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News From Annapolis
Delegate Trent Kittleman - District 9A
Week 5
February 21-25, 2022
Contents
  • Bad Bills of the Week
  • Spotlight on Education Legislation
  • A Good Bill: More on the Cost of Kirwan
  • District 9A News: Howard County Proposed Local Legislation
Legislative Scholarship Application
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Bad Bills of the Week
The law as currently written requires a law enforcement agency to notify the local School Superintendent and the Principal & School Resource Officer of the school the student attends within 24 hours of when a student is arrested for any one of a list of serious crimes, called "Reportable Offenses" including:
  • possession of dangerous weapons,
  • controlled dangerous substances,
  • destructive devices,
  • arson,
  • involvement with gangs,
  • assault in the second degree,
  • general crimes against another person’s property,
  • interference with justice,
  • stealing a motor vehicle,
  • first-degree burglary, and
  • cruelty to animals
The information so reported is confidential and may not be re-disclosed, with limited exceptions, and may not be made part of the student's permanent educational record.
The information reported shall only be used:
  1. to provide appropriate educational programming and related services to the student and
  2. to maintain a safe and secure school environment for students and school personnel
The law also provides for certain protections to other students. For example, it states:
"If a student is arrested for a reportable offense involving rape or sexual offense and is convicted of or adjudicated delinquent for the rape or sexual offense, the student may not attend the same school or ride on the same school bus as the victim.'

This bill eviscerates this law.

What the bill changes.
First it redefines "Reportable Offense" to apply only to an offense that:
  • Occurred off school premises or
  • Did NOT occur at a school-sponsored event.

Second, by delaying the report from immediate (within 24 hours of arrest) to only after a student is convicted of a reportable offense guts the intent of the reporting requirement "to maintain a safe and secure school environment." Moreover, the entity responsible for reporting is now the states attorney who prosecutes the student, and reporting is no longer required: "the State's Attorney MAY notify the following . . ." .

And finally, it DESTROYS THE PROTECTION OF RAPE VICTIMS. The bill says that the principal and superintendent "shall CONSIDER" prohibiting a student who is convicted of a rape or sexual offense from attending the same school or riding the same bus.
This bill reduces the application of existing penalty provisions for disturbing, molesting or threatening students.
The current law is titled, "Disturbing activities at school or college; molesting or threatening students" and prohibits a person from committing those acts:
  1. On the grounds or the immediate vicinity of an elementary or secondary school, or college;
  2. On a school vehicle;
  3. At an activity sponsored by a school that is held off school property; or
  4. On property owned by a county board and is used for administrative or other purpose.
It also prohibits a person from threatening any employee of any of these schools in their home.

The penalty for violating this law. A person who violates any provision of this law is guilty of a misdemeanor and is subject to a fine up to $2,500 and/or up to six months in prison.
Changes made by the bill. The prohibitions and penalties in this section DO NOT APPLY TO:
  • Students who attend the school;
  • Students on exclusionary discipline from the school; or
  • Students from another school who are participating in a sport or other school-sponsored event at the school where the offense occurs.
In an era of escalating violence and crime, why do progressives continue to respond by lessening penalties?
Why do prosecutors list the crimes they are NOT going to prosecute; why do legislatures eliminate bail putting multiple violent repeat offenders back on the streets to commit even worse crimes; and why do progressives eliminate penalties believing that is the only way to stop racially imbalanced arrest patterns?
With the damaging impact the pandemic wrought upon the psyches of children held captive in their homes, without social contact with other children, why are we eliminating penalties for exactly the kind of threatening, bullying, behavior that has caused an unnatural number of suicides among young children?
HOW LONG WILL IT TAKE UNTIL THE PEOPLE IN POWER REALIZE THAT NOT HOLDING PEOPLE ACCOUNTABLE FOR THEIR ACTIONS DOESN'T HELP?
IT DOESN'T HELP SOCIETY AND IT DOESN'T HELP THOSE WHO ARE COMMITTING THE CRIMES.
Spotlight on Education Legislation
This week, on Thursday, February 24 and Friday February 25, the Ways & Means Committee will be hearing education bills. Below are the agenda for the two days. Here is the link to the membership of the committee, and information about how you can testify or send written testimony appears below.
Education Bills to be heard on Thursday, February 24th
Ways and Means Committee
Thursday, February 24, 2022
Bill Hearing
1:00 PM - Zoom / YouTube
Education Bills to be heard on Friday, February 25th
Make your voices heard! You can testify in writing or you can testify
(in the House) via Zoom -- no need to travel to Annapolis.
Hearings
  • All hearings will be done online for the 2022 legislative session.
  • The committee chair will decide how long the hearing will last, and in general, up to 50 people may testify.
Witness sign-up
  • Witness sign-up will be opened on the MGA website 48 hours before the bill hearing.
  • Witnesses can sign up from 10am until 3pm.
  • If you’ve signed up, you will receive a Zoom link to the hearing, the day before
How to sign up
  • Go to this site
  • Complete the "register for a MyMGA Tracking Account" form
  • Once you click on register at the bottom of the form, you will be directed how to sign up
A Good Bill
More on the Cost of Kirwan
 
Following up on the article in the Week 2 Newsletter on the cost of the Kirwan Blueprin” to local jurisdictions, highlighting Howard County, this week we look at the counties most impacted by the costs of Kirwan, and a bill to rectify the inequities.
 
The Department of Legislative Services (DLS) recently published a report titled, “Local Fiscal Impact of Implementing the Blueprint for Maryland’s Future,” noting that "A number of jurisdictions will face fiscal stress at some point in the next 12 years to meet the Blueprint funding requirements." 
DLS identified 5 jurisdictions that will have the greatest impact over the 12-year period – Baltimore City and Caroline, Garrett, Kent and Talbot counties.
 
Using Kent County as the example, here is how the additional funding, mandated by the Blueprint, will impact Kent:
 
  • In fiscal year 2023 the County will be funding its school system with a $19,500,000 appropriation.
  • In fiscal year 2034 (without Kirwan) the County’s contribution to its school system would be $24,200,000.
This is a reasonable increase of 24% over the nine-year period. However, when the mandated Blueprint funding is included, the results are as follows:
  • In fiscal year 2034 (with Kirwan) the Kent County appropriation for its school system will be $31,200,000.
This is a 77% increase from 2023 – three times the increase without the mandated Blueprint funding.

Like Howard County’s report on the impact of the Blueprint mandated funding, Kent County’s budget analysis predicts a significantly greater impact than the DLS Report indicates. And as one concerned resident wrote, “Kent County is at the maximum level for income tax. The only revenue source to pay for Kirwan in Kent County is real estate tax increases, and that is a FREIGHT TRAIN WRECK WAITING TO HAPPEN.”

In order to head off such a calamity, HB 1240 would create a low-density calculation for counties that have a population density amount of less than 100 and a full-time equivalent student enrollment of fewer than 2,000 students. The bill has a hearing on March 10.

Howard County
Proposed Local Legislation
Bill # 1. Ho.Co 1-22 No Action Taken
By: Delegate Atterbeary
Would have replaced school resource officers in public schools in Howard County with adequate law enforcement coverage provided by school coverage officers. Read More
Bill # 2. Passed by Delegation 1/19/22 now House Bill HB-865
By: Senator Hester
FOR the purpose of requiring the Howard County Board of Education to bear the burden of proof in due process proceedings that initiate from a due process complaint regarding the provision of special education services or a program for a child with disabilities.
Bill # 3. Passed by Delegation 1/19/22, now House Bill HB-885
Sheriff - Salary
By: Chair, Howard County Delegation
FOR the purpose of altering the salary of the sheriff of Howard County; and generally relating to the salary of the sheriff of Howard County. Currently at $105,000, the sheriff's salary "Shall increase annually according to the Howard County Police Management Schedule." READ MORE
Bill # 5 . Passed by Delegation 1/19/22, now House Bill HB 878
By: Delegate Feldmark and Senator Guzzone
FOR the purpose of establishing the Housing Opportunities Trust Fund as a non-reverting special fund to be used to promote equitable access to affordable housing for households of limited income in Howard County;
Bill #6 - Passed by Delegation 1/26/22, now House Bill HB-868
By: Delegate Atterbeary
This bill eliminates the Howard County Orphan's Court and transfers all of its work to the Howard County Circuit Court.
By: Delegate Atterbeary
FOR the purpose of authorizing the County Council of Howard County to impose an excise tax on commercial building construction; requiring the excise tax revenue to be used only for deferred maintenance needs identified by the Howard County Board of Education; and generally relating to a commercial building excise tax in Howard County and deferred maintenance in the Howard County Public School System.
By: Delegate Watson
This bill authorizes the Howard County Board of Education to adopt a policy allowing a public school in the county to use an alternative instruction model under certain circumstances.
Bill # 10 - Passed by Delegation 2/2/22, now House Bill HB-1247
By: Senator Lam
This bill authorizes the County Council to grant a certain property tax credit against the county property tax imposed on a dwelling owned by an individual who meets certain age, income, and residency requirements.
By: Delegate Hill
FOR the purpose of prohibiting the Board of License Commissioners for Howard County from issuing or renewing a Class A license in a certain geographic sector of an election district if the issuance or renewal will result in the proportion of Class A licenses within the geographic sector exceeding the proportion of the population of the election district that resides in that geographic sector; requiring the Board to publish and regularly update certain information on the Board’s website; and generally relating to alcoholic beverages licenses in Howard County
Bill # 12 - Ho.Co. 12-22 No Action Taken
By Delegate Hill
FOR the purpose of prohibiting a disposable bag fee imposed by Howard County from being applied to the sale of products purchased with certain federal nutrition benefits; and generally relating to disposable bag fees in Howard County.
By Senator Guzzone
FOR the purpose of:
  • authorizing the Board of License Commissioners for Howard County to issue a consumption only shopping mall plaza license and special event permit to the owner of a commercial shopping mall if the mall meets certain criteria;
  • authorizing the license holder to allow the consumption of beer, wine, and liquor in a designated outdoor area if the beer, wine, or liquor is purchased from certain restaurants;
  • establishing a shopping mall plaza special event permit;
  • providing that the permit authorizes certain restaurants to operate additional bars or service counters for the sale and service of food and alcoholic beverages in a designated outdoor plaza during a special event;
By: Chair, Howard County Delegation, upon request
FOR the purpose of altering the notice requirements for an applicant for a new alcoholic beverage license or changes to an existing license in Howard County; and generally relating to alcoholic beverages licenses in Howard County.
Bill # 15 - Ho.Co. 15-22 Defeated, 2/16/22
By: Chair, Howard County Delegation
FOR the purpose of repealing the requirement that an application for an alcoholic beverages license in Howard County include certain petitions of support signed by certain individuals;
By: Chair, Howard County Delegation
FOR the purpose of providing that a resident of the State meets certain residency requirements for an applicant for an alcoholic beverages license in Howard County; and generally relating to residency requirements for alcoholic beverages licenses in Howard County.
No action taken due to time constraints
By: Delegate Ebersole
FOR the purpose of authorizing the student member of the Howard County Board of Education to vote on budgetary matters; and generally relating to the Howard County Board of Education
Kittleman Legislative Scholarship
District 9-A residents
High school seniors, current undergraduate students at a 4-year college, a community college, or a private career school are eligible to apply for a Legislative Scholarship.
Please MAIL your applications to Delegate Trent Kittleman, Room 202, 6 Rowe Blvd., Annapolis, MD 21401. For questions regarding the application process, call my Annapolis office and speak with Chelsea Leigh Murphy, my Chief of Staff, at 410-841-3556.
Authorized, Friends of Trent Kittleman, William Oliver, Treasurer