The bill attempts to reduce the problem of bullying-related suicide by requiring each local board of education to provide each student in grades 6 through 12 with the telephone number of the Maryland Youth Crisis Hotline by:(1) printing the phone number prominently in the school handbook; and (2) printing the telephone number on a student’s school identification card. Delegate Aumann believes any assistance to children in crisis is a responsible thing to do.

Thank you for contacting my office during the 2010 Session of the Maryland General Assembly.  I appreciate the time you took to let me know your views on issues that concerned you.  I have taken these opinions into consideration and used them while deliberating.

This term I again served on the Transportation and the Environmental Subcommittee of the Appropriations Committee.  I continue to serve on the Oversight Committee on Personnel, Oversight Committee on Pensions, Joint Committee for Audits, Joint Committee on Legislative Ethics, and Deputy Whip for the Republican Caucus.  I want to thank all of you for the honor and the pleasure of allowing me to serve the residents of the 42nd District as well as our fellow Marylanders.

The 2010 Session has concluded with challenges still ahead of us.  Over 2800 filed bills were heard in our committees and in the House Chamber.  Due to the financial condition of the state, bills submitted with large fiscal notes were considered but not acted on because of the State’s current budget conditions.  This Session the Appropriations Committee worked on ratifying the four Board of Public Works’ actions taken during this year’s unprecedented downturn in our economy.  The Board of Public Works had cut over $700 million from the State’s $32 billion dollar budget.  Even with the $2 billion dollars in Federal Assistance through the ARRA funds, the Government could not collect enough revenues to keep pace with spending.

SB 140 – The Budget Bill for Fiscal Year 2011
After 11 weeks of extensive debate over the Budget Bill, SB140, 76 committee amendments were adopted, reducing the Governors Budget by $12 Million. Just days after the Budget was presented to the Floor of the House Chamber, the Governor took that $12 million and spent those funds on other programs in a Supplemental Budget.  The Conference Committee Report was submitted two days before the Session ended which increased the Budget by $16 million over what the Governor submitted.  Here in lies the challenge, revenues are projected to be less and our spending continues to climb.  This is the third year that State employees have been furloughed; there were no raises or cost of living adjustments.

New programs were created, projects for construction were supported and five pages of transfers from every account that the Governor could sweep from was swept.  See the “Budget Reconciliation and Financing Act of 2010 (SB 141/HB 151) Budget Summary, Provisions, and Recommendations March 2010,” (http://mlis.state.md.us/2010rs/misc/BRFAof2010.pdf) pages 6, 7, 8, and 9 for all the transfers made to the General Fund.  Some of these transfers are constitutionally questionable, such as the Comptroller’s account that receives local taxes for $350 million and $20 million from an account that the Maryland Automobile Insurance Fund holds in reserves.  It is still unclear if the State will receive the $380 million from the Federal Government.  There lacks any extra cushion, which may result in further action by the Board of Public Works.  The General Assembly must present a balanced budget and understand the financial forecast to prepare for its duty for fiscal responsibility.

The Minority Party offered more than $850 million in suggested cuts with the help of the Department of Legislative Services.  Just a few of these suggestions were implemented, such as reducing the work force by 500 positions.  It sounds harsh until you understand that about 1,000 people a year leave state service through retirements or attrition each year.  Much more could have been accomplished to protect the pressures for increased revenues from our citizens.  Even though this is an election year, it is irresponsible to put off changes that could provide protection from greater fees and taxes.

Capital Budget
The Capital Budget is used to pay for road projects, construction of prisons, state buildings, school construction and land purchases. The State depends on a portion of the property tax to repay the interest and principle on bonds that finance capital projects. The State has reached the debt limit and the capital budget should be adjusted to reflect the current economic conditions. State policy contains provisions that limit the amount of tax supported debt to be no more than 8% of State revenues and 4% of personal income. Over the past 18 months, the State has experienced declining revenues and has increased the debt limit to $1.14 billion in new State debt. I believe it should have been reduced to $990 million, and follow the recommendation that the Capital Debt Affordability Committee suggested in October.  I offered a detailed amendment to reduce the debt outstanding to $990 million, cutting $150 million from projects that have not started and could be postponed for a year. The concern is that the debt service costs could outstrip the current revenue stream, thus relying on General Funds to supplement those payments.

Pensions
I serve on the Joint Committee on Pensions and have found it frustrating, due to inaction, to deal with our growing, unsustainable liability. Over the last few years the Administration has not funded any portion of the pension system. The Maryland State Retirement and Pension System have an unfunded liability of $17 billion. This session, I have joined several of my colleagues on a pension work group to examine the retirement systems and develop strategies to resolve the long- range, shortfall of the state pension system.  The workgroup proposed that, initially, the General Assembly members would move from a defined benefit program to a defined contribution program. Ninety-five percent of the private sector that offers a pension system offers a defined contribution plan. This effort was not adopted but there was a comment that this issue will be studied by a workgroup over the interim.

Healthcare Freedom
The Federal Government recently passed a Health Care Reform Act which mandates each citizen to purchase health insurance. It is the first time in the history of America, Land of the Free, that a mandate of this magnitude has been forced on its citizens. Many Attorney Generals from various States have filed suits challenging the constitutionality of the mandate. It is unlikely that Maryland’s Attorney General will defend against this mandate and therefore we need to act through our federal representatives to retain the autonomy and level of healthcare we currently enjoy.  I signed on to legislation that is similar to the efforts in Virginia that would safeguard Marylanders from this burdensome imposition. Unfortunately, the House Bill 603 – Healthcare Freedom Act was voted down in the Health and Government Operations Committee this session. I would have voted for the measure.

SB 279 Maryland False Health Claims Act of 2010
This bill deals with civil fraud in Medicaid cases. Many hours of discussion surrounded this bill due to some extreme actions.  Maryland law presently requires that a case must prove that a defendant had a “specific intent to defraud” which is deleted from this bill.  Maryland law requires that fraud be proved by “clear and convincing evidence”.  The current standard is lowered by this bill to “preponderance of the evidence”. The current statute of limitation in Maryland for bringing a lawsuit is three years. This act will allow to “reach back” for ten years to bring a lawsuit. This bill also contains a provision called qui tam, which would enable whistleblowers to file civil fraud law suits in the name of the state, to claim a bounty from any proceeds recovered for the State, in such action, and to recover attorney fees and expenses from the defendant. This bill also has a provision that allows for treble damages to be collected.  I did not vote or support this bill.

Cell Phones
Senate Bill 321 – The Delegate John Arnick Electronic Communications Traffic Safety Act of 2010 passed the House and Senate.  This bill prohibits the driver of a school vehicle that is carrying passengers and is in motion from using a handheld telephone. The prohibition also applies to the holder of a learner’s instructional permit or provisional driver’s license who is age 18 or older. The driver of a motor vehicle that is in motion may not use a handheld telephone; instead, may only use his/her hands to initiate or terminate a wireless telephone call or to turn the handheld telephone on or off.  The hands free technology is allowable, i.e., Bluetooth, etc.  These prohibitions do not apply to the emergency use of a handheld telephone, including calls to a 9-1-1 system, hospital, ambulance service provider, fire department, law enforcement agency, or first- aid squad.

The offense is enforceable as a secondary action only. For a first offense, the violator is subject to a maximum fine of $40 and points may not be assessed against the driver’s license unless the offense contributes to an accident. The court is authorized to waive the fine for a first-time conviction if the person proves that he/she has acquired a hands-free accessory, attachment, add-on, or built-in feature for the handheld telephone that will allow the person to operate a motor vehicle in compliance with the bill’s provisions. For a second or subsequent offense, the fine is $100.  I voted for this bill.

Insurance
House Bill 825 – Vehicle Laws – Required Security – Minimum Amounts passed both the House and Senate.   This bill increases the minimum security required on a motor vehicle liability insurance policy for bodily injury or death of a single individual from $20,000 to $30,000, and for more than one individual from $40,000 to $60,000. The bill takes effect January 1, 2011, and applies to all vehicle liability insurance policies issued, delivered, or renewed in the State on or after that date.  The Governor said that he will sign the bill into law.  I voted against this bill in the Appropriations Committee and on the House floor because to increase your car insurance payments when families are struggling is the wrong thing to do.  I feel that many motorists may decide to drive without insurance at all.

Sex Offender Legislation
In my legislative wrap-ups dated March 19, 2010 I outlined six bills dealing with sexual predators.  Below is an update synopsis of those bills:

• House Bill 254 – Jessica’s Law Expansion – Requires a 15 year mandatory minimum with no parole for 2nd degree sexual offense (rape of a child). This passed the House floor 136-0 and the Senate floor 44-0.
• House Bill 289 – Prohibiting good time credits for child sex offenders.  These credits would otherwise shorten time served.  This applies to first and second degree sexual offenses with children less than 16 years of age.  This passed the House floor 137-0 and the Senate floor 45-0.
• House Bill 473 – Requiring lifetime supervision for the most violent and repeat sex offenders after they have served their sentences.  This passed the House floor 137-0 and the Senate floor 45-0.
• House Bill 599 – Similar to HB 289, but applying to repeat offenders who have committed third degree sexual contact with children less than 16 years of age.  This passed the House floor 136-0.
• House Bill 931 – Add members to the Sexual Offender Advisory Board that was created in 2006 but never met. This passed the House floor 137-0 and the Senate 46-0.
• House Bill 936 – Includes additional crimes for which offenders must register for the sex offender registry list and includes provisions for homeless people who currently list no fixed address.  This sets up tiers of offenses that would standardize the way they are supervised in the community and described in the registry. This passed the House floor 138-0 and Senate floor 45-1, but went to Conference Committee to work out the differences.
• House Bill 1046 – Provides for use of RAP sheets for use by judges in pretrial release determination.  This passed the House floor 136-0 and the Senate floor 46-0.

House Bills that I sponsored
House Bill 973 – Public Schools – Maryland Youth Crisis Hotline – Distribution of Information
This bill requires each local board of education to provide each student in grades 6 through 12 with the telephone number of the Maryland Youth Crisis Hotline by: (1) printing the number prominently in the school handbook; and (2) printing the telephone number on a student’s school identification card, if provided. A local board of education is not required to reprint or reissue school handbooks or student school identification cards in use on July 1, 2010, in order to comply with the bill.  This bill passed both House and Senate and now awaits the Governor’s signature.

House Bill 1273 – State Government – Employees – Suicide Awareness and Prevention Program
This bill specifies that the Department of Budget and Management (DBM) must declare one week each year to be Suicide Awareness and Prevention Week. During this week DBM must electronically transmit information to the head of each principal unit related to the following topics: (1) the warning signs of suicide; (2) methods to respond to threats of suicide; (3) available resources for those who suffer from depression and other mental health conditions; and (4) contact information for and a description of the Maryland Crisis Hotline. Each agency head must forward the information to State employees in the principal unit. This passed the House and Senate but did not crossover in time before session ended at midnight.

House Bill 1496 – Baltimore County – Alcoholic Beverages – Tasting Licenses – Fees
This bill authorizes the Baltimore County Board of License Commissioners to issue a Class BWT beer and light wine tasting or a Class BWLT beer, wine, and liquor tasting license for a 104-day period which may be used consecutively or nonconsecutively. The annual fee is $400. This bill passed both the House and Senate and now awaits the Governor’s signature.

Delegates Aumann and Frank Scholarships
You may have heard that there was a lively debate on the House and Senate floors to either eliminate the delegate/senatorial scholarship or to transfer the $11.5 million to the Maryland Higher Education Commission.  After much debate the House and Senate decided to keep the funds in the delegate/senatorial scholarship programs.  We will continue to offer this scholarship to students who reside in the 42nd district and who will be attending a college, university or private career school in Maryland.  The only exception is for students in the 42nd District who qualify for a “unique major” from the Maryland Higher Education Commission. The awardees are notified in May. If you would like to apply please contact my office either by email (
Susan.Aumann@house.state.md.us) or telephone (410-841-3258).

Visits to Annapolis
During the 2010 session Towson High School’s Law and Policy Class and residents from District 42 visited the General Assembly.  If you or your group would like to visit our state government in action please contact our office and we can set up a tour of the State House and our government buildings.

Again, I want to thank you for the privilege of allowing me to represent you.  The experience has been rewarding and humbling and I look forward to serving you in the interim.  During the session I send, via email, a weekly update to keep you informed of pending legislation and highlights of the week’s General Assembly’s agenda.  If you would like to be included in next year’s legislative updates, please call my office at 410-841-3258 or send me an email at
susan.aumann@house.state.md.us.

Kindest regards.

Very truly yours,
Susan L.M. Aumann

Delegate Susan L.M. Aumann
District 42 – Baltimore County
303 Lowe House Office Building
Annapolis, MD  21401
410-841-3258; FAX 410-841-3163

susan.aumann@house.state.md.us

Attached is an article from the Baltimore Business Journal regarding my suggestions on the capital budget. You may remember that I mentioned these proposals in my newsletter sent on March 19, 2010. (click to view)

Very truly yours,
Delegate Susan L.M. Aumann
District 42 – Baltimore County
303 Lowe House Office Building
Annapolis, MD 21401
410-841-3258; FAX 410-841-3163
susan.aumann@house.state.md.us

SB107 Unemployment Insurance-Tax Deferment, Trust Fund Solvency and Cost-Neutral Modernization Act was heavily discussed in the House Chamber on Monday evening. Last year the General Assembly voted to expand unemployment benefits to part time workers.  The Federal Government will provide $126 million dollars for the Unemployment Insurance fund in exchange for Maryland expanding their eligibility requirements again.  Senate Bill 107 expands eligibility to people in worker training programs and makes other changes that increase liability in the fund. That means that Maryland will receive only six weeks of help (we are currently paying out $80 million a month) but in the long run it will cost all business owners more.  Currently the State of Maryland has a deficit in their unemployment benefits which are paid by the businesses for the unemployment insurance. After the stimulus money runs out, it is expected that businesses will have to pay up to $92 million a month to sustain the expected demand.  How many businesses will have to close or reduce the amount of employees they employ?

Early in the session I received a letter from an employer in the Towson area who was gravely concerned because the unemployment insurance assessment for her 50 person business was increasing from approximately $800 every two weeks to $3800. She was wondering how she was going to stay in business in Maryland.  Please take a look at these amendments 663224/1, 413522/1, 753222/1 to address repealing the increase to the unemployment insurance taken up last session. I supported the amendments and voted against the bill.

HB 825 Vehicle Laws-Required Security- Minimum Amounts

This bill increases the minimum liability insurance limits for private passenger’s automobile insurance for bodily injury liability from $20,000 per person and $40,000 per accident to $30,000 per person and $60,000 per accident. This would give Maryland some of the highest liability coverage requirements in the country. It could prove to be very costly to taxpayers in a time when lawmakers are reluctant to increases taxes, but would increase the premium. The Maryland Insurance Administration has recommended an unfavorable decision due to the extra expense and the possibility that the effect may have the unintended consequence of causing people to drive uninsured.  Maryland Automobile Insurance Fund (MAIF) indicated that 98.6% of MAIF’s private passenger policyholders would be forced to pay for the increased limits coverage proposed in this bill. The increase in premiums that would accompany the higher required security coverage’s would certainly result in a greater number of uninsured motorists, as some drivers would simply elect not to pay the higher associated costs. MAIF recommended an unfavorable report. I voted against this bill for the reasons above.

HB 712/SB 627 – Public Health – Medical Marijuana

Last week the Senate Judicial Proceedings Committee discussed this bill.  It would require the Department of Health and Mental Hygiene (DHMH) to find registered growers to grow marijuana legally.  The DHMH would also establish a specified registration program to authorize certain places to distribute medical marijuana for medical purposes.  This would allow people with chronic diseases to obtain the medical marijuana legally to ease the chronic debilitating pain associated with their illness.  This particular bill is the first one supported by the State Police.  I believe that this bill addresses the restrictions for growing marijuana and its use, so I am a co-sponsor of this bill.

HB 348 – Public Institutions of Higher Education – New Design and Substantial Exterior Modification – Notice and Consultation

This bill will directly affect our district so I wanted to inform you that HB 348 passed the House floor today with a vote of 140-0.  This bill requires a public institution of higher education to make reasonable efforts to notify and consult with communities within three miles of a proposed construction site.  The public institution must make reasonable efforts to meet with local civic associations, government agencies, and other interested parties regarding the project design and methods to minimize adverse effects on these communities that include noise, traffic, pollution, loss of open space and other detriments.

State Highway Updates

SHA and the contractor are currently on schedule to close the shared-use ramp from the roundabout at Charles Street (MD 139) and Bellona Avenue Extended to westbound I-695 (Baltimore Beltway Outer Loop) on or about the week of April 4 as part of SHA’s $38 million project to replace the Charles Street bridge over I-695 and rehabilitate the I-695 bridge over the Baltimore Light Rail tracks. The two-way section of the ramp will remain open for access to all medical and business offices located along Bellona Avenue Extended.  Once this ramp is closed, all motorists traveling from Lutherville to westbound I-695 will be directed to take Bellona Avenue and Seminary Avenue (MD 131) to southbound York Road (MD 45) and enter I-695 from the York Road interchange.  As an alternative, motorists in Lutherville may also take westbound Seminary Avenue to southbound Falls Road (MD 25) to reach westbound I-695.  All motorists traveling from the west Towson area on northbound Charles Street to westbound I-695 must stay right along northbound Charles Street past the bridge and use the existing right-turn loop ramp to gain entrance to westbound I-695

Attached is a black and white version of the ramp detour map.  (click to download)

A color version of the map is also posted on SHA’s website, www.roads.maryland.gov, under: Projects and Studies/Baltimore County/I-695, Baltimore Beltway REV-INTERCHANGE AT CHARLES STREET (MD 139) PHASE 1/Maps

We are heading into the last two weeks of session and the focus of the Appropriations Committee is reconciling the budget bill that the Senate passed over (SB 140 and SB 141).  I am concentrating on ways to keep our AAA bonding and eliminating any programs that will not have an adverse affect on our citizens.  I value your input and continue to keep me informed of your views.

Sincerely,
Delegate Susan L.M. Aumann
District 42 – Baltimore County
303 Lowe House Office Building
Annapolis, MD  21401
410-841-3258; FAX 410-841-3163
susan.aumann@house.state.md.us

We held bond bill hearings all day Saturday and Monday. Sessions are becoming longer and longer as we start to refine the budget process.

Sex Offender Legislation

A 30 year old registered sex-offender was arrested in the death of 11 year old Sarah Foxwell of the Eastern Shore. This tragedy highlighted the need for more stringent sex offender laws. On Tuesday, six bills dealing with sexual predators came to the House floor dealing with the following matters:

• HB 289 – Prohibiting good time credits for child sex offenders. These credits would otherwise shorten time served. This applies to first and second degree sexual offenses with children less than 16 years of age.
• HB 473 – Requiring lifetime supervision for the most violent and repeat sex offenders after they have served their sentences.
• HB 599 – Similar to HB 289, but applying to repeat offenders who have committed third degree sexual contact with children less than 16 years of age.
• HB 931 – Add members to the Sexual Offender Advisory Board that was created in 2006 but never met.
• HB 936 – Includes additional crimes for which offenders must register for the sex offender registry list and includes provisions for homeless people who currently list no fixed address. This sets up tiers of offenses that would standardize the way they are supervised in the community and described in the registry.
• HB 1046 – Provides for use of RAP sheets for use by judges in pretrial release determination.

It was noted in floor debate that if the Administration chooses not to enforce these laws as has happened with previously passed legislation that required assessments as to the threat the offender poses to the community and the functioning of the Sexual Offender Advisory Board, it would not matter how many laws are passed. Amendments were offered and rejected in floor debate on Wednesday which would strengthen these laws even more. The safety of our children should be our top priority.

HB 92 – Labor and Employment – Job Creation and Recovery Tax Credit.

This week we heard on the floor HB 92 Labor and Employment-Job Creation and Recovery Tax Credit. It is a good bill that allows a tax credit to employers who hire new employees are able to receive a $5000.00 per employee hired tax credit. The tax credit cap is limited to $20,000.000. Delegate McDonough offered an amendment that would require that any new hires be evaluated through E-Verify to ensure the new hires are citizens of the state before the tax credit is granted. The E-Verify program is an attempt to combat the prevalence of document and identity fraud in the employment verification process by providing a voluntary means for employers to verify employee status electronically against federal Social Security and immigration databases. We talked about this issue in our weekly caucus and felt this was the right thing to do. The amendment number is 803729/2.

Delegate O’Donnell offered amendment number 643221/1 that would direct the tax credits to small businesses who employ fewer than 50 employees. Ten million dollars would go to minority businesses, and the other ten million would go to small businesses. I supported both of these amendments because they would help small businesses and ensure that those hiring are hiring legal citizens of the state.

HB 192 – Motor Vehicles – Reading Text Message While Driving – Prohibition

This bill extends the current ban on writing or sending text messages while driving to also include a ban on reading text messages while driving. I voted for HB 192 and it passed the House floor with a vote of 135-2. It now moves to the Senate Judiciary Proceedings Committee for consideration.

HB 973 – Public Schools – Maryland Youth Crisis Hotline – Distribution of Information

This week I presented HB 973 to the Ways and Means Committee. This bill will require each Board of Education to provide students in grades 6 through 12th the phone number of the Maryland Youth Crisis Hotline and to hold assemblies that inform students of the purpose of the hotline and how to contact the hotline.

The State Superintendent of Schools has encouraged some of the school systems to include the crisis prevention number and safety related contact numbers on the back of the student ID cards to high school students. It would expand the program to all public middle and high school students. The Federal Center for Disease Control and Prevention reported that suicide is the third leading cause of death for youth between the ages of 10 and 24.

Maryland’s middle and high school students are dealing with great pressures socially, financially and academically. In providing information and the opportunity for outreach when someone is suffering and in crisis may prevent a death. Having to provide an easily accessible phone number for the Maryland youth crisis hotline and instructing school administrators in ways to help resolve and direct the youth to potentially lifesaving information is invaluable. The bill was very well received.

Capital Budget

Each year the State issues General Obligations bonds to support road projects, the building of state buildings, prisons, schools and other items such as land purchases. The Governor proposed in his budget that the state issue $1.14 billion worth of new debt. I am concerned that the debt service costs paid for by a portion of the property taxes will exceed the funding stream and start to rely on the General Fund to pay for the obligations. The State has reached the Debt limit which is calculated to be no more than 8% of the State revenues due to declining in taxes received. I have proposed a moderate reduction in some of the capital projects to retain the original recommendation of issuing $990 million. This would require reducing and postponing $211.2 million worth of projects until our economic climate improves. The debt service (principle and interest) is paid by a portion of our property taxes. If the revenue stream is not adequate to cover this expense than General Funds will be used. We know that the State’s deficit is over two billion dollars now and if we don’t rein in our spending more taxations will be placed on our citizens. This proposal was presented to Speaker Busch, President Miller, Chairman Conway and Budget Secretary Foster for consideration. If you would like to receive a copy please call my office at 410-841-3258 or email me at susan.aumann@house.state.md.us.

Ladies in Leadership

Each year the Ladies in Leadership have a dinner with Governor Marvin Mandel and Governor Robert Ehrlich in Annapolis and this year was no exception. We had a lovely conversation and dinner at Paul’s Homewood Café while we celebrated Governor Mandel 90th birthday. I hope he writes his book and memoirs because he has had a fascinating career. Every time we have this dinner we learn how challenging being governor has been and ways to be more effective as legislators. The more we learn the more we can share that knowledge with others. It was wonderful to have time with these two fascinating leaders in Maryland history.

Boy Scouts of America

The Boy Scout councils throughout Maryland recently participated in the 100th Anniversary Boy Scout Report to the State. I was honored to help coordinate the annual event. The Report was presented to Speaker Busch, President Mike Miller. The written report was submitted by each council outlining what scouting means to them. The event was well attended.

Very truly yours,

Susan L.M. Aumann
District 42, Baltimore County
410-841-3258
Susan.Aumann@house.state.md.us

A new General Assembly analysis of Baltimore’s transportation spending has reopened a debate over state aid to the city – and is leading some lawmakers to consider multimillion-dollar cuts.

The city receives more state funding than any county, and nowhere is that discrepancy more apparent than in the distribution of gas tax and titling fee revenues. Baltimore is to receive $130 million from that fund in the next fiscal year; the state’s 23 counties will split the remaining $10 million. – Read the entire story from the Baltimore Sun.

The following subjects were discussed during this past week.

Jury Trials in Civil Actions
The Senate passed SB 118, which prohibits a party in a civil action from requesting a jury trial if the amount in controversy does not exceed $20,000, instead of the current $10,000.  The bill is contingent on the voters’ adoption of a constitutional amendment (SB 119, also passed by the Senate) that increases, from over $10,000 to over $20,000, the amount in controversy in civil proceeding in which the right to trial by jury may be limited by legislation.  Identical bills, HB 436 – Courts – Jury Trials in Civil Actions – Amount in Controversy and HB 434, – Civil Jury Trials – Amount in Controversy
respectively, had a hearing in the House this week.

Injured Workers’ Insurance Fund (IWIF)
Senate and House committees took testimony both for and against changing the status of IWIF from that of a State agency to a not-for-profit mutual insurer.  Under SB 507 -Injured Workers’ Insurance Fund – Status and Renaming and HB 1008, the new company retains its public purpose as the insurer of last resort and must continue to guarantee the availability of workers’ compensation insurance in the State.  One of the questions raised at the hearings concerned the long-term status of IWIF’s current State employees.  Also of concern is the new company’s retention of IWIF’s existing exemption from the 2% tax on premiums that other private insurers are required to pay.  There is a tentative agreement between the Governor’s office and IWIF that would allow more autonomy to the agency for a transfer of $20 million from their reserve account to the State’s General Fund.

Health Care and Health Insurance – Bisphenol-A
I voted in favor of House Bill 33 – Child Care Articles Containing Bisphenol-A – Prohibition that prohibits the sale, manufacture and distribution of children’s products that contain bisphenol-A (BPA), a harmful compound found in some plastics.  The bill also requires manufacturers to use materials that are the least toxic alternative available on the market.  According to the Centers for Disease Control and Prevention (CDC), BPA can leach from reusable food and water containers and baby bottles.  While the U. S. food and Drug Administration used to assert that BPA packaging was safe, more recently the Federal Drug Administration (FDA) has cited concerns that it may have an effect on the brain, behavior, and prostate gland of fetuses, infants, and young children.  It is important to protect the health of babies and children, especially when they are in the developmental stages.  While many manufacturers have voluntarily stopped producing items with BPA, I think that this legislation sends a strong message and is an important public safety measure for Maryland ’s children.

The Senate approved SB 213, which prohibits the use of the chemical bisphenol-A (BPA), in certain children’s products.  The amended Senate bill conforms to the crossfiled bill, HB 33, which passed in the House last week.  Amendments prohibit certain BPA levels from being in children’s cups intended for food or liquid for children under four (4) years of age and require the term “child care article” to be defined by federal law, should a federal law concerning the prohibition of BPA in children’s products be enacted.  The amendments also provide that a person may not manufacture the child care products specified in the bill after January 10, 2012.  The original bill specified the date as January 10, 2011.

Transportation – Criminally Negligent Driving
House Bill 388 -Criminal Law – Manslaughter by Vehicle or Vessel – Criminal Negligence makes it a misdemeanor to cause the death of a person by driving a vehicle or a vessel in a criminally negligent manner.  It authorizes a maximum jail term of three years and a maximum fine of $5,000, or both, for a violator.  Similar bills have been introduced in the House for the past three years and in the Senate in 2006.  The bill fills a gap in current law, which does not contain a separate offense for criminally negligent manslaughter by vehicle or vessel, but does not address driving a vehicle in a grossly negligent manner.  The bill was heard by a House committee this week.  The companion bill is SB 870, scheduled to be heard in March.

Speaker’s Medallion Award
On March 3, 2010 former Congresswoman Helen Bentley received the prestigious Speaker’s Medallion Award.  This award is presented to a Maryland citizen who has made outstanding contributions to the State.  Helen Bentley was honored at the annual Speaker’s Society Dinner as well as on the House floor.  I am attaching a copy of the picture that was taken after the award ceremony.  The State of Maryland is extremely grateful for Helen’s contributions and I feel honored to call her my friend and mentor.

I appreciate your comments and input so please continue to keep me informed of your views.

Kindest regards.

Very truly yours,
Delegate Susan L.M. Aumann
District 42 – Baltimore County
303 Lowe House Office Building
Annapolis, MD   21401
410-841-3258; FAX 410-841-3163
susan.aumann@house.state.md.us

Check out the February 26, 2010 article from the Gazette.net

Click Here to view

Click Here

Dear Friends,

The following relates to the February 19th meeting about Articulated Instruction Module (AIM).

The House and Senate members of the Baltimore County Delegation met on February 19^th to discuss the AIM Program with Superintendent Joseph Hairston regarding the highly contested grading system.  This issue has raised a number of questions over the past few weeks and because of this, the Superintendent stated he would discontinue the mandatory implementation of the reporting component of this program. Upon further pressing, Dr. Hairston said the data collection aspect of the program has been suspended, then followed up by saying AIM’s reporting component would not be implemented.  This was seen as good news.

The issues noted were in regard to the amount of time our teachers would spend recording the student’s mastering of more than 100 specific skills collected on a per student basis and then recorded in a twelve page report.  It was indicated this process would take one and one half hours of input per student. The AIM program would have educators set classroom instruction aside to complete the data input.  Many see this process as duplicative in light of what has been required by the No Child Left Behind Act.

Many questions were posed to the Superintendent about the development and copyright issues surrounding the creation of this program.  The Assistant to Dr. Hairston, Dr. Barbara Dezmon, has renewed her copyright six times, the latest in 2006 for the AIM Program.  This creates a questionable ethics issue.

I have joined in with other delegates in crafting a letter to the State’s Attorney’s office asking for an investigation.  If you would like a copy of the letter please let us know.

As I stated in the hearing: “This program has caused a lot of harm and I hope that there will not be any retaliation to those teachers and staff that were not supportive of this program. Teachers need more time to teach and less time on data collection and I hope this never happens again.”

The University of Maryland, Baltimore Audit

The University of Maryland, Baltimore had quite an audit that came out late last week.  It revealed that a senior management employee, Dean Karen Rothenberg of the Law school, received inappropriate payments totaling $410,000.  These payments breakdown into two categories: $350,000 in FY 2007; $60,000 over FY 2007-FY2009.  The $350,000 was characterized as compensation for a sabbatical that she had earned but did not take.   In her initial appointment letter she could take a sabbatical after 5 years of service as Dean at full salary. The Chancellor’s response included in his testimony indicated: “Due to work commitments, Dean Rothenberg felt she was not in a position to exercise this option.  In order to keep her on a Dean of the Law School, President David Ramsay opted to provide her with this $350,000 as payment for the unused sabbatical.”

Poor judgment and the disregard of USM policies caused swift action on the part of the Regents and the Chancellor to insist that Dr. Ramsay step down by March 1, 2010.  The interim president will be the Medical School Dean Albert Reece until July when President Jay Perman will take over.  A letter was sent to Karen Rothenberg indicating that the $60,000 in additional summer compensation she received be returned due to the lack of written documentation from her supervisor, President Ramsay, authorizing the payments.  The investigation has been turned over to the Office of the Attorney General.

Chancellor Kirwan needs to address the policy governing the payments for summer research which in this audit equaled $1.1 million dollars. The auditors tested 36 compensation payments made to employees during FY 07 to 09 totaling $877,000 which was not disclosed or supported in UMB annual budget submission. The Chancellor is compensated by our tax dollars and for these types of issues to occur and not be addressed in a formal and timely matter is something he should be ultimately held responsible for. The lack of internal controls needs to be addressed so receipts and disbursements are properly accounted for.  For the Audit Report of University System of Maryland, University of Maryland, Baltimore February 2010 see link: http://www.ola.state.md.us/Reports/Fiscal%20Compliance/UMB10.pdf.

I hope I never see another audit like this with disregard of our tax dollars in educating our students.

Sex Offender Laws

The growing problem of Maryland’s treatment of sexual offenders can be illustrated by the case of 11 year old Sarah Foxwell, who was abducted by a registered sex offender.  She was taken by a sex offender who was recently arrested for breaking into a woman’s bedroom – the man who abducted her had previous convictions that included molesting a 12 year old girl and raping a 16 year old, but was released the same day he was arrested on a $10,000 bond.  That very same day he was released on bond, he abducted Sarah from her Salisbury home.  Governor O’Malley and many members of the Maryland General Assembly have proposed bills to respond to this problem to try to help keep children like Sarah Foxwell safe.  The Governor has proposed an initiative that would put serious sex offenders under mandatory lifetime supervision after they were released from jail, including the possible use of GPS monitoring.  The Governor’s office makes the case that, with this law in place this offender would not have been able to abduct Sarah because the arrest would have been in violation of his probation.  There is proof from other states that lifetime supervision helps prevent the repeat of a sexual offense.  Other bills that were introduced to the Judiciary Committee institute the practice of making sex offenders stay in jail longer by reducing the amount of diminution credits they can amass, these credits allow prisoners to get out of jail earlier.  Right now a sex offender can get out of jail in 19 years on a 25 year sentence through the amassment of diminution credits.  The diminution credits should be excluded for all those convicted of a sex offense, to keep children safer from predators.

Kindest Regards.

Very truly yours,

Susan L.M. Aumann

District 42, Baltimore County

410-841-3258