Generally Assembled

2011 End of Session Letter

2011-04-15T13:00:00.004-04:00

Dear Friends and Neighbors,

Monday night marked the end of the 428th legislative session of the Maryland General Assembly. As always, it is an honor and privilege to represent you in the State House. Your District 18 Team—Senator Rich Madaleno and Delegates Al Carr, Ana Sol Gutiérrez, and Jeff Waldstreicher—has continued working together this year to advocate for the issues, programs, and services that best meet the needs of District 18 and Montgomery County. We appreciate the thousands of emails, postcards, letters, phone calls, and office visits we received throughout the 90-day session. There is nothing more important in our deliberations than advice and counsel from our constituents.

Balancing the Budget and Ensuring Fiscal Responsibility

This session, we were able to move our state forward despite the challenging budget climate. We passed a balanced budget that reduces the size of government while retaining essential services. To do so, we made difficult decisions about where to cut, but protected the most vulnerable members of our society: seniors, children, working families, and disabled Marylanders.

Our budget maintains our commitment to public schools and protects our investment in higher education. Two of us—Sen. Rich Madaleno and Del. Ana Sol Gutiérrez—serve on budget committees. We also ensured that the budget sustains affordable healthcare for low-income Marylanders. We took important steps toward making our teacher and state employee retirement system solvent for future generations. We fought to help small businesses create jobs, and for a modest increase in the alcohol tax that will provide badly-needed resources to help people with developmental disabilities. Finally, we invested in our future by passing landmark legislation providing all Maryland high school graduates with in-state tuition at our institutions of higher education.

Protecting our Environment and Preserving our Quality of Life

Your District 18 Team once again championed legislation to protect the environment and improve our quality of life. We successfully passed the Maryland Electricity Service Quality and Reliability Act, which will set strict standards for utilities and give regulators the ability to hold Pepco financially accountable for their abysmal performance. Del. Al Carr led the fight in the House of Delegates to strengthen this legislation by working to include more specific requirements for monitoring and inspecting Pepco’s aging infrastructure.

The General Assembly also passed several bills to protect our environment and promote clean energy. We made progress by banning harmful chemicals in baby products and worked to decrease the use of toxic pesticides in farming. We increased penalties for poaching in the Chesapeake Bay and maintained our critical investment in the Chesapeake Bay Trust Fund.

Finally, we paved the way for a dramatic increase in wind energy, which will likely pass legislatively next year.

Fighting for Victims and Protecting our Community

We also continued our efforts to protect victims and keep our communities safe. Del. Jeff Waldstreicher, who serves on the Judiciary Committee, led the effort to end bullying in our schools and provide restitution for victims of human trafficking. The General Assembly also passed important new laws protecting animals, including one that bans convicted animal abusers from owning pets. The entire District 18 Team also proudly voted for marriage equality, and to protect victims of discrimination based on gender identity. Unfortunately, both bills failed to pass the General Assembly this session.

Investing in Local Priorities

The District 18 Team also obtained capital bond funding to directly benefit our neighborhoods. We secured $200,000 for design and renovation at the MacDonald Knolls Center, which supports people with disabilities. We also secured $100,000 for Warner Manor in Kensington and $50,000 for the historic Noyes Children’s Library. This year, the Montgomery County Delegation was able to secure more than $30 million in state funds for school construction.

* * *

Over the next few weeks, we will continue preparing individual responses to many of the letters and emails we received during the session. In addition, the General Assembly’s website (http://mlis.state.md.us) contains a great deal of information about our work, including the soon-to-be-released 90 Day Report. If you have questions or comments, feel free to email us at District18Team@gmail.com or at our individual email addresses below. Thank you again for your comments and support this year. We are grateful to serve as your District 18 representatives in Annapolis.

Senator Rich Madaleno

Richard.Madaleno@senate.state.md.us

301.858.3137

Delegate Al Carr

Alfred.Carr@house.state.md.us

301.858.3638

Delegate Ana Sol Gutiérrez

Ana.Gutierrez@house.state.md.us

301.858.3181

Delegate Jeff Waldstreicher

Jeff.Waldstreicher@house.state.md.us

301.858.3130

District 18 End of Session Summary

2010-04-15T16:05:00.005-04:00

Dear Friends and Neighbors,

This week marked the end of the 427th legislative session of the Maryland General Assembly. As always, it is an honor and privilege to represent the people of District 18 in the State House. The four of us – Senator Rich Madaleno and Delegates Al Carr, Ana Sol Gutiérrez, and Jeff Waldstreicher – work hard as a team to advance your interests. During the past 90 days, we have benefited from your advice and counsel during our deliberations. We appreciate the thousands of emails, postcards, letters, phone calls, and office visits we received.

Creating Jobs and Promoting Fiscal Responsibility

This session, our top priorities were creating jobs and promoting fiscal responsibility. That’s why we were proud to pass the Job Creation and Recovery Tax Credit, which has already been signed by Governor O’Malley. This important legislation created a $5,000 tax credit for businesses that hire an unemployed worker. We also reformed our unemployment benefits to make sure Marylanders have the safety net they need to get through these difficult economic times.

We also worked hard to be fiscally prudent. We passed a balanced budget this year, one that is 2.9% smaller than 2010. In doing so, we fought to protect Maryland's critical commitment to our most vulnerable citizens. We safeguarded funding for the developmentally disabled and for vulnerable children and seniors. Until our state revenues once again reach more sustainable levels, our budget continues to benefit from federal recovery dollars, especially in support of Medicaid and transportation projects. Two of us -- Sen. Rich Madaleno and Del. Ana Sol Gutiérrez -- serve on the budget committees. We reined in future spending, cutting more than $566 million from the governor’s initial budget while leaving an ample Rainy Day Fund and not raising taxes.

Investing in Education

We secured a record level of state investment for Montgomery County Public Schools ($696 million). Indeed, our proudest achievement this term is our unwavering commitment to public education. Over the past four years, even in the face of severe budget challenges, we increased investment in our schools every year. This funding went to maintaining high-quality educational services, constructing new schools, renovating old ones, and making sure our teachers are paid competitively with other jurisdictions. You can continue to count on us to be vigorous advocates of public education in Annapolis.

Preserving the Environment, Promoting Alternative Energy

Your District 18 Team again championed environmental protection and alternative energy. Del. Al Carr serves as a strong voice on these issues on the Environmental Matters Committee. The District 18 Team fought for bills to dramatically reduce coal by-products, eliminate poisonous chemicals in children’s toys, reduce light pollution, and increase recycling efforts. We also worked hard on a bill that enhances our state’s renewable energy portfolio by encouraging more development of solar energy.

Ensuring Community Safety, Protecting Victims

We also fought hard this year to ensure the safety of our community and protect victims. A member of the Judiciary Committee, Del. Jeff Waldstreicher championed these issues. We successfully passed legislation that provides lifetime monitoring for sex offenders and protects our children. We also championed legislation to crack down on the heinous crime of human trafficking. Finally, we successfully passed a bill that doubles the duration of a protective order for victims of domestic violence. We will continue to work hard to ensure safety and security for all residents of Montgomery County.

Fighting for Local Priorities

We also passed several pieces of legislation that directly impact our neighborhoods. We secured a capital bond bill for $275,000 for the renovation of Warner Manor in Kensington and were successful in passing legislation that could allow Montgomery County to keep the Sligo Creek Golf Course open. We secured passage of another local bill that will nurture small business growth in revitalizing commercial areas like Wheaton.

Over the next few weeks, we will be preparing individual responses to many of the letters and emails we received during the session. We will also be posting items to this blog. In addition, the General Assembly's website (mlis.state.md.us) contains a great deal of information about our work, including the soon-to-be-released 90 Day Report. We hope you will continue to share your thoughts and concerns with us. Our individual contact information is listed below.

Thank you again for your comments and support this year. We are proud to serve as your District 18 representatives in Annapolis.

Senator Rich Madaleno
richard.madaleno@senate.state.md.us
301.858.3137

Delegate Al Carr
alfred.carr@house.state.md.us
301.858.3110

Delegate Ana Sol Gutiérrez
ana.gutierrez@house.state.md.us
301.858.3181

Delegate Jeff Waldstreicher
jeff.waldstreicher@house.state.md.us
301.858.3130

District 18 End of Session Summary

2009-04-20T18:13:00.002-04:00

Last week marked the end of the 426th legislative session of the Maryland General Assembly. In prior years, we have each mailed end-of-session letters. This year, we decided to conserve resources by forgoing our four individual mailings and instead prepared this single, joint summary.

It is an honor and privilege to represent the people of District 18 in the State House. The four of us work hard as a team to advance your interests. During the past 90 days, we have benefited from your advice and counsel during our deliberations on a wide range of issues. We appreciate the thousands of e-mails, postcards, letters, phone calls, and office visits we received.

With state revenues suffering from the effects of the global economic downturn, the state budget was a focal point of discussion this session. In the face of a billion dollar budget deficit, we passed a $13.8 billion balanced 2010 budget, 3.3% smaller than 2009. In doing so, we worked hard to protect Maryland’s critical support of public education and its commitment to our most vulnerable citizens. Two of us -- Sen. Rich Madaleno and Del. Ana Sol Gutierrez -- serve on the budget committees in our respective chambers. We reined in future spending, cutting more than $825 million from the budget overall while leaving an ample Rainy Day Fund. We were also able to secure a record level of state investment for the Montgomery County Public Schools ($624.4 million). In addition, we blocked attempts to transfer responsibility of the state-controlled teacher retirement system to the county.

We successfully fought to defend Gov. O’Malley’s tuition freeze at our state universities and increase funding for community colleges. Maryland is one of only a few states nationally that balanced its budget without significant tuition increases. We also worked to protect our investment in community services for Marylanders with physical and developmental disabilities.

Your District 18 Team also championed a number of issues related to energy and the environment. Del. Al Carr serves as a strong voice for our community on these issues on the Environmental Matters Committee. The District 18 Team championed bills to strengthen forest conservation laws, increase community participation in environmental decisions, and accelerate Chesapeake Bay cleanup efforts. These new laws will reduce greenhouse gas emissions and the discharge of harmful phosphorus into the Bay. We passed a bill to improve septic systems located near our vulnerable tidal wetlands.

We also successfully advocated for and passed all of the Governor's Smart, Green, & Growing initiative, an effort to curb sprawl by directing growth toward priority areas that have existing infrastructure. In addition, we passed legislation that improves the counties’ ability to invest in revitalization and transit-oriented development. After much debate, we were unfortunately unable to pass legislation to re-regulate the electric utility market.

We also worked hard this year to ensure the safety of our community and preserve our civil rights and liberties. A member of the Judiciary Committee, Del. Jeff Waldstreicher championed these issues. As you may know, in a widespread scandal, the Maryland State Police were found spying on peaceful activists such as antiwar protesters. The District 18 Team worked extensively to pass legislation to end this unconstitutional practice. He also led the effort to ban texting while driving, an extremely dangerous and distracting practice. In the area of child protection, the General Assembly passed two bills, authored by Del. Waldstreicher, making possession of child pornography a felony and allowing social service agencies to share crucial information to protect our most vulnerable children. These bills will be signed into law by Gov. O’Malley.

Driver’s licenses for undocumented residents and federal Real ID compliance became the dominant, controversial issue at the end of session. The final compromise, reached minutes before adjournment, changes the law to require proof of lawful presence for all new licenses issued after June 1, 2009. Current foreign-born license holders who cannot prove lawful status are permitted to keep their licenses until July 1, 2015. All license renewals will require proof of legal status and full compliance with Real ID after that date. We worked with our Montgomery County colleagues to reject more extreme measures that would have negatively impacted public safety and led to a significant increase in unlicensed and uninsured drivers on our roads.

Working together, we passed several bills aimed at improving local services, including one authored by Del. Carr to increase the transparency of procurement decisions made by the county school system. The delegation also secured $675,000 to renovate the MacDonald Knolls Center, a service center for the developmentally disabled in Silver Spring, and $175,000 to help complete the Latino Economic Development Corporation’s small business center in Wheaton.

Over the next few weeks, we will be preparing individual responses to many of the letters and e-mails we received during the session. We will also be posting items to this blog. In addition, the General Assembly’s website contains a great deal of information about our work, including the just released 90 Day Report. We hope you will continue to share your thoughts and concerns with us. Our individual contact information is listed below if you are interested in our individual positions on specific issues.

Thank you again for your comments and support this year.

Senator Rich Madaleno richard.madaleno@senate.state.md.us
301.858.3137

Delegate Al Carr
alfred.carr@house.state.md.us
301.858.3110

Delegate Ana Sol Gutiérrez ana.gutierrez@house.state.md.us
301.858.3181

Delegate Jeff Waldstreicher
jeff.waldstreicher@house.state.md.us
301.858.3130

Carr and Cheh Seek to Limit Light Pollution Across State Lines

2009-03-10T14:34:00.009-04:00

LIGHT POLLUTION IS A SAFETY HAZARD and A WASTE OF RESOURCES

(Washington DC) Today, Councilmember Mary M. Cheh of the Council of the District of Columbia and Delegate Alfred Carr of the Maryland House of Delegates held a press conference to discuss the importance of reducing light pollution across state lines. Both Councilmember Cheh and Delegate Carr have introduced light pollution legislation in their respective jurisdictions.

In the District, the "Smart Lighting Act of 2009" directs the Department of the Environment to consult experts and industry standards such as the Illuminating Engineering Society of North America and the U.S. Green Building Council's Leadership in Energy and Environmental Design initiative to determine outdoor lighting standards for the District of Columbia. The standards will eliminate unnecessary light that is emitted horizontally and upwards.

"We can no longer afford dumb lighting," said Cheh. "With smart lighting, people will be safer, the environment will be protected, and we will save money.. It's time to stop being wasteful and careless with our lighting."

In Maryland, "The Marilyn J. Praisner Safe and Earth Friendly Roadway Act" sets standards for the design of roadway lighting in order to maximize energy efficiency, minimize harmful glare and light pollution. The legislation is named in honor of Montgomery County Councilmember Marilyn Praisner. Ms. Praisner was a champion of this cause and was pursuing similar legislation before her untimely death.

The timing is right for this kind of legislation because PEPCO will be replacing obsolete mercury vapor streetlights in Maryland over the next few years. This bill will help ensure that the replacement lights are designed using the most environmentally friendly practices.

"I am proud to work in regional partnership with Mary Cheh on this important issue," said Carr. "When it comes to environmental progress, the government needs to lead by example. Establishing tougher outdoor lighting standards is important because it helps us save energy, improve safety and preserve our view of the night sky."

# # #

Coverage on NewsChannel 8

Coverage on WAMU

Encouraging Smart Growth and Helping Wheaton Businesses

2009-03-04T10:00:00.024-05:00

I am a big fan of Wheaton and its commercial district. Like a suburban Adams Morgan, it is an eclectic and diverse collection of restaurants, and businesses of all types and sizes. It is easily accessible via roads, bus and metro.

Veteran El Pollo Rico and newcomer DejaBel Cafe are located in the new building on the former Anchor Inn site.

Despite whatever stigmas people have, I think Wheaton has tremendous potential. I was thrilled last year when plans were announced for the opening of the Montgomery Cinema and Drafthouse on the Westfield property.

Friend Curtis Abernathy and your humble Delegate enjoy election night 2008 at the Montgomery Cinema and Drafthouse.

A core principle of smart growth is to direct resources to places where transportation and infrastructure already exist. The more we can do to encourage investment in our existing communities like Wheaton, the better.

Montgomery County and the State of Maryland agree with me. They have given Wheaton special designation as an "Enterprise Zone" to encourage investment through County tax credits. Wheaton's Enterprize Zone status is currently up for renewal. The other Enterprise Zones in Montgomery County are in Old Town Gaithersburg, Silver Spring and Takoma Park.

I am disheartened at the number of vacant storefronts that have popped up lately.

Blockbuster became e-beauty which is now closed. Too bad Sabang (the only area Indonesian restaurant) closed before we had a President that spent some of his early years Indonesia

I don't miss the pawn shop!

I had a hard time explaining to my six year old son why the Montgomery Cinema and Drafthouse closed. We had spent a fun afternoon there together having lunch and watching the movie Wall-E. This is a business that chose to locate in Wheaton but had to close their doors after only two months because of an adversarial relationship with their landlord and difficulties with the Montgomery County permitting process.

I have a few insights into what happened. A couple of years ago, I was tasked by my employer with selecting a new flagship retail store location for a high-technology consumer product. After looking at locations throughout the County, we chose Wheaton.

Mid-way through the process, I was surprised to learn that we were not eligible for Enterprise Zone tax credits despite bringing hundreds of thousands of dollars to invest in the fit-out of the store (which happened to be located in the same building as the Cinema and Drafthouse). The Drafthouse also received no Enterprise Zone Tax Credits despite the fact that they invested over $1 Million in downtown Wheaton.

Wheaton Mall is owned by Westfield Corporatation - a large multinational developer with U.S. headquarters in California. Westfield has been very aggressive about appealing the assessed value of their property as a way to lower their property tax burden. On the six properties that comprise the mall, Westfield filed appeals 20 times out of 30 annual appeal opportunities over the last five years. This means that they filed appeals not only after the triennial re-assessment, but even in the out years.

The Westfield shopping strip building that housed the Drafthouse has seen several other closures in recent months. Unitech and Checkers closed up shop. Circuit City is having a going out of business sale. The new Office Depot building nearby is also in the process of closing its doors and Bally's is in chapter 11.

The current Enterprise Zone program, as authorized by the state, provides tax credits to a property owner based on the increase in assessed value. However, many businesses in downtown Wheaton are tenants. A tenant business who wants to invest in Wheaton is ineligible for tax credits unless they can negotiate a pass-through arrangement with their landlord. This can present a conflict of interest - the property owner who is appealing to lower their tax assessment probably does not want to apply for a tax credit program that relies on an increasing assessment.

My bill HB614 addresses this problem. It would enable Counties to expand and improve the Enterprise Zone tax credit program so that tenant businesses could receive tax credits directly.

With the economic downturn in full swing, it is more important than ever that we take steps to help our economic development programs work as intended.

HB614 will be heard by the House Ways and Means Committee on the afternoon of March 5th in Annapolis. Senator Madaleno has sponsored the companion bill SB788 in the Senate.

UPDATE (2/25/2010):
I have re-introduced this legislation as a Montgomery-County-only bill (MC 2-10/HB861). It will be heard on the evening of December 1, 2009 before the House Delegation in Rockville. For more information, see the Montgomery County Delegation web site.

My local bill received a favorable vote from the County Affairs Committee on 2/25/2010.

UPDATE (3/20/2010):
The bill received a unanimous favorable vote from the House Delegation on 3/5/2010 and a unanimous favorable vote from the Senate Delegation on 3/11/2010. It was heard in the Ways and Means Committee on 3/11/2010 and awaits a committee vote.

UPDATE (3/30/2010):
The bill received a unanimous favorable committee vote on 3/27/2010 and it unanimously passed the House of Delegates on 3/30/2010)

UPDATE (4/12/2010):
HB861 bill received a unanimous favorable report by the Senate Committee and the full Senate. It is headed to the Governor's desk for signature.

A Cleaner, Greener Maryland

2009-02-26T19:06:00.013-05:00

President Obama and the Congress are considering ambitious plans for reducing our impact on the environment. All of us want to do our part to "go green". But how do we get there? What more can our state government do to help make progress?

I am the lead sponsor on a number of bills that would help Maryland take additional steps toward cleaning up our waterways, protecting public health from environmental threats and reducing our energy footprint:

HB1210: Chesapeake Bay Restoration Retail Consumer Choice Act - encourages the use of reusable grocery bags. Maryland retailers would collect five cents for each non-reusable consumer bag and the funds would be devoted to Chesapeake Bay restoration with a small portion going back to the retailer. I have been working closely with DC Council Member Tommy Wells on this issue and was quoted recently in the New York Times. Read the press release and get more information here. This bill will be heard on March 11th in the Environmental Matters Committee on which I sit.

HB816: Marilyn J. Praisner Safe and Earth-Friendly Roadway Act - Requires that engineers planning new and replacement roadway lighting use fixtures that maximize energy efficiency, minimize harmful glare and minimize light pollution. Implements recommendations of a state task force that Maryland Treasurer Nancy Kopp championed when she was a legislator. The bill is modeled after legislation adopted in Connecticut earlier this decade. Council Member Praisner had championed similar legislation for Montgomery County before her untimely death. The hearing is on March 10th. Senator Jennie Forehand has filed a companion bill in the Senate SB891.

HB1289: Demolition Reform Act - Lead contamination from demolished buildings can be a dangerous environmental hazard for children. This bill requires that contractors who are hired to demolish houses be licensed and follow basic standards for environmental protection. The hearing is on March 17th.

HB1238: Energy Efficient Televisions - Many Marylanders are complaining about sharply higher electric bills. Television sets and related equipment account for a large and growing portion of home energy consumption. Some of the new flat screen tv sets are not as energy efficient as they should be. This bill follows California's lead in establishing energy efficiency standards for television sets purchased in Maryland.

HB614: Enterprise Zones - County Tax Credits - Supports smart growth by expanding and improving an existing government program that encourages investment in downtowns like Wheaton and Silver Spring. The hearing is on March 5th before the Ways and Means Committee. Senator Madaleno has filed companion bill SB788.

The 2009 Legislative session has reached the halfway point. In the coming days, I will be working hard on these and many other initiatives. Click here to view the complete list of bills I am sponsoring or co-sponsoring this year:
http://mlis.state.md.us/2009rs/sponsors/carr.htm

Please feel free to contact my Annapolis office at any time. We can be reached at 301 858-3110 or alfred.carr@house.state.md.us. Hearing from you about your priorities is very important to me.

Click here to sign up for Al Carr's mailing list

The Chesapeake Bay Restoration Consumer Retail Choice Act of 2009

2009-02-12T07:18:00.010-05:00

FOR IMMEDIATE RELEASE CONTACT: Kristin Fulkerson
DATE: 2/12/09 Legislative Aide
410-841-3110

Delegate Al Carr Joined by Colleagues to Introduce Chesapeake Bay Restoration Consumer Retail Choice Act of 2009

(Annapolis, MD) Delegate Alfred Carr, Montgomery County, District 18, announced that he will introduce today the "Chesapeake Bay Restoration Consumer Retail Choice Act of 2009". The legislation puts a new focus on reducing the amount of trash that enters Maryland waterways and will raise money for Chesapeake and Atlantic Coastal Bays 2010 Trust Fund. Delegate Carr will be joined by Washington DC Council Member Tommy Wells who will introduce similar legislation that would fund restoration of the Anacostia River, which flows into the Chesapeake Bay.

"One way we can preserve the environment for our kids is to reduce the trash that clogs our waterways. A bird that is entangled in a plastic bag doesn't care whether it was discarded in Maryland or the District. I am proud to work with Councilmember Wells to make progress on cleaning up our interconnected natural areas" - said Carr

The Chesapeake Bay Restoration Consumer Retail Choice Act of 2009 will place a small 5 cent fee on all single-use plastic and paper carryout bags from retail establishments that provide carryout bags to their customers including grocery stores, food vendors, convenience stores, and drug stores.

The 5 cent fee will be divided between the business and the Chesapeake and Atlantic Coastal Bays 2010 Trust Fund. Businesses will retain either 1 or 2 cents of the fee, depending whether they offer customers a carryout bag credit program for reusable bags. The remaining amount of the fee will be deposited into the fund to target environmental cleanup and restoration efforts in the Chesapeake Bay.

Other jurisdictions are moving in this direction. New York, Seattle, and many European nations have already required, or plan to require, a small charge for plastic and paper bags. These initiatives have dramatically cut down on these single-use bags--by as much as 90% in some places. Also, many businesses are already taking similar steps on their own in addition to selling low-cost durable, reusable bags. Discount food stores like ALDI and Save-A-Lot, and even IKEA, charge customers a nominal fee for every bag--greatly reducing the number of plastic and paper bags used and encouraging people to bring reusable bags.

####

Councilmember Wells and I will be holding a press event today at 10:30am on the banks of the Anacostia.

More information:
Councilmember Tommy Wells' press announcement
Washington Post front page article on Carr and Wells' bills
Greater Greater Washington blog post
HB1210 will be heard on March 11. Track its progress here
Washington Post graphic on paper vs. plastic
Salon Magazine Article on plastic bags
Feb 24 2009 New York Times Article

We've got the Mass, let's increase the Transit!

2009-02-05T13:23:00.014-05:00

You have seen the news articles. Our roads are congested and will be made worse by continued growth due to BRAC and other development. Marylanders want more transportation options. They are riding transit in record numbers. But transit services are being cut. The public is vocal in their support for increased transit but is not being heard.

Part of the problem is a state transit decision process that needs fixing. The Maryland Transit Administration is the state agency which operates the MARC commuter rail service and many bus lines. Under current rules, MTA is able to cut transit service without adequate notice to affected communities and before the public hearing process is even completed. This happened in 2003, 2005 and in 2008.

Another part of the problem is how we fund transit. The MTA's budget is funded mainly by gas tax revenue and car titling fees. Paradoxically, when people drive less, transit service must be cut. In late 2008 and early 2009, the MTA cut MARC train service in order to help balance their budget.

I have proposed three bills that will help address these problems and build a strong foundation for greater investment in Transit:

HB199: Maryland Transit Authority - Public Hearings - Requires the MTA to improve the transparency of their public hearing process when reducing rail or bus service. Each affected community would have to be notified. Proposed cuts could not be implemented until the conclusion of the public comment period. (cross-filed as SB506 by Senator Lisa Gladden)

HB492: Commission on Governance and Funding for Commuter Rail - Under the current system, MARC Commuter Rail is funded by gas tax and car titling revenues. When people drive less and mass transit ridership is booming, the state must paradoxically cut service. Establishes a state commission to review and recommend options for better ways to fund and operate MARC train service (cross-filed as SB723 by Sen. Rich Madaleno).

HB206: New West Silver Spring MARC station - Asks the MTA to study the creation of a new MARC commuter rail station in West Silver Spring to serve the Linden neighborhood as well as housing growth at the Forest Glen Seminary, and job growth at the Forest Glen Annex due to BRAC (cross-filed as SB444 by Senator Rich Madaleno).

President Obama and the Congress are debating how a stimulus package will be best directed. Governor O'Malley has promoted an ambitious long-term road map called the MARC Growth and Investment Plan. Under his plan MARC commuter rail will be greatly expanded and will better connect with DC and Virginia. My proposed legislation dovetails with the stimulus discussions and the Governor's plan. They will help keep us on track toward a balanced transportation vision.

Another transportation-related bill I am sponsoring is HB 458: Searchable State Web Site for Roadway Crash Data. The State Highway Administration currently maintains a database of all crash statistics but it is only available to elected officials and on paper. This bill would make SHA's roadway safety statistics database accessible to the public via a searchable web site. The database does not contain any names or personal information.

These bills will be heard in the House Environmental Matters Committee at 1pm on Tuesday, February 17th in Annapolis. If you are interested in supporting these bills, please contact legislative aide Kristin Fulkerson in my Annapolis Office: 301 858-3110 or alfred.carr@house.state.md.us. You can testify in person, submit written testimony and/or ask your legislators to vote in favor of the bills.

Transparency for Public School spending

2009-01-27T20:36:00.013-05:00

Last year my colleagues and I were proud to support a bill that Governor O'Malley signed into law that promotes transparency of state agency spending. The law requires that details of state agency spending be posted on a searchable web site. The bill received overwhelming bipartisan support. It was modeled after a federal law that President Obama had sponsored when he was serving as a U.S. Senator.

Montgomery County Councilmember Roger Berliner has introduced legislation that would provide transparency for County Agency spending.

This year I am sponsoring state legislation that would bring the same transparency to Montgomery County Public Schools spending. If MC930-09 is enacted, MCPS would be required to develop a searchable web site on which are listed payments to any party who receives an aggregate payment of $10,000 or more in a fiscal year. The annual budget of the Montgomery County School Board is around $2 Billion which is almost as much as the budget for some entire state governments.

The hearing for this bill will be on Friday, January 30th at 9:30am at the Lowe House Office Building, 6 Bladen Street, Annapolis, MD 21401. Click here for more information.
If you would like to testify, please contact my office at 301 858-3110 or at alfred.carr@house.state.md.us.

You may also contact your Montgomery County Delegates and Senator to voice your opinion about this legislation.

The Montgomery County Board of Education discussed this proposal at their January 13th meeting:

Testimony on MC 906-09

2008-12-13T10:51:00.011-05:00

State legislation affecting only Montgomery County was heard at 7pm on the evening of December 12, 2008. There is information about local bills on the Delegation's web site at http://www.montgomerycountydelegation.com/

I wish to express my thanks to the staff of Montgomery Community Television (cable channel 21) who videotaped the lengthy hearing for later broacast (check the County Delegation's web site under Calendar for showing times)

Below is testimony on MC 906-09 beginning with my own testimony. We also distributed several handouts to the Delegation:

SDAT data showing the shift in property tax burden away from commercial properties and onto County homeowners between 2002 and 2009
Table 5 from the Council on State Taxation's FY08 Business Tax Burden Study showing Maryland with the lowest business tax burden in the nation.
Page 4 from the report of the Montgomery County Infrastructure Finance Working Group report demonstrating the decreasing share of the tax burden on business in Montgomery County

Good evening.

MC 906-09 would give Montgomery County an important additional authority during their annual budget process.

Currently, Maryland’s 156 municipal corporations are able to set different tax rates on different classes of property. But Counties must set a single rate for all real property. And the tax rate on business personal property must be set at 2.5 times the real property rate. MC 906-09 would extend the authority to set different tax rates on different classes of property to Montgomery County.

I believe that local governments need to have the flexibility to decide what tax rate structure best suits the needs of its citizens while keeping in mind its fiscal responsibilities.

This idea is not new.

Neighboring jurisdictions in Delaware,the District of Columbia,Pennsylvania,Virginia and West Virginia -and many other states have this authority. As enabling legislation, this bill does not raise anyone's taxes. The County could use this authority in a number of different ways. Or it could choose to retain the status quo.

In Fairfax County, Virginia, the board of supervisors enacted a modest differential tax rate on commercial property for the current fiscal year. This enabled them to raise $52 Million in new revenue for transportation improvements. Arlington County enacted a similar policy. Both of these initiatives were supported by members of local business community. This bill would allow Montgomery County to enact a the same policy.

Five Maryland Counties, the state, and many Maryland municipalities have eliminated their business personal property tax. This tax still exists in Montgomery County and it functions as our own local computer tax. Laptops, servers, and even furniture must be located, inventoried, assessed and taxed on an annual basis. Many of our current business development tax incentives do not easily flow through to small business tenants who do not own the building. With MC 906-09, the County might choose to eliminate the business personal property tax as part of a local stimulus package for ALL County businesses.

These are tough times, without a doubt.

Opponents of this bill will argue that its the wrong time to create the possibility of a tax increase on business. The reality is, however, that in this decade,there has been a shift in the property tax base away from commercial property and toward homeowners. Even after subtracting the Homestead Tax Credit, the share of County property tax paid by residential property owners increased from 75% in 2002 to 79% in 2009. However bad things are for commercial property owners, they are worse for County homeowners.

Opponents will argue that given the opportunity to raise discriminatory taxes on business, local government will do it every time.
This is simply false.
Of the jurisdictions in Northern Virginia that have this authority, half of them chose to retain a single tax rate for the current fiscal year.

MC 906-09 would give the County an additional fiscal and policy tool for budgeting.
During this time of great fiscal uncertainty, having greater flexibility is a good idea.
This is a good bill that will benefit the entire County including the business community.

I ask the Delegation to return a favorable report.

Other supporting testimony:
Montgomery County Civic Federation
Dick Strombotne - member of National Association of Retired Federal Employees
Mongomery County Public Schools Retirees Association
Service Employees International Union
UFCW Local 1984
Montgomery County Education Association
Progressive Maryland

Opposing Testimony:
Greater Bethesda Chevy Chase Chamber of Commerce
National Association of Industrial and Office Properties
Greater Washington Commercial Association of Realtors & Greater Capital Area Association of Realtors
Apartment and Office Building Association
Greater Silver Spring Chamber of Commerce
Montgomery County Chamber of Commerce
Kensington Business District Association
Verizon
Maryland Chamber of Commerce

Riding North America's Newest Transit Line

2008-12-04T13:15:00.026-05:00

As a kid growing up in Ohio, I was fascinated with railroads and transportation. The first passenger train I ever rode was a PCC car on the Shaker rapid (short for rapid transit) which is a light rail line that ran in the median in front of my godparents' house in Shaker Heights into downtown Cleveland. This rail line first opened in 1913 and was expanded and improved throughout the 1920s. Unlike many other U.S. cities, Cleveland never dismantled their light rail network and this line still runs today along with the "red line" heavy rail line.

My interest in tranportation continues and during my Thanksgiving trip back to Ohio to visit with family, my 6-year old son Miles and I spent an afternoon trying out Cleveland's new 9.4 mile "silver line" that opened a few weeks ago. I've ridden many commuter rail, heavy rail, light rail and conventional bus lines over the years. But this was my first experience with Bus Rapid Transit. Here in Maryland, several new transit lines are under consideration and I wanted to see for myself whether BRT might make sense. The lines under consideration in Maryland include the Purple Line, the Corridor Cities Transitway, and County Council Member Marc Elrich's thoughtful new proposal for BRT lines on suburban arterial roadways. Local blog sites Maryland Politics Watch, Just Up the Pike and others have been contributing to a lively debate of transit policies.

Bus Rapid Transit is very different than conventional bus service.

BRT uses a number of design features to gain many of the speed and efficiency characterics of light rail but at a much lower cost. Instead of bus stops and climbing steps up onto the bus, there are enclosed stations that allow you to enter onto the bus across a platform. The fare is paid in advance at a machine in the station instead of placing money in a farebox on the bus. The vehicle travels in dedicated lanes so that it does not compete with other traffic. Traffic signals are specially equipped so that they sense an approaching vehicle and remain green a little longer to let the vehicle pass through the intersection. Instead of a printed bus schedule, there is a frequency of one bus every five minutes at peak times. Cleveland's BRT vehicle use hybrid diesel-electric technology and low-sulfur diesel fuel to reduce emissions.

The silver line runs along Euclid Avenue which is one of Cleveland's main east-west thoroughfares. The eastern terminus of the new line is in East Cleveland at the Windermere/Stokes transit center and it runs through University Circle and on to Public Square in downtown Cleveland.

In addition to light rail, Cleveland has had a heavy rail line for many years. The heavy rail line is called the red line and it already runs between Windermere, and the two main hubs of activity at University Circle and Public Square (before continuing on to the airport). So why create a new transit line that runs between these same hubs?

The reason is that the current red line route bypasses many important points of interest because it follows an old freight railroad right of way. In a sense, the silver line is a do-over to correct missed opportunities from the past.

By following a direct east-west route down Euclid Avenue, the new BRT is able to directly serve many more points of interest such as Case Western Reserve University, Severance Hall, museums, Playhouse Square, Cleveland State University and the burgeoning healthcare institutions of University Hospitals and Cleveland Clinic (birthplace of your humble Delegate). The hospitals bought the naming rights which is why it is referred to as the "healthline". It is also designed to serve as a catalyst for revitalization along the entire length of this once grand avenue of commerce and culture.

Since Cleveland had existing light and heavy rail lines, why was BRT chosen as the mode for the new line?

The planning for the line began in the 1970s. George Voinovich (R-OH) was one of the proponents throughout his career path as a Cuyahoga County Commissioner, Lieutenant Governor, Mayor of Cleveland, Governor of Ohio and finally, U.S. Senator. It was originally envisioned as a rail line. But over the long period, changing federal transit funding rules and decreasing density in the City made the cheaper BRT mode emerge as the winning option.

The construction of the silver line provided an opportunity for the complete rebuilding of the avenue with enhancements to the form and function. Underground utilities were replaced, sidewalks were widened, street lights were upgraded, public art, benches and street trees were added all using sleek urban design features. Bike lanes were added along much of the route. As my mom pointed out, even the defunct 19th century coal chutes in front of many older buildings were filled in.

Our Impressions

We began our trip near the eastern end of the line at 118th street. This is also a station on the parallel red line. The glass and metal station is sleek, open and airy. There is an overhead information display to let you know when the next bus will arrive. At the eastern end of the line, the stations are placed along the side of the road.

The vehicle pulled up and we got on board. It is longer than a regular bus with an accordian section in the middle. It holds about 50 seated passengers and around 100 total including standees. It is fully ADA accessible and even has storage space inside for bicycles. The low sulfur diesel electric propulsion system is quiet. It emits 90% lower emissions and gets much better mileage than a standard diesel bus.

After we reached the end of University Circle, we observed that the stations move to the median.

According to Deputy General Manager of Operations Michael York, the vehicles have some unique design features. There is a precision docking system with an arm on the vehicle which connects to the station. The planners had seen it used in on a European BRT line and had to reverse-engineer it and get special permission from the feds to use it in the U.S. Also, there are doors on both the right and left side to accommodate the different station placement configurations.

The vehicles travel mostly in dedicated lanes with a 35 mph limit compared to a 25 mph limit in the adjacent automobile lanes. Car drivers are still getting used to the new lane markings and rules of the road. The picture below shows a lane configuration with bike lane along the curb, then a lane for cars and dedicated bus lane on the left. You can see the driver's hesitation to turn left from the right lane across the bus lane. This is a temporary problem that will correct itself as residents get more experience with a lane configuration that is different from what they knew for many decades.

We passed playhouse square where the narrowest right of way posed some design challenges. Median stations here serve vehicles going in both directions and passengers enter through the left side doors.

We enter the loop through the public square area downtown and remain on the bus for the ride back. At each stop, passengers are able to board quickly and efficiently.

Our travel time from downtown to University Circle is about 25 minutes. We spent more time than expected stopped at red lights. This should be addressed once the transit signal priority system (manufactured by GTT under the Opticom brand name) is fully activated shaving about five minutes off the trip.

Conclusions

Down the road in Washington D.C., a stimulus package is being debated that promises to invest in our infrastructure across the nation. We all hope that this results in smart transportation investments instead of more bridges to nowhere. Although the kinks are still being worked out, Cleveland's new transit line appears to be the former.

I came away convinced that BRT is a practical, efficient and cost effective transit option. Giving buses priority at traffic signals seems to be a key factor in achieving its full potential for fast trip times.

Here in Maryland it would be unwise to rule out BRT for the any of the new transit lines being considered. In a time of fiscal constraints, we need to keep all options open.

For Maryland's purple line, there is a lesson to be drawn about the choice of route. Cleveland made the mistake of bypassing a world class medical institution and other population centers when the original red line was built. An old freight rail line initially was the the path of least resistance but did not prove to be the best route over the long-term. We would be wise to learn from their experience.

Transit Signal Priority (TSP) is a system that can greatly benefit the capacity of conventional buses as well as potential new BRT lines. This seems to me like something that the Washington region should have implemented years ago. Maryland appears to have invested very little to date in testing or implementing such a system on our roadways. This stems from outdated policies that seek to maximize the movement of cars instead of the movement of people.

It is regrettable that Maryland's lack of experience with TSP is reflected in the planning and analysis for projects such as the purple line. The alternatives analysis/environmental impact statement is biased in that fails to adequately analyze TSP. This tends to make BRT appear slower that it might actually be. It also makes it harder to coordinate with the planning of transportation improvements for the BRAC expansion of the nearby Bethesda Naval Medical Center.

District 18 Town Hall Meeting - Oct 23rd

2008-10-16T22:47:00.002-04:00

District 18 State Legislators
Town Hall Meeting

Featuring:

State Senator Rich Madaleno
Delegate Ana Sol Gutierrez
Delegate Jeff Waldstreicher
Delegate Alfred Carr

Moderated by Charles Duffy.

Time/Place: Thursday Night, October 23 at 7 PM
Holy Cross Hospital,
1500 Forest Glen Road, Silver Spring, Maryland, 20910

Our state legislators would like to know what you think.
Come and ask them about:

Budget and Taxes
Slots
Transportation
The Economy
The Environment

Or Anything Else!

Are Maryland's Tax Policies Business Friendly?

2008-08-03T22:00:00.010-04:00

One of my areas of legislative interest is tax policy. I have over 20 years of business experience in the private sector and I also spent some time working on statewide issues including tax policies from the perspective of a local elected official. I am interested in tax policies that are beneficial to all Marylanders and that support economic competitiveness. Now that the computer tax question has been settled, I have been thinking about how our state and local tax policies stack up and about what we can do to modernize our economy and promote economic development.

The Maryland Daily Record recently highlighted a study that ranked major cities for their business friendly tax policies. The City of Baltimore was rated as having the fifth lowest tax burden for businesses compared with other large jurisdictions. Baltimore came out ahead of Atlanta, Phoenix, Denver and even Northern Virginia. KPMG conducted the study. The experts quoted in the article believe Maryland's business taxes are low.

Lawmakers hiked Maryland’s corporate income tax from 7 percent to 8.25 percent during Gov. Martin O’Malley’s special session in November. Many of Maryland’s small businesses were more affected by an increase in personal income tax, from 4.75 percent for the wealthiest earners to 5.5 percent, because many proprietors pay business tax through personal income taxes.
“Business tax rates, even with the increase that went in a year ago, are pretty low here,” said Richard Clinch, director of economic development at the University of Baltimore’s Jacob France Institute.

Montgomery County was not part of the study, but let's compare some current business tax rates here versus Baltimore City. Tax rates vary depending the area of Montgomery County in which a business is located. Let's pick the Wheaton central business district as a representative area.

Type of Tax	Baltimore City Rate	Montgomery County Rate	Winner
Real Property	$2.68 per $100	$1.185 per $100	Montgomery
Personal Property	$5.67 per $100	$2.964 per $100	Montgomery
Phone Tax	$3.50 per line	$2.00 per line	Montgomery
Electricity tax	0.5998 cents per kwh	1.384 cents per kwh	Baltimore City
Natural gas tax	$0.078 per therm	$.113 per therm	Baltimore City
Annual Traders License*	$160	$100	Montgomery

*assumes $25,000 stock in trade

Since Baltimore City ranks well nationally and Montgomery County has even lower business tax rates (except on energy) then it is safe to say that business taxes in Montgomery County are low.

But according to the article, business taxes are only part of the picture:

“Tax rates are one of a number of things that businesses look at,” he said. “You can have good tax rates and still lose, or you can have good tax rates and win.” Expensive employee costs and high rents are two issues that could stop a company from settling in any city.

Employee living cost is an area where Montgomery County does not fare as well. The cost of living is determined by market forces and is a reflection of the desirability of our community and our proximity to the federal government. Housing is a large component of employee living cost and unfortunately, housing costs have risen sharply in recent years. The housing bubble has been deflating, which helps the situation for first time home buyers. However cost increases in other sectors such as energy, transportation and food have nudged the total cost of living back up.

In future posts, I will share some thoughts about ways we can improve our quality of life, retain our competitiveness and enhance economic development. I will look at ideas for: holding down the cost of living for employees by promoting affordable housing, improving our transportation network, making our government more effective and efficient, fostering better energy policies and better tax policies.

Budget Problems Continue

2008-07-13T10:51:00.000-04:00

On Tuesday, the Senate Budget & Taxation Committee was briefed by the Department of Legislative Services (DLS) on our state’s finances and economic outlook. Unfortunately, the news is not good. I wanted to share with you some of the highlights from this meeting. All of the briefing documents are available on-line – just click here. The documents include a detailed summary of the budget reductions approved by the Board of Public Works last week.

While Maryland continues to perform better than other states during this national economic slowdown, we are seeing our revenue sources under perform estimates. Most critically, our two largest revenues accounting for 81% of total revenues, the personal income tax and the sales tax, continue to come in lower than predicted. Through May, the income and sales taxes were down $46.3 million and $23.9 million, respectively. Tobacco taxes have also come in $24 million lower than expected. Cigarette purchases are down by 25%. While this is good health news, it does add to our fiscal challenges.

It looks now as if our official revenue forecast for the fiscal year that began July 1st will also prove to be overly optimistic. If these same patterns continue for FY09, revenues will be off between $100 and $200 million. Fortunately, we have built in buffers in the FY09 budget totaling $226 million. However, every dollar of expected revenue that does not materialize eats into this buffer. As the buffer disappears, the anticipated deficit for the following year grows. Right now, the estimated FY10 deficit is $243 million. Without any excess revenue carryover from FY09, the FY10 deficit would be nearly $500 million.

The only good news is that this deficit is “cyclical” as opposed to “structural.” Our current problem is caused by a cyclical downturn in the economy as opposed to a structural imbalance in our spending and revenues. As a result, deficits are now only estimated for the next two fiscal years (10 & 11) if the slots referendum passes. We could use the $700 million plus we have in our Rainy Day Fund to help get through this cycle. However, without the revenues from slots, we will once again be facing a more than $1 billion structural deficit by FY12, and use of the Rainy Day Fund in this situation would be imprudent.

Perhaps the most interesting observation of our economic slowdown was that we are in a “slow-motion recession.” In 1991-92, the last time our state faced a severe economic crisis, our state experienced a rapid decline in our performance indicators. For example, at their peak in 1991-92, 35,000 Marylanders were making initial unemployment insurance claims per month. In the 2001-2002 downturn, initial unemployment claims were made by 25,000 Marylanders per month. Today, we have roughly 20,000 people making initial unemployment insurance claims per month, but that reflects an 18% rise over this time last year. Rather than a sharp rise in unemployment insurance claims coinciding with a steep set of job losses as we saw in 1991-92, we are seeing a gradual slowing of job growth combined with a steady increase in unemployment insurance claims.

In the short term, we are able to adjust our budget outlook to reflect these changes. In the long term, it seems as though the bottom of this recession will continue to elude us and will present larger budget concerns in the future. Should the recovery also turn out to be slow-motion, than our current revenue estimates for the out-years could also prove overly optimistic.

The housing slowdown is also causing significant economic problems for the state. Home prices are expected to be down anywhere from 5-8% for 2008, with a 12 month supply of homes on the market. While the state government does not use property taxes or transfer taxes for general fund expenditures, the housing market slowdown is impacted sales tax revenues. Construction-related sales tax revenues are down 6% this year. The decline in home sales and prices has a much greater impact on local government finances. The Maryland housing market does not appear close to a recovery and is expected to continue its decline, which is further evidence of the “slow-motion recession” that may stick with us for some time.

The general downturn is also having a significant impact on the Transportation Trust Fund (TTF). Both the gas tax and titling tax are below estimates. Coupled with a decline in sales tax revenues and the $50 million TTF reduction included in the legislation repealing the computer services tax, the TTF is behind $150 million in anticipated revenues. DLS reported that the current transportation program is unsustainable in this fiscal environment. As a result, projects will have to be eliminated from the program plan when the new six-year plan is released in the fall. This could make any new major construction unaffordable.

Compounding our transportation funding problem will be a lack of debt capacity should any new revenue become available. During the briefing, State Treasurer Nancy Kopp reported that the state will exceed its debt capacity guidelines next year for the first time in decades. Maryland has a self-imposed debt limit of 3.2% of total personal income. Thus, the state government’s total debt cannot exceed 3.2% of the total combined personal income of all residents.

Over the past six years due to a lack of surpluses, the state has issued bonds more aggressively to pay for projects such as new schools, roads, and prisons. With a slowdown in income growth, we will now exceed our debt limit. This is an extremely troubling development and one that the mainstream media did not report.

Treasurer Kopp informed the committee that her office will be contacting the credit rating agencies over the next few weeks to determine what effect this situation might have on our cherished AAA bond rating for the next few years. As you know, Maryland has maintained the highest bond rating (AAA) for decades because of our fiscal prudence. Our excellent credit rating reduces the interest rates incurred for state borrowing, ultimately saving the state, and taxpayers, millions of dollars. In order to retain our rating, we may need to scale back our commitment to capital expenditures dominated by schools construction and transportation improvement to keep our debt within our guidelines. With the rating agencies already concerned about our fiscal situation if slots revenues do not materialize, this confluence of issues could be just the “perfect storm” needed to jeopardize our AAA rating.

I certainly wish I had better news to report. It is often said that timing is everything in life. Last year, we finally took action to correct the state’s structural fiscal imbalance through a number of budget cuts and tax increases. I continue to applaud Governor O’Malley for addressing this issue which had festered for years. Unfortunately, this downturn comes just as we restored balance to our fiscal affairs. Such timing!

Looking for Taste of Wheaton Volunteers!

2008-05-10T11:29:00.002-04:00

The 13th Annual Taste of Wheaton will be next Sunday, May 18th. Once again, the MCDCC has a table and we are looking for volunteers to help us staff the table, register voters, and reach to voters on behalf of the Democratic party. We will set up around 11am and close up around 5pm. Please let me know if you are interested in volunteering for an hour or two. We have 12 slots to fill so we need all the help we can get! To volunteer please email me at Oscar_T_Ramirez@yahoo.com.

The Taste of Wheaton is a must attend event for anyone loving diverse and eclectic food. Held on the 3rd Sunday in May, this free, family-friendly event features $1 samples from dozens of Wheaton 's restaurants, along with live music, children's rides and activities, and exhibits from local businesses. Festivities take place from 11 am to 5 pm in Downtown Wheaton at the intersection of Grandview and Ennalls Avenues.

Vacancy on the County Board of Elections

2008-05-02T22:47:00.000-04:00

The Montgomery County Democratic Central Committee requests applications to fill a vacancy in the Montgomery County Board of Elections, which was created by the resignation of Mary Carter-Williams as a member of that Board on April 24.
The County Board of Elections consists of five regular members (3 Democrats and 2 Republicans) and two substitute members (1 Democrat and 1 Republican). The Chair is Sam Statland, and the other Democrats are John Sullivan and Jerry Garson. Mr. Garson was the substitute member and has become a voting member of the board by virtue of Ms. Carter-Williams’s resignation.
At its regular meeting on May 13, 2008, the Montgomery County Democratic Central Committee will vote to nominate a candidate to be the new Democratic substitute member. The Members of the Board of Elections serve for a four-year term and oversee the operations of the Board. Their work requires attendance at regular monthly meetings and considerable work, day and night, in the periods before, during, and after primaries and general elections.
MCDCC is soliciting applications from registered Democrats who wish to serve as substitute Election Board member.
To Apply: Please send a letter of interest and a resume or biographical sketch to the MCDCC at 3720 Farragut Avenue, Suite 303, Kensington, MD 20895-2195, or e-mail or fax them to MontgomeryDems@msn.com or 301-946-1002. The deadline to apply is 12:00 noon, Friday, May 9. Applicants will be interviewed by a committee of the MCDCC, starting at 7:30 p.m., May 12, in the order in which applications are received. Applicants will be notified on the afternoon of May 9 about the times of the interviews. Minorities, as well as women, are encouraged to apply.
Alan Banov (Legalrun@aol.com) and Karen Czapanskiy (KarenSyma@yahoo.com), are the chair and co-chair, respectively, of MCDCC Board of Elections Review Committee. Also serving on the committee are MCDCC Secretary Elliot Chabot and MCDCC Member Milt Minneman. The committee will make its recommendations at the May 13 MCDCC meeting. Applicants will be invited to appear at that meeting, but will not be expected to say anything more than to introduce themselves. The MCDCC will recommend that Governor Martin O’Malley appoint its selected candidate to the vacancy.
--Alan Banov

For safety's sake, PEPCO please cooperate!

2008-03-26T10:12:00.019-04:00

As covered in today's Gazette, I held a somber press conference yesterday in Kensington in memory of Karen Shprintz-Grossman, who was killed by an automobile while crossing Connecticut Ave after dark one year ago.

Besides local residents, I was joined by Delegate Jeff Waldstreicher, Kensington Mayor Peter Fosselman, Garrett Park Mayor Carolyn Shawaker, Chevy Chase View Councilman Peter Roman, MCDCC member Vic Weissberg, Temple Emanuel President John Wielgosz and Rabbi Warren Stone.

Karen was a wife, mother and first grade teacher at Temple Emanuel and was on her way to Friday evening services when she was struck. We remembered Karen and highlighted the need for cooperation by PEPCO officials in allowing upgrading of the street lights along Connecticut Avenue.

After Karen's death last year, the community came together to identify potential safety improvements for Connecticut Avenue. One of the top priorities identified by the community was to improve the lighting on Connecticut Avenue. Currently PEPCO owns and maintains the street lights in the vicinity of the accident, located just south of Kensington in the Town of Chevy Chase View. PEPCO leases the lights to the local government. Like much of PEPCO's network in older communities, the lights are obsolete and have been poorly maintained. Many of the light fixtures are more than 50 years old, are frequently burned out and do not even show up in PEPCO's records.

Sadly, there are other recent examples in Kensington of the connection between pedestrian tragedies and PEPCO's failure to maintain their street lights. Just a few months before Karen's death, 77 year old Silver Spring resident Antonio Parisi was struck and killed one evening crossing University Boulevard at Lexington street. All four of PEPCO's street lights at that intersection were not working at the time of the accident. And months before that Laurel Wolchok , an elderly Kensington woman was killed one evening walking home from dinner while crossing the street at University and Connecticut. The PEPCO street lights at that intersection were also not working.

As a Kensington councilman, I had worked with other municipal officials and my state delegation to successfully enact state legislation allowing municipalities to assume ownership and maintenance of their street lights. Jane Lawton sponsored HB875 and Sen. Rich Madaleno sponsored the companion SB423. Former Senator Sharon Grosfeld had laid the groundwork by successfully shepherding a similar bill through the Senate the previous year.

Municipal control of street lights has had great success in other jurisdictions including Washington DC, Connecticut, Massachusetts, Pennsylvania and New York. Local governments in those jurisdictions can get faster and better service, dramatically lower rates and are free to upgrade to the energy efficient lighting fixtures of their choice.

Chevy Chase View and Kensington are among the first Maryland municipalities to consider exercising their new authority and have approached PEPCO about a pilot program to assume ownership and maintenance of the street lights on Connecticut Avenue. The two Towns sent a letter to PEPCO and also held a recent face-to-face meeting which I attended. But pedestrian safety and municipal ownership of street lights appear to be low priority for PEPCO. Despite having a year to prepare, Pepco has yet to respond to the Towns' request with pricing, terms and conditions for municipal street light ownership.

To reduce the opportunity for utility foot-dragging, I have introduced HB1623 which will speed the process of converting from monopoly service to municipal ownership of street lights. Senator Madaleno has introduced the companion bill SB1012 which will be heard tomorrow in the Senate Education, Health and Environmental Affairs (EHEA) committee.

If the municipal pilot program is successful, Montgomery County may want to follow suit for their PEPCO owned street lights. Besides making safer streets, doing so could save County taxpayers about $22 million over the next ten years in energy and maintenance costs.

Testimony on SB690 - Crisis Pregnancy Centers

2008-03-07T16:48:00.002-05:00

Earlier this week, the Senate Finance Committee heard SB690, a bill I sponsored that would require so-called “Crisis Pregnancy Centers” to disclose that they are not medical facilities. I have been working with NARAL and Planned Parenthood to expose these centers for what they really are: fronts for anti-choice, anti-birth control groups that market themselves as full-service pregnancy centers but do not offer counseling on abortion or birth control. They use misinformation and flat out lies to scare young women from making well-informed decisions about their reproductive lives. One such common lie is that abortion greatly increases a woman's risk of breast cancer. One young woman was told that if she had a family history of breast cancer than she would certainly die from it if she had an abortion. Other women were told to immediately stop using birth control since it was the same as abortion. It is a troubling new tactic in the war on choice.

Below you will find the testimony I gave to the committee, and here is the link to the report that NARAL conducted that gives a comprehensive look at these centers.

SB690 – Limited Service Pregnancy Centers – Disclaimers

Crisis Pregnancy Centers (CPCs) have grown in popularity across our country as a place for young women to seek advice and counseling for unexpected pregnancies. Some states have gone so far as to provide state funding for CPCs with the understanding that these centers provide objective advice on the different options available for women in their situation.

Unfortunately, these CPCs are not as objective as they claim to be. Most of these centers are affiliated with pro-life, religious organizations and provide medically inaccurate information to young women to scare them from considering abortion or from using contraception in the future.

Some of the misinformation provided to these vulnerable young women includes claims that having an abortion increases the risk of contracting breast cancer; claims that having an abortion will complicate future attempts to get pregnant and may lead to miscarriages; and claims that having an abortion can lead to a debilitative mental illness. None of these claims are supported by the medical community, and they can scare young women from making a decision that could be in their best interest.

As such, SB690 would require CPCs to provide a disclaimer before women proceed with their counseling. The disclaimer would require CPCs to inform clients that they are not medical facilities, that women should seek the advice of a licensed health care provider before taking any action regarding their pregnancy, and that as a non-profit center they are not required to provide scientifically factual information. Young women should be aware of the limitations of these centers before choosing to receive their services.

As an adoptive father, I hold no prejudice against organizations that encourage adoption. However, they should by no means do so on the basis of misinformation, guilt, or shame. I encourage you to give SB690 a favorable report.

Another Sad Death of a former District 18 Central Committee Member

2008-03-06T21:36:00.003-05:00

Sadly, I report the death of another former District 18 representative to the Montgomery County Democratic Central Committee --Myrna Rosen Byer of Silver Spring.
She died on March 4 of cancer.
Below is the Washington Post death notice, which announces her funeral tomorrow, in the same Temple where we attended Dorothy Davidson's funeral on Monday:

MYRNA R. BYER On Tuesday, March 4, 2008 MYRNA R. BYER of Silver Spring, MD. Beloved wife of the late Jeffrey Byer; beloved sister of Richard Rosen of FL; loving aunt of Mindy Kushner, Robin Coburn, Mark, David and Stephan Rosen. Funeral services will be held on Friday, March 7 at 11 a.m. at Temple Emanuel, 10101 Connecticut Ave., Kensington, MD 20895. Interment will follow Judean Memorial Gardens in Olney, MD. Family will be observing Shiva at the residence of Mrs. Byer starting Saturday 6:30 p.m. through Saturday, 9 p.m. Contributions may be made to The Byer Jewish Enrichment Fund, c/o Temple Emanuel. Arrangements by HINES-RINALDI FUNERAL HOME, INC. under Jewish Funeral Practices Committee of Greater Washington contract.

She was a Democratic activist for many years, a member of MCDCC, and its Vice-Chair. (I believe she was the last District 18 member to be an officer of MCDCC before me.)
When I was nominated to be a vice-chair of my precinct (13-40 at the time), in 1989, she "vetted" me pesonally, to make sure I was a good Democrat.

She left active politics about 8 years ago and devoted her energies to Temple Emanuel, our synagogue. First she was active in the choir. Eventually she became president of the congregation.
She was a very sweet person. Her husband, Jeff, died a few years ago. They both owned a printing consulting company in Wheaton and had a home on the Eastern Shore, where she enjoyed boating.
Myrna, we miss you!
Alan Banov

Dorothy Davidson

2008-03-01T22:58:00.000-05:00

Sadly, Dorothy Davidson, one of the great Montgomery County Democrats, died this morning after a series of illnesses. She was a wonderful, funny, and warm person, and she was one of the best tacticians you could ever hope to have on your side. While she supported some losers, she was very successful in contributing greatly to the successes of Rep. Chris Van Hollen in winning the nomination and election in 2002. We will sorely miss Dorothy.

Her funeral will be at 11 a.m., Monday, March 3, at Temple Emanuel, 10101 Connecticut Avenue, Kensington, in District 18, where she was a Democratic stalwart for many years.

Burial will follow at King David Cemetery, and a luncheon will be held at Temple Emanuel following the burial.
We all extend our sincerest condolences to her husband, David Davidson, and the rest of her family.
Alan Banov

New Tools for challenging economic times

2008-02-27T16:28:00.003-05:00

One of the bills I am sponsoring this year is House Bill 676 (cross filed by Senator Madaleno as SB 561) which gives the 23 counties and Baltimore City an important additional authority during their annual budget process. Currently, Maryland’s municipal corporations are able to set different tax rates on different classes of property. Three municipalities in Prince George’s County currently are setting dual rates and several other municipalities across the State have explored this concept in recent years. House Bill 676 would extend the authority to set different tax rates on different classes of property to the counties and Baltimore City.

I believe that local governments need to have the ability to decide what tax rate structure best suits the needs of its citizens while keeping in mind its fiscal responsibilities. Currently, each county is allowed to set its Homestead Tax Credit percentage as is each municipality. This bill would add the right to set varying tax rates to the county governments.

As enabling legislation, Counties could keep their current single rate system or adopt a dual rate system.

My inspiration for the bill was based on my experience as a Councilman in the Town of Kensington. As a councilman I did a lot of work on tax and revenue issues and saw the Town tax base shifting away from commercial and onto residential properties.

This same shift is occuring at the County level in Montgomery County and other Counties. Even after the subtraction of the Homestead Tax Credit, there is still a statewide increase in residential base versus commercial base. I believe that the ability to set a lower tax rate on residential properties would benefit middle class families who do not benefit from the Homeowners’ Tax Credit, recent home purchasers who do not qualify for the Homestead Tax Credit, people who cannot afford to purchase a home but have their landlord’s tax bill passed on to them through annual rent increases, and property owners, struggling to keep up with increases in food, gasoline and utilities, who would benefit from any property tax reduction.

Other jurisdictions in the region, including Washington, D.C. and Virginia, have the authority to set different rates on different classes of property. Many states around the Country have this flexibility.

Opponents may argue that this bill is business unfriendly. However, some counties may actually choose to set a lower tax rate on commercial properties to either offset a low Homestead Tax Credit level or to foster economic development.

These are challenging economic times and local policy makers need to be able to craft solutions that make sense in their community.

Here in Montgomery County, this bill gives the County Council a greater ability to address affordable housing and help some residents who are falling through the cracks of existing tax relief programs. A lower tax rate on residential property would benefit middle class families who are not eligible for the Homeowners’ Tax Credit. For example, in Montgomery County a family with an income over $41,870 is not eligible for any Homeowners’ Tax Credit. A lower tax rate on residential property would mean less escrow money is collected at settlement from a home buyer.

The bill hearing is tomorrow in the House Ways and Means Committee.

Supporters of the bill include the Maryland Assoication of Counties, the Maryland Black Legislative Caucus, Montgomery County Government, Progressive Maryland, and the Montgomery Civic Federation. Opponents include the Maryland Chamber of Commerce and the Maryland Association of Realtors.

My Committee Assignment

2008-02-10T15:57:00.000-05:00

Wow, it is hard to believe that five weeks have gone by in the General Assembly.

I share an office with Delegate Karen Montgomery of District 14. Our administrative aide is Ms. Pat Duvall. I was fortunate to hire Ms. Jackie Abadir as my legislative aide. She had previously worked for former state Senator Leo Green of Prince Georges County and has been a great help in bringing me up the legislative learning curve.

I am told that I'll be spending most of my time as a Delegate in committee. Speaker Busch has assigned me to the Environmental Matters Committee. This is one of the "policy" committees - as opposed to the "money" committees. Besides the obvious, it has jurisdiction over a number of important areas including: housing and real property, homeowner's associations, motor vehicles and transportation, local government, land use, ethics, open space, agriculture and natural resources. It seems like a great fit for my background and interests.

I am already fond of my committee chair, Delegate Maggie McIntosh of Baltimore City. She has been welcoming and helpful to me as a new legislator. I can tell she has high standards and exhibits an inclusive style of leadership.

The committee will be working this year on important legislative initiatives in the areas of Climate Change, the Chesapeake Bay, Mortgage Lending and Foreclosures and expanding Speed Cameras beyond Montgomery County.

Chairwoman McIntosh has asked me to be the lead sponsor on an affordable housing bill that Delegate Jane Lawton had worked previously championed. The bill would enable local governments to waive certain fees for affordable housing construction projects.

This past week was a busy one. Thursday was the deadline for Delegates to introduce bills and be guaranteed a committee hearing. Bills submitted after the deadline must go before the Rules Committee before they can advance. It was a flurry of activity with Delegates putting the final touches on their bills and reaching out to their colleagues to request co-sponsorship.

As a former municipal official, I greatly appreciate the resources afforded to member of the General Assembly. In small municipalities, legislators have to do all their own legwork and research, so things take time. In Annapolis, legislators have professional assistance from the bill drafting department, the attorney general and the legislative library. Moving from idea to bill can happen incredibly quickly.

I am the lead sponsor on eight bills this year and co-sponsor on another 73 bills. Here is the page where you can track the status of legislation that I am sponsoring or co-sponsoring:
http://mlis.state.md.us/2008RS/sponsors/carr.htm

For my own bills, I am focusing on the environment, affordable housing, preserving open space, strengthening our economy and giving local governments better tools to be responsive to their communities.

Watch this blog as I will be posting more information about each of my bills in the future.

You can reach my Annapolis office by calling 301 858-3110 or by sending an e-mail message to alfred.carr@house.state.md.us

Al Carr

From the Baltimore Sun Session Blog: More immigration legislation from our congressional hopefuls

2008-01-11T17:05:00.000-05:00

Sen. Andy Harris, the Baltimore County Republican locked in a congressional primary battle against Sen. E.J. Pipkin and incumbent Rep. Wayne T. Gilchrest, announced today that he will introduce legislation to prevent illegal immigrants from getting in-state tuition at Maryland colleges and universities. Coincidentally, illegial immigration is a huge issue in the primary.

An interesting piece of this issue is that a bill that would have actually granted in-state tuition to illegal immigrants died last year (Harris notes in his news release that it failed after he threatened a filibuster). But Harris said that's not good enough.

“This year we must pro-actively work to protect resident status for those who are legal residents of Maryland. Its good public policy and common sense,” Harris said in a news release. He said the Board of Regents could act to give illegal immigrants in-state tuition on its own, so the legislature needs to act now.

“Why should we give even more incentives for illegal immigrants to flock to Maryland? Maryland is already one of the few states to give illegal immigrants drivers’ licenses. Now liberals want taxpayers to give each illegal immigrant over $53,000 to go to our taxpayer-funded state colleges and universities,” Harris said in the release.

During last year's debate, education officials said the actual cost to the state wouldn't be nearly that high and that most of the potential students in question would likely be going to community colleges.

A New Role for A New Session

2008-01-10T22:40:00.000-05:00

Each new session brings new changes. This year brings a new look for the Budget and Taxation Committee on which I serve. Our committee will now function with just two subcommittees overseeing the state’s operating budget.

As a result of this change, I am pleased to report that I have been designated as the Vice Chair of the Subcommittee on Health, Education, and Human Resources. This one subcommittee will review roughly 75% of the general fund budget, and my new leadership role will allow me a better chance to help shape policy on education and healthcare.

The First Vote in Annapolis

2008-01-10T22:37:00.000-05:00

Earlier this afternoon, marriage equality opponents attempted to turn a regulatory hearing on insurance coverage into a debate on the sanctity of marriage. A group of conservative Republicans on the Joint Committee on Administrative, Executive, and Legislative Review, of which I am a member, tried every angle to scuttle an attempt by the Maryland Insurance Administration (MIA) to define “domestic partners” in regulation. These regulations were issued to implement Del. Heather Mizeur’s bill mandating that insurance companies provide domestic partnership coverage for employers who request it. It was one of Equality Maryland’s signature pieces of legislation last year.

The bill was written to allow the MIA to come up with a definition they thought was fair to both insurers and employers, preventing insurers from making the definition too narrow and employers from making the definition too broad. Apparently, any definition at all was going to threaten the “institution of marriage,” which Del. Michael Smigiel (R-Upper Shore) dramatically pointed out, has been consistent since the “founding of our country.”

The opponents frantically tried to label this definition as a backdoor way of creating common law marriages. They tried to convince my colleagues that lawsuits would rain down on both insurers and the state. And they demanded that an Attorney General’s opinion was needed on the legal ramifications of creating this definition. But, they failed on every count. In the end, three quarters of the members present voted for my motion to adopt the regulations. Below are the votes of the members who were present.

Voting Yes:
Sen. Gwendolyn Britt (D-Prince George’s)
Sen. Jennie Forehand (D-Montgomery)
Sen. Lisa Gladden (D-Baltimore City)
Sen. Nancy King (D-Montgomery)
Sen. Alan Kittleman (R-Howard)
Sen. Rich Madaleno (D-Montgomery)
Sen. Paul Pinsky (D-Prince George’s)
Del. Bill Bronrott (D-Montgomery)
Del. Brian Feldman (D-Montgomery)
Del. Anne Healey (D-Prince George’s)
Del. Dan Morhaim (D-Baltimore County)
Del. Justin Ross (D-Prince George’s)

Voting No:
Sen. David Brinkley (R-Frederick)
Sen. Rich Colburn (R-Middle Shore)
Del. Addie Eckardt (R-Middle Shore)
Del. Mike Smigiel (R-Upper Shore)

January Breakfast Club Meeting Features States Attorney John McCarthy

2008-01-04T00:17:00.000-05:00

The District 18 Breakfast Club will meet on Monday, January 14th at 7:30am at the Silver Spring Tastee Diner. The speaker will be John McCarthy, Montgomery County States Attorney. This monthly event is organized by Susan Heltemes. Please come and invite your friends and neighbors.

Assembled at Last--Your District 18 representatives in the General Assembly!

2008-01-02T22:04:00.000-05:00

Some assembly was required, but tonight we had the opportunity to photograph Sen. Rich Madaleno (far right) with new Del. Al Carr and Delegates Ana Sol Gutiérrez and Jeff Waldstreicher.

-Photo by Alan Banov

Mortgage and Foreclosure Crisis

2007-12-29T00:38:00.000-05:00

I was looking through my mail the other day and saw a publication sent to me by the Office of Consumer Protection for the county. One of the articles in the Annual Report talked about the mortgage and foreclosure crisis.

While the whole article was interesting (I didnt know that there were more foreclosures in Montgomery County in the first quarter of 2007 than in all of 2006), what I found more interesting was where these foreclosures took place. The vast majority of the increase in foreclosures took place in 2 areas: the Germantown-Gaithersburg area, and, yes, D-18.

Legislation at the federal level to address this problem has passed the House but is unlikely to pass the Senate and, if it does, probably wont be signed by "our" President. I hope we can all vocally support any efforts that are made next year to take action at the state level...

Hancock Column in the Baltimore Sun

2007-12-28T11:34:00.000-05:00

The business columnist for the Baltimore Sun, Jay Hancock, wrote a great piece earlier this week. It starts:

Virginia crushes Maryland in Economic Ranking of All 50 States" was the provocative headline on last week's announcement by a pro-markets, pro-limited government research group.
That's true - if you don't measure poverty, education, business creation, household income, homeownership growth, venture-capital investment, broadband access, major league sports, cultural opportunities, sprawl and pollution.
Other than those areas, in which Maryland does better than Virginia, this is a terrible state in which to live, raise a family, hold a job and own a business.
To read the entire piece, click here.

Your District 18 MCDCC Members

2007-12-27T23:28:00.000-05:00

Here is a photo of your District 18 members on the Montgomery County Democratic Central Committee, as they ran for election, during the Kensington Labor Day Parade in September 2006.

From left to right:

Dan Adcock (District 20), with his son; Vic Weissberg (District 18), Alan Banov (District 18, at large), and Oscar Ramirez (District 18).
The car is driven by Sylvia Tognetti, Precinct Chair, Precinct 13-58, and my former campaign Treasurer.

(We couldn't get a mule, so asked the horse (with no name) to follow us!)

If you see Vic, Oscar, or me, tell us how the Central Committee can help you or how you can help the Democratic Party.

Thanks!

Alan Banov

Banov Blogging

2007-12-27T23:14:00.000-05:00

I look forward to using the blog to inform District 18 Democrats what their representatives on the Montgomery County Democratic Central Committee (Victor Weissberg, Oscar Ramirez, and I) are doing and thinking, and to ask for their help with various Democratic activities (such as voter registration, dollars for Democrats, buying tickets for the County Brunch and the Spring Ball).
Alan Banov
Vice-Chair, MCDCC and Member, MCDCC (at-large)

A New Experiment for the New Year

2007-12-27T01:03:00.000-05:00

Welcome to yet another new blog. However, we hope to make this one a little bit different. The contributors to this blog are the state legislators, their staff members, and the members of the Montgomery County Democratic Central Committee for the 18th legislative district in Maryland. We hope to use this blog to share information on happenings in Annapolis, Rockville, and Washington that impact the residents of our district. We hope you will take part by submitting comments. In doing so, we hope that you will stay respectful in your criticisms. We would request no anonymous replies. Thanks for taking part in this new experiment in constituent services.