2007 SESSION RECAP Print E-mail

At midnight on April 9, the Maryland General Assembly adjourned sine die. In this first session of a four-year term, several issues impacting independent higher education were debated. Following are the top legislative initiatives impacting MICUA members.

 

HIGHER EDUCATION


Review of Duplicative Academic Programs (SB 29) (failed)
A bill failed that would have allowed review of the 2005 Maryland Higher Education Commission ruling approving a joint Towson/University of Baltimore MBA program. As introduced, the bill would have affected all higher education institutions, but the bill was heavily amended in the Senate and House. The bill failed because the Senate and House did not reach a compromise on the amendments. Similar legislation passed last session but was vetoed by former Governor Ehrlich.

 

Plans for Programs of Cultural Diversity (SB 416) (failed)
This bill would have required nonpublic institutions of higher education to submit an annual report on their programs to promote and enhance cultural diversity. This measure passed the Senate but was stalled in the House where it was never brought up for a vote.

 

State Tuition Freeze (SB 108, HB 134) (passed)

Legislation introduced by the O’Malley administration passed prohibiting the Board of Regents of the University of Maryland and Morgan State University from increasing resident undergraduate tuition for the 2007-08 academic years beyond the rates charged in the 2005-06 academic year. The state’s budget includes an additional $16.2 million in funding for the institutions to make up for the loss in tuition revenue.

 

Blind and Print Disabled Students – Instructional Materials (HB 1056/SB 268) (passed)
Legislation passed requiring the Maryland Library for the Blind and Physically Handicapped to convene an Instructional Materials Access Guidelines Committee. The Committee will coordinate the distribution of instructional materials to blind and other print-disabled students. A representative of a private four-year institution of higher education will be represented on the committee.

 

CONSUMER PROTECTION

Personal Information Protection (SB 194/HB 208) (passed)
A number of proposals aimed at protecting consumers against identify theft were debated this session. The legislation that passed requires businesses to take measures to protect the personal information in their possession and to provide notice to individuals if there is a reasonable belief that this information may have been compromised.

 

HEALTH CARE SHORTAGES

State Board of Physicians – Sunset Extension (HB 282/SB 255) (passed)
Legislation passed extending the termination date of the Maryland State Board of Physicians (MBP). The bill also addresses fee set asides for all fees MBP collects. Specifically, MBP must pay all collected fees, including physician assistant fees, to the Comptroller of the State. If the Governor does not include at least $750,000 in the budget for the operation of the Health Personnel Shortage Incentive Grant Program and the Janet L. Hoffman Loan Assistance Repayment Program, the Comptroller must distribute 14% of the fees collected in FY 2008 evenly between the two specified loan and grant programs for health profession students; and the remainder of the fees are distributed to the MBP Fund. The bill reduces the fee set asides for the workforce shortage programs from 14% to 12% in fiscal 2009 until fiscal 2013 when the bill sunsets. The Health Personnel Shortage Incentive Grant Program and the Janet L. Hoffman Loan Assistance Repayment Program provide financial support for students and practitioners in critical health care shortage areas.

 

BUSINESS AND PROCUREMENT LAW

Living Wage: (HB 430) (passed)
The General Assembly enacted legislation to establish a minimum wage for employees working on state service contracts of over $100,000 at a level of $11.30 per hour in the six metropolitan counties and $8.50 per hour in the balance of the state. However, the living wage requirement does not apply to employees who are under the age of 17 or who work full-time for less than 13 consecutive weeks for the duration of the contract. Employers who provide health insurance to workers may pay a lower rate under certain circumstances. State contractors are not required to pay a living wage if doing so would conflict with a federal requirement or if they are:

• providing emergency services to prevent or respond to an imminent threat to public health or safety;
• a public service company;
• a nonprofit organization;
• another State agency;
• a county government (including Baltimore City); or
• required under State law to pay a prevailing wage that is higher than the living wage.

 

Maryland Heritage Structure Rehabilitation Tax Credit (HB 595) (passed)
This bill extends the Maryland Heritage Structure Rehabilitation Tax Credit Program, alters the geographic restriction on the awarding of commercial credits, and makes several other changes to the program. Specifically the bill:

• Removes the $30 million dollar cap;
• Extends the program to June 2010 (two year extension);
• Increases the single-jurisdiction limit to 75%, with additional roll over of unused funds from other jurisdictions; and
• Expands the time to apply for the credit.



2007 SESSION ISSUES – OTHER AREAS OF INTEREST

Chesapeake Bay


A proposal to levy a fee on developers to pay for Chesapeake Bay cleanup efforts died in the Senate over its fiscal impact during a time of budget uncertainties. The Maryland General Assembly did agree to allow leasing parcels of the floor of the Bay for oyster restoration and to reduce the amount of phosphorus from dish-washing detergents sold in Maryland.

 

Clean Cars


Legislation passed requiring cars sold in Maryland to face stricter emissions standards to reduce pollution.

 

Ground Rents


The legislature passed a package of bills that prohibits new ground rents, establishes a ground rent registry, and requires ground rent holders to issue regular bills and increase notification requirements for homeowners.

 

Smoking Ban


Legislation passed that makes smoking illegal in bars and restaurants—including private clubs such as the American Legion halls. The legislation will allow local health officials to issue waivers to businesses that can demonstrate a financial hardship.

 

Voting


The legislature approved bills to move up Maryland’s presidential primary to February 12. Separate legislation awards the State’s electoral votes to the winner of the national popular vote, if enough State’s elect to do the same thing. The legislature also approved voting machines that provide a paper ballot by the 2010 elections.

 

In-State Tuition for Illegal Immigrants


Legislation passed the House of Delegates that extend in-state tuition rates for public institutions of higher education to illegal immigrants. The bill failed in the Senate. This issue is expected to return next year.

 

Health Care


A major proposal to extend medical coverage to more than 100,000 uninsured residents passed the House of Delegates but died in the Senate. The bill raised the income level at which an individual or family qualifies for Medicaid. To help pay for the initiative, the bill doubled the tobacco tax to $2 per pack.

 

BRAC


Legislation passed establishing a BRAC subcabinet to the Governor’s office. The subcabinet, to be chaired by Lt. Governor Anthony Brown, will devise State strategies to handle the influx of up to 45,000 potential jobs coming to Maryland as a result of the BRAC decisions to consolidate and relocate military installations throughout the country. Higher Education will play a critical role in educating and training the workers and families expected to fill the jobs created through the BRAC decisions.

 

Government Efficiency


The Governor proposed and the Legislature approved the creation of StateStat. StateStat requires Executive Branch agencies to submit a strategic plan and performance measurement report to the Secretary of Budget and Management as part of its annual budget submissions. Agencies must adopt a strategic plan, and develop a comprehensive set of performance and citizen satisfaction measurements. The Governor hopes to utilize the StateStat program to realize efficiencies in Government prior to the enactment of new tax revenues or the passage of slot machine legislation.

 

LOOKING AHEAD…

One item not acted upon this year is the State’s pending structural deficit. Estimates indicate the deficit will approach $1.5 billion by Fiscal 2009. Governor O’Malley asked legislators to not address the deficit this year until he has had time to find efficiencies to reduce the cost of government. The issue will be the subject of much discussion during the interim with various commissions, task forces, Administration proposals, Budget Committees and other legislators.
 
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