Friends of Nancy King

2013 End of Session Letter

Thu, 11 Apr 2013 15:27:49 -0400

Dear Friends and Neighbors,

I would like to share with you news about the issues and initiatives in which I have been involved during the 2013 General Assembly’s Legislative Session. I am sending this end of session letter electronically to all of you who have e-mailed me this year in an effort to keep the state’s postage costs down. If those of you receiving this by regular mail would like to receive electronic updates, please email me at nancy.king@senate.state.md.us and I will be happy to add you to the list.

I would also like to thank you for contacting my office with your thoughts and concerns about the budget and bills that were introduced. I appreciate that so many residents of District 39 contacted me, as it is your thoughts on legislative issues that guide my decisions. Given the volume of interest by our residents, I have not yet been able to reply to all the emails, but I will be responding to those whose issues are not addressed in this letter.

The Budget

As a member of the Budget and Taxation Committee, my colleagues and I pushed for a balanced approach to the budget and passed a budget that protects essential services, virtually eliminates the structural deficit and maintains Maryland’s AAA bond rating. Wherever we could find areas in budget to reduce spending, we did, and as a result, we cut $500 million from the budget that was proposed by Governor O’Malley. The $36.9 billion budget for FY2014 protects the priorities of our state and its residents and contains important capital investments for projects across the state:

Public Education. K-12 education represents 40% of our operating budget, and we have again fully funded our commitment to our children to provide opportunities for all students to succeed. Our schools have been ranked #1 in the nation for five years in a row, and it is critical that we protect the state’s investment in our classrooms. Public school construction continues to be a priority for our state. This year alone, we invested over $325 million in funding for school construction. In addition, the budget includes $25 million for school safety. These measures include funding for security cameras, photo identification systems for visitors, and stronger locks and glass barriers.
Building Infrasturcture and Creating Jobs. This year’s capital budget includes over $1 billion for road repairs, library and hospital construction, school construction, and other projects that improve our quality of life and create jobs in the state’s construction industry. This bill will support the creation and retention of over 44,000 jobs.
Protecting healthcare for low-income Marylanders – Our budget investments will make sure that all Marylanders who need access to health care can achieve it. This year’s budget will help over 1.1 million Marylanders gain health insurance through Medicaid and other programs. In addition, the budget included additional funding for the health benefit exchange in the Affordable Care Act to ensure that Maryland continues to lead the nation in preparing for health care reform. In Montgomery County, this will allow an estimated 55,000 Montgomery County residents to enroll in federally-subsidized health plans offered through the Exchange.

In addition to these investments, we set aside $800 million in the State’s Rainy Day Fund and left an additional $300 million general fund balance – for a total of over $1 billion in reserve to make certain that Maryland will be able to mitigate the effects of the Federal Sequester and other federal budget inactions.

As I mentioned earlier, I received well over a thousand emails this session on a variety of issues. Following are just some of the legislative initiatives that I was contacted about and co-sponsored and/or voted for this session:

Investing in the future of transportation

Cracking and disintegrating roads and extensive traffic congestion has led the Maryland/DC area to the dubious distinction of having the worst traffic in the nation. Montgomery County in particular is in desperate need of road repair and construction, as well as major enhancements in public transportation. The legislature passed a major revenue enhancement package which is structured to ensure sustainable revenue streams to support transportation projects for years to come. I know an increase in the price of gasoline will be difficult for all of us, but we can’t ignore the transportation problem forever. This tax increase on gasoline is structured to increase slowly over the next three years, and is the first time the gas tax has been raised in over two decades.

In addition, the General Assembly passed a Constitutional Amendment to make sure that a lockbox exists around the Transportation Trust Fund to ensure that transportation funds stay in the Transportation Trust Fund. Transfers can only occur when the Governor declares a state of emergency and 3/5’s of the House and Senate concur. This Constitutional Amendment will need to be ratified by the voters in November 2014.

Firearm Safety Act of 2013

Members of the legislature and the Governor worked together this session to address gun violence to keep dangerous guns off our streets and out of the hands of those who would use them to harm innocent people. The bill that passed bans high-capacity magazines and military-style assault weapons, requires licensing and fingerprints for future handgun purchases, and bans violent criminals from purchasing guns. In addition, the bill tightens regulations and gives the Maryland State Police the tools that they will need to stop illegal gun purchases.

Additionally, the legislation will make sure that those with mental illnesses who may be dangerous to themselves or others cannot access guns. The bill also helps to improve mental-health services in Maryland and provides information sharing between the state and federal government to make certain that our background checks are getting the State Police the necessary information regarding mental health.

All of the provisions of this bill are prospective. Citizens who currently own a gun are not subject to the licensing requirements unless they purchase a new gun after October 1, 2013 when the law goes into effect. This bill protects the rights of citizens who want to legally purchase a firearm, while making illegal purchases much more difficult in our state. I appreciate the many phone calls and emails that I received from constituents on both sides of this issue.

Ending the Death Penalty
This session, Maryland became the eighteenth state in the nation to abolish the death penalty. The death penalty, which has not been used in Maryland since 2005, was abolished over concerns of its effectiveness and its fairness. This will be the first time Maryland does not have the death penalty on its books since the early 1970s.

Making our Roads Safer

Over the past couple of years, we have taken steps to ban certain forms of distracted driving including the use of a cell phone. The law on hand held cell phone usage is currently a secondary offense, meaning a police officer cannot pull someone over for using their cell phone unless the driving is also committing some other violation. This year, we passed legislation to make using a cell phone while driving a primary offense allowing officers to pull over and ticket drivers who are breaking this law. Hopefully this law will make people think twice before engaging in distracted driving.

Also to keep our roads safer, all drivers should be kept to the same standards – they should all pass a driver’s test and be licensed. In turn, licensing should not be barred from Maryland residents – regardless of documentation. The General Assembly passed legislation to make this the case and ensure that everybody who wants to drive, and can meet the standards, has the ability to do so. Following this path will guarantee safer roads for all Marylanders.

Protecting Pets

This session, the General Assembly once again faced the contentious issues of how to deal with the Court of Appeals ruling in Tracey v. Solesky on inherently dangerous dog breeds. While the General Assembly agreed on most of the bill, the two chambers differed on the burden of proof needed to show that a dog is not inherently dangerous. Working together, the House and Senate came to an agreement to protect young children and keep dog owners responsible for their dog’s behavior without causing people to feel a need to give up ownership of their pets. Unfortunately, while a compromise was met and the Senate voted unanimously to support the bill, changes that were made were met unfavorably in the House and they failed to act on this legislation. For the future, Maryland laws remain as the court decided them under Tracey v. Solesky.

I do not sit on the Committee that reports on this issue, but I will speak with my colleagues on the committee over the interim to urge them to resolve this issue early in the next session. As a dog owner, I can’t imagine the heartache of having to choose between your pet and your home. This is the issue that I received the most emails and phone calls about this session and I agree that it needs to be resolved.

The issue that I received the second most constituent feedback on was the Spay/Neuter Fund. A task force created by the General Assembly and appointed by Gov. Martin O’Malley to study animal euthanasia found there is an unnecessary loss of animal life in Maryland due to shelter overpopulation and that dogs and cats are being euthanized each year at an estimated cost of $8 to $9 million taxpayer dollars ($175-$200 per animal). The task force also found that increasing spay/neuter services would reduce or eliminate the overpopulation and euthanasia rate in Maryland’s overwhelmed shelters.

The Spay/Neuter fund will receive its revenues from an increased tax to pet food manufacturers and will provide grants for community spay/neuter programs and vouchers for Maryland residents who otherwise could not afford spay/neuter services. These efforts will reduce animal shelter overpopulation and euthanasia rates. I am happy to report that this legislation has passed and will be signed into law.

Bills that I sponsored in this 2013 Session which have been passed by the Legislature and are headed to Governor O’Malley for his signature:

SB413 & SB415 – Criminal History Records Checks – Senate Bill 413 requires informal providers who are receiving Federal or State Child Care Subsidy funding and any adult residing in the home to be fingerprinted for state and federal criminal background checks and Senate Bill 415 will require a cross-check between the sex offender registry and the child care database. These bills will ensure that children are in safe settings and align the requirements with those currently in place for licensed care facilities.

SB414 – Tuition Reimbursement for Foster Care Children - In 2000 the legislature established the tuition waiver program for children in foster care. Eligible children receive a tuition waiver at Maryland State Community Colleges and Universities. SB414 makes changes to the way the tuition waiver is applied and extends the program to students pursuing vocational certificates. Maryland’s foster youth face many hurdles in their young lives. This bill will do a small part in assisting them to overcome a few of those hurdles and help them to build successful adult lives.

SB 632 – Traumatic Brain Injury Trust Fund – More than 40,000 Maryland residents sustain traumatic brain injury (TBI) each year. Brain injuries result in a broad spectrum of symptoms and disabilities that require services from a host of providers. Navigating these services at a time when a patient is most vulnerable is nearly impossible for the patient and is extremely difficult for family members. Senate Bill 632 establishes a Brain Injury Trust Fund to assist TBI patients with case management services and neuropsychological evaluations along with many other necessary services. The funds expended to help individuals under this fund are supplemental and will not take the place of funding that would otherwise be appropriated for those services. Additionally, to be eligible for the fund, the patient must:

be a resident of the State at the time of the injury
have a brain injury that has been documented in the individual’s medical records
have income at or below 300% of the poverty level, and
have exhausted all other health, rehabilitation and disability funding sources that cover services provided by the fund.

Twenty two other states have established this type of trust fund, and I am so pleased our state is now on the path to helping citizens through the Maryland Traumatic Brain Injury Trust Fund.

SB 730 – Low Income Housing Projects Recordation and Transfer Tax – Protecting and preserving affordable housing in Maryland has been a priority of mine for the eleven years I have been in the legislature. Senate Bill 730 reduces the amount of recordation and transfer taxes that must be paid when the controlling interest of a Low Income Housing Tax Credit Program property is transferred. This will allow nonprofits and others to continue to operate the properties as much needed affordable housing units.

SB 631 – Corporate Training Facilities - In 2010 the Maryland General Assembly passed legislation exempting corporate training facilities from state sales tax for lodging. A corporate training facility was narrowly defined as a facility that – provides lodging solely for employees, contractors, vendors and other invitees of the corporation that owns the dormitory or lodging facility; and does not offer lodging to the general public. Senate Bill 631 takes that same narrow definition and applies the tax exemption to county lodging taxes. This legislation was endorsed by the Governor, the Comptroller’s Office, the Department of Business and Economic Development (DBED) and Montgomery County Executive Ike Leggett. The Governor in his letter of support said, “…Maryland is in constant competition with our regional neighbors for jobs. Adoption of this measure will send the message that Maryland is competitive and willing to create a positive business environment.”

The Comptroller’s office letter states, “Exempting identical transactions from local hotel taxes would certainly uphold the principles of consistency and simplicity, which are essential tenets of a sound tax system.”

And DBED Secretary Domenic Murray in his letters says, “DBED strongly supports this legislation because it eliminates an unfair tax on corporate training facilities in Maryland, it encourages companies to invest and expand their business operations in Maryland, and it harmonizes the tax treatment of corporate training facilities at the State and county level.” Secretary Murray also notes that other states including Virginia do not tax corporate training facilities, and this bill will put Maryland on equal footing.

SB 779 – Biotechnology Investment Tax Credit –Since it was first funded in FY 2007, the Biotechnology Investment Tax Credit program has issued $38 million in tax credits, assisting more than 50 Maryland biotechnology companies and leveraging $80 million in private investment. Despite the success of this program, the economic downturn greatly restricted the number of investors and the amounts they were willing to invest. Consequently, many biotech companies were forced to scale back research and operations. For many, this pushed their business plan back by as much as three to five years. Along with this downturn, FDA regulations are making the time frame for bringing a product to market increasingly longer.

Senate Bill 779 allows companies to access the credit for ten years from the time they first access the biotechnology tax credit. This change supports the intent of the program to be a source of capital for new companies while recognizing the realities that biotech companies facing in bringing a new product to market. Passage of this legislation demonstrates our continued commitment to insuring Maryland’s position as a global player in the biosciences.

SB 658 – Estate and Income Tax - On January 1, 2013, after having been approved by the voters of the state in the November 2012 general election, same-sex marriage became law in Maryland. Federal law on spousal issues, however, is controlled by the federal Defense of Marriage Act (DOMA). These different definitions of marriage created the need for legislation in those instances where Maryland’s tax code is conjoined with the Internal Revenue Service.

The first area of tax law has to do with imputed spousal income for health care benefits. Under federal law, any employer subsidy provided to a same-sex marriage for dependent coverage must be added to the individual's income for income tax purposes because, under federal law, the individual does not qualify for tax benefits available to a spouse. Senate Bill 658 allows for the subtraction of the benefit amount from the spouse’s Maryland adjusted gross income.

The second change has to do with Estate Tax. Federal estate tax provisions provide an unlimited marital deduction so the value of property that passes to the surviving spouse is excluded when determining the size of the taxable estate. For Maryland estate tax purposes, Maryland law defines “estate” as the federal gross estate which again does not recognize same-sex marriages. Senate Bill 658 creates a specific modification allowing the marital deduction to be added to the Maryland statute.

Until DOMA is ruled unconstitutional or Congress takes action to repeal the act, Senate Bill 658 resolves tax issues related to the coupling of federal and state tax law and will insure that all married couples are being treated equally under state tax law.

SB1037 – Response to State Disaster or Emergency – When extreme weather or other disasters strike and a state of emergency is declared, we expect our utility and communications companies to bring in the necessary help as quickly as possible to get our infrastructure up and running. State tax policy should not slow down that process. Unfortunately, it does. Burdensome tax and filing requirements are often a deterrent to the deployment of out-of-state resources and personnel during a declared emergency. Senate Bill 1037 relieves this burden by removing the requirement for out-of-state workers to file Maryland income tax returns if they are working in the state to restore infrastructure for 60 days or less after the end of the declared state disaster or emergency. These personnel will continue to be responsible for taxes in their home state. If a disaster does strike our area, we don’t want out-of-state companies to respond to other states before ours because of our tax laws. By removing onerous tax requirements, companies can facilitate rapid response to declared disasters and restore critical services as quickly as possible. Note: SB1037 ran out of time for passage on the final day of Session, but the House Bill that was cross-filed with Ways and Means Chairwoman Shelia Hixson did get passed in time, so this common sense legislation will go into effect on June 1, 2013.

Bond Bills
Along with passing state-wide legislation, I was successful in securing $100,000 of capital funding for Residential Continuum, Inc. (RCI). RCI is a non-profit corporation that provides an opportunity for adults with Autism Spectrum Disorder to live independently. Without the help of RCI, these adults would not be able to afford to live on their own. The rents charged by RCI are well below market value, so these low rents cannot cover the cost of upgrades and repairs necessary for any aging home. Currently RCI owns fifty one homes with clients living in groups of two, three or four depending on the size of the house. The majority of the homes are between fifteen and fifty years old. Age has taken its toll on many of these homes and some need repairs to bring them up to current code. The homes to be repaired under this bill are located in District 39. Funding from Senate Bill 336 will allow RCI to make the necessary repairs in these homes and allow their tenants to continue to live independent lives.

During the interim

I can be reached during the interim at my Annapolis office number – 301-858-3686 as well as by e-mail at nancy.king@senate.state.md.us. My staff and I are available to assist constituents with problems or questions they may have involving a state or local agency. As always, I am honored to serve you here in Annapolis, and I look forward to hearing from you on any issues or concerns you may have.

Sincerely,

Senator Nancy J. King

Budget Update, WSSC and Maryland Day

Mon, 25 Mar 2013 17:12:45 -0400

FY 2014 Operating Budget

On Wednesday of last week, the Senate passed the fiscal year 2014 operating budget. The Senate version of the bill includes about $400 million in cuts to the budget proposed by the Governor. The passage of the $36.8 billion budget was a bipartisan effort and passed with the highest margin that I have seen in my years in Annapolis. This budget provides over $6 billion of support for public school systems, increases the rainy day fund balance, increases investment in higher education and expands affordable health care to more Marylanders. At the same time, we have virtually eliminated the structural deficit and prepared the state for any trickle down effects of federal spending cuts. There are some minor differences between the budget bills passed by the two chambers, but those will be addressed next week in conference committees.

Water Main Break
I received an email from WSSC this morning about the water main break that occurred in Bethesda last Monday. They gave the following update:

Repairs to the 60” water main that burst Monday night in Chevy Chase are nearing completion. Crews will be flushing the repaired line during the day, which is part of the standard decontamination process to ensure water quality, before putting the transmission main back into service.

If everything goes well, we hope to have the pipe back in service sometime this weekend, which would then allow us to lift mandatory water restrictions. Until then, it is imperative that all business and residential customers:

*Use water only as necessary – i.e., shorter showers and turn off faucets after washing hands and while brushing teeth
*Limit flushing toilets (do not flush after every use)
*Limit using washing machines and dishwashers (wash full loads only)
*Stop all outside water use – i.e., no watering lawns, shrubs, flowers; no washing cars

These mandatory water restrictions apply to all WSSC customers, residential and business, in Prince George’s and Montgomery counties. WSSC will notify customers once mandatory restrictions are no longer necessary. For additional information go to www.wsscwater.com or call the WSSC Call Center at 301.206.4002.

Maryland Day
Finally, I want to remind you that Monday, March 25^th is Maryland Day. This is the 379th anniversary of the day that settlers disembarked from two small sailing ships, The Ark and The Dove on to Maryland soil. Maryland Day became an official state holiday in 1916. To learn more about the history of Maryland Day,click here. To see a list of events being held this weekend to celebrate Maryland day in Historic Maryland City, click here.

There are two weeks left to the 2013 Maryland General Assembly. We have much work left to do, and I appreciate your input on the issues still before us.

The Budget

Mon, 11 Mar 2013 12:37:44 -0400

Maryland’s budget process, although different from other states, is relatively straightforward: the Governor proposes a budget, and the legislature may cut it. The legislature can not add funds or reallocate money within the budget. And, unlike the federal government, we are constitutionally required to pass a balanced budget each year.

The FY 2014 budget includes $325 million in spending cuts, increases the Rainy Day Fund to $921 million, and reduces the structural deficit by $318 million – putting Maryland on the verge of closing the structural deficit. The FY 2014 budget also adheres to the General Assembly’s Spending Affordability Guidelines for the seventh straight year.

The Governor’s proposed budget is the beginning of the process – not the end. For the past nine weeks, my colleagues and I on the Senate Budget and Taxation Committee have participated in over 147 budget hearings and briefings, and we have gone through the budget line-by-line to evaluate government programs and to eliminate inefficiency. Our counterparts in the House of Delegates Appropriations Committee have been going through the same process and they will be presenting their recommendations to the full House this coming week. Once it passes the House of Delegates, their recommended changes will come over to the Senate for a vote.

You can read the budget bill by clicking here. To see an analysis of agency budgets done by the non-partisan Department of Legislative Services, click here. And to find information on the budget process, scheduling and publications, click here.

Working together, we will continue to balance the state’s books while protecting government services that are critical to our quality of life. If you have suggestions on ways we can reduce spending, or on programs that are important to you, please contact me.

Transportation

Mon, 04 Mar 2013 13:03:23 -0500

One thing I think we can all agree on is that traffic in our area is getting worse. Trying to get around Montgomery County on a weekday morning or afternoon is challenging at best, and it’s not just Montgomery County. Traveling throughout the state on routes 95, 295, 50, 495, 695 and others is becoming increasingly frustrating and has given the Maryland/DC area the dubious distinction of the worst traffic in the country. Something has to be done about Maryland’s transportation problems and based on the results of my legislative survey, a large majority of you agree and are willing to help with the solutions.

Senate President Miller has proposed legislation, which was heard in my committee last week that will add a 3% sales tax on the wholesale price of gasoline as well as a five cent per gallon tax increase – some of which would go to county projects. His legislation would also create two regional transit authorities to oversee the funding and construction of mass transit projects like the proposed Purple Line, Red Line and CCT projects. Senator Miller has said from the beginning of session that his bill is “a menu of options” and that it is intended to start the discussion.

On Tuesday of this week, House Speaker Busch announced that he was in “serious discussion” with Governor O’Malley on a plan to raise as much as $600 million annually for roads and transit projects. The details of his plan have not yet been released.

There are going to be many transportation funding options placed before us in this second half of the 2013 legislative session. I will be looking at all the options and their effects on the citizens of Maryland. There is one initiative though that I am in complete support and that is Senate Bill 829 which will protect the Transportation Trust Fund (TTF). This bill will ensure that revenue dedicated to the TTF is continually protected and cannot be reallocated for other purposes, unless the Governor declares a fiscal emergency and is supported by a three-fifths vote of both the Senate and House. If we do end up asking the citizens of Maryland to invest more in transportation, we need to guarantee those funds will be used for their intended purpose.

Stay tuned. There is a lot more to come on the transportation issue.

Women's Suffrage Celebration

Mon, 25 Feb 2013 12:31:47 -0500

Joint sessions of the Maryland Senate and House of Delegates usually occur once a year to listen to the Governor’s State of the State Address. It is a rare occasion that the two chambers gather in celebration. Friday was one of those occasions.

One hundred years ago, on February 12, 1913 a group of women left the Hudson Terminal in New York City on foot, to march to Washington, DC in support of a woman’s right to vote. These women marched through five states, made countless speeches and garnered the support of more and more women on their way.

On February 28^th after seventeen days of hiking over approximately 250 miles of muddy roads and encountering everything from snowstorms to hecklers, this army of women triumphantly strolled into Washington, DC. On March 3, 1913 twenty seven year old attorney, Inez Milholland, led 5000 women down Pennsylvania Avenue in the Great Women Suffrage Parade. It would take another seven years before the nineteenth amendment would pass and women would gain equal rights to vote, but the march from New York to DC was a turning point for the movement.

Friday, in a joint session, the Maryland Women’s Caucus joined with their male counterparts to honor those women who fought so hard for women’s rights. At the close of our ceremony, Senator Catherine Pugh, President of the Maryland Women’s Caucus and I (as president elect of the caucus), read the following proclamation:

WHEREAS today – we the women of the Maryland General Assembly, fifty six strong, and the first women’s caucus in the nation, bi-partisan, democrat and republican, of all races, origin, sexual orientation and religious conviction – stand here today before this joint assembly to commemorate the 100^th anniversary of the woman suffrage march. BE IT THEREFORE RESOLVED that on the 100^th anniversary of the 1913 march of 5,000 women from New York City to our Nation’s Capital to promote gender equality and access for women at the ballot box, the women legislators of Maryland take notice, feel pride and commit ourselves to work for the acceleration of gender equality in all aspects of American life; which was in fact what the woman’s suffrage movement was all about.

You may ask why, with all the important issues facing the legislature this session, that we took the time to consider an event from 100 years ago? I think it is important to remember that it wasn’t so long ago that women couldn’t vote, couldn’t take out a loan, were ineligible for many higher education and employment opportunities and were victim to many other inequities. And we also need to be reminded that in many parts of the world women are still considered second class citizens with few rights and protections. This joint session was a moment to take time to honor our mothers, grandmothers and great-grandmothers who understood the importance of equality for women and were willing to fight to make our lives better.

There are many important issues facing the legislature this session and two of the more controversial – the death penalty repeal and gun control bills - were voted out of the Senate Judicial Proceedings Committee this week. We will be debating them on the Senate floor this coming week. I appreciate having heard from you on these issues through the survey, phone calls and emails. To follow the Senate debate on these bills, you can go to the General Assembly website. Click on the Senate Floor Agenda to see when the bills will be heard and click on Senate Session Status on the home page to listen to the debate live.

Scholarships and Service Academies Information

Mon, 18 Feb 2013 12:42:03 -0500

This week I want to remind you of some important dates and deadlines.

FAFSA Filing Deadline
Any high school senior or college student looking for financial assistance must fill out the Free Application for Federal Student Aid (FAFSA) by March 1^st.

By filing a FAFSA, you will be considered for:

•State of Maryland financial aid

•Federal financial aid

•Institutional financial aid

You can file the FAFSA electronically by going to the following link: http://www.fafsa.ed.gov/, and you can get more information about the FAFSA and financial aid opportunities at the Maryland Higher Education website: http://www.mhec.state.md.us/.

Remember to check with all the colleges you are considering applying to for their financial aid requirements and deadlines. They may have supplemental forms you need to complete.

Scholarships

Each year Maryland Senators and Delegates receive funds to award scholarships to students in their districts. I have heard from so many students who have shared that these legislative scholarships have made the difference in allowing them to pursue a higher education.

In order to be eligible for a District 39 Senatorial Scholarship, you must:

be a resident of District 39 (to verify your District, click here)
fill out the FAFSA form by March 1^st
attend or plan to attend a Maryland college or university
fill out an application and return it to my office by April 15, 2013 (to obtain an application, please call my office at 301-858-3686 or email me at nancy.king@senate.state.md.us)

You can also obtain information about other scholarships, grants and loans available to Maryland students at the Maryland Higher Education website - www.mhec.state.md.us.

Service Academies
High school Juniors who are considering applying to one of the Service Academies, this is the time for you to begin your application process. Following are links to the five Service Academy’s websites:

U.S. Air Force (Colorado Springs, Colorado)

U.S. Coast Guard Academy (New London, Connecticut)

U.S. Merchant Marine Academy (Kings Point, New York)

U.S. Military Academy (West Point, New York)

U.S. Naval Academy (Annapolis, Maryland)

Additionally, in order to be admitted to a service academy, you must be nominated by your United States Senator or Congressman. Following are the links to their Service Academy nomination information:
Senator Barbara Mikulski
Senator Ben Cardin
Senator John Delany
Congressman Chris VanHollen

Child Safety Legislation

Wed, 13 Feb 2013 10:19:01 -0500

We are now one third of the way through this 2013 General Assembly Session, and bill hearing schedules are growing longer each day. I am the primary sponsor of twenty one pieces of legislation this year on issues including: child safety, job creation, environmental safety, public safety and education.

Following is information on two of the bills I introduced relating to child safety that were heard this week:

Senate Bill 192 – Child Safety Seats and Seat Belts - Penalty

In 2012, over 5,900 citations were issued for failure to properly secure a child in a motor vehicle, a number that has been rising consistently every year. The current fine for this offense is $25.00 – one of the lowest fines in the country. With the cost of a child safety seat averaging at about $100.00, a $25.00 fine is no incentive to purchase a safety seat for motorists who continue to break the law and place a child in danger. Senate Bill 192 will raise the fine to $75.00.

The State of Maryland, through the Department of Health and Mental Hygiene’s KISS program (Kids in Safety Seats), and many of our local jurisdictions offer programs for low cost rentals and purchases of safety seats. According to a DOT study, child safety seats reduce the risk of death in passenger cars by 71% for infants, and by 54% for toddlers ages 1 to 4 years. The law requiring motorists to properly secure a child was put in place to save lives. It is now time to increase the fine to a dollar amount that more closely reflects the importance of this law.

Senate Bill 193 - Hand Held Phone Use – With Child in Car

In 2010, the Maryland General Assembly passed legislation which prohibits the use of a handheld communication device while driving. The legislation passed as a secondary offense. Throughout the state this law is being ignored and law enforcement officers can do little about it unless the driver is committing some other offense.

The National Safety Council estimates that 24% of all motor vehicle accidents in the country involve cell phone use and 21% of all fatal, injury or property damage crashes are attributed to people talking on cell phones. Based on these statistics, I believe that the use of handheld communication devices should be a primary offense in Maryland. But, if the passage of such a bill does not happen this year, I have introduced Senate Bill 193, which will make it a primary offense to use a hand held communication device with a child in the car.

We know the dangers and we know the statistics. This bill is about protecting our children from those dangers. A teenager or an adult can tell a driver to put down their phone or take a call for them, but infants and small children do not have the ability to protect themselves in that way. If the legislature does not pass a primary offense bill for all drivers using a cell phone, then we need to pass this legislation to protect those innocent children who cannot protect themselves.

To follow these bills through the legislative process, you can click on the links above, and to see a list of all the bills I have sponsored or co-sponsored this Session, please click here.

Firearm Safety Act of 2013

Thu, 07 Feb 2013 15:47:53 -0500

On Wednesday of the fourth week of the Legislative Session, Governor O’Malley gave his State of the State Address. The Governor spoke of the many advances that have been made in Maryland in job creation, education, health care, and the environment. He also spoke about issues that need to be addressed in this 2013 Session. One of those issues is gun control.

On Wednesday, February 6^th, the Senate Judicial Proceedings Committee held a hearing on Governor O’Malley’s Firearm Safety Act of 2013. This comprehensive package would:

ban military-style assault weapons
reduce the allowable magazine capacity from 20 rounds to 10
implement common-sense licensing requirements, such as a license for handguns with age restrictions; mandatory safety training requirements; a background check; mandatory fingerprinting and an attestation that a person is not prohibited from purchasing or possessing a handgun under State or Federal law
expand the definition of who is prohibited due to mental incapacity from possessing a gun and ensure that citizens who are not lawfully allowed to possess a gun are also unable to possess ammunition
provide judges with the ability to prohibit a person based on credible evidence of dangerousness to others from obtaining a firearm, or a person who has or is under an involuntary guardianship from obtaining a firearm
require better data sharing between State and Federal law enforcement partners
automate and streamline the application process to ensure better accuracy
require anyone who moves to Maryland to register their gun within a predetermined time period

What the Firearm Safety Act of 2013 does NOT do is:

It does NOT prohibit lawful citizens from obtaining or owning a handgun and keeping it in their home.
It does NOT require additional licensing procedures for hunting rifles and shotguns.
It does NOT force citizens who lawfully possessed an assault weapon and registered it with the Maryland State Police before a certain date to surrender their weapon.
It does NOT prohibit authorized personnel from carrying or transporting a hand gun.
It does NOT require current lawful gun owners to retroactively obtain a license.

In my 2013 Legislative survey, I asked your thoughts on the issues of assault weapons and high capacity magazines. 71% said they would support a ban on assault weapons, 23% opposed a ban and 3% were undecided and 1% check “other.” On the ban of high capacity magazines, 73% supported a ban, 22% opposed, 4% were undecided and 1% checked “other.”

I have signed on as a co-sponsor of the Firearm Safety Act of 2013 because I believe that this is responsible legislation that will begin to curb gun violence in our state and ultimately make Maryland a safer place to live.

You can view the full text of the bill and follow its progress by clicking here. You can listen live to the hearing on Wednesday or listen to it later, by clicking here and choosing Judicial Proceedings Committee.

Maryland Offshore Wind Energy Act of 2013

Wed, 06 Feb 2013 13:34:00 -0500

On Wednesday of the third week of the General Assembly, Governor Martin O’Malley introduced the Maryland Offshore Wind Energy Act of 2013. This legislation, which has 24 co-sponsors in the Senate and 58 co-sponsors in the House of Delegates, creates a mechanism to incentivize the development of a major 200 megawatt offshore wind facility and establish a regulatory framework that will allow additional projects to interconnect in Maryland.

In my 2013 Legislative Survey, I asked you to give me your thoughts on passing a wind energy bill. Of those who responded, 56% were in favor the construction of wind turbines off Ocean City, 24% were opposed, 17% were undecided and 3% check “other.” Based on your responses in the survey and to feedback I have gotten from people in our community, I am supporting this legislation and have signed on as a co-sponsor.

A report from the U.S. Department of Energy’s National Renewable Energy Laboratory, states that a major 200 MW project would create almost 850 manufacturing and construction jobs for five years and an additional 160 ongoing supply and Operations & Maintenance (O&M) jobs thereafter. Additional projects, both in Maryland and in the region, would lead to a significant new sustainable industry for Maryland workers.

In the press conference introducing the legislation, Governor O’Malley said, “In this competitive New Economy, the states that win will be those that succeed in leveraging innovation into job creation and economic growth. By choosing to move forward with this legislation, we’re not only creating jobs, but we are also laying the groundwork for a better, more sustainable future for our children.”

You can click here to view the text of the bill and you can follow its progress on the Maryland General Assembly website. I am proud to be able to support this legislation and I appreciate your feedback on this issue.

2012 End of Session Letter

Mon, 16 Apr 2012 12:33:02 -0400

Dear Friends and Neighbors,

I would like to share with you news about the issues and initiatives in which I have been involved during the 2012 General Assembly’s Legislative Session. I am sending this end of session letter electronically to all of you who have e-mailed me this year in an effort to keep the state’s postage costs down. If those of you receiving this by regular mail would like to receive electronic updates, please email me at nancy.king@senate.state.md.us and I will be happy to add you to the list.

I would also like to thank you for contacting my office with your thoughts and concerns about the budget and bills that were introduced. I am pleased that so many residents of District 39 contacted me, as it is your thoughts on legislative issues that guide my decisions. Given the volume of interest by our residents, I have not yet been able to reply to all the emails, but I will be responding to those whose issues are not addressed in this letter.

The Budget
Although the 2012 Legislative Session has come to a close, our work is not yet done. I am sure you have heard by now that the while the budget was passed, the revenue bills were not, leaving us with what is being referred to as the “Doomsday Budget.” As a member of the Budget and Taxation Committee, I assure you that this is not the outcome we wanted or expected. Under the current budget, public education, public safety, Medicaid and higher education will suffer huge cuts. If no further action is taken, over $500 million of real cuts will occur, on top of the over $400 million in reductions contained in the FY2013 budget package. Given Governor O’Malley’s commitment to moving Maryland forward, I am hopeful that he will call the Legislature back to a Special Session so we can finish our work and avoid these drastic cuts.

Despite the obvious concerns of further budget cuts, we did pass a balanced budget that contains important capital investments for projects across the state:

Public education. Public school construction continues to be a top priority for the legislature. This year, our capital budget contains the second largest investment in school construction in Maryland’s history. This $351 million investment will pay for the construction and renovations of schools across the state.
Infrasturcture and Job Creation. This year’s capital budget includes over $1 billion in funding for higher education, public safety, the environment, and road construction. The projects created by this funding will not only improve the quality of life of Maryland residents, but will help create and sustain over 52,000 jobs.
Montgomery County. Our county received over $119 million in capital project funding during this legislative session. These projects include: over $40 million for public school construction; $8 million to our Community Colleges; $5 million to the Universities at Shady Grove; and $2.9 million to local capital projects.

As I mentioned earlier, I received hundreds of emails this session on a variety of issues. Following are just some of the legislative initiatives that I was contacted about and co-sponsored this session:

Protecting Family Farms
To preserve as many remaining family farms as possible, the legislature passed SB 293, which exempts up to $5.0 million of qualified agricultural property from the State estate tax. In order to qualify for the exemption and better protect our agricultural lands from development, those who qualify for this program must agree to continue to use the property for farming purposes after the current owner’s death. If the property is not used as a farm within a 10 year period, the estate tax must be repaid upon the sale of the property.

Protecting Children from Identity Theft
Identity theft from minors is growing at a rapid rate. Under current law, a parent or guardian who believes their minor child’s social security number is at risk for identity theft may not put a credit freeze on the child’s credit report with a credit reporting agency. A credit reporting agency will not create a report for a child under the age of 16, but a person fraudulently calling with a child’s social security number and a false birth date would be able to create multiple fraudulent accounts. Senate Bill 295 will allow a parent or guardian to create a credit report for a minor for the purposes of freezing the report and preventing fraudulent use of a minor’s social security number.

Healthcare Legislation
This year, the legislature established a state insurance exchange program, which will make health and dental insurance policies available for purchase by individuals who are currently without coverage. House Bill 443 established a process for the state to select benchmark plans that will serve as the standard for the essential health benefits contained within health benefit plans offered in the small group and individual markets, both inside and outside the exchange.

The number of oral anti-cancer drugs is growing rapidly, accounting for 25% of cancer drugs under development. Typically insurance companies cover intravenous or injected chemotherapy as a medical benefit, while coverage for orally administered chemotherapy drugs are provided under a prescription plan. Under most insurance plans, the cost-sharing arrangements for medical benefits and prescription benefits are often very different, leaving patient to shoulder a heavier finical burden for orally administered chemotherapies. The session we passed SB 179 that will help level the playing field and provide parity between the two drugs.

Protecting Employees’ Privacy
With the proliferation of Facebook and other social media sites, some employers have started to require login information from potential employees. In an effort to ensure individual’s privacy, the legislature passed Senate Bill 433 which will prohibit employers, including state and local governmental entities, from requesting this personal and private information.

Passing Marriage Equality
This session, Maryland became the eighth state in the nation to pass Marriage Equality. As passed, the Civil Marriage Protection Act will extend the right to marry to Maryland’s gay and lesbian couples while ensuring religious freedom and protection for our state’s religious institutions. (HB 438)

Government Ethics Reform
The Maryland Senate has led the way on increasing transparency and reforming ethics over the last several years. In response to several county government scandals, the legislature passed House Bill 211, which, if approved by voters, will require that elected officials who are found guilty of specified crimes be removed from office. I also voted for the unanimously supported legislation (SB 920) that would increase transparency by putting conflict of interest disclosures online for the public and to create a workgroup to review the ethics process.

Protecting Animals
This year, we continued our efforts to better protect animals from abuse and neglect by passing Senate Bill 317. This legislation will further combat the issue of puppy mills by requiring retail pet stores to initiate recordkeeping, notification, and public disclosure requirements, as well as creating remedies when a dog sold at a pet store is found to have an undisclosed disease or illness.

One animal issue that I received many, many emails on was SB 465 which would restrict the sale and possession of shark fins. The shark fin trade is largely unregulated and unmonitored. The horrible act of removing fins from live sharks and throwing them back into the water often takes place on oceans beyond national jurisdictions and fins are imported into the U.S. from countries with few shark protections in place. The best way to bring an end to this practice is through legislation prohibiting the trade. SB465 passed the Senate but unfortunately did not pass the House of Delegates. I am sure we will see this legislation again in 2013.

Bills that I sponsored in this 2012 Session which have been passed by the Legislature and are headed to Governor O’Malley for his signature:

SB848 – Education - Maintenance of Effort – One of the more high profile bills of the 2012 Session was the Maintenance of Effort legislation which I sponsored. In 1984 the General Assembly established the Maintenance of Effort Requirement for K-12 funding, to ensure the cost of education is shared and to provide local Boards of Education with predictable and stable funding. Senate Bill adds to that original legislation by continuing to protect funding for our public schools while recognizing the efforts of those counties who exceed funding requirements. The Maryland State Education Association responded to the enactment of the bill by issuing the following statement: “The passage of SB 848 is a monumental step forward for Maryland's public schools, protecting local school funding from deep cuts, providing local governments with the flexibility they've long asked for, and ensuring the dependable levels of funding that our students need to thrive.”

SB 566 – Home Visiting Accountability Act of 2012 –The recipe for educational success begins long before a child enters kindergarten. As Senate Chair of the Joint Committee on Children, Youth and Families, and a member of the National Council of State Legislator’s Early Learning Fellows program, I know firsthand the effectiveness and success of Home Visiting Programs. These programs offer a variety of family-focused services to expectant parents and families with new babies and young children. They address issues such as maternal and child health, positive parenting practices, safe home environments, and access to services. Parents and children participating on a voluntary basis in quality home visiting programs exhibit better birth outcomes, enhanced parent and child interactions, more efficient use of health care services, enhanced child development including improved school readiness, and early detection of developmental delays. Senate Bill 566 will allow the state, under the Governor’s Office for Children, to track and report on the successes of home visiting programs. This legislation will strengthen Maryland’s competitiveness for Federal grants as they make funding available for states to plan and implement the expansion of evidence-based home visiting programs in high risk communities.

SB 524 – Maryland After-School and Summer Opportunity Fund Program – In 1999 the legislature established the Maryland After-School Opportunity Fund Program to provide funding to organizations with after-school programs for children. Due to budget constraints, the program has not been funded since Fiscal 2004 and the advisory board is not currently active. Senate Bill 524 lays the groundwork to revitalize this important program by moving it to the Governor’s Office for Children and reactivating the advisory board. Enactment of this legislation will allow the state, under the Governor’s Office for Children, to track and report on the successes of after school and summer programs, and with strengthen Maryland’s competitiveness for Federal grants for these much needed programs.

SB 567 – Communications Taxes – Reform Commission - Changes in technology have expanded the types of telecommunications services available to consumers. We are a long way from the days of land line telephones and antennas on our roofs. Throughout all these changes, industry taxes and fees have been dealt with in a piece meal fashion. Senate Bill 567 will create a commission that will be charged to assess the feasibility and fiscal implications of a modernized, competitively neutral tax and fee system that will encourage growth and job creation. Reform of Maryland’s telecommunications tax and fee structure is long overdue. The industry has changed and our tax structure needs to reflect those changes. Senate Bill 567 will bring together stakeholders who can look at the industry as a whole and enact reforms that will best serve the citizens of Maryland.

SB 849 – Health Insurance – Dental Preventive Care – Coverage for Dental Cleanings – Currently, health insurance companies that cover dental preventive care have restrictions on the amount of time that must lapse prior to paying for another preventive care visit. In other words, for annual coverage, if a full 365 plus one day hasn’t passed since the anniversary of your last visit, you can find yourself faced with a large out-of-pocket expense. Or in the case of bi-annual coverage, you must wait six months plus one day for your next preventive care visit or again find yourself with an out-of-pocket expense. Senate Bill 849 changes this practice by allowing annual preventive care to be performed once within a plan year, regardless of the number of days since the last visit. For providers who cover more than one preventive care visit, it will reduce the time required between visits to 120 days. Given the importance of regular dental care, this is a practical solution for the citizens in our community. Whether it is someone trying to make an appointment around their work schedule, school schedule or vacations, this legislation will give people the flexibility to schedule an appointment on their terms – not the insurance company’s. This legislation was sponsored in the House of Delegates by Delegate Charles Barkley. While my bill ran out of time for passage on the final day of session, we were able to get Delegate Barkley’s passed through the Senate, so this legislation will become law once it is signed by the Governor.

SB 852 – Alcoholic Beverages – Calculation of Tax - After the passage of last year’s legislation to increase the sales and use tax on alcoholic beverages, the Comptroller’s Office listed a series of guidelines on their website to address implementation questions from the business community. Once put into practice, the legislation and guidelines created some unintended consequences, especially for restaurants and caterers. Under current law if a restaurant sells food and alcoholic beverages to a group of eleven or more patrons and imposes a mandatory gratuity, they must charge a sales tax on that gratuity. With the implementation of the increased alcohol tax, restaurants and caterers must apportion the tax on the gratuity between the two different rates – 6% on the food and 9% on the alcohol. This is a burdensome process and, in the case of restaurants, no current point-of-sale systems can handle this type of split tax on gratuities. Senate Bill 852 remedies this by clarifying that all mandatory gratuities are subject to a 6% sales tax regardless of the type of food or beverage served.

A second issue that arose after last year’s legislation relates to taxes on labor, service and materials. The Comptroller’s Office interpreted the law in a way that not only are alcoholic beverages taxed at 9% but any labor, service or materials related to alcoholic beverages must also be taxed at 9%. As an example in the catering business, a caterer must collect a 9% tax on the rental of those glasses used for alcoholic beverages and 6% on all other glassware. Not only is this cumbersome for caterers, it is very confusing for consumers. Senate Bill 852 changed this by taxing only the alcoholic beverages at 9%; all labor, supplies and materials is at 6%. The legislation simplifies certain aspects of last year’s alcohol tax increase in order to assist both business and consumers.

Bond Bills
Along with passing state-wide legislation, I was successful in securing $125,000 of capital funding for a District 39 project – design and construction of a concession stand and rest room facilities at South Valley Park. The lack of permanent rest room facilities at the park poses a real problem for families at sporting events and for many of our older and disabled citizens who come to watch the children play. The concession stand will provide Montgomery Village Sports Association the ability to sell refreshments which will enhance the enjoyment of the hundreds of participants and spectators of park events. South Valley Park is one of the jewels of Montgomery Village. The addition of restrooms and a concession stand will encourage more families to enjoy this great outdoor venue for sports, recreation and community events.

During the interim

I can be reached during the interim at my Annapolis office number – 301-858-3686 as well as by e-mail at nancy.king@senate.state.md.us or on my website www.friendsofnancyking.com. My staff and I are available to assist constituents with problems or questions they may have involving a state or local agency. As always, I am honored to serve you here in Annapolis, and I look forward to hearing from you on any issues or concerns you may have.