turning it over to the voters. As a result, I offered an amendment on the Floor that would have allowed the people of St. Mary's County to decide the issue by voter referendum. I was stunned and very disappointed to hear my colleagues on the other side of the aisle refuse this amendment by saying, "the voters cannot be trusted to vote correctly." Unfortunately, the amendment was voted down. I voted no to HB 655. It passed the House but failed to pass the Senate.
Police Reform
HB 670- police reform and accountability act of 2021
This bill strikes the current so-called Law Enforcement Officer's Bill of Rights (LEOBR). It replaces it with a complicated, multi-step system that involves several different boards and appellate processes. It involves civilians (meant to increase community confidence in the policing process) and undermines police officers' protection from retaliatory activism.
One significant provision of HB 670, the police reform bill, is an inclusion of an Administrative Charging Committee for each County. The Committee's duties are to review the findings of a law enforcement agency's investigation, make determinations in the charging of an officer accused of wrongdoing, and recommend disciplinary action. The bill stipulates that one board member be a "resident" of the County with jurisdiction. This is overly broad. I offered an amendment to define "resident" as an individual who is a legal citizen of the country, who has not been charged or sentenced for any offense that is subject to more than 90 days in jail.
I believe that citizens do have a right to a seat at the table for police accountability boards like this. I think it is equally important that they be legal citizens and be the most unbiased individuals to ensure they are active participants in charging and disciplining officers.
Our police officers, while not all perfect, do a difficult job. Police officers who willfully or maliciously interfere with an individual's civil rights should be charged and disciplined or removed from the force if the case warrants. However, all people, including police officers, are afforded fairness and justice under the law. Unfortunately, my amendment was voted down.
I voted no to HB 670, and yes to sustain the Governor's veto. Unfortunately, the veto was overturned, and the bill passes into law.
Removing School Resource Officers
One of the amendments offered on HB 670 was an amendment designed to ban School Resource officers' (SROs) presence from schools. There were also separate bills intended to do the same, although they thankfully did not move ahead.
While proponents assert that SRO's contribute to the "school to prison pipeline," it's essential to understand some pertinent information on Maryland SRO interactions for the 2018/2019 school year, the last full school year students attended in person:
- Total student population – 894,000
- Total number of students arrested by SROs - 2,628
- Total number of minority students arrested by SROs - 1,766
Of the arrests:
- 732 arrested for a physical altercation
- 25 arrested for sexual assault
- 20 arrested for sexual harassment
- 11 arrested for possessing a gun on school property
- 222 arrests for other weapons on school property
This leaves the question: "If the SRO is not there, who stops those assaults? Who gets those guns and other weapons out of the schools?" We have a program and a partnership that works. We have dedicated officers who are committed to the safety of our children. I spoke out against this effort, and I am happy the amendment failed.
This bill covers a challenging topic; children sentenced to lengthy jail terms for committing unspeakable and violent crimes. The bill adds additional hearings and court appearances to consider changes in the original sentencing and potential release. Testimony on this bill included stories about many heinous crimes committed by underage children, which in some cases cost the life of innocents. Amendments were offered to disallow the sentence modifications to individuals who murdered a police officer, raped or murdered a minor, raped or murdered an elderly or disabled individual, and murdered multiple people. All of these amendments were rejected. I voted no to SB 494 and yes to sustain the Governor's veto. Unfortunately, the veto was overturned and it will become law.
HB 16 Correctional Services – Immigration Detention – Prohibition (Dignity Not Detention Act)
This bill prohibits state and local detention facilities from being used to house detained illegal immigrants by immigration officials. This a blatant refusal of cooperation with Federal detainer requests for illegal immigrants who commit violent crimes. These Federal detainers are issued by the Federal immigration officials for persons here illegally who have or are suspected of having committed a crime in our country and in our communities. Additionally, it prohibits the construction of any facility in any locality to house detained illegal immigrants. This is another policy that simply makes our citizens less safe. I spoke out on the House Floor against this sanctuary state legislation. I voted no to HB 16; however, it did pass both Chambers and will become law.
Republican Caucus Crime Package
HB 633 - Gun Theft is a Felony Act of 2021
In Maryland, handguns are treated like regular property when it comes to theft. The value of the item determines the level of offense. As a result, stealing a firearm in the State of Maryland is a misdemeanor. Studies show that almost half of the guns used in crimes are acquired in underground markets, and 30% of guns that wind up at crime scenes are stolen guns. Maryland has some of the most restrictive gun laws in the United States, yet some of the highest gun crime rates, and is home to the 4th most violent city in the nation. If we want to address violent crime in this State, we need to leave hunters and sportsmen alone and do more to go after illegal guns. Unfortunately, HB 633 languished in Committee without a vote.
HB 678 - Stopping Dangerous and Violent Criminals Act of 2021
This bill will require those convicted of violent crimes to serve at least 90% of their sentence before being eligible for parole. Under current law, those convicted of a violent crime are eligible for parole after serving 50% of their sentence. In Maryland, violent crimes include acts like murder, kidnapping, manslaughter, and rape. It also includes carjacking and armed robbery. Unfortunately, HB 678 languished in Committee without a vote.
Property Rights and Housing Affordability
HB 1061 Southern Maryland - Dwelling Registration and Inspection - Fees and Fines
This bill allows code home rule counties in Southern Maryland (Charles County) to require residential rental properties to be registered, charge a registration fee and impose a fine for unregistered properties. The bill also authorized additional regulations and related fines. At issue is the continued onerous burdens placed on property owners who own a couple of investment properties. The unintended result is that more properties get sold outright. The potential net effect of this bill is that it drastically shrinks the pool of available housing. Though currently, this bill affects Charles County, it is written to cover "code home rule counties" and can potentially affect St. Mary's County. I voted no to HB 1061; however, it did pass both Chambers and will become law.
HB 18 Landlord and Tenant – Eviction Action – Right to Counsel
HB 18 gives lower-income tenants the right to free legal representation in eviction proceedings at the State or local government's expense. In fact, the bill sets up a direct pathway for local governments to add an additional fee for property owners to fund the legal defense for tenants.
This bill goes beyond merely establishing the right to counsel for evictions and would create a cadre of publicly funded attorneys charged with bringing suit against housing providers. About 70% of the properties offered for residential use are owned by people with a couple of investment properties, often making supplemental income.
I offered an amendment to allow property owners who have 4 residential rental properties or less to have the same access to free legal representation. Unsurprisingly, the amendment failed. I voted no to HB 18, however, it did pass both Chambers and will become law.
Taxes
SB 133-Local Tax Relief for Working Families Act of 2021
This bill is misleadingly titled, as the bill does NOT contain any provision that would provide any tax relief or tax cut for middle or lower-income taxpayers. The bill allows the localities the option to apply the income tax at a bracketed tax system. The result being higher earners will be taxed at a higher rate; however, there is no mechanism for that revenue to be applied to any tax relief for middle to lower-income taxpayers. Republican amendments that added language to ensure these taxpayers actually receive relief, as the title suggests, were voted down. I voted no to SB 133; however, it did pass both Chambers and will become law.
Healthcare
SB 41- Health – Mental and Emotional Disorders – Consent (Mental Health Access Initiative)
My office received the most email in opposition to this bill. The bill allows children under the age of 12 to legally consent to medical diagnosis and treatment for the mental or emotional disorder without notifying the parents. This bill erodes the relationship between parent and child, and unsurprisingly, we received a lot of opposition from the general public. The General Assembly, however, pushed full steam ahead with this legislation. I believe that your children are yours, not the State's, and barring evidence of neglect or abuse, parental rights should not be hijacked. I voted no to SB 41; however, it did pass both Chambers and will become law.
Operating Budget
The most important and the only Constitutional requirement that the Legislature must pass is a balanced Operating budget by law.
House Bill 588 – Fiscal 2022 Budget Bill & HB 589 Budget Reconciliation and Financing Act
The budget passed by the General Assembly this year is balanced. It enhances the State's savings accounts, including $1.4 billion in the Rainy Day Fund and a nearly $700 million fund balance in the General Fund.
The budget also maintains Governor Hogan's ongoing commitment to education. State support for public schools will exceed $7.5 billion. Direct aid to local school systems will increase an estimated $229.4 million, or 3.5%. The budget supplements the general obligation bond programs with $512 million for pay-as-you-go projects including $80 million of federal stimulus funds for heating, ventilation, and air conditioning improvements at public schools over the next two years. The budget plan provides $371.5 million for community colleges, a 9% increase over fiscal 2021.
Budget Reconciliation and Finance Act (BRFA)
While reviewing the BRFA (Budget Reconciliation and Finance Act), I noted that it contained one concerning Appropriations Committee amendment, removing a million dollars from the Charlotte Hall Veteran's Home. Charlotte Hall Veterans' Home is the only Veterans' home for elderly and disabled veterans in the State of Maryland. The House Democrats argued that this $1M cut, was in fact, a simple transfer, not a cut. However, since I highlighted the issue, the Senate returned the funds, and the House Committee consented. I am thrilled to have been able to advocate for our veterans, and the good news is that the funds were restored to Charlotte Hall Veteran's Home. I voted yes to HB 588/ HB 589; it passed both Chambers and will become law.
- Mechanicsville Elementary School $4,940,000
- University System of Maryland at SOMD Third Academic Building $4,829,000
- Historic St. Mary's City Maryland Heritage $4,792,000
- Leonardtown – Leonardtown Alley Network $225,000
- St. Mary's County Adult Detention Center Upgrades $1,856,000
County Bills.
As the Chair of the St. Mary's County Delegation, I am charged with sponsoring and advocating for the County's bills. The priority bills for this session:
HB 813 St. Mary's County Public Facilities Bond
This bill authorizes our County to borrow funds to finance construction & improvements on the County's public facilities. HB 813 passed both Chambers and will become law.
HB 862 St. Mary's County and Metropolitan Commission – Debt Limitations
This bill separates and sets the debt ceiling for the County and METCOM. HB 862 passed both Chambers and will become law.
To see the whole list of county bills, please visit the Maryland General Assembly Website, or contact my office for more information.
This session has been very different from what we've been used to in normal years. We have had many changes in an effort to limit the spread of infection. The Committee meetings were held entirely over Zoom, and every effort was made to make these and all meetings easily accessible to the public. Even Floor Sessions were very different as half of the members were segregated into an "Annex Floor," connected by video to the Floor at the State House.
As the 2021 session concludes, I am hopeful that the future will bring a continued and steady return to normalcy and that Maryland will indeed return to "open for business."
We see nearly 3,000 proposed bills yearly, and it is essential that I hear from residents! I am grateful that I heard from all of you - by phone, testimony, and emails - lots of emails! I hope that we keep this dialog open for the rest of the year and into the 2022 convening of the General Assembly.
If you have a concern or legislative idea, or if you have a constituent issue that you need assistance with, please call my office at: 410-841-3170/ 301-858-3170 or toll-free 800-492-7122 ext. 3170 or email me at [email protected] Thank you for your interest in the critical issues facing Maryland today. Please be sure to follow me on Facebook and Twitter for the most up-to-date information.
I hope you have a great summer. I'm sure that I will be seeing you in our community and hopefully, as we are able to, at the many great community events that St. Mary's County is known for, so please stop me and say hi!
Warm regards,
Matt Morgan
State Delegate 29A