Delegate Trent Kittleman - District 9A
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Week 8
March 7 - March 12, 2022
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Contents
- Gas Tax Relief is on its way
- Abortion Bills Elicit Delegate Passions
- A Miracle Occurred Last Night!
- Bills to Change Climate Change
- Protecting Special Needs Students
- Playing with Pensions
- Spending into the Abyss
- What to do with my Paint?
- Paint Stewardship
- Legislative Scholarship Application
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Gas Tax Relief is on the way!
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In a bit of GOOD NEWS and BIPARTISANSHIP, Gov. Larry Hogan (R) announced working with lawmakers on emergency legislation to end the gas tax in Maryland amid global uncertainty. “We have a once-in-a-generation opportunity to advance substantial tax relief for our families, small businesses, and retirees,” Hogan said. Top leaders in the General Assembly agreed to offer a gas tax holiday for one month.
The suspension will make gas $0.36 cheaper for a one-month period. This emergency legislation is progressing quickly in both the House and Senate and will become law upon enactment. While a one-month reprieve should be celebrated, many of us want to see the tax abated for at least three months and possibly until the inflationary prices return to a lower normal.
The Republican House Caucus is also firmly behind HB 144, a bill sponsored by Delegate Matt Morgan to eliminate indexing the gas tax. Since 2013, the Maryland gas tax has automatically grown by the the growth in the CPI, and will continued to do so if we do not pass HB 144 to stop it. With inflation currently at 8%, the gas tax would grow significantly.
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Whether pro-life or pro-choice, I sincerely doubt that a majority of Marylanders would favor HB 937. The bill states that its purpose is "to protect access to abortion care." It should read, "to promote access to abortion care."
Here is what the bill does:
- Expands the number of heath care professionals with abortion care training
- Increases the racial and ethnic diversity among heath care professionals with abortion care training.
- Creates the Abortion Care Clinical Training Program in the Department of Health (MDH) and funds it in the budget at $3.5 million annually to:
- Fund continuing education programs for qualified providers
- Establish training program requirements
- “Focus on the provision of culturally congruent care and include implicit bias training;”
- Support abortion care clinical training to qualified providers to:
- Expands the number of health care professionals with abortion care training, and
- Increase the racial and ethnic diversity among health care professionals with abortion care training
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Requires all insurers to cover abortion care services free of charge (with exceptions for religious affiliations, high deductible plans & multi-state plans that do not cover abortions)
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This bill is just two pages long. Fearing that the Supreme Court will overturn Roe v. Wade, proponents claim that this Constitutional Amendment is needed to preserve a woman's right to abortion in Maryland.
First, that is simply wrong. If Roe v. Wade is overturned, nothing changes in Maryland or any other state unless and until a state passes language to restrict -- or expand -- abortion rights. Second, Maryland law specifically allows for exactly the same rights as the decision in Roe v Wade, so there is no need to pass a new law, other than to expand abortion rights . . . to allow an abortion to be performed at any time during the pregnancy, and to eliminate any restrictions whatsoever on the procedure.
The complete new language to become law in this bill is at follows:
"That every person, as a central component of the individual's rights to liberty and equality, has the fundamental right to reproductive liberty which includes the right to make and effectuate decisions regarding the individual's own reproduction, including, but not limited to the ability to prevent, continue, or end their pregnancy. The State may not, directly or indirectly, deny, burden, or abridge the right unless justified by a compelling state interest achieved by the least restrictive means."
Unfortunately, this language expands the right to end a pregnancy in several ways, the most frightening and appalling is that it would allow an abortion to be performed regardless of how many months have passed . . . which means that it will be legal to abort a full-term healthy baby.
You will hear from proponents of this bill that it is not true that full-term abortions would be permitted under this bill. They rest their opinion on the fact that it is "against the standard of care," which remains as a provision of the existing law. However, if this Constitutional amendment is passed by the legislature and by the people, it's permissive, unrestricted language will supersede any law to the contrary.
Finally, the sponsors of this bill have provided what they believe should be the specific language of the Question that will appear on the ballot this coming November.
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“Question ___ -Constitutional Amendment
The proposed amendment confirms an individual’s fundamental right to the individual’s own reproductive liberty [see missing language in bold in paragraph 1 above] and provides the State may not, directly or indirectly, deny, burden, or abridge the right unless justified by a compelling State interest achieved by the least restrictive means.”
The very provisions that the Amendment is intended to change will be omitted if their language is used.
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A Miracle occurred last night!
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The tally board above records something I've never seen before: a Republican amendment to a bill -- HB 920 -- introduced on the floor of the House, actually passed by a vote of 71-47.
HB 920 - Correctional Services – Medical Parole – Life Imprisonment. Current law allows any inmate sentenced to life imprisonment, who meets the criteria for a Medical Parole, to be granted such parole. The bill made one simple change to the current law. It repealed the provision allowing the Governor to accept or reject a decision by the parole board to grant medical parole to an inmate sentenced to life imprisonment.
The amendment, offered by Minority Leader, Jason Buckel, created an exception to the underlying bill. His amendment added language saying that "This section does not apply to an inmate who is serving a term of imprisonment for" First Degree Murder.
Minority Leader Buckel made an eloquent and impassioned argument for the amendment. But what gave the amendment such overwhelming support was a speech by Democrat Delegate, Chanel Branch, whose personal story brought many to the point of tears. If you would like to hear her words, you can click here.
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Bills to Change Climate Change
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HB 708 - Comprehensive Climate Solutions (Barve and Stein)
This bill makes broad changes to the State’s approach to reducing statewide greenhouse gas (GHG) emissions and addressing climate change. Among other things, the bill:
- reduce statewide GHG emissions by 60% from 2006 levels by 2032 (increased from 40% by 2030 under current law and two years later than HB171).
- requires the State to achieve net-zero statewide GHG emissions by 2045; This is five years later than HB 171 which requires "net-zero GHG emissions by 2040 and "net-negative thereafter"
- establishes requirements for monitoring methane emissions from landfills;
- increases and extends specified energy efficiency and conservation program requirements; and
- establishes new entities to support related activities.
The Fiscal Note for this bill is $1.1 Million, annually.
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HB 936 - Blue Ribbon Community Solar Land Use Commission
This bill has not yet been voted out of committee, but creates some serious concerns. The commission must study and make recommendations regarding the land use needs to meet the full generation capacity authorized under the Community Solar Energy Generating System Pilot Program, including the total area of land, including agricultural land, that is likely necessary to meet the full generation capacity in a manner that is cost-effective for ratepayers in the State.
Government has the power of eminent domain -- the land needed for solar panels sufficient to meet the goals of ther state will be enormous. How much and and what kind of land may be taken by the government for this purpose? It won't be urban communities that will be taken; it will be farms and other rural land.
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The idea for an all-electric construction code came from a report by the Maryland Commission on Climate Change. A number of the bills promoting climate change inlcude provisions requiring new buildings owned or built by the state to be mall-electric, and use no fossil fuel at all.
It was one of many policy recommendations offered in a building energy transition plan the group released in November after months of discussions, though the commission did not set a timeline for its vision.
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Senate Bill 528- Climate Solutions Now Act of 2022
The Senate spent five hours debating its overarching climate change legislation. As a result of the debate, the bill was amended and struck a provision particularly offensive to unions, management, utilities and landowners who work in the field of energy production.
The primary goal of this bill and most other "climate change" bills is to accelerate the speed at which the state arrives at net zero grteenhouse gas emissions, primarily by eliminating the production and use of fossil fuels. This bill, sets the goals to reduce greenhouse gas emissions by 60% by 2030, and to achieve net zero emissions in the state by 2045.
As to the cost of implementation, an article in the Baltimore Sun noted that the legislation is so complex nonpartisan legislative analysts who typically offer cost estimates with every bill did not assign it a definitive price tag. Here is what the Fiscal Note was able to determine:
- General Fund expenditures increase by $1.7 million in FY 2023, by $18.7 million annually from FY 2024 through 2026, and by $13.7 million annually thereafter
- Special Fund revenues and expenditures increase by $12.0 million annually beginning in FY 2024 d
- State expenditures (multiple fund types) increase significantly beginning in FY 2023.
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The Mid-Atlantic Pipe Trades Association testified in opposition to SB 528. Much of their testimony focused on the harm this bill would do to the careers and the livelihood of their members and families.
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However, the more compelling testimony hit on the one issue that few seem willing to recognize: Fossil fuels will be needed for some time as we transition to renewable energy. It is and will be impossible generate enough energy from fossil fuels until we achieve a significant advancement in the ability of renewables to produce sufficient energy and it probably cannot be done at all unless nuclear energy is added to the category of renewables.
Here is part of their testimony:
- "Before you end fossil fuels and stop installing its infrastructure in new construction and remodels, build more of this renewable infrastructure; otherwise, you put grid stability in danger.
- Currently, the infrastructure doesn’t exist for renewable energy to replace fossil fuels without nuclear added as renewable.
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As of January of 2020, the country of Denmark, the world leader in wind power, only gets 47% of its energy from the wind after building infrastructure for 40+ years
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NAIOP Maryland, the Maryland Chapters of the Association for Commercial Real Estate also gave testimony in opposition. One of the first things they pointed out is that Maryland is ranked first out of 41 states that had both reduced emissions and grown their economies, in the 2020 report from the World Resources Institute titled, "America's New Climate Economy."
NAIOP also provided a detailed 8-page analysis of the impact of HB 528. Anyone really really interested in climate change can read their testimony, here.
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Protecting Special Needs Students
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HB 226 - Public Schools - Self-Contained Special Education Classroom Video Recording Pilot Program
The bill does exactly what the title indicates: it requires each local board of education to install at least one video recording device in each self-contained special education public school classroom. Although an issue of privacy always accompanies government use of video cameras, this is one area where the need clearly trumps the concern. Here is some of the testimony supporting the bill.
The Howard County State's Attorney testimony: This bill "will offer a level of protection which currently does not exist for the weakest among us. Unfortunately, there is evil in this world and wrongdoers often seek to prey upon those that lack the ability to effectively advocate on their own behalf. . . . Additionally, the footage obtained from the cameras could serve to exonerate individuals where there are allegations of wrongful behavior."
Witness Testimony: I worked as a Special Educational Assistant for 13 years with Frederick County Public Schools. During that time, I was assigned to work for 5 months in a class with all Special Education students. I observed numerous egregious actions towards these students. It ranged from verbal abuse, physical abuse, taunting and racial slurs. This behavior was brought to the attention of the principal, Child Protective Services, the Sheriff's Department, and Frederick County Public Schools Accountability Department. Unfortunately nothing was done except to move this teacher from school to school. This particular teacher is currently assigned to work one on one with Special Education students. If a camera were in the room, perhaps this would not have occurred. At the very least, it would have been seen that it did occur. Thank you for considering this bill which would protect children who are unable to defend or protect themselves."
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HB 542 - State Retirement and Pension System - Use of Minority and Women-Owned Business Enterprises (Diversity Among Asset Managers Act of 2022)
Like most bills, the title of this one sounds good and reasonable. The bill requires the State Retirement investment Committee to "attempt to use, to the greatest extent feasible, minority businesses to provide brokerage and investment services; to remove any barriers that limit full participation by minority businesses; and to provide guidelines for the Investment Committee in identifying and evaluating qualified minority businesses in order to achieve objective for greater use of minority business enterprises.
If fact, The State Retirement Agency has a fiduciary duty only to consider how to produce the greatest return for its pensioners. If a minority-owned brokerage is evaluated to produce the best returns, they will be hired. But this bill follows a continuing trend of legislation attempting to achieve social justice through manipulating the state pension funds -- such as HB 909 and HB 740.
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(HB 909) - Maryland Teachers and State Employees Supplemental Retirement Plans - Use of Minority Business Enterprises
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This bill is is virtually identical to HB 542; the only difference is this bill covers the Teachers and State Employee Supplemental Retirement Plans which is a separate pension fund.
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(HB 704) - State Retirement and Pension System - Investment Climate Risk - Fiduciary Duties
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This bill is a bit more sophisticated. It cloaks every requirement in "in accordance with statutory fiduciary responsibilities" language. But since state law cannot trump the fiduciary responsibilities placed on pension funds by federal law, that caveat does little to change the focus of the legislation.
This bill requires a fiduciary of the State Retirement and Pension System to consider the potential systemic risks of the impact of climate change on the system’s assets. Based on the findings in the climate risk assessment, the Chief Investment Officer must:
- identify environmentally sustainable investment opportunities to support a low-carbon economy;
- develop transition assessments relating to investments in high-impact sectors;
- evaluate whether internal and external investment managers are taking steps to transition to a more sustainable business model; and
- work with specified investment professionals to identify, analyze, define, and prioritize asset-class specific metrics and minimum standards to evaluate transition readiness and resiliency for companies in high-impact sectors
In addition, the Retirement System Pensions Board "must include policies in the investment policy manual regarding risk management, including climate risks, in the investment of system assets."
The purpose, focus and, fiduciary responsibilities of the Maryland pension plans is to maximizing the growth of the plans to ensure there will be adequate funds available each year to pay for the retirement pension promised to each employee of the state.
The accumulation of bills that require the managers of these pension plans to look at, consider, plan for, and try to include efforts at social justice impairs the ability of the pension plans to accomplish their primary -- and only -- duty.
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HB 8 - Labor and Employment -- Family and Medical Leave Insurance Program -- Establishment (Time to Care Act of 2022)
(This bill has not yet been voted out of committee)
The program provides up to 12 weeks of benefits to an employee who has worked at least 680 hours during the last year, and who is taking leave to (1) care for specified family members, (2) the individual’s own serious health condition, or (3) a qualifying exigency arising out of a family member’s military deployment. The weekly benefit, which is based on an individual’s average weekly wage, ranges from $50 to a $1,000 cap that is indexed to inflation.
These cost of these benefits are to be shared equally between employers and employees. All employers who employ at least one employee must participate in the program.
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I always want to ask the sponsors of these bills that provide various, and always deserving, benefits to Marylanders, why did you stop there? Each year the legislature finds new needs to remedy and creates new programs to take care of the needs.
Whenever those of us in the minority ask about the cost of these new programs, we are told that we must find the money because the needs are great.
So I ask, why stop there? Are there families living in poverty? Are there those who have no access to health care or to adequate food, or to any or the benefits that the legislature believes everyone has a right to? And the answer to this question is, yes, poverty still exists in Maryland.
So once again I ask, why stop there? How many problems remain? How do we know when the problems are fixed? If money isn't relevant in this case, how do we know when it is? And do you ever worry that the money we are using to make people's lives better is being taken from many families whose ever-increasing tax burden is making their lives worse?
Just sayin'.
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What to do with my Paint?
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HB 18 - Maryland Paint Stewardship
(This bill has been passed by the House and sent to the Senate)
This bill requires a business that sells paint, wholesale or retail, to
- Submit a plan to establish a "Paint Stewardship Program" to the Maryland Department of the Environment (MDE) for approval;
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Pay a plan review fee to MDE;
- Implement the program within six months after plan approval;
- Submit annual reports for MDE review; and
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Pay annual report review fees to MDE.
The bill establishes:
- A uniform paint stewardship assessment to cover program costs and
- A prohibition on the sale of paint unless the producer is implementing an approved paint stewardship program.
Essentially, this legislation creates a nightmarish level of regulation, record-keeping and cost to businesses and consumers for the purpose of getting rid of paint.
Go figure.
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Kittleman Legislative Scholarship
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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.
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Please MAIL your applications to Delegate Trent Kittleman, Rm. 202, 6 Bladen Street, Annapolis, MD 21401. For questions regarding the application process, call my Annapolis office and speak with Chelsea Leigh Murphy, my Chief of Statt, at 410-841-3556.
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Authorized, Friends of Trent Kittleman, William Oliver, Treasurer
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