By William C. Smith, Jr. | April 12, 2019
The state of Maryland lost its beloved speaker this past Sunday. Speaker Michael Erin Busch served as Speaker for 16 years and was a distinguished member of the House of Delegates for 32 years. The House of Delegates became a more inclusive institution under his leadership and our state is a better place because of him. I will always treasure the moments I had with him, the sage advice he dispensed, and his great sense of humor.
It is the Veteran, not the preacher, who has given us freedom of religion.
It is the Veteran, not the reporter, who has given us freedom of the press.
It is the Veteran, not the poet, who has given us freedom of speech.
It is the Veteran, not the campus organizer, who has given us freedom to assemble.
It is the Veteran, not the lawyer, who has given us the right to a fair trial.
It is the Veteran, not the politician, who has given us the right to vote.
It is the Veteran, who salutes the Flag,
It is the Veteran, who serves under the Flag,
To be buried by the flag,
So the protester can burn the flag.
– Anonymous
Dear Friend,
The 438th Legislative Session came to an end at midnight and although I wasn’t there to see the clock strike twelve I have much to report from what turned out to be a very successful session. As many of you know, I serve as an officer in the Naval Reserves and received orders to deploy to Afghanistan before the end of the legislative session. Understanding I would have to leave the legislature 9 days before Sine Die, our team worked diligently to advance my legislative agenda and to support important initiatives sponsored by some of my colleagues.
I have always believed military service to be amongst the most important contributions an individual can give to their community and our nation. My service has exposed me to people from every walk of life. From the third-generation Academy graduate fulfilling a family tradition to the immigrant looking to find their place in a promising new nation; service members make tremendous sacrifices to safeguard the values far too many take for granted. In supporting a mission overseas, I have begun to think more about just how fragile democracy can be. The form, function, and substance of our democratic experiment require constant vigilance and maintenance. Every year we in the legislature do our part in maintaining our democracy through enacting legislation and through vigorous debate over the issue of the day. The 2019 legislative session was no different.
I hope this end of session letter will provide you with some updates regarding the budget and other critical pieces of legislation that passed through the legislature and are now on the Governor’s desk. Please be on the lookout for monthly updates as my team will be monitoring community developments and will be responding to constituent matters while I am overseas.
Thank you for the honor of serving you in the Maryland Senate. I have always done my level best to ably serve the community that has given me so much through my life, and know that together we can work to ensure more Marylanders are given the opportunity to fulfill their greatest potential.
My 2019 Legislative Initiatives:
End of Life Option Act (Senate Bill 311/House Bill 399)
This year I was proud to serve as the lead Senate sponsor of the End of Life Option act. Working with advocates from Compassion & Choices and Marylanders for End of Life Options, the House sponsor, Chairman Shane Pendergrass, was able to shepherd this bill through the House of Delegates; passing by a vote of 74 to 66. When the bill crossed over, the Senate added a number of significant amendments and the bill ultimately failed through a dramatic tie vote of 23 to 23 with one abstention. Although I am disappointed we were not able to get this bill over the finish line this year, I am immensely proud of the work of our coalition and I am eager to continue working on this issue.
Non-Binary Gender Marker on State Identification (Senate Bill 196/House Bill 421)
This bill was the product of a conversation I had with a constituent whose child was applying for a learner’s permit and was faced with the deeply personal and complicated choice many Marylanders who identify as non-binary or transgender have to make: choose a license that doesn’t accurately represent who they are; forego the license or identification card altogether; or move to a jurisdiction that provides an accurate license. This legislation adds a third ‘unspecified’ option for Marylanders’ state identification cards, including drivers’ licenses, represented as ‘X’. In addition, it removes the onerous requirement for transgender Marylanders to submit documentation from their physician to the MVA before they can request a change be made to the gender indicated on their identification. This bill has passed and is awaiting the governor’s signature.
Modernizing Maryland’s Parentage & Adoption Proceedings (Senate Bill 697/House Bill 519)
This bill ensures that the adoption process for same-sex couples in Maryland is dealt with in the same manner as in the case of married couples of the opposite sex. The bill does this through gender-neutral language regarding presumptive parentage. Now, if the Governor signs this bill, the process of adoption will be the same for all married couples in Maryland. Streamlining and modernizing this process will have a profoundly positive impact on same-sex parentage and I am proud to have worked to pass this important bill. Special recognition goes to District 20 resident Fran Rothstein, who brought this issue to my attention and worked tirelessly to get this bill the attention it deserved.
Ending Solitary Confinement for Minors (Senate Bill 774/House Bill 1001)
Spending time in solitary confinement has proved to have significant adverse consequences on inmates’ physical and mental health. This is especially for juveniles. Senate Bill 774 states that a minor may not be placed in restrictive housing unless the managing official of the facility finds by clear and convincing evidence that the minor poses an immediate and substantial risk of physical harm to themselves or others. In addition, this legislation mandates that minors placed in restrictive housing have access to daily physical and mental health checks and to the same amenities, essentials, and educational programming as other prisoners. The ACLU of Maryland and Delegate Jazz Lewis (the House sponsor) played a significant role in getting this bill through the legislature and I couldn’t have been more proud to have worked with them on this issue.
Prohibiting “No-Poach” Clauses for Minimum Wage Workers (Senate Bill 328/House Bill 38)
I was shocked to learn that it is common practice in Maryland and throughout the country to include non-compete clauses in employment contracts for a significant number of low wage jobs. This practice impedes the ability of low-wage workers to change jobs in search of better working conditions and higher wages. In 2018, Maura Healey, the Massachusetts Attorney General, led an eleven-state investigation that estimated 80% of fast-food workers throughout the country are impacted by these contracts. Senate Bill 328 will nullify any non-compete agreement involving an employee making the state or local minimum wage. I am happy to report that Senate Bill 328 was passed by the House of Delegates and the Senate.
Ending the Rape Kit Testing Backlog (Senate Bill 767/House Bill 1096)
Maryland currently has a backlog of untested rape kits which delay and deny survivors of rape and sexual assault from finding justice. The General Assembly has taken steps to address this issue through the work of champions like Delegate Shelly Hettleman and Senator Sarah Elfreth. As passed, Senate Bill 767 requires that all rape kits be tested within 6 months of being collected. The survivor of a sexual assault must know that everything is being done to bring their attacker to justice, and these kits contain necessary evidence that can lead to the prosecution of perpetrators of rape and sexual assault. This bill passed both the House and the Senate and is now on the Governor’s desk.
Expanding Maryland’s Cottage Food Industry (Senate Bill 290/House Bill 527)
In order to keep up with the growing demand for local food, Delegate Charkoudian and I introduced legislation to expand the burgeoning cottage food industry. This bill will allow safe and clearly labeled foods produced at home bakeries or companies to be sold in food retail stores. This includes baked goods, fruit jams, preserves, jellies, natural honey, and more. These foods are already available at farmers markets across the state and now, if this bill is signed into law, we will able be able to access these delicious foods at our local retailers. I am happy to report that the House bill passed both the House and Senate unanimously.
Closing Loopholes in the Justice Reinvestment Act (Senate Bill 327/House Bill 274)
In 2016, the General Assembly passed the most significant piece of criminal justice reform legislation in a generation, the Justice Reinvestment Act (JRA). The JRA, among many other things, provided inmates convicted of non-violent crimes the opportunity to receive diminution credits for completing educational programs while incarcerated. Due to some confusion over the language of a specific provision of the JRA, the Division of Corrections limited the class of inmates eligible for diminution credits. Senate Bill 327 clarifies this language and expands the number of inmates eligible for diminution credits. This small but significant piece of legislation will save our state money and help to reduce recidivism. I am happy to report that this bill has passed both the House and Senate and is moving to the Governor’s desk
Requiring Government Buildings to Enact Diaper Changing Station Parity (Senate Bill 330/House Bill 1244)
Last year I became a father and have noticed there is a surprising lack of changing stations in men’s restrooms, especially in government facilities. I have had to change my daughter while holding her on my lap, or by rolling out a mat on a dirty bathroom floor. Senate Bill 330 will require the State government to lead by example by requiring any new men’s bathrooms in government buildings to include at least one diaper changing station. Senate Bill 330 has been passed by both the House and the Senate and is on its way to the Governor’s desk for his signature.
Preventing Veterans Suicide (Senate Bill 521)
Veteran suicide is an epidemic. In 2016, the US Department of Veteran Affairs reported 20 veterans commit suicide every day. This bill addresses this pressing issue by requiring the Maryland Department of Health (MDH) to develop a comprehensive action plan to increase access to and availability of professional veteran health services to prevent veteran suicides. I am very proud to report that this important legislation passed both the House and the Senate unanimously and will soon become law.
Tax Credits for Surviving Spouses of Veterans (Senate Bill 816/House Bill 81)
Today, local governments may grant a property tax credit for a dwelling owned by a retired member of the armed services or to the surviving spouse of a service member who was at least 65 years old. However, there still exists a loophole in which seniors whose spouse served in the armed forces but died before the age of 65 or before retirement were not eligible for credits. Senate Bill 816 will rectify this by ensuring surviving spouses get the benefits the legislature intended them to have. Delegate Jheanelle Wilkins lead the fight to get the bill passed through the legislature and I was happy to serve as her cross-file in the Senate. This bill passed both houses unanimously and is now headed to the Governor’s desk for his signature.
Reporting on Inmate Labor (Senate Bill 527/House Bill 78)
This bill will require the Commissioner of the Division of Corrections to include new information regarding inmate employment in an annual report. This information will provide a more complete picture of what jobs inmates do for work and how much they make. This information will enable the General Assembly to make more informed decisions regarding what job and training opportunities would be best suited to rehabilitate and reduce recidivism. This bill has been passed by both chambers under the leadership of Delegate Wilkins in the House of Delegates.
Reforming School Discipline (Senate Bill 766/House Bill 725)
In 2017, the General Assembly established the Maryland Commission on the School-to-Prison Pipeline and Restorative Practices to study and recommend new disciplinary practices most conducive to learning and keeping students in the classroom. The commission found that exclusionary discipline fails to reduce student misbehavior or increase school safety. Senate Bill 766 requires each local board of education to develop a multi-year plan for the adoption and implementation of restorative approaches in student discipline. The bill also requires that restorative approaches are used before a principal may expel or suspend a student for more than ten days. I am proud to have worked on this issue with our Delegate, Lorig Charkoudian, who was the champion of this issue and worked hard to see its passage.
Winners and Losers of the 2019 General Assembly Session
WINNERS
State Sen. William C. Smith Jr. (D-Montgomery)
Brewer. Patriot. Well, he’s not a brewer, but he is a patriot, having deployed recently to Afghanistan to do Naval intelligence work for eight months. And he did have a pre-deployment farewell in a brew pub in his district after running a series of public forums last fall in another brew pub in his district. But even before he was deployed, he put together an impressive list of legislative wins, including bills on family law, criminal justice reform and gender-neutral drivers’ licenses for non-conforming individuals. And while one high-profile bill, which would have created a legal aid-in-dying law in Maryland, fell short following a bizarre turn of events, Smith won plaudits for how he promoted the legislation and his magnanimous reaction after its defeat. There’s recent precedent in Maryland for military heroes enjoying political rocket rides (see Brown, Anthony).
Major Legislative Initiatives:
Protecting our Budget Priorities:
Working with our colleagues in the House we passed a $46.7 billion balanced budget that included a record $7 billion in total public education funding. This includes increased funding for special education services, teacher salaries, full-day pre-K services for low-income families, tutoring services for elementary school students who need help to get caught up with their peers, and additional funding for schools in areas with concentrated poverty. The state budget included $331 million in community college funding, including $6.5 million for Montgomery College, to finish the construction of the Math and Sciences building. The budget also provided for $6.4 billion in higher education funding, a cap on in-state college tuition increases, and more than $11.2 billion for the state’s Medicaid program.
The Blueprint for Maryland’s Future (Kirwan Commission):
The Blueprint for Maryland’s Future (also known as the Kirwan Commission) is a once-in-a-generation chance to modernize our outdated school funding formulas. This year, the General Assembly spent $255 million to fund the initial recommendations of the Kirwan Commission. This funding includes $75.0 million for teacher salaries, $65.5 million for special education grants, $54.6 million for low-income jurisdictions, $31.7 million for pre-kindergarten programs, $23.0 million for tutoring services, $2.50 million for teacher training, and $2.00 million for more guidance counselors.
Fight for Fifteen:
Too many Maryland workers put in an honest day’s work but cannot provide for themselves and their families. The Maryland General Assembly recognized this need andpassed SB 280 to increase Maryland’s minimum wage for all employers to $15/hour by 2025. The bill also included increased funding for Maryland’s DDA and other care providers to ensure they can pay their employees above the minimum wage for their important work in our communities.
Clean Energy Jobs Act:
Climate change is, without doubt, the most significant challenge facing the next generation. Climate change has already had a profound impact on military preparedness, industry, migration/immigration, and health outcomes for millions of people across the planet. We in Maryland can and must do our part to fill the leadership void at the federal level and act as responsible stewards of the environment. Our state law currently requires 25% of the energy used in Maryland to come from renewable sources by 2020. The Clean Energy Jobs Act, SB 516, will raise that threshold to 50% by 2030. Raising the threshold for renewable energy will be good for the environment but it will also unleash our state’s potential to create new quality green jobs. A special hat-tip to my District 20 teammate, Delegate Lorig Charkoudian, who did the yeoman’s work in shepherding this legislation through the House and for her fantastic performance in defending the bill on the floor of the House.
Election Day Registration:
In 2018, voters overwhelmingly supported a constitutional amendment to expand same-day registration to election day, an option which is currently available for those who choose to early vote. SB 449 implements election-day registration and directs the State Board of Elections to create the process for election-day registration for use starting with the 2020 presidential election.
Protecting the Chesapeake Bay:
For far too long, expanded polystyrene (more commonly known as Styrofoam) has polluted our waterways, littered our open space, and clogged our landfills. Styrofoam does not biodegrade and it cannot be recycled. The General Assembly acted this year and passed SB 285, banning the sale or use of single-use Styrofoam, becoming the first state in the nation to do so. The full ban does not take effect until 2020 in an effort to give small businesses an opportunity to acclimate to this change, the full ban does not take effect until mid-2020.
Raising the Tobacco Purchase Age:
Although the number of people who smoke has declined over the past decade, the introduction of vaping products such as Juul and other electronic nicotine delivery systems have induced more children to start. SB 895/HB 1169 raises the age to buy tobacco products like cigars, cigarettes, smokeless tobacco, and vaping products to 21. It also increases the penalty that those who sell tobacco products to minors. The bill also allows for the Maryland Department of Health to make unannounced inspections to establishments that sell tobacco products to ensure they are complying with the law.
Ban the Box:
One of the most effective ways to reduce recidivism is to assist incarcerated individuals in obtaining marketable skills so that they can find gainful employment when they return to society. Senate Bill 839 would prohibit employers from asking applicants about their criminal history before the conclusion of the first interview. An employer may still inquire about an applicant’s history at the conclusion of an in-person interview. The bill does not apply to individuals who provide care to children and vulnerable adults.
Protecting Federal Workers During Government Shutdowns:
During the latest federal government shutdown, many federal employees in Maryland had to worry about how they would pay their bills. Senate Bill 512 would prohibit utility companies from cutting off gas or electric service to furloughed workers during a government shutdown, as well as prohibiting a bank from foreclosing on furloughed employees. Senate Bill 391 allows federal workers who are required to report to work but are not being paid during a government shutdown to qualify for unemployment insurance or to receive no-interest loans. Once the government reopens and the employee receives back-pay they will have to repay the unemployment benefits or the loans.
Expanding the DREAM Act:
Currently, the DREAM Act allows certain undocumented immigrants who live and work in Maryland to qualify for in-state tuition at Maryland’s public colleges and universities. Under the existing law, someone can only qualify for in-state tuition if they first obtain an associate’s degree from a community college before transferring to a four-year institution as well as meet other criteria. Senate Bill 537 removes the requirement that someone has to go to community college before going to a four-year college, reduces the amount of time someone attended a Maryland high school to qualify for in-state tuition, while still requiring that these students and their parents be able to show a record of paying taxes to be eligible for in-state tuition. This bill will make it easier for Marylanders to attend school in their home state and become productive members of society.
Staff Update:
As you know, our office will remain fully operational to handle constituent cases while I am deployed. You can reach our team below at 301-858-3634 or by emailing will.smith@senate.state.md.us at any time.
Noah Karn has been an integral part of our team for the past three years and has served District 20 with passion. This year is Noah’s final legislative session with us as he will be graduating from the University of Maryland Baltimore County with a Bachelors in Political Science this May. Noah is looking forward to working in the upcoming 2020 campaign cycle for a Democratic candidate for President.
Our Legislative Assistant, Brad Fallon, served as the point person for the Senate Veterans Caucus by providing research and administrative support to the organization during the legislative session. Brad was also responsible for conducting research on various legislative matters and assisted our office in resolving countless constituent matters. Brad will be graduating this Spring from the University of Maryland, College Park with a degree in Government and Politics. Brad will be exploring job opportunities on House and Senate campaigns in the upcoming 2020 election after graduation.
After interning in the office of Delegate Joseline Pena-Melnyk, Janai Woodhouse came to our office to serve as our Legislative Aide in 2018. Janai has been an indispensable part of our team; overseeing constituent matters, administering our scholarship program, and by providing research for some of our most challenging issues. Janai will continue to work in our Annapolis office and throughout Silver Spring and Takoma Park until the fall when she begins her first year of law school.
Luke Pinton has served as my Chief of Staff since December of 2016 and works to support our ambitious legislative agenda, manage our office affairs, and will lead our team in my absence. As you all know, Luke has done a superior job in his role as Chief. Luke has provided me with counsel wise beyond his years and has served our community with distinction since assuming his role. I am happy to announce that Luke will attend law school in the fall but will remain on my team during the legislative session. If you need to reach him for any reason, please contact him at lpinton@senate.state.md.us.
All the best,
William C. Smith, Jr.
Maryland State Senator (District 20)