Brian Frosh

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