2012 Post-Session Shortcuts

April 10, 2012

Major Legislative Issue Areas

Pension Shift
County Budgets
Education
Planning & Zoning
Transportation

Bill Tracking Tools

MACo Tracking Database

Important Documents/Links

Gov’s Budget Summary
Q&A On Pension Shift
FY 2013-17 Costs
BRFA Fiscal Note

DLS Fiscal Briefing
Budget Documents
Budgets & Tax Rates

Special Session

MACo Statement

BRFA Including Pension Shift

Revenue Bill

QZAB School Construction

Summary Information

County-by-County Effects

Hearing Schedule


St.Mary’s County Commissioners Approve FY 2013 Budget

May 31, 2012

St. Mary’s County Commissioners voted this past Tuesday to approve a $211.7 million FY 2013 budget.  The budget plan keeps tax rates the same and provides for a $500 stipend and a 2% COLA for county employees beginning July 1.  From the SoMdNews.com:

The budget estimates tax revenues of $201.1 million, an increase of 4.9 percent from the current year, and adds $10.56 million in leftover funds from fiscal 2011.

Local tax rates remain the same. Property taxes are 85.7 cents per $100 of assessed value.

Property taxes should bring in $100.4 million, county finance staff anticipates, an increase smaller than 1 percent.

The local income tax rate stays at 3 percent. The county’s finance staff anticipates $76 million to come in from the income tax, an increase of $10.5 million, or 16 percent.

Local funding to the board of education is $85.7 million, an increase of $8.65 million or 11.2 percent. The school board approved a final version of its budget Thursday at $183.5 million, which includes state, federal and local funding.

The sheriff’s budget is set at $31.7 million, an increase of 3.3 percent or $1 million more. The sheriff plans on hiring six new deputies, with four exclusively for Lexington Park.


County Income Tax Distributions Up, But Not Expected to Last to Year’s End

May 31, 2012

According to the Comptroller’s electronic message, first quarter local income tax distributions total $872.2 million, an 11.6% increase over prior year.  The distribution is based on withholding and estimated tax payments attributable to the first quarter of calendar year 2012.

However, the State’s current revenue forecast does not anticipate continued growth in withholding and estimated tax payments to last through the end of the calendar year.

Current official statistics indicate that employment in the State increased 1.8% in the first quarter, the best performance since the fourth quarter of 2000 (though only marginally better than the first quarter of 2006).  Withholding receipts attributable to the first quarter reflect that strong growth, increasing 8.0%.  Estimated payments grew 14.0% for the first quarter, well ahead of recent periods.  Unlike withholding, for which growth in one period is generally related to growth in the period before, growth of estimated payments can be quite volatile due to safe harbor requirements and the fact that taxpayers’ expectations for income and tax liability can change over the course of the year.

If counties intend to change their local income tax rate for tax year 2013, the Comptroller’s Office must be notified by July 1, 2012.

If you have any questions about the May distribution, please contact Bill Blum of the Revenue Administration Division at (410)260-7501.


State Board of Elections May Move Toward Online Ballot Marking for Absentee Ballots

May 31, 2012

As reported by MarylandReporter.com, the State Board of Elections may implement an online ballot marking system for all absentee voters for this year’s elections.  However, implementation is dependent upon an opinion from the attorney general indicating whether the Board would need to seek Federal and State certification of the process.

The move to online ballot marking comes after a 2010 federal mandate that required states to provide overseas voters and active military personnel with access to online absentee ballot applications.

The attorney general’s opinion, requested by Sen. Edward Kasemeyer, would say whether or not the elections board should seek federal and state certification for the online ballot marking tool. The board staff is currently developing the device through a Department of Defense grant.

Certification would test the system and look for vulnerable areas, including where fraud or manipulation could occur. All whole voting systems are federally required to receive certification, but the state board argues the ballot marking tool would be only part of a voting system.

This certification is very important to voter integrity groups who argue that there is a risk for voter fraud without it.

“Voting system certification requirements exist to ensure that voting equipment conforms to consistent standards that safeguard our elections against tampering and error,” SaveOurVotes Co-Director Rebecca Wilson wrote in an April 30 letter to Attorney General Douglas Gansler. “Waiving certification requirements for such an undeveloped and untested system as this would set a dangerous precedent.”

The U.S. Election Assistance Commission (EAC) offered an informal opinion on the matter in February at the request of State Elections Board Administrator Linda Lamone. The commission staff said that an online ballot marking wizard did not meet the definition of a voting system and therefore “was not considered eligible for testing and certification under the EAC program.”


Task Force Appointed to Study Pit Bull Ruling

May 31, 2012

Senate President Mike Miller and House Speaker Mike Busch recently appointed a bipartisan task force to study a recent Court of Appeals ruling that found pit bulls to be ‘inherently dangerous’ for liability purposes and to make recommendations about possible legislative fixes. From the Baltimore Sun article (limited free views available):

The task force is directed to review “the common law of Maryland, the [court] decision, the common law and statutes in other states, the viability and definition of breed-specific standards in Maryland, a dog owner or landlord’s ability to secure property insurance, as well as existing breed-specific prohibitions in local jurisdictions in Maryland.”

Members of the task force include Senate Judicial Proceedings Chairman Brian Frosh, Sens. Lisa Gladden, Joseph Getty, Jamie Raskin and Norman Stone. From the House, members include: Delegates Curtis Anderson, Eric Bromwell, Ben Kramer, Heather Mizeur and Michael Smigiel.

Legislative leaders have indicated a willingness to take up this issue during a special session that may be July 9.  In the meantime, the Court of Appeals has been asked to reconsider its decision or to delay it to give the General Assembly time to address the issue.


Help Shape National Policies: Join A NACo Steering Committee Today

May 31, 2012

If you have knowledge or an interest in a certain issue area or concerns about the effects of federal legislation on your county, then you should become a member of a National Association of Counties (NACo) Steering Committee. The Steering Committees enable county officials from member counties to become actively involved in NACo’s policy process. The eleven NACo Steering Committees include:

  • Agriculture & Rural Affairs
  • Community & Economic Development
  • Environment, Energy, & Land Use
  • Finance & Intergovernmental Affairs
  • Health
  • Human Services, & Education
  • Justice & Public Safety
  • Labor & Employment
  • Public Lands
  • Telecommunications & Technology
  • Transportation

The nomination process for membership on NACo policy Steering Committees is underway.  As a NACo Steering Committee member, you are responsible for debating and creating national policies and priorities affecting counties and serving as NACo’s front line in their grassroots efforts.

If you are interested in serving on a Steering Committee, please fill out the Steering Committee Nomination Form and email completed forms to Emily Hollis (ehollis@mdcounties.org) by June 8.

NACo makes every effort to accommodate the nominee’s first choice of steering committee assignments.  Committee appointees serve on a committee for one year (beginning in September) and cannot transfer membership to another committee, or serve on more than one steering committee, during that year.


Should the State’s Budget Process be Reformed?

May 30, 2012

In an opinion piece for the Baltimore Sun (limited free views available), Ron Wineholt, Vice President for Government Affairs for the Maryland Chamber of Commerce, discusses the need for budget process reform.  Mr. Wineholt argues that the policy changes incorporated into omnibus bills that are intended to raise revenues or reduce state expenditures should really be considered as separate bills on their own merits.

Over the past 20 years, governors and General Assemblies have developed a bad habit of stuffing all sorts of loosely related spending and tax provisions into a catch-all bill called the Budget Reconciliation and Financing Act, or BRFA. The recent special session saw not only a BRFA bill but also a State and Local Revenue and Financing Act (SLRFA) packed with multiple forms of tax increases.

Maryland’s constitution has required since 1851 that “every Law enacted by the General Assembly shall embrace but one subject.” The purpose of this requirement has been to allow legislators to consider each issue independently, on its own merits. It also affords the public a greater opportunity to provide meaningful input on each issue pending before the General Assembly. The use of such omnibus bills as the BRFA and SLRFA damages the transparency of the legislative process and violates the intent of the single-subject rule of the Maryland Constitution.

Although most legislators do not recall an era without BRFA bills, our state managed to have budgets enacted for more than 200 years without such a device. The normal budgetary process until the early 1990s was that the governor would submit a budget, and if the amount of the budget exceeded projected revenues, specified appropriations would be contingent on the enactment of separate legislation. If the separate legislation failed, the contingent appropriations would also fail.

In 1991, Maryland’s attorney general surprised many by blessing the process embodied by the BRFA bill, thereby consolidating into one bill dozens of unrelated issues that are intended to reduce state expenditures or raise revenues necessary to balance the budget. Most legislative sessions of the past decade have seen a BRFA, and the bill has grown to the breaking point.


AECOM Hosts Stormwater Fee Bill Workshop

May 30, 2012

AECOM will be hosting a free workshop on June 5 for those counties struggling to implement the recently enacted local stormwater fee bill (HB 987).

From the AECOM announcement:

What HB 987 Means for MS4 Permit Holders

An in-depth crash course on stormwater utilities and the future of stormwater funding in Maryland.  Join us as we review what HB 987 means for your community, discuss the funding challenges posed by the Chesapeake Bay TMDL and new MS4 permit requirements, and explore in detail how to develop and implement a successful stormwater utility.  A facilitated discussion will follow the workshop presentations to ensure all of your stormwater utility questions are answered.

Highlights include:

  • Top 5 steps t prepare for development of a stormwater utility
  • Top 10 challenges to successful implementation
  • Top 5 guiding principles for utility development

 Presented by AECOM’s team of local and national experts in stormwater  inancing and utility development

June 5, 2012 – 8:30am to 12:00pm

North Laurel Community Center, Dorsey Run Room
9411 Whiskey Bottom Road, Laurel MD 20723

There is no fee for the workshop but RSVPs are requested so that we may accommodate all interested participants. One-on-one consultations with our stormwater utility experts are available in the afternoon. If interested, please inquire when you RSVP.

RSVP or Questions: Debbie Davison
(debbie.davison@aecom.com)

Maryland Granted Waiver From Federal “No Child Left Behind” Law

May 30, 2012

Maryland joins a list of 19 states receiving various waivers from provisions of the years-old federal education initiative known widely as “No Child Left Behind.” From coverage in the Baltimore Sun (limited free views available):

In a conference call, U.S. Secretary of Education Arne Duncan said the states whose applications were strongest had three key elements: They were on track to strengthen college and career readiness programs, are focusing on teacher and principal effectiveness, and would apply strong accountability measures for their lowest-performing schools.

“States can only receive waivers if they are protecting children,” Duncan said, “and these eight states have met that bar.”

According to Maryland’s application, schools should cut their achievement gaps in half in the next six years. Schools will be measured not just on how all students perform, but also on groups of students, including minorities, special education students and those who speak English as a second language.

“Federal officials are allowing Maryland to concentrate efforts on those schools in greatest need of assistance,” Interim State Superintendent Bernard Sadusky said in a statement.

From coverage on the US Department of Education blog:

States who receive flexibility under NCLB agree to develop state-level plans to prepare all students for college and career, focus aid on the neediest students, and support effective teaching and leadership.

This item from the USDE blog details “What NCLB FLexibility Means For You.”


Calvert County Commissioners Hold Hearing on FY 2013 Budget

May 29, 2012

As reported by the SoMdNews.com, Calvert County Commissioners held a public hearing on the county’s FY 2013 budget last week and plan to vote on the budget the week of June 4.  The budget reflects the fiscal difficulties of many Maryland counties.

“We’ve worked extremely hard and made some really tough decisions,” Calvert County Board of County Commissioners’ President Gerald W. “Jerry” Clark (R) said at the hearing, held at Calvert Pines Senior Center. “We have to make some decisions sometimes that we don’t want to do.”

The nearly $225 million budget, for which the record will remain open until June 4 after which the commissioners will take a final vote, decreased from fiscal 2012 by $7.1 million and includes no new initiatives, staff or salary increases for county employees, but also no layoffs or furloughs. County departments have been asked to decrease their operating expenses by 1 percent.

The county also plans to fund the Calvert County Board of Education at maintenance of effort levels, rather than exceeding that minimum requirement as it has in the past, largely due to the county’s having to share 50 percent of the normal cost of teacher pensions, or $2.8 million. That figure is expected to increase every year for the next four budget years until pensions are funded at 100 percent of the normal cost, said Joan Thorp, deputy director of the Finance and Budget Department.

Clark said that continued rise, coupled with declining property value assessments and other anticipated cost shifts, will make fiscal ’14 “just as bad, if not worse.”


Howard County Council to Consider Longer Term Limits

May 29, 2012

As reported by the Howard County Times, Council member Calvin Ball has prefiled a charter amendment to change the term limit for council members from three terms to four terms.  If approved by the Council, it will be placed on the ballot in November.

“The vast majority of Maryland jurisdictions have no term limits,” Ball said. “And while I think voters in Howard County have indicated general support for term limits, I think the amount should be reconsidered.”

The only chartered Maryland jurisdictions besides Howard that have term limits for council members are Anne Arundel and Prince George’s counties, both of which have a limit of two terms for their council and county executive, according to Ball’s research. Harford and Baltimore counties have a limit of two terms for their county executives but no term limits for council members.


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