20080325 News Clips

NewsClips 03-25-2008

STATE NEWS

House votes for study of death penalty

http://www.baltimoresun.com/news/local/politics/bal-md.sbriefs25mar25,0,2104383.story

The House of Delegates voted 89-48 to establish a 19-member commission to study the death penalty in Maryland, defeating three amendments proposed by conservative lawmakers seeking to broaden the scope of the examination or to limit Gov. Martin O'Malley's influence over the committee. Del. Anthony J. O'Donnell, the House minority leader from Southern Maryland, sought to give the General Assembly the power to appoint the commission's two co-chairs and to ensure that those who served on it didn't work for an advocacy group. Both amendments were defeated soundly as supporters of the measure said the guidelines for the study were sufficient to ensure an unbiased look at capital punishment.

Panel to study immigration OK'd

The House of Delegates approved yesterday the creation of a commission to study the impact of immigrants in Maryland, a measure that won the support of lawmakers in a year of sharp rhetoric surrounding how the state should handle its population of illegal immigrants. Of the 32 bills filed this year dealing with immigration - most of which sought to cut off benefits to those who cannot prove they legally reside in the United States - the study commission may be the only step lawmakers can agree on. Del. Pat McDonough, a Baltimore and Harford County Republican whose proposals about illegal immigration were defeated this year, decried the commission, calling it "a preordained ruse designed to be able to qualify and justify legislation which this house continues to pass to benefit illegal aliens."

Bill on homeowners insurance advances

The House of Delegates has approved a bill aimed at protecting homeowners in coastal areas where some insurers have limited their business. Lawmakers acted after some insurance companies, including Allstate Corp., stopped writing new homeowner policies in coastal areas, including those near the Chesapeake Bay. Those areas are considered at greater risk of hurricane damage because of the warming of the Atlantic Ocean.
The bill would require that insurers get prior approval for excluding coverage on property because it's located in a certain geographic area. The bill also would require insurers to offer a discount on policies if homeowners make improvements to mitigate storm damage, like hurricane shutters.

Death penalty study gets OK

http://www.washingtontimes.com/apps/pbcs.dll/article?AID=/20080325/METRO/962596982/1004

Lawkmakers voted yesterday to create a commission to study capital punishment in Maryland after efforts to repeal the death penalty failed for a second straight year. The Maryland Commission on Capital Punishment also would study the risk of innocent people being executed and compare the costs of executing someone with the expense of imprisoning someone for life without parole. Republicans, citing Democratic Gov. Martin O'Malley's opposition to capital punishment, criticized the idea, saying commission was being set up to recommend ending the death penalty. Delegate Christopher B. Shank, Washington County Republican, described the proposal as "a textbook model on how to repeal the death penalty in your state." "Ladies and gentlemen, the verdict is already in before the jury has even gone out," Mr. Shank said.

Republicans denounce proposed death penalty study

http://www.examiner.com/a-1299938~Republicans_denounce_proposed_death_penalty_study.html

A proposed death penalty commission denounced by Republican leaders as a “stacked deck” for Gov. Martin O’Malley’s repeal position won approval in the House of Delegates on Monday. The House passed a study of Maryland’s death penalty practices after rejecting Republican-led efforts to reduce the number of governor appointees and exclude members who belong to public policy groups. “The outcome will be that the death penalty is racially biased, that it’s cruel and unusual punishment and that it’s more costly to use the death penalty than life in prison,” said Del. Michael Smigiel, a Cecil County Republican. Republicans have accused O’Malley of imposing a de facto ban on the death penalty by refusing to adopt new regulations after a December 2006 Maryland Court of Appeals ruling suspended executions until lethal-injection protocols are formally adopted.

To Illegal Immigrants, Md. Feeling Less Friendly

http://www.washingtonpost.com/wp-dyn/content/article/2008/03/24/AR2008032402512.html

Public anger against illegal immigrants, already entrenched in parts of Northern Virginia, is seeping into Maryland. With legislators facing unprecedented demands to take action, fears of a crackdown are spreading among illegal immigrants in a state that has been more tolerant of them. A record 20 bills targeting illegal immigrants have been introduced in the state legislature this session. Although none of the bills is expected to survive, their supporters are far more vocal and organized than in the past, and the movement has gained recent support in Maryland communities that include Mount Rainier, Gaithersburg and Taneytown. The 20 bills introduced in Annapolis -- a sharp increase from three last year -- include proposals that would require driver's license applicants to prove they are lawfully in the country, voters to confirm their legal status at the polls and local governments to enforce federal immigration laws. Opponents also appear to have stalled legislation to give in-state college tuition rates to the children of illegal immigrants. The measure won approval in both chambers in 2003 before being vetoed by then-Gov. Robert L. Ehrlich Jr. (R). Last year, the House again passed it, but it stalled in the Senate. This year, it is not expected to emerge from a House committee. "We have more people than we ever expected getting involved. They are mad, but until now, they didn't know what to do about it," said Brad Botwin, a Rockville resident who chairs the activist group Help Save Maryland. "For the first time, the delegates and senators are hearing the majority view on the impact of illegal immigrants on our state."

Maryland Lawgivers Act Under Deadline Pressure

Bill Flurry Includes Hospital Takeover, Emissions Cuts

http://www.washingtonpost.com/wp-dyn/content/article/2008/03/24/AR2008032401822.html

Maryland lawmakers advanced bills yesterday to take over the ailing Prince George's County hospital system, curb emissions believed to contribute to global warming and study the death penalty, in a spurt of action before a significant deadline for moving legislation. The House of Delegates voted 134 to 4 for an emergency bill that would establish a hospital authority to stabilize the Prince George's system as it seeks a new owner. The Senate voted 31 to 16 last night for a bill that would make Maryland one of four states to mandate caps on greenhouse gases from power plants, cars, trucks and other energy consumers. Both chambers yesterday approved the creation of a commission to study Maryland's death penalty, a panel that opponents argued is stacked to bolster the views of O'Malley and others against capital punishment. The Senate also moved forward last night on a bill that would expand Maryland's DNA database to include samples from people charged with violent crimes and burglary. In other action yesterday, the House voted unanimously for one of several bills this session that toughen restrictions on teenage drivers, but only after eliminating a provision that would have moved the curfew for 16-year-old drivers from midnight to 10 p.m. A measure designed to toughen enforcement policies against bullying by teens in public schools and on the Internet also passed the House unanimously and now goes to the Senate.

House OKs paid-leave benefits to care for sick family members

http://www.examiner.com/a-1299939~House_OKs_paid_leave_benefits_to_care_for_sick_family_members.html

A proposal requiring Maryland employers to allow employees to use paid sick leave to care for parents, spouses and children appears headed for final approval despite protests from business owners. Under the proposal, an employer would be prohibited from taking action against an employee who takes advantage of the expanded leave benefits. But some lawmakers said most companies already allow employees paid time off to care for family members. Howard County Republican Del. Gail Bates called the legislation a “solution looking for a problem.” Others expressed concern with maintaining state-required staffing levels at regulated health care facilities. During debate at a House session Saturday, Del. John Wood Jr., a St. Mary’s County Democrat and business owner, said many employees abuse sick leave, and unsuccessfully suggested removing provisions for spouses and parents and limiting the care of children to minors.

Referendum on police looks likely

http://www.examiner.com/a-1299947~Referendum_on_police_looks_likely.html

A bill that would allow voters to decide Carroll’s primary police agency moved toward expected approval in Annapolis. The bill unanimously passed the Senate on Friday without debate, unanimously passed the House Environmental Matters Committee on Monday morning and needs only to pass on the House floor. The measure would enable voters to override a commissioners’ plan to create a county police department with an appointed chief. “This set of commissioners has not allowed the public the proper hearing,” said Del. Tanya Shewell, a member of the Environmental Matters Committee who supports the referendum. Carroll’s state delegation narrowly supported the bill at first, with a 4-3 vote. But with the measure gaining momentum in the General Assembly, the three delegates who had opposed it pledged to vote in support if the bill made it out of committee, Shewell said.

Bill would ban state sanctuary policies

http://www.hometownannapolis.com/cgi-bin/read/2008/03_24-36/GOV

Some lawmakers want to withhold state aid from local governments with sanctuary policies that prohibit employees and police officers from asking someone's immigration status. Delegate Warren Miller, R-Howard County, introduced a bill to ban sanctuary policies and require "local governments to fully comply with and support federal immigration law." Non-compliance could result in loss of some state aid for policing. The bill is "an attempt to de-incentivize illegal immigration," Mr. Miller said. Supporters said illegal immigration is a serious crime that should not be condoned. "Where is the justice in allowing illegal immigrants to access our community services and infrastructure that tax paying citizens have made available?" said Carroll County Commissioner Michael Zimmer, in written statements submitted to the committee. Taneytown, in Carroll County, considered an initiative earlier this year to specifically declare itself a non-sanctuary city. It was defeated. Illegal immigration is costly for county governments, Mr. Zimmer said. "The time for firm action is now."

House examines funeral home industry

State ban on corporate ownership comes under scrutiny

http://www.baltimoresun.com/news/local/politics/bal-md.funeral25mar25,0,2235454.story

In Maryland, the only way to own a funeral home is to be a licensed mortician - or to hold one of about 60 corporate licenses that were grandfathered in when lawmakers in 1945 barred corporations from owning funeral homes. The result, some say, is that competition is limited and consumers pay too much for funerals in Maryland - as much as $800 more by one estimate. But others say the rules help maintain the highest standards for the industry. In the aftermath of a federal judge's ruling last fall that the ban on corporate ownership is unconstitutional, state lawmakers are weighing changes to the way the state regulates funeral homes. State law currently allows only licensed morticians - or, if they die, their surviving spouses - to own funeral homes and prohibits them from incorporating. U.S. District Judge Richard D. Bennett ruled in October that the provision preventing most corporations from owning funeral homes was unconstitutional. However, he affirmed the requirement to have only licensed morticians own funeral homes. The state morticians board also argues that it only has the power to regulate morticians' licenses - so it would have no authority over corporations if they were permitted.

EDITORIALS/OP-EDS

Economic danger

Our view: Missing visas could damage Maryland's economy

http://www.baltimoresun.com/news/opinion/editorial/bal-ed.visas25mar25,0,3980806.story

Maryland's seafood processing industry is once again in the crossfire of the battle over national immigration policy, and the economic pain could be severe. Nearly 70,000 foreign workers who have received temporary visas in past years to work as crab-pickers and food processors in Eastern Shore plants will be locked out this year unless Sen. Barbara A. Mikulski and other members of the state's delegation can dismantle a congressional roadblock standing in the way of legislation that would provide their visas. Congress should recognize that these workers and the businesses that employ them have been participating in an immigration program that works and give a green light to these urgently needed visas. Senator Mikulski has repeatedly negotiated exemptions from visa limits in the past. But this time, the House Congressional Hispanic Caucus is blocking a measure that Ms. Mikulski has steered through the Senate. However, opposing this program isn't going to produce the national immigration reforms caucus members seek. At a time when the national economy is seriously troubled, the temporary visas should be approved and the Hispanic caucus should focus its efforts on the bigger fight over immigration policy that awaits the next Congress.

Graduation tests will harm students

http://www.baltimoresun.com/news/opinion/oped/bal-op.testing25mar25,0,2772361.story

Beginning next year, Maryland students will face an additional hurdle to graduate from high school - passing four state tests. Students will be unable to receive diplomas if they fail the Maryland High School Assessments (HSA), even if they pass all of their classes during the year. Fortunately, the General Assembly is considering legislation that would eliminate this one-size-fits-all graduation requirement. Furthermore, a report from the National Academy of Sciences concluded that high-stakes tests do not improve the overall level of education in schools, but instead often penalize students, especially students of color, who initially received inadequate instruction. We must scrap this reliance on testing and emphasize effective strategies, such as high-quality teaching and learning, equal funding, stronger professional development, improved curricula and multiple measures of assessment, all of which can improve the graduation rate for all students. The research speaks for itself - high-stakes testing hurts, rather than helps, our students. It's time to demand a change. Let's not let test scores determine students' future life chances, educational opportunities and employment. The health of our democracy depends upon a more thoughtful solution to the ills of our public education system than testing our way out of them.

Wine-nos prevail in the General Assembly

http://www.examiner.com/a-1299928~Wine_nos_prevail_in_the_General_Assembly.html

The liquor distributors won again. For at least until next year, Maryland consumers must buy wine from a few select distributors instead of from the producer of their choice. Bills to allow consumers to order wine over the Internet from wineries and other merchants failed to make it out of committee in both the state House and the Senate this session. So for one more year, Maryland will continue to lose tax receipts as consumers flout the law by purchasing wine out of state and smuggling it in, and restaurant patrons will choose from a stunted wine list chosen by companies who worry less about your palate than facing competition. Those who choose to purchase wine in Maryland will also pay more for the privilege, as limited competition means higher prices for consumers. The liquor lobby says opening up the wine market — as about 38 other states have chosen to do — would hurt Maryland wineries, cut distribution jobs and make it easier for children to purchase alcohol. Think about what would happen if the same protections applied to clothes. Would it be fair to restrict Marylanders to buying clothes only from authorized retailers in Maryland, prohibit them from buying clothes online and arrest those who purchase more than two items out of state? (Wine regulations prohibit residents from purchasing more than two bottles out of state.) No. So why is it OK for wine?

Teachers' union yields to fiscal blackmail on slots

http://www.hometownannapolis.com/cgi-bin/read/2008/03_24-13/OPN

With Senate President Mike Miller pointing a funding gun at its head, the Maryland State Teachers Association has blinked. In deciding this month to support a November referendum item that would legalize slot machines in Maryland, the teachers' union has determined that the ends justify the means - even if the threat of exposing students to a spreading gambling culture flies in the face of what teachers should care about the most. Citing the state's dismal fiscal outlook, the union was convinced - and apparently unnerved - by the threat from Mr. Miller, a longtime slots promoter, that its lack of support could result in painful cuts in public education. According to published reports, Mr. Miller warned that without slots revenue, lawmakers might be forced to look for other funding sources for teacher pensions. And if hamstrung local jurisdictions have to help fund those pensions, they may decide to spend less on raises for teachers. The state's funding woes come and go, but slot machines, if approved, will be here "forever," as state Comptroller Peter Franchot, a slots opponent, aptly puts it. Even in harsh fiscal times, the state legislature has found ways to enhance education funding without resorting to slots. It can do so again in the years to come.