Legislative Hotline
2006 SESSION OF THE
MARYLAND GENERAL ASSEMBLY
Volume 14, Number 9������������������������������������������������������������������������������������������������� March 15, 2006
Here are some of the hot
issues as the 2006 Legislative Session develops:
CAPITAL
BUDGET HEARINGS IN ANNAPOLIS
BUDGET AND TAXATION COMMITTEE DECISIONS
STEM CELL
RESEARCH LEGISLATION
BILLS
INTRODUCED
STAFF CONTACT INFORMATION
CAPITAL BUDGET HEARINGS IN
The Senate Budget and Taxation Capital Budget
Subcommittee heard testimony recently on Johns Hopkins’ major capital
requests.�
On Thursday, Jim McGill, Martha Hill and Ruth Faden testified on the $3 million request to construct a new
addition to the existing
Ed Miller and Ron Peterson testified before the
Subcommittee on Friday regarding Johns Hopkins’ request for $100 million
over five years to support the Cardiovascular and
On Monday, Vic Broccolino, Jay Blackman and Beth
Plavner testified before the both the House and Senate committees on the
$325,000 Howard County General Hospital Emergency Department Behavioral Unit
Project.�
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BUDGET AND TAXATION COMMITTEE
DECISIONS
In the first step of a
multi-staged budget process, the Senate Budget and Taxation Committee approved
an operating budget $188 million lower than the Governor’s
proposed budget.� Significant components
include:
- Recommendation that the Sellinger
Aid program be fully funded.� For
Johns Hopkins that would amount to $21 million, a $2.1 million increase
over last year’s appropriation.�
- Cigarette Restitution Funds (CRF): $2.5 million
for Cancer research and $1.2 million for public health.
- A reduction in need-based financial aid offered
through the Maryland Higher Education Commission. The Governor’s
budget included $19 million in financial aid, but the committee approved a
$5 million reduction.� The committee
pointed to the fact that $7Million remained unspent from last year as a
reason to limit the increase to $14 Million in this year’s budget.
- $10 million cut from the Governor's allowance
for Stem Cell research.� The
remaining funds are contingent on the passage of House Bill 1 and/or
Senate Bill 144 (each of which has passed one chamber).
The full Senate is scheduled
to take up the budget and the cuts proposed by the Committee this week.� The House Appropriations Committee began
their decision meetings on Monday.�
On Monday, March 13, the Senate Budget & Tax
(B&T) Capital Budget Subcommittee made the following recommendations for
the FY07 capital budget:�
�
JHM CARDIOVASCULAR TOWER������� $17.5m��� ($10m increase over the CIP)�
JHM PEDIATRIC TRAUMA CENTER���� $15m������
($10m increase over the CIP)�
�
JHU SCHOOL OF NURSING/BERMAN BIOETHICS INSTITUTE $3m
($.333m increase over Governor’s proposed budget)�
�
�
Although this is just the first major step in the
budget process, it is a significant one. The capital budget subcommittee
decisions are very influential on full committee and Senate Chamber action. The
House actions will take place early next week.�
Then a conference committee will make its decisions the following
week.�
STEM CELL RESEARCH LEGISLATION
House Bill 1
By a vote of 85-54, the bill passed the House in the
first week of March.� The amended bill
moves the stem cell program under "TEDCO" (the Technology Development
Company), a quasi public agency, which was favored by the Governor as the
appropriate place for the program.� The
bill, which now more closely resembles the New Jersey model, provides for a
commission of 15 members, comprised of Maryland researchers and ethicists
nominated by the major research institutions (three nominees each from Johns
Hopkins and University of Maryland) and members appointed by the Governor, the
President of the Senate and the Speaker of the House to set standards for the
program.� Two of the appointees from each
of the major research institutions will be researchers not currently involved
in stem cell research.
The bill specifies a process for contracting out the
scientific peer review to an out-of-state contractor. The new peer review
process was established to avoid conflict of interest problems for
The amended version opens the bill up to adult as
well as embryonic stem cell research, but it incorporates language modified
from
Senate Bill
144
An amended version of the Senate bill was reported to
the Senate floor last Monday.� The bill
now resembles the House bill, with two exceptions: The bill eliminates the
mandated appropriation, leaving just the guidelines and a provision that the
Governor “may” fund this research in the future. The amended bill
eliminated the
Although there are other inconsistencies between the
two amended bills, the most significant difference is the level of
funding.� The Senate amendment strikes
the $25,000,000 and merely mandates an “appropriation,” thus leaving
the amount up to the Governor’s discretion each year.� Because the Senate bill passed with only the
minimum number of votes to close a filibuster, it is possible that the House of
Delegates may end up accepting the Senate bill, although they would prefer a
stronger bill.� The issue will likely be
decided in the next two weeks.
CIGARETTE RESTITUTION FUND
The General Assembly’s budget committees held hearings on the Cigarette Restitution Fund Program on February 28 and March 9.� Johns Hopkins CRF program highlights were presented by John Groopman, Jean Ford, Norma Kanarek, and Jerome Washington, a participant in the Public Health Grant.� The Governor’s budget includes $2.5 million in FY2007 for the cancer research grant, and $1.2 million for the public health grant.� The Senate has concurred with the Governor’s budget, and the House likely will as well, although final budget decisions will not be made for several more weeks.
BILLS INTRODUCED
Economic Development
SB0633� Property Tax - Exemption for Property Used as a
Business Incubator
Senate Bill 633 exempts from the State and local
property tax property that is used as a business incubator if the State, a
county, a municipal corporation, a public institution of higher education, or
an agency or instrumentality of the State, a county, a municipal corporation,
or a public institution of higher education owns, controls, or leases the space
that is used as a business incubator or is the primary source of funding for
the business incubator.
Effective
Date:� June 1, 2006
For more
information, please contact:� Bret
Schreiber
SB0739� Corporate Income Tax - Tax Credit for Location in a
Higher Education-Affiliated Research Park
Senate Bill 739 provides a tax credit against the
State income tax for eligible expenses of corporations that locate to a higher
education-affiliated research park.� The
bill requires the Department of Business and Economic Development to administer
the tax credit and requires the Department to adopt regulations jointly with
the Comptroller.
Effective
Date:� July 1, 2006
For more
information, please contact:� Bret
Schreiber
Environmental Health
HB1447� Baltimore City - Nuisance Actions - Monetary Damages
and Lead Paint
This bill would allow a community association in
Baltimore City to seek monetary damages for abatement of a nuisance.� The bill also repeals a provision of law stating
that restricts a certain law authorizing nuisance actions from being construed
to grant standing for a civil action for a condition relating to lead paint.
Effective
Date:� October 1, 2006
For more
information, please contact:� Nicole
Xander
Miscellaneous
HB1592� Labor and Employment - Adults - Mandatory Rest Period
This bill requires the
Department of Labor, Licensing, and Regulation (DLLR) to adopt regulation to
establish and safeguard a mandatory rest period.� These regulations may permit an employee to
receive not more than a 10-minute rest period for every consecutive 4-hour work
period.� An employer may not require an
employee to work during any rest period mandated by an applicable regulation adopted
by DLLR.
�����������
This would
not apply to minors or an employee for whom a rest period is established
through the collective bargaining process.
Effective
Date:� July 1, 2006
For more
information, please contact:� Nicole
Xander
HB1615� Construction of Electric Generating Stations -
Certificate of Public Convenience and Necessity
This bill would require the Public Service Commission
to take final action on an application for a certificate� of public convenience and necessity within
200 days after the application is filed with the Commission on proposed
construction of a specified electric generating station.� Specifically, the bill applies to the
construction of a generating station that is designed to provide electricity
for a single electric customer that uses at least 1.5 billion kilowatt hours of
electricity each year with a generating capacity that does not exceed 750
megawatts.
Effective
Date:� October 1, 2006
For more
information, please contact:� Tom Lewis
SB1020� Electric Companies or Electric and Gas Companies -
Merger or Acquisition - General Assembly Approval Required
This bill requires prior approval of the General
Assembly by legislation before an acquisition or merger may take place where
one of the parties involved is an electric company, electric and gas company,
or a person that owns or controls an electric company or electric and gas
company in Maryland.
Effective
Date:� June 1, 2006
For more
information, please contact:� Nicole
Xander
Prescription Drugs
HB1689� Prescription Drug Repository Program
This bill would establish
a Prescription Drug Repository Program to be regulated by the State Board of
Pharmacy.� The Program would accept
prescription drugs and medical supplies donated for the purpose of dispensing
to needy individuals.� Prescription drugs
must be in their original unopened, sealed, and tamper-evident unit dose
packaging and medical supplies must be in their original unopened and sealed
packaging.� The Program may accept and
dispense prescription drugs packaged in single unit doses when the outside
package is opened if the single unit dose package is undisturbed.
�����������
Any person
may donate prescription drugs or medical supplies to the Program only at a
drop-off site designated for that purpose by the Board.� A drop-off site shall require donors to
complete and sign a form releasing the drug or supplies; store the donated
drugs or supplies in a secure location; and forward, at the cost of the site,
all donated drugs and supplies to a central repository.� The drop-off site may not dispense, resell,
or charge a fee for the prescription drugs or medical supplies.
�����������
Requirements
of a repository include:
1)
inspecting all donated prescription drugs and medical supplies,
2)
maintaining a separate inventory of donated drugs and supplies,
3) storing
donations in a secure location,
4)
maintaining separate prescription files for patients receiving the donated
prescription drugs and supplies, and
5)
obliterating from the labels any information specific to the patient for whom
the donated prescription were originally dispensed.
A
repository may charge a fee, not to exceed $10, for each prescription drug or
medical supply dispensed, and dispense a drug or supply by mail, provided that
the repository informs the patient that a delay may be entailed.� A waiting list may not be established or
maintained for any drug or medical supply.
In order to
be eligible for the Program, an individual must be a Maryland resident and
considered a needy patient, as indicated by the individual's health care
practitioner.� The bill prohibits
individuals acting in good faith from being criminally prosecuted or held
liable in tort or civil action for injury, death, or loss to person or
property.� Also, drug manufacturers
acting in good faith may not be subject to criminal prosecution or liability in
tort or other civil action for matters related to the donation, acceptance, or
dispensing of a drug manufactured by the manufacturer.
By January
1, 2007, and in accordance with the recommendations of the Task Force on the
establishment of a Prescription Drug Repository Program, the Board shall adopt
regulations governing the Program.� Also,
beginning January 1, 2007, a report shall be provided to the Governor and
General Assembly on the operation of the Program.
Effective
Date:� July 1, 2006
For more
information, please contact:� Nicole
Xander
Public Health
HB0958� Public Health - Abortion - Parental Notice
House Bill 958 will prohibit a physician from
performing an abortion on an unmarried minor unless the physician gave actual notice
of the pending procedure to a parent or 48 hours have elapsed since
constructive notice was given.� The bill
authorizes a physician to perform an abortion on a minor if the physician
receives a notarized written statement from the parent stating that the parent
is aware of the pending procedure, a medical emergency exists, or the
requirement for parental notification is waived.
Effective
Date:� October 1, 2006
For more
information, please contact:� Bret
Schreiber
Taxes/Tax Policy
HB1532� Property Tax Credit - Structures Using Qualifying Energy
Conservation Devices for Electricity Generation
This legislation adds the generation of electricity to
be used in a structure as one of the purposes for which a structure may use specified
energy devices for purposes of qualifying for local tax credits for structures
using energy conservation devices.� The
Act would be applicable to all taxable years after June 30, 2006
Effective
Date:� June 1, 2006
For more
information, please contact:� Nicole
Xander
STAFF CONTACT INFORMATION
Please contact Government Relations if you have concerns or would like
additional information. Your input assists us greatly in evaluating and
formulating the position of Johns Hopkins on all legislation.
Legislative Session Office
410-269-0057
fax 410-269-1574
Heather Barthel [email protected]
Mickey Geisler [email protected]
Sheila
Higdon
[email protected]
Jessica
Hendrix������������������ [email protected]
Nicole
Xander���������������������
[email protected]
Bret Schreiber [email protected]
Tom Lewis [email protected]
Cathy Ximenez [email protected]
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