Brian Frosh
For State Senate
Blog
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Public Hearing on Pepco's Performance
Posted Aug 26 at 9 AM
Maryland's Public Service Commission (PSC) has started the investigation into Pepco's performance that I and others requested. The PSC held an initial hearing in Baltimore on August 17th and plans another hearing in Rockville on Monday, August 30th at 6:00 p.m. The hearing will take place in the 3rd floor Council Hearing Room of the County Office Building located at 100 Maryland Avenue. The public is invited to testify at the Rockville hearing. I plan to be there, and I hope other citizens who have suffered power outages will also plan to testify.
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Public Service Commission to Investigate Pepco
Posted Aug 24 at 9 AM
The recent storms that pummeled the Washington, D.C. metro area have magnified my concern that Pepco is unprepared to handle these types of emergencies. It also brings into question the adequacy of their regular maintenance efforts.
The July 25, August 5 and August 12 thunderstorms left thousands of customers without power for up to five days. Further, Pepco failed to effectively communicate with its customers during the power outage.
I, along with other elected officials, have asked the Public Service Commission (PSC) to investigate Pepco's electric grid, maintenance and ability to handle emergencies. Governor O'Malley also called for a PSC review.
On August 12, the PSC issued an order initiating a proceeding to investigate Pepco's "electric distribution system and the quality of electric distribution service." A legislative-type hearing was held on August 17th to allow Pepco officials to respond to questions from the Commission and for the Commission to detail how the investigation will be conducted.
I am pleased that the PSC will conduct this investigation and hope that the results will guide Pepco to make necessary improvements to its maintenance efforts and ability to respond to power outages and other emergencies. -
Protecting the Chesapeake from off-shore drilling
Posted Jul 09 at 9 AM
It’s been more than two months since the Deepwater Horizon drilling rig exploded in the Gulf of Mexico, killing 11 people and unleashing an environmental disaster of untold magnitude. We are still many weeks away from completely containing the oil spill and years away from repairing the damage the spill is causing. BP will be liable for the expense of cleaning up the oil, compensating local residents, and helping to restore the Gulf to its historical beauty.Campaign Literature
But this environmental disaster never should have happened in the first place.
The Maryland legislature has a long history of fighting off-shore drilling in the mid-Atlantic. In the late-1980s, Exxon and Texaco drilled exploratory wells in northeastern Virginia. Even though these efforts came up dry, the companies sought to cross over into Maryland waterways to continue their search for oil and natural gas.
At the time, I served as a member of the House of Delegates and sponsored legislation that banned drilling in the Chesapeake Bay and its tributaries.
Several years later, we passed the Oil Spill Protection Act, which expanded liabilities and increased fines and penalties for oil spills in our waters. That measure, which I also sponsored, increased state regulatory powers over oil transport and storage and provided for full liability for spill damages and a penalty of $100 per gallon.
Earlier this year, President Obama proposed opening oil and gas drilling leases in Alaska and off the coast of Virginia. The Administration temporarily halted the approval of these permits until the investigation of the disaster in the Gulf of Mexico is finished.
I applaud this decision and hope that when the true environmental and economic cost from the Gulf disaster is revealed, the Administration will keep offshore drilling away from the Chesapeake Bay and restrict deepwater drilling in other U.S. coastal waters as well.
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Why Protecting Oysters Should Be a Priority
Posted May 27 at 10 AM
We've all heard about the excess nutrients and sediment that threaten to choke the life out of the Chesapeake Bay. Much of the fight for a cleaner Bay focuses on reducing the flow of those pollutants into the estuary. But what about the gunk already in the Bay?
Think oysters.
Crassostrea Virginica, the Bay's native bivalve, is a living vacuum cleaner. A single oyster filters up to 50 gallons of water a day. Researchers estimate that the Bay's oyster population once filtered the entire estuary in just over three days, removing nitrogen and phosphorous and stabilizing sediment suspended in the water. Now the job takes almost a year.
Because of disease, overfishing, and environmental degradation, the Bay's oyster population has dropped to one percent of its historic high. A fishery that employed 4,000 watermen as recently as 1990 now sustains fewer than 400.
Maryland has worked for years to re-establish the Bay's oyster population. In the 2008-2009 season, the state spent more on its shellfish program than the entire value of the oyster harvest. And just last week, Governor O'Malley announced an ambitious program to put 25 percent of the state's oyster bars in sanctuaries.
None of the past efforts have worked, and the prospects for the latest initiative aren't bright--thanks mostly to poaching.
Dr. Don Meritt, a former waterman who heads the state's oyster hatchery program at the University of Maryland, estimates that 75 percent of Maryland's protected oyster beds have been poached. That's illegal, of course, and there are penalties. But the penalties are mostly mild. Some even carry prepayable fines.
Last January, for instance, four men were arrested for illegal oystering in Talbot County. They were power dredging at night, without navigation lights, more than a mile into a well-marked area where power dredging was prohibited. The penalty: $375 a person.
Poaching doesn't just rob honest watermen. What especially bothers Don Merritt is that it destroys scientific data that will help us understand what works and what doesn't in the battle to restore oysters.
To address the problem, I introduced legislation during the 2010 General Assembly session that directed the Department of Natural Resources to revoke a person's oyster license if a hearing officer concluded that the individual had poached. Watermen and environmentalists both supported the bill at its hearing. It passed the Senate unanimously, but got caught in legislative bickering about the Governor's oyster sanctuary program and died when the session ended.
I plan to introduce the bill again next year. The hard fact is that no restoration program will work until we get the poaching problem under control.
I hope you have a safe and relaxing summer that includes enjoying the beautiful Chesapeake Bay.
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2010 Legislative Session Summary
Posted Apr 22 at 3 PM
With the General Assembly’s 2010 session finished, I wanted to give you a brief rundown on the budget and several other matters that came before the Legislature this year.
The Budget: Faced with the worst economic climate in generations, the General Assembly adopted a balanced budget of $32 billion for fiscal year 2011. Total spending will drop from the 2010 level and General Fund spending will actually be less than it was four years ago. In addition to program cuts and reduced aid to local government, the state will abolish 500 positions, government employees will be furloughed for a third year and state highway user revenue, which pays for local road repairs, will be cut to almost nothing. In the midst of the reductions, state funding for K-12 and higher education remains essentially steady and an attempt to shift part of the state’s cost of teacher pensions to the counties failed.
False Claims Act: After years of trying, the General Assembly finally enacted a whistleblower law. Modeled on federal legislation, the statute opens a new front in the war on Medicaid fraud, and it will save Maryland as much as $20 million a year. The bill authorizes our Attorney General to file civil actions in Medicaid fraud cases and allows whistleblowers who know about fraud to participate in the actions.
BPA Ban: Another measure long in the making is a ban on Bisphenol A (BPA) in food and drink containers used by toddlers. BPA is a compound found in many plastics and has long been suspected of having links to breast and prostate cancer, diabetes, heart disease, and hyperactivity. I was pleased to sponsor successful legislation this year adding Maryland to the states prohibiting BPA’s use in containers used by infants and toddlers.
Child Support Guidelines: A bill I sponsored updates the guidelines courts use to set child support payments. The guidelines hadn’t been revised since 1989.
Cell Phones: As of October 1, drivers in Maryland will be prohibited from using hand-held cell phones. Violations will be “secondary” offenses, meaning police can only charge you with a cell phone violation if they pull you over for another “primary” offense such as speeding.
Legal Services: The Maryland Legal Services Corporation (MLSC) will get much needed financial assistance from a bill I sponsored that temporarily increases surcharges on some court filing fees. MLSC funds legal services to low-income people in civil cases. Its budget, based largely on interest on lawyers’ trust accounts, has taken a hit because of the recession even as caseloads have increased.
Teachers: Legislation that reforms teacher tenure rules and makes Maryland eligible for $250 million under the federal Race to the Top program won approval. The bill increases the probation period for new teachers from two to three years.
Jobs: Employers will be able to claim a $5,000 tax credit for each unemployed Marylander they hire under a bill Governor O’Malley has already signed.
Environment: This was a lean year for environmental legislation. But an important measure requiring transportation projects to be evaluated by their effects on the state’s environmental goals passed in the final hours.
The 2010 session seemed to involve an unusually large number of hard choices, due partly to the state’s tight finances. I am grateful to the people who took the time to contact me about issues before the General Assembly. I hope you will continue to keep in touch now that the legislative session is over.
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Maryland Daily Record Editorial
Posted Apr 14 at 11 AM
Dear Friend,
The final weeks of the legislative session are often punctuated by bad ideas. As we prepare to wrap up this year, a proposal to punish the University of Maryland School of Law found its way into the Budget.
The Law School's Environmental Law Clinic represents nonprofit environmental groups that are suing Perdue Farms and others contending that they are polluting a tributary of the Chesapeake Bay. That suit and other actions taken by the Clinic on behalf of environmental groups prompted the initiative that would withhold money unless the Law School discloses all clients that its clinics have represented for the past several years and details all expenditures and sources of funding for their activities. It's an abridgement of academic freedom and an effort to rein in the Law School's efforts. The Maryland Daily Record weighed in with an editorial that I thought you might find of interest. It's reproduced below.
I'll update you on the remainder of the legislation in a few weeks. Until then, I hope you have an enjoyable spring.
Sincerely,
Brian E. Frosh
________________________________________________________________________Keep law clinic’s funding separate from reporting
by Editorial Advisory Board
Published: March 30th, 2010
Some members of the General Assembly are upset that students and faculty at the University of Maryland School of Law’s Environmental Law Clinic are representing two nonprofit environmental groups that have sued Perdue and one of its contractors, a chicken farmer, for allegedly polluting a river that runs into the Chesapeake Bay. The legislators are concerned that a state-funded law school is suing Maryland businesses and have proposed to withhold funds from the law school until it submits a report that identifies all clinic clients, sources of funds and the criteria other clinics use to select clients.
Although one well-regarded state senator, Judicial Proceedings Chairman Brian Frosh, attempted to blunt the proposal, the effort continues. It appears that the issue is headed for a conference committee.
Senator Frosh’s amendment would require the School of Law to submit “a report containing complete information, to the extent possible, from the Environmental Law Clinic listing and describing each legal case in the past two years in which they participated in a court action, including the client represented, complete delineation of the non–privileged expenditures for each case, and the source of funds for each expenditure.”
Recognizing the deeply troubling nature of the precedent established by his brethren, Senator Frosh is reported to have said, “It is better than it was, but it’s still a pretty big abridgement of academic freedom.” The message to the clinic, he went on to say, is a threat: “If you guys are getting involved in issues that we don’t like, or you’re bothering people that we do like, we want you to shut up.”
We could not agree more with the senator’s views.
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A Maryland Response to the U.S. Supreme Court
Posted Mar 09 at 9 AM
Dear Friend,
Through its ruling in Citizens United v. Federal Election Commission, the U.S. Supreme Court has cleared the way for an unprecedented corporate advertising barrage in both national and state elections.
But we can and must put reasonable rules in place to guide such spending. Under a package of legislation that Sen. Jamie Raskin and I are sponsoring, companies would have to observe certain requirements in state and local elections.
The Gazette ran an op-ed by Laslo Boyd on Friday supporting our legislation. An excerpt and link is provided below.
Sincerely,
Brian E. Frosh
________________________________________________________________________A Maryland response to the U.S. Supreme Court
By Laslo BoydUnder the leadership of Chief Justice John Roberts, the Supreme Court has been a tireless and determined defender of the rich and powerful, the overdogs of American society. The recent decision to afford corporations the First Amendment rights of individuals - where's James Madison when we really need him? - and to nullify decades of efforts to keep wealth from dominating our political system is the most recent example.
With American politics looking increasingly dysfunctional and unable to respond to the key issues facing the country, the distorting role of money, and the interests that it represents, has been a major contributor. The Supreme Court's 5-4 ruling in Citizens United v. Federal Election Commission threatens to exacerbate an already-imbalanced situation. As countless examples demonstrate, those with the most financial resources dominate our political system.
But the Supreme Court has spoken, and its decision is the law of the land. Unlike some past instances in which opponents urged resistance or outright defiance of a court's ruling, the proper response is to figure out how to work within the guidelines established by the Citizens United decision.
That's exactly what Sen. Brian Frosh and 19 Senate co-sponsors are proposing with SB 570, which had its initial hearing in the Senate Judicial Proceedings Committee last week. Frosh has taken the language and logic of Justice Anthony Kennedy's majority opinion - that the First Amendment is a protection for citizens and associations of citizens - as his starting point. If corporations are to be viewed as associations of citizens, then it seems reasonable to insist that they engage in a collective and democratic decision-making process about how their association will participate in the political process.
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February 2010
Posted Mar 01 at 9 AM
The legislative session is in full swing and I wanted to update you on a vital public safety issue. Earlier this month, I introduced the Firearms Safety Act of 2010, a bill aimed mainly at reining in dealers who sell to gun traffickers.
Two editorials about the bill have appeared since I introduced it: one in the Post, the other in the Washington Times. Together, they are a tale of two cities. In one—the Post’s—the bill is an overdue, responsible effort to reduce murders in Maryland, where the homicide rate is 3rd highest in the nation and over 70 percent of the deaths involve firearms.
In the other—the Time’s city—the bill is Satan’s spawn, an infringement on fundamental American rights, the harbinger of a coming police state.
The Time’s editorial contains breath-taking factual errors about the bill itself. But the two editorials together show the extreme divergence of views about firearms in Maryland, and, almost certainly, in the whole nation. They show again why this is such a hard issue to address. Judge for yourself:
________________________________________________________________________EDITORIAL: Sensible rules for gun sales in Md.
In 2008, 493 people were murdered in Maryland, 72 percent of them with firearms. Sadly, this is not unusual. FBI studies show that the state has for years had one of the highest murder rates in the country, with guns used in the vast majority of homicides.
>>Read the rest of the Editorial
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EDITORIAL: Gun owners in cross hairs
The gun grabbers are at it again in Maryland. Next month, the state's House Judiciary Committee will initiate hearings on legislation forcing firearms enthusiasts to register with the state government before they can exercise their Second Amendment rights.
>>Read the rest of the Editorial
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I believe that we need to give law enforcement officers the necessary tools to stop illegal gun dealing and to ensure that those who purchase firearms are law-abiding citizens. I encourage Maryland citizens to debate all important pieces of legislation and I appreciate the participation by our local news outlets. As always, I will continue striving to be a voice for reasonable public-safety rules that protect all Marylanders.
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2010 Legislative Preview
Posted Jan 22 at 10 AM
I'd like to give you a preview of the key issues that the Maryland General Assembly will consider in our 90-day legislative session that began last week. As you probably know, we face another difficult budget year, but we will also consider critically important policy questions in areas such as the environment, energy, foreclosures and public safety.
Budget: As in 2009, the big issue of the year will be the budget. The state faces a $2 billion budget gap that we must close. I believe that the final budget must preserve essential services, make smart investments in the state's future and continue to support Maryland families hurt by the recession.
Judicial Proceedings Committee: The Senate Judicial Proceedings Committee, which I serve as chair, will take up several important issues, including:
- Drunken driving: We will consider legislation that would require an ignition interlock system for convicted drunk drivers. This device requires a driver to blow into a small handheld alcohol sensor unit. The car cannot be started if the driver's blood alcohol content is above a certain level.
- Foreclosure: We will build on work in past sessions and develop ways to mitigate the effects of the foreclosure crisis on Marylanders.
- Public Defenders Board of Trustees: Following a special hearing I called last fall, we will consider legislation to increase the size of the board as a way to diversify its representation and improve its oversight of the state public defender's office.
Environmental and health legislation: I will continue to focus on legislation that will improve the health of Maryland citizens and protect our environment.
- Bisphenol A: I will introduce legislation banning Bisphenol A (BPA) in items used by children under the age of 4. This plastic softener, which is used in products such as baby bottles and sippy cups, is suspected of causing adverse health affects.
- Oyster poaching: One of the biggest threats to restoring the oyster population in the Chesapeake Bay stems from fisherman poaching oysters from areas that are off-limits. I will sponsor legislation that will require poachers to forfeit their licenses.
- Green Buildings: Maryland law requires state buildings to meet the U.S. Green Building Counsel's LEED Silver Standards. I will introduce a bill that expands this requirement to buildings that are constructed either wholly or in part with state funds.
These are just a few of the important issues that the Maryland legislature will consider in the coming months. I will continue to update you on our progress. As always, I greatly appreciate your thoughts on issues facing the General Assembly
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November 2009
Posted Nov 19 at 9 AM
The Office of the Public Defender (OPD) is often overlooked as a state agency, but it represents an enormous number of people—more than 200,000 last year alone. The office fulfills a constitutional mandate and is essential to our judicial system. Among other activities, the OPD gets involved in nearly every death penalty case in the state and plays a vital role in the juvenile justice system.
Advising the public defender is a three-member board that has authority to fire the incumbent. On a two to one vote, the board recently dismissed Nancy Forster, the long- time public defender. The immediate cause was Ms. Foster’s refusal to implement policy changes the board had insisted upon.
Basically, the board wanted the OPD to disband some specialized units and to restrict the role of non-attorneys in the office’s operation. The firing highlighted fundamental differences about policy and governance that I felt needed investigation. As a result, I convened an oversight hearing of the Senate Judicial Proceedings Committee. The hearings revealed the following:
First, the OPD uses social workers to access drug treatment programs and other services that might present alternatives to incarceration. The practice saves the state money, frees up attorneys’ time, and keeps some people out of jail permanently. The board sought to terminate that practice. A panel of national experts, as well as the acting and former public defenders, argued persuasively that doing so would be a mistake.
Second, the board wanted to disband the OPD units that specialize in death penalty and post-adjudication juvenile cases. Again, outside witnesses were unified in opposition. The four-person juvenile unit represents all of the juveniles in custody in our state in constitutionally required post-conviction services, and the unit appears to be cost-effective. The portfolio of the capital defense unit has been expanded to include aggravated felonies. Defense of capital crimes is a highly specialized, complex undertaking; I’m convinced it would be inefficient, and probably ineffective, to expect the average assistant public defender to represent individuals charged with a crime for which the penalty is death.
Beyond these specific issues, a basic organizational question emerged at the hearing: who gets to call the shots at OPD, the board or the public defender? Current law tilts in favor of the public defender and assigns the board an advisory role. On balance, I think that’s the way it should be: the public defender has skills and experience to do the job and shouldn’t be fired without cause, but should, perhaps, serve a limited term in the position.
I came away convinced that the governing board’s structure needs basic changes. It should have more than three members. And it should be diverse geographically and include individuals with more varied expertise than is now possible. I plan to introduce legislation in the 2010 session that will expand the board’s membership and more clearly define its relationship to the public defender, changes that will allow this important office to perform its duties efficiently and effectively.
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Legislative Session Summary
Posted Apr 21 at 10 AM
Dear Friend,
With the 2009 session of the General Assembly now finished, I wanted to give you a brief rundown on the budget and several other matters that came before the Legislature this year.
Budget. Despite falling state revenues, the General Assembly approved a balanced budget of $13.8 billion. The budget largely freezes agency spending and reduces aid to local governments but sets aside funds for some priorities, including money that will allow Maryland's public universities to hold tuition steady for the fourth year in a row. K-12 funding is preserved, thanks to federal stimulus funding. The budget includes $96 million in unexpended funds as protection against future economic downturns and Maryland retains its AAA bond rating.
Judicial Proceedings Committee. A number of high profile bills this year came before the Judicial Proceedings Committee, which I chair. Here's a sample:
* Police Surveillance. Disclosure that Maryland State Police infiltrated anti-war groups and anti-death penalty groups in 2005 and 2006 led to widespread outrage last summer. New legislation prohibits state and local police from infiltrating groups without credible evidence of actual or potential criminal action and a written finding that less intrusive means of investigation aren't likely to yield results.
* Death Penalty. Governor O'Malley led an uphill effort this session to repeal the death penalty. Although repeal failed, legislation passed creating safeguards to help prevent the execution of innocent parties. To invoke the death penalty, the new rules require prosecutors to present biological evidence, a videotaped confession, or a video that conclusively links the accused to the crime.
* Domestic Violence. Two bills passed that will help reduce the threat of injury or death in domestic disputes. The first, modeled on legislation I introduced last year, allows judges to order people subject to temporary protective orders to surrender their firearms. The second requires people subject to permanent protective orders to surrender any firearms in their possession for the duration of the protective order.
* Speed Cameras. Legislation allowing speed cameras in work zones and school zones won approval. Montgomery County's program, which also permits cameras in residential areas, was grandfathered into the new program.
* Drivers' Licenses. Bills passed cracking down on drunken drivers, enhancing teen driver safety, and requiring applicants to document their legal residency in order to obtain drivers licenses. Among these bills is one I sponsored requiring the Motor Vehicle Administration to suspend licenses of young drivers found guilty of hit and run, reckless driving or other serious traffic offenses. The bill closely follows Georgia legislation that dramatically reduced traffic accidents and deaths among teen drivers.Environmental Standing. I was delighted to sponsor legislation that achieved a goal the environmental community has had for almost a generation: making it easier for people to contest environmental decisions made at the administrative level. The bill also gives associations – as well as individuals – the legal standing to contest such decisions. The new rules, which mirror federal law, allow a party to contest a decision if the party has suffered a concrete injury that's traceable to the defendant's action. The bill also streamlines the decision-making process by eliminating administrative hearings on contested decisions and taking disputes directly to court.
Other Environmental Bills. Governor O'Malley's bill committing Maryland to a 25 percent reduction in greenhouse gases won approval. So did a measure requiring new septic systems and septic upgrades in the critical areas near the Chesapeake and its tributaries to incorporate the best available technology for nitrogen removal.
I remain grateful to all of you who write and call about issues before the legislature. All the best for a good spring and summer.
Sincerely,
Signature
Brian E. Frosh
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SB420
Posted Apr 03 at 11 AM
Nearly 1,100 bills were introduced in the Maryland Senate this year. Unfortunately, more than a handful were “solutions in search of problems.” These bills were red herrings, generated by interest groups concerned with keeping their members engaged in the legislative process.
Senate Bill 420 is a classic example of a red herring.
Under current law, you may use reasonable force to repel a home invader without the risk of civil liability. Yet the Associated Gun Clubs of Baltimore and other pro-gun groups that support SB 420 claim that you could be sued by a home invader. They argue that their bill would solve that problem. They are wrong.
SB 420 would allow you to use violence against an intruder who breaks into your home with the intent to commit a burglary or crime of violence. The bill would deny you protection if you acted with malice or gross negligence. These terms – intent, malice, and gross negligence – would give rise to disputes that will fuel civil suits.
SB 420 would repeal the longstanding rule that you may act reasonably in defense of your home. Protecting unreasonable actions is, perhaps by definition, dangerous public policy. The bill invites violent responses, to no obvious good end.
At the public hearing on SB 420, I asked witnesses for examples of successful lawsuits against people who exercised their right to protect themselves and their families in their home. No one could identify a case, in Maryland or elsewhere, and no one has identified a case since the hearing.
The bottom line is clear: SB 420 seeks to solve a problem that does not exist. The bill’s proponents know this, and they are trying to change the subject. Rather than debating the merits of their idea, they are telling anyone who will listen that I am trying to “circumvent the will of the entire General Assembly.” They want you to think I oppose your right to protect yourself simply because I oppose their bill. Nothing could be farther from the truth.
State law protects your right to use reasonable force to protect yourself and your family in your home. I support that law. I will oppose attempts to undermine it, and I will continue to oppose bills designed to solve problems that do not exist.
As chairman of the Senate Judicial Proceedings Committee, I am obligated to make sure the Senate focuses on the most important pieces of legislation – bills that are well-crafted and seek to offer good solutions to problems affecting Marylanders. SB 420 does not meet that test.
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February 2009 Newsletter
Posted Feb 27 at 5 PM
Dear Friend,
I thought you would be interested in an op-ed that I wrote about the introduction of Asian oysters into the Chesapeake Bay. The op-ed appeared in the Gazette.
_____________________________________________________________________
Friday, Feb. 20, 2009
Brian E. Frosh: Native oysters, not Asian species, are key to saving BayCommentary | Brian E. Frosh
After five years of study and a long-awaited draft Environmental Impact Statement from the Army Corps of Engineers, federal authorities and officials in Maryland and Virginia must soon decide whether to introduce an oyster species from Asia into the Chesapeake Bay.
To me the conclusion is clear: Stick with our native oyster. It will thrive once again if given a fair chance.
I have followed this issue since it was proposed in Virginia and later adopted by some in Maryland as a possible silver bullet for both the Bay's oyster woes and water-quality problems. Some in Virginia are discussing legislation backing the introduction of Asian oysters.
In decisions of this magnitude, we need to listen to our scientists, citizens and neighbors.
Leading scientists caution that the risks involved with the Asian oyster are too great and the benefits too uncertain. Pointing to significant advances in native oyster restoration, evidence of increasing disease tolerance in protected sanctuaries and recent advances in aquaculture, the scientific community is recommending improved and expanded efforts with our own oyster as the surest path to success. This guidance comes from the Virginia Institute of Marine Sciences and the Chesapeake Bay Program's Scientific and Technical Advisory Committee, as well as groups like the Chesapeake Bay Foundation, The Nature Conservancy and the Natural Resources Defense Council.
Researchers at the Johns Hopkins University's Bloomberg School of Public Health report the Asian oyster is more likely to harbor human viruses and may be able to hold more harmful pathogens for longer periods of time, increasing the risk of people getting sick from eating it.
The introduction of the foreign oyster is opposed by all three federal agencies that assisted the Army Corps with the environmental impact statement, including the National Oceanic and Atmospheric Administration, the Fish and Wildlife Service, and Environmental Protection Agency. The EPA has rated the environmental impact of Asian oysters as "environmentally unacceptable."
I understand that almost 2,000 people took time to submit a comment, and the vast majority of them opposed the Asian oyster in favor of working to restore the native species. You have to be impressed when that many people stop for a moment to weigh in on a topic remote from the usual concerns of their daily lives.
Our neighbors in Delaware, New York, New Jersey, North Carolina, and South Carolina all oppose the introduction of foreign oysters because of the inevitable spread to their states. Fisheries commissions representing East Coast and Gulf Coast states have also voiced their opposition.
America's landscape is littered today with pests introduced into ecosystems where they don't belong. Think of gypsy moths or zebra mussels. Think of MSX, an Asian parasite, probably introduced by a foreign bivalve, that has devastated the Bay's native oysters.
We have spent enough time chasing a magical Bay-cleaning silver bullet. It is time to tackle the hard tasks like improving water quality to eliminate dead zones of low oxygen and decrease sediment loads that smother oyster reefs.
Let's refocus on what is working. That means well-planned native oyster restoration projects implemented at geographic scales that are large enough to make a measurable difference and placed in the best possible locations and protected from harvest. It also means development of a job-producing oyster aquaculture industry that is already showing dazzling promise, enabled by much-needed updates to century-old state laws governing use of the Bay bottom land and water column.
The answer does not lie with an oyster from Asia, but rather with our own oyster properly restored and managed for ecological benefits and cultivated by industry for commercial production.
Brian E. Frosh, a Democrat from Bethesda, represents District 16 in the state Senate, where he is chairman of the Judicial Proceedings Committee. He previously chaired the Senate's Environment Subcommittee.
http://www.gazette.net/stories/02202009/policol154552_32478.shtml
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January 2009 E-Newsletter
Posted Feb 03 at 3 PM
Dear Friend,
The 2009 General Assembly session will be dominated by efforts to solve the state's fiscal problems. It's clear that we will face tough spending decisions and there will be few if any new spending programs.
Like many other states, Maryland faces a major budget deficit - nearly $2 billion in the fiscal year beginning in July - a gap we must close before we adjourn in the spring. Governor Martin O'Malley's recently submitted budget proposal is lean and, in some cases, imposes painful cuts to important programs, including state funding to local school systems. It also would force layoffs for about 700 state workers. The governor's plan anticipates that Maryland will receive $350 million from the federal government as part of the economic stimulus package being considered in Washington, D.C. If that level of assistance does not materialize, we will likely be facing additional spending cuts. Sacrifices will be needed throughout state government as we work to pass a budget. But I will do my best to protect key priorities such as education and the environment.
Aside from the budget challenges, we will also consider policy questions that are critically important in such areas as public safety, domestic violence protections, public health and smarter land-use planning. Two in particular will receive significant attention.
Death Penalty
The Maryland Commission on Capital Punishment, headed by former U.S. Attorney General Benjamin R. Civiletti, issued a strong report in December calling for repealing the state's death penalty and replacing it with a penalty of life without the possibility of parole. Recently, Governor O'Malley has announced that he is sponsoring repeal legislation, which gives the repeal effort a major boost with lawmakers. With his commitment and growing public support, 2009 may be the year that Maryland ends capital punishment.
Domestic Spying
Last year we learned that the Maryland State Police repeatedly spied on a range of non-violent groups, including peace activists, environmental groups, and anti-death penalty advocates. Overzealous investigators even entered some names into a law enforcement database designed to keep track of terrorism suspects. While the spying has long since stopped, it is critical that police agencies refrain from monitoring law-abiding citizens engaged in community activism. To ensure that this does not happen again, I have joined other senators in sponsoring legislation that will require the Maryland State Police to have a reasonable suspicion that a group is involved in criminal activity before mounting any investigation.
I will continue to update you throughout the legislative session. In the meantime, I greatly appreciate your thoughts on any issue facing the General Assembly.
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November 2008 Newsletter
Posted Nov 19 at 11 AM
Dear Friend,
As the Washington-area population continues to grow, Maryland, Virginia and the District of Columbia must take steps to improve mass transit and accommodate more commuters. In Virginia, for example, officials are looking to build a new Metrorail extension through Tyson's to Dulles Airport.
In Maryland, the current transportation option being considered is the Purple Line connecting Montgomery and Prince George's counties. The Purple Line would be a 16-mile east-west rapid transit line running inside the Capital Beltway from Bethesda to New Carrollton.
Why is it needed? Planners estimate that by 2030, it will take a full hour and 48 minutes to make that 16-mile trip by car. That will mean many of us will lose even more time stuck in traffic, away from families and work. The Purple Line will help ease congestion on the Beltway. Plus, it offers significant environmental benefits. We need to get much more aggressive about reducing the terrible air pollution in our area. We also need to reduce the emission of greenhouse gases. Fast, convenient mass transit is an obvious part of the fix. I fully support the Purple Line and will work with my colleagues to evaluate the best alignments for the line and to make sure it is funded.
Many citizens in the area have serious concerns about the Purple Line's path. The proposed path would use the old CSX right-of-way that now accommodates the popular Georgetown Branch interim hiker-biker trail. The temporary Georgetown Branch trail should ultimately be completed and made a part of the Capital Crescent Trail.
I have been an enthusiastic supporter of the Capital Crescent Trail throughout my legislative career. I was instrumental in obtaining state funding for the Capital Crescent Trail, and, as an avid biker, I use the trail each week to commute to work and/or just for pleasure. The CSX right-of-way can accommodate both the Capital Crescent Trail and the Purple Line. And an important condition of construction of the Purple Line must be the completion of the Capital Crescent Trail.
The Maryland Transit Administration recently analyzed the need for the Purple Line and evaluated alternatives ranging from doing nothing to making improvements to existing roads and intersections and expanding bus service, as well as six alternatives for building the line. These construction alternatives include three light rail options and three rapid bus options.
Light rail has clear advantages over any of the bus options. Light rail is faster, more reliable, and it can be expanded years from now to handle additional passengers: just add more cars to the trains.
This report is available for review on the Maryland Transit Administration's website and is available for comment until January 14. At that point the Maryland Department of Transportation will adopt one of the options and will prepare a proposal to the Federal Transit Administration for review. Please take some time to look over the alternatives and express your point of view.
A strong public transportation system can relieve some of the traffic congestion that hurts the quality of life for so many people in this region. Building a well-planned Purple Line is an important step in making sure that Montgomery County and Price George's County continue to be desirable places to live and work.
Sincerely,
Brian E. Frosh
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October 2008 Newsletter
Posted Oct 08 at 3 PM
For more than a decade, the lure of slot machines as a way to generate state revenue and help the racing industry has tied the General Assembly in knots. Having resisted temptation for many years without entirely renouncing it, the General Assembly last winter voted to turn the decision over to Maryland voters. Thus, you will get to decide in November if the state constitution should be amended to allow 15,000 machines at five locations in Maryland. The amendment proposes to use the returns from slot machines mostly to fund K-12 education.
People of good will differ about this issue. But for me, the decision is simple: the amendment should be defeated.
From 2001 to 2003, I served as co-chair of the Senate Special Committee on Gaming. The experience convinced me that the burdens that gambling imposes on state and local government and the community make slots a very shaky undertaking. These burdens will add to the expense of building new infrastructure to accommodate the crowds, the potential for higher crime rates, bigger crime prevention budgets and beefed up social services programs to address the problems attendant to gambling addiction.
On top of that, we must consider the likely blow to the state’s business economy. Every entertainment dollar that goes to gambling is an entertainment dollar taken away from a local establishment. “There’s only so much disposable income people have,” Ocean City Mayor Richard Meehan said last year as he considered the prospect of 2,500 slots at Ocean Downs competing with the boardwalk.
What’s more, the argument that the slots amendment will raise money for schools is seriously flawed. By 2013, when the system is up and running, the state is estimated to receive returns of $660 million—less than 60 percent of the total take.
It’s true that all the state’s portion is earmarked for education. But the nonpartisan Maryland Budget and Tax Policy Institute calls that an accounting gimmick. The state’s education budget—currently $5.5 billion—is set according to formulas based on enrollment and other factors. The budget won’t go up because another $660 million is available. Instead, the slots money will shift existing education dollars to be spent in other areas.
The money that does not go to state government will be divided mainly among local governments, licensees, the state lottery and minority business investment. The racing industry will receive more than $130 million a year.
Close to $100 million of that money earmarked for racing interests will go to increase purses. Most of that money will leave the state. In 2007, 58 percent of Maryland’s purse money went to out-of-state owners, according to the Maryland Tax Education Foundation. A scant 100 recipients got three-fifths of the part stayed in Maryland.
I question the strategic importance of subsidizing the horse racing industry. It is a dying business that accounts for only 0.2 percent of Maryland’s economy and 0.33 percent of our jobs. If we are going to subsidize any kind of business, we ought to focus on an area like biotechnology, which will give our citizens a chance at 21st century jobs with a future.
I am doubly disturbed by the prospect of sending tens of millions of dollars outside the state and distributing millions more to a handful of Maryland horse owners—all in the name of helping the racing industry.
Thanks to the current national economic mess, the General Assembly will face a deficit estimated at $1 billion when legislators set to work on next year’s budget. There is no way around the problem because the state’s constitution requires a balanced budget. Even if the constitutional amendment passes, the only slot revenues anticipated in 2010 will come from licensing fees.
The bottom line is that we’re going to have to balance the budget and pay for our schools the old fashioned way: by finding economies and making hard choices. Slots aren’t the answer.
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August 2008 Newsletter
Posted Aug 14 at 2 PM
Dear Friend,
Along with many others, I was deeply concerned over the recent news that Maryland State Police had engaged in undercover spying on peace activists and anti-death penalty groups.
At a minimum, these actions by State Police, which took place in 2005 and 2006, were a tremendous waste of resources; at worst, they were a significant violation of our citizens' civil liberties.
To ensure a full airing of this issue, I have called a special meeting of the Senate Judicial Proceedings Committee on September 16th to hear from state officials about their work to infiltrate these activist groups.
I am pleased that Gov. Martin O'Malley has also taken action and appointed Stephen H. Sachs to undertake an independent review of these actions.
As a former U.S. attorney and Maryland attorney general, Mr. Sachs is highly qualified for the assignment. I am confident that he will conduct a thorough review of the facts and provide the committee with a report that will inform our work.
There are many questions that need to be answered. Where did the surveillance take place, and why was it authorized? Did police use wiretaps or other surveillance that require a search warrant? Why were activists' names entered into a federal database of suspected terrorists or drug traffickers?
When the Judicial Proceedings Committee is convened in September, our role will be twofold. First, we will hear from witnesses and review documents to help us determine what actually happened.
We will then determine if a policy response is warranted. If it is, we will craft legislation to be considered during the 2009 legislative session, which begins in January.
Our committee's work, coupled with the report being prepared by Mr. Sachs, will give us a fuller picture of the undercover activity and provide lawmakers with a better sense of what, if any, changes in the law are required. I am certain that we will be able to ensure that Maryland continues to have effective law enforcement while our cherished civil liberties, freedom of speech and freedom of association, remain protected.
Sincerely,
Brian E. Frosh
My colleague on the Judicial Proceeding Committee, Senator Jamie Raskin wrote an op-ed in the Washington Post about this issue. Read the op-ed. -
June 2008 Newsletter
Posted Jun 30 at 3 PM
Dear Friend,
As school ends, many parents are concerned about their teenage drivers out on the roads. The Maryland General Assembly has paid close attention to these concerns. State law now includes important restrictions that parents and teens should be aware of and closely follow. Below is a summary of current teen licensing and driving laws:
Learner’s Permit Holders:
- A new driver must hold a learner’s permit for at least six months before becoming eligible for a provisional license.
- The learner’s permit driver must complete a minimum of 60 hours of driving practice with someone at least age 21 who has held a driver’s license for at least three years. That includes driving at night for at least 10 of those hours.
- Learner’s permit holders under 18 may not use any wireless communication device, including a cell phone, while driving, except to make an emergency 911 call. Violations may result in the suspension of driving privileges for up to 90 days.
Provisional Driver’s License Holders:
- A driver must have reached the age of 16 years and 3 months.
- During the first 5 months of the provisional period, drivers under the age of 18 may not carry passengers who are minors (under 18), unless they are accompanied by a qualified supervising driver or the passengers are immediate family members. Violations may result in suspension of driving privileges.
- Drivers under the age of 18 may not use any wireless communications devices, including a cell phone, while driving, except to make an emergency 911 call. Violations may result in suspension of driving privileges for up to 90 days.
- Drivers must hold the provisional license for 18 consecutive months with no moving violations.
- To convert a provisional license to a full driver’s license, the driver must be at least 17 years and 9 months.
During the 2008 session, the legislature considered several bills that would have made teenage driving laws stricter. I introduced legislation that would have suspended licenses automatically for teens who commit serious offenses, such as reckless driving or drunk driving. This legislation failed, along with one bill that would have extended the period in which young drivers are prohibited from carrying minor passengers and another piece of legislation that would have moved the curfew up from midnight to 10 p.m. The only teen driving proposal that passed during the recent session requires the Motor Vehicle Administration to notify parents or guardians if a teen driver receives a citation for a moving violation.
Studies show that graduated licensing requirements for young drivers save lives. You can expect to see renewed efforts to reduce injuries related to inexperienced drivers during the next session. I am hopeful that we can reduce the rate at which teenagers are injured, or cause injuries, as they learn how to become safe drivers.
I’d also like to briefly mention that my website has been redesigned and has a fresh, new look. I invite you to visit www.brianfrosh.com.
All the best for a safe and enjoyable summer,
Brian E. Frosh
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April 2008 Newsletter
Posted May 28 at 10 AM
Dear Friend,
Here is a quick rundown on budget issues and other key matters that came before the General Assembly during the legislative session that ended April 7th.
Foreclosure Legislation. The Senate Judicial Proceedings Committee, which I chair, reported a package of bills that gives homeowners additional protections during the foreclosure process. Borrowers will receive better notice of default and additional time to cure a default before a foreclosure sale. The measures also make the worst foreclosure "rescue" scams subject to criminal prosecution and prohibit transitions that trick owners into signing over the equity in their homes.
Judicial Proceedings Committee. The committee also approved measures expanding the state's DNA database to include people charged with crimes of violence or burglary (DNA samples of those not convicted will be removed) and a measure establishing a commission to study the death penalty.
Environment. I am pleased that a bill I sponsored, which allows adequate funding of the state's Clean Air Program, was enacted in the session's final minutes. At present, the Department of Environment has only 18 inspectors for nearly 12,000 stationary sources of air pollution. The measure we enacted will raise the fees polluters pay so that the Department can properly enforce the law.
And more than 20 years after it was established, the Critical Areas program underwent a major overhaul this year. The program protects vital buffers along the Chesapeake and coastal bays and their tributaries. The new law will provide better protection for state waters and enhance enforcement as well.
Energy Efficiency. Several important energy-conservation and demand-side management bills won approval. The newly-recreated EmPOWER Maryland program will reduce the state's electricity consumption 15 percent by 2015. A complementary piece of legislation will direct the auction proceeds from a carbon cap and trade program to energy conservation and electric customer rebates. A third measure will double the amount of electricity that suppliers must provide from renewable sources.
Budget. Declining state revenues, caused by the worsening U.S. economy, forced legislators to cut the budget again, despite a special session called last November to deal with the deficit. The final budget of $31 billion for fiscal year 2009 was $441 million less than the governor's initial request. Spending cuts over 18 months have topped $1 billion. Notwithstanding the reductions, many key priorities have been preserved. I was pleased to see that state support for K-12 education remains strong and that the Geographic Cost of Education Index finally will be implemented, which provides critical support to Montgomery County and other high-cost areas.
Sales Tax on Computer Services. The General Assembly repealed a sales tax on computer services that was adopted late in the special session. The tax, which struck me as unwise, would have been the first in Maryland's history on services. It targeted one of the most promising sectors of our state's economy. Removing the tax opened a $200 million hole in the budget. That was filled in the session's final days by additional budget cuts and a temporary surtax on incomes over $1 million.
Domestic Partners. Two significant bills passed affecting the rights of unmarried couples. One--important to some older couples and others--allows people in domestic partnerships to make medical and end-of-life decisions for their partners. The second bill allows partners to transfer property to their joint ownership without paying transfer taxes or recordation fees.
Items of Note:
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A coalition of conservatives and liberals joined to pass legislation requiring the Department of Budget and Management to establish a searchable database of state expenditures over $25,000. You'll be able to find out who gets what when the database goes on line in January 1, 2009.
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The Kids First Act establishes an outreach program to encourage low-income families to use state programs that provide insurance to their children.
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People working for businesses with more than 14 employees will be able to use their paid leave to care for immediate family members who fall ill starting this October.
I truly appreciate the people who take time to contact me during the session about issues before the legislature. I hope you will continue to share your views with me now that the session is over.
All the best for a good spring and summer.
Sincerely,
Brian E. Frosh
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March 2008 Newsletter
Posted May 28 at 10 AM
Dear Friend,
As the 2008 legislative session heads into the final month, I’d like to update you on a few issues that we are currently considering in the General Assembly.
Teen Driving
In response to a rash of teen driving deaths last fall, several of my colleagues and I have introduced bills to increase penalties for young drivers who violate the law. In Senate Bill 610, which I sponsored, a driver under 18 with a provisional license would have his or her license automatically suspended for serious infractions such as racing, drunk driving, reckless driving, a hit and run offense, or fleeing or eluding police officers. The state of Georgia passed similar legislation, resulting in a 40 percent decrease in automobile accidents for 16 year-olds. SB610 received a favorable committee report last week.Removal of Firearms during Temporary Protective Orders
Today, our judges lack a key tool for protecting women who are victims of domestic abuse. Now, a woman seeking protection from an abuser can have a judge issue a temporary protective order until a permanent protective order can be obtained. The judge has the authority to direct an individual who is subject to a permanent protective order to surrender firearms he may own. However, current law does not allow the judge to confiscate firearms from someone subject only to a temporary order. Sadly, we know from past cases that the time of separation can be extremely dangerous for a woman who is being abused. Our legislation would expand judges’ authority and allow them to require an individual to surrender his firearms once he is subject to a temporary protective order. Eleven other states have taken this step and Maryland should follow their lead.State Budget
With new estimates showing that state revenues will be significantly lower than projected in January, the General Assembly must make about $300 million in cuts to state spending. This will require us to make tough decisions in coming weeks as we seek to prudently balance the state budget and prepare for an economic downturn.At the conclusion of the 2008 legislative session, I will send a summary of the General Assembly’s work. Until then, please do not hesitate to contact me with your thoughts and concerns about our work.
Sincerely,
Brian E. Frosh
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February 2008 Newsletter
Posted May 28 at 10 AM
Why I'm Supporting Barack Obama
The Democratic Party has been fortunate to have several strong candidates running for president this year. But I believe Senator Barack Obama of Illinois is the right choice for our country at a critical point in America's history.
Photograph:Charlie Neibergall/APSome politicians earn respect through the force of ideas and policies. Others are natural leaders who inspire us to dream big. I believe Senator Obama can do both. He has a remarkable gift for articulating a vision of a stronger, more just nation. Like few politicians in my lifetime, he inspires us to put aside our doubts and believe again in what we can do as a people.
The type of leadership that Senator Obama can provide is sorely needed after so many have lost faith in the federal government's ability to address major issues. It's time we push past boundaries preventing us from adopting a sound environmental approach, providing health coverage to all of our citizens and creating new economic opportunities. We also need a leader with a strong vision for honorably ending the war in Iraq.
Senator Obama is best suited to inspire and rally the nation to handle these important tasks. I also believe that his appeal reaches beyond party lines, and if nominated, he stands the best chance of uniting the country.
I urge you to join me in support of a remarkable American: Barack Obama.
- Brian E. Frosh
P.S. Please remember to vote in the DC, MD or VA primary this Tuesday, February 12th.
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January 2008 Newsletter
Posted May 28 at 10 AM
Dear Friend,
Happy New Year! As the 2008 legislative session begins, I want to update you on a few issues that the General Assembly is likely to take up during the next three months.
Environmental Issues
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Chesapeake Bay Cleanup: During the 2007 special legislative session, $50 million was earmarked for initiatives to clean and protect the Chesapeake Bay. In the current session we will establish guidelines to spend that $50 million. It’s critical that the State spend the money where it will make a measurable difference and do the most good. We can’t afford to waste money or time, given the Bay’s persistent problems. I favor assigning the job of administering the funds to a small group of senior policymakers, advised by scientists, and insulated to the greatest extent possible from political considerations.
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Energy Conservation: I plan to introduce legislation requiring electric utility companies to adopt cost-effective energy efficiency and conservation measures that will substantially reduce residential retail energy consumption. I’ve worked for almost a decade on energy conservation legislation and chances for success finally look strong.
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Administration Legislation: The Governor is expected to introduce bills reducing greenhouse gas emissions, beefing up Critical Area protections in the Bay watershed, and promoting sustainable forestry.
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Lawn Fertilizer Guidelines: During the 2007 legislative session, I sponsored a bill that passed with overwhelming support to reduce the amount of phosphorous in dishwashing detergents sold in Maryland. I plan to introduce legislation during the 2008 legislative session to reduce the phosphorous content in lawn fertilizer.
Judicial Proceedings Committee
As Chair of the Judicial Proceedings Committee, I expect to oversee hearings on several contentious issues during the 2008 session:-
Same-Sex Marriage: The Maryland Court of Appeals upheld the state’s ban on same-sex marriage, a ruling that almost guarantees that the issue will be before the legislature this session. An amendment to the state Constitution defining marriage as between a man and a woman will be re-introduced. It will be countered by proposals giving same-sex couples the same rights as heterosexual couples – either through civil unions or full marriage.
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Anti-Death Penalty Legislation: Legislation to eliminate the death penalty in Maryland was an emotional, highly debated issue in 2007 and will come up again during the 2008 session. Although New Jersey recently abolished the death penalty, similar legislation will have a tough fight in Maryland this year.
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Teen Drivers: We will consider a bill that will increase sanctions against teen drivers who break traffic laws or purchase alcohol. The state of Georgia passed similar legislation which resulted in a 40 percent decrease in teen automobile accidents.
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Foreclosures: It takes less time to foreclose on a property in Maryland than in all but a handful of other states. I expect legislation this session that will lengthen the foreclosure process and give better notification to people facing the loss of a home.
I will continue to update you on these and many other issues during the session. Please do not hesitate to contact me with your thoughts and concerns about our work throughout the session.
Sincerely,
Brian E. Frosh
P.S. Here's a link to profiles of several legislators, including myself, done by the Washington Post in connection with the 2008 session:
http://www.washingtonpost.com/wp-srv/metro/politics/maryland/011007/frosh.html -
November 2007 Newsletter
Posted May 28 at 10 AM
Dear Friend:
The Maryland legislature recently completed a three-week special session to address the state's looming budget deficit. This budget crisis has been building for 10 years and was caused by a number of factors. First was a tax cut in the late 1990s that eliminated nearly $1 billion a year in revenue. This was followed by 2002 legislation that mandated an increase in state spending for public schools by $1.3 billion a year. Meanwhile, the state's share of the Medicaid program has continued to soar.
Maryland has always been one of the most fiscally prudent states, one of only a handful that maintains a AAA bond rating. But the budget problem grew, unaddressed during the Ehrlich administration. With a major deficit facing the state beginning in 2008, Governor O'Malley rightly recognized that we needed to take action.
The General Assembly worked on a broad package of budget cuts and tax increases proposed by the governor. I was disappointed with aspects of the complex package, but I was pleased that we were able to put state finances on a sustainable path, to protect our investment in local schools, to increase state investment in college opportunities, health care for working families and clean up of the Chesapeake Bay. The final legislative package:
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Directed the governor to cut a total of $550 million from next year's projected spending. These cuts are on top of $280 million in cuts implemented earlier this year.
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Increased the sales tax from 5 percent to 6 percent. The sales tax will be extended to computer services such as consulting and programming services, software installation and hardware maintenance.
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Raised the cigarette tax to $2 a pack.
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Changed the personal income tax. To offset the increase in the sales tax, the package includes an income tax cut for low- and middle-class families and an increase in the personal exemption. A new tax bracket was added for top earners, but this highest rate is lower than the governor's initial proposal. The new personal income tax brackets are as follows:
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4.75 percent for individuals making less than $150,000 a year and couples making less than $200,000 a year;
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5 percent on taxable income above $150,000 a year for individuals and $200,000 for couples;
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5.25 percent on taxable income greater than $300,000 a year for individuals and $350,000 for couples; and
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5.5 percent for all income above $500,000 a year.
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Raised the corporate tax rate to 8.25 percent – revenue that will be split between the general fund and higher education.
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Approved a November 2008 referendum on a constitutional amendment to allow up to 15,000 slot machines in five locations across the state.
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Expanded health care services to more than 100,000 uninsured low-income workers who earn less than $23,000 a year. New subsidies will help small businesses offset the cost of health insurance for their employees.
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Created $50 million for Chesapeake Bay cleanup.
I found the proposal to bring slot machine gambling to Maryland the most troubling aspect of the General Assembly's final product, and I opposed those pieces of the package. At least the decision to send the slots question to the voters gives the state the opportunity to resolve this contentious issue finally. I am hopeful that the proposed constitutional amendment will be resoundingly defeated.
I will be in touch again before the 2008 session. Until then have a happy and safe holiday season.
Sincerely,
Brian E. Frosh
P.S. I thought you would be interested in E.J. Dionne Jr.'s recent Washington Post column about the special session. Here is the link: http://www.washingtonpost.com/wp-dyn/content/article/2007/11/22/AR2007112201091.html
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August 2007 Newsletter
Posted May 28 at 10 AM
Dear Friend,
The projected budget shortfall is a topic of much discussion and debate across the state. Last month, many of my fellow senators and I wrote an open letter to Gov. O’Malley proposing that state fiscal policy be guided by four specific goals. We look forward to working with the Governor and members of the general assembly to develop policies that are fiscally sound and that can still meet the needs of Maryland families. Below is the text of the letter to Gov. O’Malley.
Sincerely,
Brian E. Frosh
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July 16, 2007
Dear Gov. O'Malley:
In recent months, there has been much discussion in Annapolis about the projected shortfall in next year's budget and the need for the state to move beyond the short term budget fixes that characterized the last four years.
We strongly agree that Maryland needs a new, fiscally responsible and forward-thinking strategy to balance the state's books.
However, we are concerned that too much of the recent debate has focused on the needs of the government, rather than on the needs and aspirations of our people. The budget is a moral document that reflects our community's priorities and values. Our constituents want fiscal policies that will protect our quality of life and shape a decent future for all of our children and grandchildren.
They want assurance that our local public schools have the resources to recruit and retain great teachers for their children. And that schools will be built and maintained to relieve overcrowding and close temporary annexes permanently.
They want to be able to afford to send their children to Maryland's colleges, without putting their families in debt for a lifetime.
They want to know that quality, affordable health care will be there for their families when they need it and that the medical bills they pay will be for a system that makes sense.
They want Maryland to do its share to save the Chesapeake Bay and to reduce global warming.
They want a transportation network that reduces traffic congestion and protects both our environment and our quality of life.
And they want a tax system based on ability to pay; one that assures that all pay their fair share; and one that does not deepen the sharp inequalities that have developed between the vast majority of working families and the privileged few.
As you develop a plan to address the state's fiscal policy, we urge you to focus on these goals:1. The fiscal plan should assure adequate funding to meet the needs and priorities of Maryland's families. It should invest in public schools and colleges, expand health care for working families, protect our environment, and reduce traffic congestion.
2. The plan should provide comprehensive long-term solutions, not quick fixes that will return the state to the same problems a few years from now. The state's revenue system must be modernized to reflect public needs and the reality of the state's economy in the 21st century.
3. The plan as a whole should be progressive, shifting the relative burden off of working families, small business, and those on fixed incomes. Maryland's current tax system puts too much of the burden on those least able to pay. That policy is not fair and leaves the state exposed to recurring deficits.
4. The plan should directly promote healthy practices in our communities and a cleaner environment. Thoughtful and effective fiscal policies will improve the health of our people and our environment at the same time as they raise revenue.
The failed policies of the recent past give us the opportunity today to bring our budget and fiscal policies into alignment with our values and real priorities. We look forward to working with you, Lieutenant Governor Brown, and our colleagues in the General Assembly on this critically important effort.
Best wishes,Paul G. Pinsky
Brian E. Frosh
James C. Rosapepe
Richard S. Madaleno, Jr.
Jamie B. Raskin
Joan Carter Conway
Lisa A. Gladden
Gwendolyn T. Britt
Michael G. Lenett
Anthony C. Muse
Jennie M. Forehand
Delores G. Kelley
Robert J. Garagiola
Verna L. Jones -
July 2007 Newsletter
Posted May 28 at 10 AM
Dear Friend,
We’ve all heard about the losses (and thefts) of data containing private, personal information at companies, government agencies and universities over the past several years. Having your contact information, health status, or social security number fall into the hands of unscrupulous individuals can be a nightmare. I’m pleased that during this past session, the General Assembly passed legislation that allows Marylanders to take a preemptive step to secure personal and financial information. I co-sponsored legislation that allows consumers to “freeze” or restrict access to their individual credit reports. While a freeze is in place, a consumer’s credit report -- and any information derived from it -- may not be released without the consumer’s prior authorization. This important privacy protection bill was sponsored in the House by District 16 Delegates Lee, Bronrott and Goldwater and signed into law by Governor O’Malley in May.
Under the new law, consumers may request a freeze by certified mail, electronic mail, or on-line under specified circumstances. When a consumer elects to place a security freeze, a consumer reporting agency must take the following steps:
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The agency must require proper identifying information from the consumer.
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The freeze must be in place within five business days after receiving the request.
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If the request is made by telephone, the consumer reporting agency may require confirmation of the request by mail.
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The agency is required to send written confirmation of the placement of the freeze to the consumer, provide the consumer with a unique personal identification number or password to be used when authorizing the release of the report, and provide the consumer with a written statement of the procedures for requesting the removal of the freeze or a temporary lift of the freeze.
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If the consumer requests the removal of the freeze or a temporary lift of the freeze, the consumer reporting agency must comply with the request within three business days after receipt of the request.
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If a consumer reporting agency violates a freeze by releasing, without authorization, a consumer report or any information derived from the report, the consumer reporting agency must notify the affected customer in writing about the specific information released and provide contact information of the recipient of the consumer report within five business days.
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A credit reporting agency may charge up to $5 for placement, temporary lift, or removal of a security freeze. However, a fee will not be charged if a police report is presented that states that the consumer is a victim of identify theft.
To freeze the release of your credit report, contact the three credit reporting companies:
Equifax Security Freeze
PO Box 105788
Atlanta, GA 30348
www.equifax.com
800-685-1111
Experian
PO Box 9554
Allen TX 75013
www.experian.com
888-397-3742
TransUnion Security Freeze
PO Box 6790
Fullerton, CA 92834
www.transunion.com
888-909-8872This legislation will go into effect on January 1, 2008. While I am disappointed that the legislation doesn’t take effect earlier, and that consumers will have to pay a $5 fee for this service, I am pleased that we were able to take these steps to help Marylanders protect their personal information.
Sincerely,
Brian E. Frosh -
May 2007 Newsletter
Posted May 28 at 10 AM
Dear Friend,
On May 27, 2007, the nation will remember Rachel Carson’s centennial birthday. While years have passed since she first initiated the modern-day environmental movement, her message still resonates today. It was 40 years ago that Rachel Carson’s book Silent Spring exposed the dangers pesticides pose to the environment. This book and Rachel Carson’s steadfast devotion to protecting our natural world launched a new age of environmental awareness.
Rachel Carson, while born in Pennsylvania, lived most of her adult life in Maryland. She attended graduate school at Johns Hopkins University and was a member of the zoology staff at the University of Maryland. She was hired by the U.S. Bureau of Fisheries to write radio scripts during the Depression and supplemented her income writing feature articles on natural history for the Baltimore Sun. Carson began a fifteen-year career in the federal service as a scientist and editor in 1936 and rose to become Editor-in-Chief of all publications for the U. S. Fish and Wildlife Service. Carson wrote Silent Spring at her home in Silver Spring Maryland.
The Modern Library and National Review both rank Silent Spring among the 100 best non-fiction books of the 20th century. Discovery Magazine named it one of the 25 greatest science books of all time. With meticulous research and elegant prose, Silent Spring explained how indiscriminate pesticide applications introduced toxins into the food chain that accumulated in fatty tissues, threatening disease and genetic damage to people as well as animals. Her work described a stunning example of nature’s vulnerability to human intervention. It led to a ban on the agricultural use of DDT. As a result, whole species returned from the verge of extinction in parts of the county. When I grew up in Montgomery County, great blue herons were virtually unknown on the Potomac. Today, they’re common; so are bald eagles, ospreys, and a variety of other birds I never saw as a child.
Rachel Carson died in 1964 after a long battle against breast cancer. Her witness for the beauty and integrity of life continues to inspire new generations to protect the living world and all its creatures. She was awarded the Presidential Medal of Freedom posthumously by President Jimmy Carter.
Governor Martin O’Malley plans to designate May 27, the 100th anniversary of her birth, as Rachel Carson Day in the State of Maryland. I hope you will join me in remembering and honoring Rachel Carson and her enduring contributions to the health and beauty of the natural world that surrounds us.
Sincerely,
Brian E. Frosh
Read more about Rachel Carson in the Washington Post
Visit www.brianfrosh.com to read more about environmental issues in Maryland
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April 2007 Newsletter
Posted May 28 at 10 AM
Dear Friend:Here is a quick rundown on the budget and several other matters that came before the General Assembly during the legislative session that ended Monday.
This was the first session in the 2007-2011 legislative cycle, and it brought a new governor and many new legislators to the state capital. The Senate’s freshman class has been widely recognized as one of the most talented in a generation. It includes a former ambassador, a former editor of the Harvard Law Review, and several former delegates. Relations between Governor Martin O’Malley and the Legislature got off to a good start; the tone in Annapolis showed marked improvement over recent years.
Budget: The General Assembly approved a $30 billion budget on the session’s last day. Even though Maryland’s books are balanced right now, the state faces a deficit in FY 2009 estimated at $1.2 -$1.5 billion. Governor O’Malley asked that the General Assembly delay addressing the deficit until he had time to review programs for cuts and evaluate ways to bring in additional revenue. A lot of folks in Annapolis feel a special session devoted to the budget is likely this summer or fall.
Several important pieces of legislation failed because of their high cost and a policy decision that no new taxes be implemented this session, pending development of a plan to address next year’s deficit. Among the casualties were two bills I cosponsored: the Healthy Maryland Initiative, which would have given many uninsured Marylanders access to health insurance, and the Chesapeake Bay Green Fund creating a special fund to clean up the Bay.
The Environment: A session highpoint was passage of the Clean Cars Act, legislation I sponsored that will reduce auto emissions in Maryland beginning with the 2009 model year. Once signed by the governor, the new law will cut emissions of toxic gases and greenhouse gases; it will also help reduce smog and cut airborne nutrients deposited in the Bay. This bill adds Maryland to the 11 other states that are moving aggressively to curb tailpipe emissions.
Also securing passage this year was a bill I sponsored banning phosphates in dishwashing detergents. Phosphates add to the nutrient load in the Chesapeake Bay and its tributaries, which can lead ultimately to oxygen-starved water incapable of supporting life.
Smoking Ban: Years of effort finally yielded victory in the campaign to establish a statewide smoking ban in public spaces, including bars and restaurants. I cosponsored the legislation and was delighted to see this public health initiative come to a successful conclusion.
Elections: The General Assembly has at last required paper voting records that will permit election audits and allow voters and election officials to verify the accuracy of every ballot cast. In a move to give Maryland a bigger role in presidential elections, the General Assembly advanced the state’s primary to February 12. Also winning approval was a constitutional amendment allowing early voting; voters must approve the amendment for it to take effect.
Other Actions: Good news for thousands of students and their families came in the form of a tuition freeze at public colleges and universities, and good news for some workers arrived with passage of a Living Wage Act that will require state contractors in urban counties to pay workers at least $ll.30 an hour, in rural counties $8.50. On the local front, I was pleased that Delegates Bronrott, Goldwater, Lee and I were able to secure state bond funding for Glen Echo Park and the Imagination Stage.
Every day during the session, I appreciate the people who take time to contact me about issues before the Legislature. I hope you will continue to share your views with me now that the session is over.
All the best for a good spring and summer.
Sincerely,
Brian E. Frosh
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March 2007 Newsletter
Posted May 28 at 10 AM
Dear Friend:
With the legislative session in full-swing, I wanted to update you on several of my bills to promote a cleaner, healthier and more energy-efficient Maryland:
Clean Cars Act
The Maryland Clean Cars Act received overwhelming support in both the House and Senate. The bill passed both chambers and only needs slight revisions to settle small differences in the bills. Governor O’Malley has pledged to sign the final piece of legislation. The legislation will reduce the amount of gases that contribute to global warming, cut the amount of air pollutants that can cause cancer and other serious ailments, and reduce the amount of vehicle emissions that eventually end up in the Chesapeake Bay and other Maryland waterways. I am pleased by the overwhelming support that this legislation has received and I look forward to seeing Governor O’Malley sign the bill into law.Read my op-ed on the Clean Cars Act in the Gazette
Read about the bill in the Baltimore Sun
Rachel Carson Day
Tuesday kicked off a two-month-long celebration of the life of Rachel Carson. Author of “Silent Spring” and mother of the environmental movement, Carson spent most of her life in Maryland. She studied at Johns Hopkins University in Baltimore, taught zoology at the University of Maryland and completed most of her writing from her Silver Spring home. I have introduced a bill that would declare May 27, her birthday, as Rachel Carson Day. This year marks the 100th anniversary of her birth. The Newton Marasco Foundation, which sponsored the kick-off event, is holding a number of events to commemorate her life and her work including performances of a play, “A Sense of Wonder,” about Carson’s life. The Foundation also is holding a Rachel Carson Scholars contest for high school juniors and seniors who show an interest in the environment.Read about the commemoration of Rachel Carson in The Washington Post and the Baltimore Sun
For more information on events to commemorate Rachel Carson, visit the Newton Marasco Foundation web site
Phosphorus in Dishwashing Detergent
Another piece of pollutant-reducing legislation would require a reduction in the amount of phosphorous in dishwashing detergent sold in Maryland. The bill would limit the amount of phosphorous in dishwashing machine detergent to a half percent, down from the seven percent currently allowed. Dishwashing detergent eventually makes it way into the Chesapeake Bay and the phosphorous contained in the soap contributes to oxygen deprivation and dead zones in the Bay. The Education, Health and Environmental Affairs heard testimony on this bill on March 2.Read about the bill in The Washington Post
Energy Efficiency
A fourth piece of legislation, versions of which I have introduced in previous legislative sessions, concerns energy efficiency and conservation. This energy efficiency bill has two elements. First, it requires electric utility companies to adopt cost-effective, energy efficiency and conservation measures that will reduce residential retail energy usage 12 percent by 2016. Second, it directs the Public Service Commission, when writing the rules implementing this requirement, to explore ways to make energy conservation as attractive to utility companies as energy sales. That way, utility companies will not face structural impediments that would hinder adoption of these conservation measures. The companion House bill has received preliminary approval and the Senate bill is being considered in the Finance Committee.I will keep you up-to-date on these issues as well as other legislation as the session continues. Until then, please feel free to contact me with your thoughts, opinions and concerns.
Sincerely,
Brian E. Frosh
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February 2007 Newsletter
Posted May 28 at 10 AM
Dear Friend,The 2007 legislative session is off to a great start with a number of important pieces of legislation well on their way through the legislative process. One of my main priorities this year is the Clean Cars Act of 2007, which I introduced at the beginning of the General Assembly session.
The Clean Cars Act will reduce smog, protect Marylanders’ health, combat global warming and reduce nitrogen pollution in the Bay. It does all that by adding Maryland to the list of states that have adopted a tough set of auto emission rules written by California that the national Clean Air Act permits states to implement instead of federal standards. Eleven states already have acted, including Pennsylvania, New York and New Jersey.
If Maryland signs on, the emission controls will begin with the 2011 car models. The Maryland Department of the Environment says that, by 2025, the new standards will cut greenhouse gas emissions by 30 percent a year and will achieve substantial reductions in air toxins, as well as the gases that contribute to smog. To appreciate the importance of those reductions, keep in mind that mobile sources account for a third of Maryland’s CO2 emissions, half of toxic air emissions, and 45 percent of NOx emissions (NOx is a precursor of smog and a major contributor to the nutrient load in the Chesapeake Bay).
The Senate Judicial Proceedings committee, which I chair, recently heard testimony on this important piece of legislation. Three cabinet secretaries testified in support of the bill, as did Governor O'Malley's chief legislative advisor. We heard testimony from groups on both sides of the debate, but I feel the evidence is overwhelming. We need to pass this piece of legislation for the health of our families and our environment.
Sincerely,
Brian E. Frosh
Read about the hearing in The Washington Post.Listen to Senator Frosh discuss the clear cars legislation and other issues during the Maryland Politics Hour on the Kojo Nnamdi show on WAMU. Senator Frosh's interview begins during the 40th minute of the broadcast.>Listen to the interview
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November 2006 Newsletter
Posted May 28 at 10 AM
Dear Friends,
Last week the people of Maryland sent a clear message to Annapolis and to Washington that they are ready for change and fresh thinking. I want to thank you for re-electing me to the state Senate, for electing Ben Cardin to be our next U.S. Senator and for electing Martin O’Malley to lead our state as our next Governor.
I also want to thank you for overwhelmingly passing the constitutional amendment protecting parkland. Last year I was outraged when Governor Ehrlich tried to sell state parklands out from under us. This amendment will ensure that no Governor will be able to sell state park lands without the approval of the General Assembly.
As the 2007 legislative session approaches, I am putting together my legislative agenda. One of my priorities is to increase funding for K-12 education by ensuring that the Thorton school funding program, which distributes state aid based on the jurisdiction’s expenses, is fully funded. And with Governor Ehrlich’s veto no longer a threat, I hope to restore funding and limit tuition increases for the University of Maryland.
I am also planning to introduce the Maryland Clean Car Act. I hope our State will join neighbors like New Jersey, Pennsylvania and New York in adopting California’s vehicle emission standards. The measure will help reduce smog and emissions of toxic chemicals and greenhouse gases. It promises benefits to the health of Marylanders and to the Chesapeake Bay as well.
With a new General Assembly and a Governor who is ready to lead, I know that 2007 will be a great year for the state of Maryland.
Again, I thank you for your support.
Sincerely,
Brian E. Frosh
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November 2006 Newsletter - Election Issue
Posted May 28 at 10 AM
Dear Friend,On Tuesday, November 7, Maryland has an opportunity to move in the right direction by electing a Governor who truly shares our priorities.
We can help Maryland protect our schools, tackle transportation challenges and preserve Chesapeake Bay by electing Martin O’Malley.
Martin O’Malley understands the importance of education for a healthier and more efficient economy.
That’s why Governor Martin O’Malley will fully fund the entire Thornton Commission plan to improve K-12 education across Maryland, and will keep tuition low for Maryland students.
Governor Martin O’Malley will be a strong steward of the environment and Chesapeake Bay, bringing responsiveness to the state’s work in improving the health of the Bay.
And Governor O’Malley will invest in transit across Maryland to decrease gridlock and promote smarter long term planning and growth to manage development.
We encourage you to compare Martin O’Malley and Robert Ehrlich on the important issues affecting Maryland’s future. For a thoughtful comparison, please click on:
http://www.martinomalley.com/omalley_v_ehrlich
We also encourage you to read the recent Baltimore Sun endorsement of Martin O’Malley for governor. The Baltimore Sun makes a convincing, comprehensive case for why we need Martin as Maryland’s next governor:
http://www.baltimoresun.com/news/opinion/bal-ed.omalley29oct29,0,4199077.story
We’d like to close by asking you to support Martin O’Malley for governor and Anthony Brown for lieutenant governor on November 7th. Please take the time to vote.
Sincerely,
Senator Brian Frosh and State Treasurer Nancy Kopp
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August 2006 Newsletter
Posted May 28 at 10 AM
Dear Friend,
What makes this election season so extraordinary is that five of Maryland's six statewide offices could change hands. Of the six incumbents--governor, lieutenant governor, comptroller, attorney general and two U.S. senators--only one, Barbara Mikulski, is guaranteed to be in office when the dust settles. And she's not up for election this year.
A soon-to-be-released Gonzales poll will give us a clearer look on how the races stand as we approach the primary, and I will give you an update.
But I wanted to let you know that in a race that has so far received less attention than it warrants, I have decided to endorse Stuart Simms for attorney general. Stu has an unmatched breadth of experience that will make him a great AG. Educated at Dartmouth and Harvard Law School, he has served as state's attorney for Baltimore City, secretary of Juvenile Justice and secretary of the Department of Public Safety and Correctional Services in the Glendening administration. Most recently, he has been engaged in the private practice of law with a major firm in Baltimore. Stu knows criminal and civil law, and he has a distinguished record of public service. He will be an outstanding attorney general. I look forward to working with him.
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Turning to another matter, as many of you may know, I have been serving on the General Assembly's Special Committee on Employee Rights and Protections, which has been investigating reports that the Ehrlich administration has abused state personnel laws by firing long-term state employees without cause or for political purposes.
We have heard disturbing stories of valued employees being let go with no notice or without supervisors even examining their personnel files sometimes allegedly for partisan reasons. These are not ranking, policy-making employees, but mid-level workers who provided valuable service to the state, without regard to politics.
A key witness in early August was Joseph Steffen, Governor Ehrlich's ex-staffer who resigned after he was caught spreading malicious rumors on the internet about Baltimore Mayor Martin O'Malley. Dubbed the "Prince of Darkness" by Governor Ehrlich, Mr. Steffen traveled from agency to agency to review programs and recommend which employees to keep and which to fire. His trademark was a statue of the Grim Reaper, which he kept on his desk.
Since Mr. Steffen's resignation in February, the administration has tried to distance itself from him; Paul Schurick, the governor's communications director, set the tone by describing Mr. Steffen as "irrelevant to our world." But, at our hearing, Mr. Steffen testified that Mr. Schurick, claiming to speak for the governor, had promised to "take care of him" after he resigned.
Mr. Steffen also testified that, while working for the governor, he had coordinated his activities at state agencies with Lawrence Hogan, the governor's appointments secretary. Mr. Hogan has denied that allegation. Mr. Steffen and Mr. Hogan both testified under oath.
Mr. Steffen and two other administration staffers subpoenaed by the committee refused to answer certain questions. But our committee is seeking court orders to compel them to respond.
The bottom line is that the administration continues to be less than forthright in answering questions about their personnel policies. We'll keep working to get the answers. Stay tuned for the committee's report later this fall.
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June 2006 Newsletter
Posted May 28 at 10 AM
Dear Friend,
The high cost of electricity continues to be a concern for all Marylanders. During the special legislative session next week, I hope that we will tackle the issue head on and develop meaningful strategies for reducing these high costs. The following op-ed ran in today’s Gazette and outlines some of my thoughts on how the legislature should proceed.
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Pulling the plug on higher electric rates
Friday, June 9, 2006
by Brian E. FroshSummer hasn’t officially begun but state elected officials are already feeling the heat as homeowners brace for soaring electricity bills.
With a special legislative session assured, the General Assembly will focus on mitigating or rolling back looming electricity rate hikes and on reforming the utility-friendly Maryland Public Service Commission, which has failed its basic obligation of protecting state consumers.
But we also have to look down the road and come up with long-term strategies to bring down the cost of electricity.
As first steps we should adopt two proven cost-cutting energy strategies: reduce demand for electricity and use the leverage of community-wide purchasing to reduce the cost of the power to consumers.
The rate of growth in electricity consumption nearly tripled for residential customers in Maryland between 1998 and 2004. We can’t afford to stand by and watch that rate continue. Like other states, we should invest in energy conservation programs.
Legislation I have proposed in Annapolis would require Pepco, Baltimore Gas and Electric and other power companies to implement conservation programs if the programs will save more in energy expenses than they cost to run. Electric distribution companies would be required to seek bids on energy-conservation proposals at the same time they seek bids from electricity generators.
Programs that provide rebates to people who purchase energy-saving lighting or appliances, refurbish buildings to make them more energy efficient, or take any one of a number of other steps to cut consumption can save energy and reduce pollution at the same time they lower consumers’ bills.
As a starting point, the state could set a modest goal of achieving 1 percent annual savings in electricity through these conservation measures. That doesn’t sound like a lot. But the results would be cumulative. The energy-efficiency improvements implemented the first year would reap savings not just the first year, but for years to come. The next year, another 1 percent savings would be achieved, and so on.
The program would be especially good at leveling out demand spikes that drive up prices. According to one analysis, such an approach would save Maryland consumers $700 million over a decade.
Secondly, there is an even more straightforward way to bring down the cost of electricity for residential users, through community-wide bulk purchasing, known as aggregation.
Legislation introduced by Sen. Leo E. Green would allow counties and municipalities to negotiate electricity prices on behalf of all their residents. Anyone who didn’t want to be a part of the program could choose to opt out and continue to purchase electricity on his or her own.
Several other states have given local officials this kind of leverage, with good effect. In Ohio, for example, consumers have saved significantly on their electricity bills thanks to aggregation.
Over the past months, Maryland’s political leaders have focused almost entirely on staving off pending rates increases. That’s understandable given the pain rate hikes stand poised to inflict.
But the only way to keep the current situation from replaying endlessly into the future is through long-term planning that will restore to consumers a measure of control over their energy expenditures. The present rate problem shouldn’t blind us to that fact. Conservation and aggregation programs may not be a quick fix, but they’ll save consumers money for years to come.
Brian E. Frosh, a Democrat from Bethesda, represents District 16 in the state Senate, where he also is chairman of the Senate Judicial Proceedings Committee.
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April 2006 Newsletter
Posted May 28 at 10 AM
Dear Friend:This was a remarkable session. It began and ended with overrides of the Governor's vetoes. Slot machines and other topics that had generated enormous controversy in years passed attracted little attention. But a slew of other contentious issues replaced them. Close to 3,000 bills and resolutions were introduced, possibly an all-time record. Here is a summary of some of the big issues of the session.
Budget. The General Assembly enacted a balanced budget of $29.4 billion for fiscal year 2006. Thanks to higher state revenues, the budget could include an increase of $500 million for K-12 education It also boosts funding for the University System of Maryland by 12 percent and freezes tuition next year. For the first time in four years, Program Open Space received full funding.
Electric Rates. Electric power rates held center stage in the session’s final month. When Maryland deregulated power companies in 1999, it capped rates temporarily. With caps now coming off, rates are poised to soar, a danger that I and other deregulation opponents warned against years ago. At 11:40, on the session's final night, legislation came before the Senate to mitigate the rate increase. Members who recalled that the original deregulation bill was rammed through in half an hour were reluctant to push a rate bill through in even less time. The bill failed, and, as a result a special session appears likely.
Teacher Pensions. Maryland teacher' pensions, currently some of the skimpiest in the nation, will get a boost from legislation raising the multiplier used to compute payouts; the bill increases benefits for service performed since 1998 and requires teachers to contribute a larger portion of their salaries to retirement. This is a much needed adjustment. I cosponsored the legislation and was pleased that differences between Senate and House that threatened the legislation were worked out in the session’s final days.
Power Plant Pollution. A high point of the legislative session was passage of the Healthy Air Act, which I cosponsored. The legislation requires Maryland's coal-fired power plants (among the nation's dirtiest) to clean up emissions of major pollutants including carbon dioxide, a principal cause of global warming.
Voting Machines. Perhaps the greatest disappointment for many people this year was the failure of legislation requiring a paper record of ballots cast in the upcoming 2006 election. I cosponsored a paper trail bill. But the measure fell victim to mounting concerns about the accuracy and availability of alternative voting machines and the risks of changing voting procedures so close to the September primaries. The Committee considering paper trail legislation reported out a much-amended bill that never came to a final vote in the Senate.
Stem Cell Research. Maryland this year joins the ranks of States funding stem cell research. The new program allows either adult or embryonic stem cell research--projects will be selected competitively based on their merits--and provides $15 million in funding for the first year.
Judicial Proceedings Committee. Serving as Chairman of the Senate's Judicial Proceedings Committee continues to be extremely rewarding. The Committee considered a large number of controversial bills. I was particularly pleased by the Committee's endorsement of four bills I sponsored and thought especially important. All four won passage this session. One, the product of two years work, modernizes rules dealing with defendants' competency to stand trial. Another removes roadblocks to treating defendants with drug and alcohol problems. The third addresses the threat posed by the increasing number of unlicensed drivers in Maryland; closing a loophole in current law, it will give the courts and police more tools to deal with unlicensed motorists. The final measure includes the developmentally disabled among disabled individuals entitled to extended leases when apartment buildings convert to condominiums.
For those of you who contacted me during the session, I thank you for your opinions and interest and hope you will continue to share your views.
All the best of a good spring and summer.
Sincerely,
Brian E. Frosh
Read the Baltimore Sun Wrap-Up Article on the 2006 Legislative Session
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March 2006 Newsletter
Posted May 28 at 10 AM
Dear Friend:As many of you have read in the newspapers (Baltimore Sun: PSC head, lobbyist shared strategy, Baltimore Sun: Senator calls on PSC head to resign), I have called for the resignation of Kenneth Schisler, Chair of the Public Service Commission. While my concern about his fitness for the job dates back several years, last week emails between him and a lobbyist for Pepco and other power companies came to light. I believe the emails demonstrate that Mr. Schisler was working with the power company lobbyist to formulate political strategy in anticipation of big electricity rate hikes coming this summer. His actions call into question his ability to be an objective, fair representative of the public interest. I thought I would share with you a copy of the letter I sent to Mr. Schisler.
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March 18, 2006
Honorable Kenneth Schisler
Public Service Commission
6 St. Paul Street, 16th Floor
Baltimore, Maryland 21202Dear Chairman Schisler:
I have been concerned for two years about your actions as Chair of the Public Service Commission. The revelations this week confirm for me that you are unable to fulfill your duties with the objectivity, fairness and balanced judgment that are essential to carry out the vital role with which you are charged.
The firings of five PSC employees in 2004 immediately after your confirmation and the adjournment of the legislative session were insensitive, ill-advised and determined by our courts to be illegal. They compromised your agency's ability to carry out its most critical regulatory functions.
Your meeting behind closed doors this week with three other members of the PSC and Governor Ehrlich violated Maryland's Open Meetings Act. Your exclusion of Commissioner Harold Williams, the only member not appointed by Governor Ehrlich, made clear your intention to keep your discussion from the public eye.
Finally, your emails with a lobbyist for Pepco, revealed in the press today, put into high relief your callous attitude to the illegal firings. More importantly, they lay bare your plotting Commission strategy with an entity that has business before the Commission, an egregious violation of the public trust.
While any one of the foregoing incidents would lead a reasonable person to question your fitness to serve, in combination, they lead to the inescapable conclusion that you should no longer lead the Commission. I ask that you resign your office promptly so that the PSC can begin immediately to deal with the crisis of skyrocketing electric utility rates in a professional and impartial manner.
Sincerely,
Brian E. Frosh
cc: Governor Robert Ehrlich
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February 2006 Newsletter
Posted May 28 at 10 AM
Dear Friend:The 2006 legislative session got off to a fast start with a few issues quickly making their way to the forefront of debate. The General Assembly has overridden 15 of Governor Ehrlich's vetoes. Two bills, of which I was a co-sponsor, have gained widespread attention.
The Fair Share Health Care Act (nicknamed the Wal-Mart Bill) requires businesses with 10,000 or more employees to devote at least 8 percent of their payroll costs to health care. Alternatively, the businesses can deposit an equal amount in the State's Medicaid fund, which typically ends up paying for uninsured workers. It's the first law of its kind in the nation and gained widespread, national attention including stories on the nightly news and a story in The New York Times.
The second high-profile veto was a bill to increase the State's minimum wage. The minimum wage bill boosts Maryland's minimum wage to $6.15 an hour, making Maryland the 18th state that has set a minimum wage higher than the federal level, which has not been raised since 1996. While I'm delighted to see that both of these bills have become law, I think it is a shame that these issues have to be dealt with in a piecemeal fashion on the state level. The Bush administration has failed hard-working Americans by refusing to address health care and minimum wage issues on a national level.
In the midst of these veto overrides, the Governor stunned the Assembly with a budget proposal that adds up to the largest spending increase in at least 25 years. The Administration's own projections show that spending under his plan will exceed revenues in the next two years, leading the Baltimore Sun to declare the Governor's proposal "sheer hypocrisy" for a so-called fiscal conservative.
In my role as Chair of the Judicial Proceedings Committee, my committee will hear testimony on a number of highly contentious issues this session.
Eminent domain: The Supreme Court's decision in Kelo v. New London allowing for government to condemn private homes for the city's economic development has sparked outrage across the state and the country. A number of bills that would limit or prohibit condemnation for economic development in Maryland will be introduced this year. I have introduced a bill that requires the condemning authority to document clearly the need for taking land for economic development purposes, and it ensures that landowners will receive adequate compensation. I do not want us to forget the positive role that eminent domain played in the redevelopment of Silver Spring and Baltimore's Harbor Place and believe that it would be a mistake to prohibit takings for economic development altogether as some propose.
Same-Sex Marriage: A Baltimore Circuit Court judge recently threw out Maryland's ban on same-sex marriage, holding that it conflicts with the equal rights provision in Maryland's Bill or Rights. The judge stayed her decision pending appeal to the State's Court of Appeals. While many lawmakers, including myself , favor allowing Maryland's highest court, the Court of Appeals, rule on the case, Republican lawmakers do not want to let the judicial process take its course. They have introduced bills in both the House and the Senate that would send a constitutional amendment banning same-sex marriage to the voters this fall. The House of Delegates has killed its version of the proposed amendment, making Senate action unlikely.
I will keep you up-to-date on these issues as well as other legislation throughout the session. Until then, please feel free to contact me with your thoughts, opinions and concerns.
Sincerely,
Brian E. Frosh -
October 2005 Newsletter
Posted May 28 at 10 AM
Dear Friend,As many of you know, the 2005 session proved to be important for the Maryland environment. Land preservation has been an essential part of Maryland public policy for decades, but last year the policy of acquiring and preserving open space was thrown overboard. The Ehrlich Administration was working on a deal to sell more than 800 acres of State parkland in St. Mary's County to a developer. Almost 3,000 acres of state land were declared excess, and all while the Administration cut open space purchases dramatically.
The General Assembly took action and passed Senate Bill 102. This bill is a constitutional amendment that requires sales of open space or park lands to be approved by the General Assembly. The bill passed with overwhelming support from both the House and the Senate and will go to the voters for approval in November 2006. While the 2006 election will see competitive races it is important that we not forget about this important referendum. Please make sure that your friends, colleagues and neighbors know about this crucial issue and encourage them to vote for the constitutional amendment.
Articles about the land sale amendment:
Md. GOP Now Backs Parkland Measure
Md. Land Sell-Off Proposals Resisted
Upcoming Events:
There are several upcoming events that I thought you might be interested in.Fixing Our Broken Democracy
When: Sunday, October 23 from 4:00-6:00 p.m.
Where: The Leland Center, 4301 Willow Lane, Chevy Chase
On October 23, I will be participating in a forum on Fixing Our Broken Democracy sponsored by Common Cause. Other speakers include Del. Karen Montgomery and Prof. Avi Rubin, whose 2003 study of Maryland's voting machines sparked a nationwide debate. The forum will cover both our voting systems as well as the fight to bring public financing of campaigns to Maryland. Click here for more information.The Cost of Not Protecting Maryland's Environment: A Forum on the Economics of Ecology
When: Saturday, November 12, starting at 9 a.m.
Where: College Park City Hall, 4500 Knox Road, College Park
The Maryland Conservation Council's fall forum focuses on the cost of not protecting our environment. Speakers include Dr. Bob Constanza, Dirctor of the Gund Institute for Ecological Economics at the University of Vermont, Dr. Don Boesch, Professor of marine Science and president of the University of Maryland Center for Environmental Science, Harriet Tregonig, executive director of the Smart Growth Leadership Institute, director of government programs for the MD/DC Chapter of The Nature Conservancy.Maryland Consumer Rights Coalition Annual Meeting & Awards Ceremony
Date: Tuesday, November 15, 2004
Location: The Elkridge Furnace Inn, 5745 Furnace Avenue, Elkridge, Maryland
I'm honored that the Maryland Consumer Rights Coalition has awarded me its "Consumer Legislator of the Year" award. If you are interested in attending their annual meeting and awards ceremony, please follow this link. I'd like to thank Coalition members for this award and congratulate them for their efforts to protect, educate and advocate for the people of Maryland. -
June 2005 Newsletter
Posted May 28 at 9 AM
Dear Friend,I thought you might be interested in my op-ed that ran in the Washington Post on June 12th about Governor Ehrlich's non-strategy for cleaning the air in Maryland.
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Does the Governor Have a Plan B For Code Red?
Post
Sunday, June 12, 2005; B10Maryland Gov. Robert L. Ehrlich Jr. recently reduced his state's strategy for cleaning the air to the policy equivalent of absolute zero, the temperature at which movement stops, even at the atomic level.
The final bump down came May 31 when Ehrlich refused state Attorney General Joseph Curran's request to join a multistate challenge to Bush administration regulations that exempt coal-fired power plants from tough controls on mercury pollution. Neither Curran nor his predecessor, Steve Sachs -- who combined have more than 25 years experience as attorneys general -- remember a governor ever rejecting such a request.
During the past General Assembly session, the Ehrlich administration opposed legislation that would have clamped down on mercury, sulfur dioxide and nitrogen oxide pollution from Maryland's coal-fired power plants. According to an independent analysis, these plants account for 600 premature deaths and 12,000 asthma attacks annually. They are among the dirtiest coal-fired plants in the nation. Pollution from many of these facilities actually increased between 1995 and 2003, the last year for which numbers are available.
Instead of pushing for state legislation, Maryland's Department of the Environment advocated "a national program with emission caps more stringent than current federal proposals," a spokesman for the department said, adding that Maryland needs to focus on regional and national solutions rather than adopting a Maryland-only program that addresses just the minor, local part of our pollution problem.
The same reasoning figured in the administration's opposition to legislation introduced in the past session to clean up automobile tailpipe emissions. Vehicle exhaust is a huge source of air pollutants. Had that legislation and the power plant measure both passed, they would have reduced sources of air pollution within Maryland substantially. But the Ehrlich administration's message was clear: Maryland's air problems aren't caused by home-grown pollution; they are caused by pollutants the wind carries in from other states.
Not everyone agrees with that assessment. Before the 2005 legislative session, the University of Maryland's Environmental Law Clinic evaluated the state's progress in meeting federal Clean Air Act goals. Officials at the Department of the Environment claimed that sources outside Maryland account for 69 percent or more of Maryland's air quality problems, but the clinic reported that the U.S. Environmental Protection Agency could not verify that statistic or the models used to derive it and that it expressed skepticism about the figure. The EPA also said that Maryland was doing less than neighboring states, including Virginia, to control pollution from power plants.
But put aside the EPA's skepticism and the notion that maybe Maryland should address both in-state and out-of-state pollution sources, and one still is left with an astonishing sequence of events: This winter the Ehrlich administration opposed remedies aimed at in-state sources of air pollution on the grounds that interstate controls were needed. Now, it opposes aggressive efforts to toughen interstate controls.
On top of that, enforcement of air quality laws already on the books is inadequate. Maryland has only 18 inspectors to verify compliance at more than 11,000 facilities. Air quality monitoring sites for tracking ozone levels inside Baltimore City haven't worked since 2002.
With another summer of Code Red days looming, Marylanders have a right to ask the governor how he proposes to clean the air.
-- Brian Frosh
a Democrat, represents Montgomery
County in the Maryland Senate.
brian_frosh@senate.state.md.us
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May 2005 Newsletter
Posted May 28 at 9 AM
Dear Friend,I was surprised to read Governor Ehrlich's op-ed piece in the April 29th edition of The Gazette touting the administration's record on environmental issues. I thought you might be interested in my response.
--------------------------------------------------------------------------------Gubernatorial 'greenstanding'
by Brian E. Frosh
--------------------------------------------------------------------------------May 6, 2005
Gov. Robert Ehrlich's "green rhetoric" ("Ehrlich recounts conservation successes," April 29 Issues for our times) warrants close scrutiny, particularly his assertion that "the Ehrlich administration's guiding principle" is "environmental conservation is a year-round endeavor."Ironically, except for his efforts to pass the "flush tax" during the 2004 legislative session, Governor Ehrlich's record on the environment has been abysmal.
As the calendar turned to 2005, Governor Ehrlich was handed a lackluster mid-term report card from the Maryland League of Conservation Voters. The environmental watchdog group, which has been evaluating environmental leadership by Maryland governors and legislators since 1979, gave the governor a D+ grade, noting especially "the lack of progress on air pollution and failures in transportation planning, budget priorities, smart growth and land preservation."
Since the report card came out, the Ehrlich administration seems to be working hard to make sure its grade doesn't improve, and in fact now even the Governor's D+ average is in jeopardy.
The Department of Natural Resources entered 2005 peddling a reckless plan to introduce non-native oysters into the Chesapeake Bay . The agency's proposal lacked support from the scientific community, drew concerned responses from our neighboring states, and lacked adequate research into potential adverse effects. In response to this risky plan, the General Assembly passed responsible legislation sponsored by Sen. Joan Carter Conway that will keep non-native oysters out of the Bay until the department can demonstrate it has met scientific criteria established by the Chesapeake Bay Program and the National Research Council.
Maryland 's air quality will suffer dramatically due in part to the Ehrlich administration's vigorous lobbying campaign during the 2005 General Assembly session to kill legislation that would have reduced pollution from automobiles and from coal-fired power plants. The emissions from these sources can contribute to an increased risk of asthma and other respiratory conditions, particularly among children and the elderly.
The American Lung Association's new report, "State of the Air 2005," documents some of the air quality challenges facing our region. The report gives 12 jurisdictions in Maryland , including Montgomery and Prince George 's counties, "F" grades due to the alarming number of high ozone days. In Baltimore city, which scored an "F" for high ozone days and for elevated levels of particle pollution, the state's air monitoring stations are not even working.
The Ehrlich administration's record on land preservation is worse. The governor has undermined Program Open Space, Maryland 's nationally recognized land conservation program that has been in place since 1969 and serves as a model for other states. Program Open Space seeks to balance Maryland 's preservation and recreation needs with development, ensuring that forests, parks, streams, farmlands and wildlife habitats are safeguarded even as our state grows and prospers economically.
Governor Ehrlich's first three state budgets raided hundreds of millions of dollars from Program Open Space, crippling state and local land preservation efforts and potentially putting federal matching grants at risk.
While slamming the brakes on land preservation through Program Open Space, Ehrlich has shown other blatant signs of disregard for our public lands. Last year, the administration hatched a plan to sell 836 acres of forests in St. Mary's County to a developer. It subsequently became apparent that the governor was considering the sale of additional public lands, including many with ecological, historical or aesthetic value, on the premise that it might help balance the budget. In response to this misguided policy, I sponsored and the General Assembly passed a constitutional amendment requiring legislative approval before the governor can sell environmentally sensitive state land. Voters will have the opportunity to register their support for land preservation by ratifying the amendment in the General Election next November.
Maryland 's bountiful and beautiful natural resources have made our state a popular tourist destination and a terrific place to live. Our public policy has traditionally reflected a strong ethic of conservation and a commitment to environmental protection. Marylanders should expect and demand steadfast, trustworthy political leadership on environmental issues. Regrettably, our citizens are not getting that leadership from Governor Robert Ehrlich.
Brian E. Frosh, a Democrat from Bethesda, represents District 16 in the state Senate where he also is chairman of the Senate Judicial Proceedings Committee.
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April 2005 Newsletter
Posted May 28 at 9 AM
Dear Friend:This was a tough, often nasty, legislative session, but it included some notable accomplishments. Here are a few of the highlights:
Budget. The General Assembly approved a balanced budget of $26 billion for 2006 that avoids new taxes and slot machines. The budget includes a record increase of $400 million for K through 12 education as well as $43 million in new money for the University System of Maryland. The final budget provided $73 million more in open space funding than the Governor had originally proposed.
Teen Driving. Spurred by a rash of teen driving deaths in the Washington area, the General Assembly enacted a package of bills to reduce risks for younger drivers. Among the measures was a bill I developed prohibiting drivers under age 18 from using cell phones. Other legislation bars minors with provisional licenses from carrying unrelated passengers under 18, increases the amount of supervised driving required for a provisional license, and lengthens the time a person must hold a learner's permit before upgrading to a provisional license.
The Environment. Two significant pieces of environmental legislation won approval this session. One, introduced in response to an Administration plan last year to sell 836 acres of open space to a developer, is a constitutional amendment I wrote requiring legislative approval prior to the sale of environmentally sensitive State land. The amendment requires ratification by the Maryland voters and will be on the 2006 ballot.
Another environmental bill of note was a response to the Department of Natural Resources' plans to introduce nonnative oysters into the Chesapeake Bay. The bill requires compliance with research recommendations of the National Research Council and the Scientific and Technical Advisory Committee to the Chesapeake Bay Program prior to introduction. The legislation won support from the scientific community and Bay advocates who were concerned about DNR's apparent determination to introduce foreign oysters without adequately researching possible effects.
Medical Matters. Legislation passed increasing health care access for low income citizens and providing prescription drug coverage for people with family incomes less than 200 percent of the federal poverty level. Other legislation made technical corrections in the medical malpractice insurance bill passed during the special session last December. The special session bill--which I took the Senate lead in developing--limits increases in medical malpractice insurance premiums this year and puts measures in place that should bring long-term stability to malpractice insurance rates. Also winning approval is a measure that allows unrelated individuals to make medical decisions for each other.
Judicial Proceedings Committee. The chairmanship of the Judicial Proceedings Committee continues to keep me busy. This year the committee considered nearly 400 pieces of legislation. High profile bills included measures strengthening State laws against witness intimidation and expanding Maryland's hate crime protections to cover people victimized because of their sexual orientation.
Two things you should watch for in coming months. First, the General Assembly will likely undertake an investigation into the Ehrlich Administration's use of the State personnel system. Concerns about mismanagement of such basics as transportation and the foster care system have been fueled by reports that the Administration has purged skilled career employees to make way for political cronies. The fallout could be significant.
Second, keep an eye on political developments. U.S. Senator Sarbanes' decision to retire will stir things up throughout the State. Congressman Benjamin Cardin has declared for the U.S. Senate, which will likely lead to a primary battle to succeed him between two Committee chairs in Annapolis: Paula Hollinger and Maggie McIntosh. If Chris Van Hollen declares for the Senate seat, a number of my colleagues and I will look hard at the race to succeed him.
I deeply appreciate hearing from those of you who have taken the time to contact me about the issues that confront Maryland. Your perspectives are invaluable.
All the best,
Brian Frosh -
March 2005 Newsletter
Posted May 28 at 9 AM
Dear Friend,
We are in the midst of a busy, but productive legislative session in Annapolis. I would like to give you a brief update on three issues that are important to many Marylanders and have drawn public attention.
Increasing the Minimum Wage: the federal minimum wage has been $5.15 since 1997. We need to make it easier for the working poor in Maryland to support their families. That is why I support raising the minimum wage in Maryland to $6.15.
Read about the issue in the Washington Post.
Making sure the introduction of Asian Oysters in the Chesapeake Bay is based upon sound science: Senator Joan Carter Conway and I proposed an emergency bill to ensure that the introduction of non-native Asian oysters in the Bay does not get out ahead of the science. The Department of Natural Resources proposes to introduce this alien species, despite the fact that the National Academy of Sciences and others recommend several more years of research about the potential for unintended, adverse consequences. Bearing in mind the destruction wrought by gypsy moths, zebra mussels and the discovery of snakehead fish in the Potomac River, my colleagues in the Senate passed the bill this week.
Visit my website to view a presentation about the Asian oyster issueConserving Energy through an Energy-Saving Investment Program: I recently introduced a bill to encourage energy efficiency among Maryland's residential electric and gas customers. The heart of the program is an energy savings plan developed and administered by the Maryland Energy Administration, approved by the PSC, and financed by an Energy-Savings Investment Fund. The cost of energy has skyrocketed since deregulation in 1999, but this legislation will help to control these costs and to reduce energy usage.
Read the legislation.
Sincerely,
BRIAN E. FROSH -
February 2005 Newsletter
Posted May 28 at 9 AM
Dear Friend,
Newspaper accounts report daily -- and accurately -- of the rancorous launch of the state legislature and our continuing disagreements with the governor. But as the political smoke clears, I can report that Marylanders are coming out ahead. That’s certainly true on three issues that I care deeply about and will continue to play a leadership role in.
First, reacting to our plans to override his veto of legislation limiting tuition increases, Governor Erhlich has proposed a $43 million increase in funding for the state’s university system. Generally speaking, the increased funding is good news for the university system, but it still leaves the system far short of funding levels from 2001 and 2002. If the Governor believes that we will back down and no longer pursue legislation to restore funding and cap tuition increases, he is sorely mistaken. The governor plans to take money away from other programs to pay for this one-time boost in university funding. While capping tuition increases, our legislation creates new revenue streams in order to provide for continual funding of the university system. Tuition throughout the system’s 11 campuses averages an unacceptably high $5,000 a year. At College Park, tuition and fees approach $7,400, making it one of the most expensive public universities in the country. We can and must do better for our students, their parents, and our state.
On another issue, the governor claims to have aborted his plan to sell state preservation land to a wealthy construction executive. We cannot, however, allow any governor to have sole authority to dispose of state park or preservation land. That’s why I -- and many of my colleagues -- are pursuing a constitutional amendment that will require the governor to gain legislative approval before disposing of any environmentally sensitive state land. It lets us write into the Constitution the principle that, once land has been acquired for conservation, it cannot be quietly sold off to a developer. Should it pass, a constitutional amendment would eliminate the threat of a veto from the governor and will come before the voters in November 2006.
Finally, as many of you now know, we overrode the governor’s veto of legislation to reform the state’s medical practice system. It is good legislation that limits doctors’ insurance increases to 5 percent in the coming year. Other provisions will make patients safer, discipline negligent doctors and alter the way courts award damages for injuries and improper care. It includes a modest tax on HMOs to subsidize doctor’s malpractice insurance costs. Groups on all sides of the issue -- including doctors, lawyers, and consumers -- have praised the legislation as a constructive step in addressing the worrisome trend of rising medical practice costs. The governor deserves credit for drawing attention and demanding legislative action on the issue. His veto of this important legislative remedy is another matter.
There is plenty of heated rhetoric in Annapolis these days and not a little grandstanding from all sides. But we’ve also taken some principled stands when we’ve needed to and made progress on issues of genuine concern to our state. All in all, we’re off to a good start.
Sincerely,
BRIAN E. FROSH
