April 16, 2023
Dear Neighbor,
What a year! And it’s only April.
As you probably know by now, I have moved from the House over to the Senate. I am still here to provide you with the same great constituent service, in partnership with your House members, Marc Korman, Sara Love and new Delegate Sarah Wolek. Former Senator Susan Lee is still representing us, only now as Secretary of State!
Change didn’t just affect our district. For the first time in decades, Maryland swore in new individuals to every statewide constitutional office. That changing of the guard, including a new Governor, Lt. Governor, Comptroller, and Attorney General, has created a more cohesive State government with a level of partnership between the executive and Maryland General Assembly that hasn’t existed for nearly a decade.
As a result of that increased level of collaboration, we were able to truly make the most of our 90-day legislative session despite an increased level of economic uncertainty and difficult budgetary decisions. Because it is the first year of a term, our goal is to put Maryland on a path to prosperity and advance issues that will define the next four years. I am incredibly proud to say that we accomplished those objectives.
We made historic investments in public education through the Blueprint for Maryland’s Future, created a path to economic prosperity for working families by accelerating the State’s $15 an hour minimum wage and further implementing Paid Family and Medical Leave, and responded to the recent extreme United States Supreme Court decisions by safeguarding the right to abortion access and increasing public safety by limiting the number of guns in our communities.
As Vice Chair of the Health and Government Operations Committee for the first half of the 2023 legislative session, much of my time was focused on improving access to quality health care, strengthening our healthcare workforce, and leading both chambers in the successful four bill Reproductive Rights legislative package, which will make Maryland a leader for women’s health in post-Dobbs America.
When I moved over to the Senate, I continued to focus on healthcare, and also expanded my work to include the major issues on the Judicial Proceedings Committee, including gun safety and criminal justice. I was also elected Vice Chair of the Montgomery County Senate Delegation. I am especially pleased that I was able to pass a bill to repeal the spousal defense for sex crimes (SB129). This bill ensures the same protection and access to justice for married individuals that unmarried couples already have.
I am particularly proud of my legislation to improve the infrastructure and operations for the Maryland Board of Nursing (HB 611/SB 960) and to provide sustainable funding to the 988 Suicide and Crisis Lifeline (HB 271/SB 3) system to help address the behavioral health crisis in our State. Tragically, suicide is on the rise, and is now the second leading cause of death for people ages 10-34.
I also authored critical public health and health equity legislation. I established a Commission on Public Health which will look back at the lessons learned from COVID and help Maryland build the Public Health infrastructure we need to best address future public health crises. SB806 looks at how to begin closing the gap in access to insurance coverage for our Latino population. Did you know that while Maryland has a low 6% uninsured rate, a whopping 21% of our Latino population lacks health insurance?
The 2023 session marked a new spirit of cooperation and collaboration between the General Assembly and the Governor’s office, and I am happy with all that we accomplished on behalf of Marylanders this year. The General Assembly passed groundbreaking legislation to address our healthcare challenges, invest in education, protect our environment, and continue our efforts to address inequality and social justice.
Here are some highlights of the recently concluded 2023 legislative session.
HEALTH
Safeguarding Women’s Health and the Right to Choose
In response to the Dobbs decision, Speaker Adrienne Jones asked me to develop a legislative package that would ensure reproductive rights are meaningfully protected in Maryland for generations. Senate President Ferguson and Governor Moore agreed. We built a team of all-star bill sponsors and together, we passed the 2023 Reproductive Health Protection Package, beginning with the Declaration of Rights: Right to Reproductive Freedom (HB 705/SB 798). This constitutional amendment will enshrine the right to reproductive freedom in our Maryland Constitution if voters approve a statewide referendum in November 2024. I partnered with student activists on a bill to improve Access to Reproductive Healthcare at Public Institutes of Higher Education (HB 477/SB 341). This bill requires all 4-year public higher education institutions to develop a reproductive health access plan to provide or refer for the full range of reproductive health services to include birth control, sexually transmitted infections prevention and treatment, and abortion services and will make Maryland first in the nation to require 24/7 access to over-the-counter contraception, including condoms and emergency contraception.With the Reproductive Health Protection Act (HB 808/ SB 859), Maryland will not aid or support any out-of-state investigations concerning reproductive care sought in the state and offer protection from criminal charges, civil litigation, and administrative penalties. Finally, we passed the Data Privacy Act (HB 812/SB 786), which provides an extra layer of protections for reproductive health information that may cross state lines in electronic health information exchanges.
Growing our Healthcare Workforce
Maryland’s nurses care for the sick, frail, and vulnerable in our society – and they have been heroic throughout the pandemic. They deserve a Licensing Board that is fully staffed and functional. I am so pleased to have sponsored HB 611/SB 960 which provides the Board of Nursing with financial and organizational tools it needs to become a first-class operation, eliminating licensure backlogs and letting nurses be nurses.
Similarly, SB 871 and SB 145 address the concerns we have heard from Social Workers about certification and licensure, requiring them to notify applicants of whether their application was complete, as well as create a workgroup to evaluate the examination process to make it more equitable. I also supported the passage of HB 454/SB 187, which supports international healthcare providers working in the US by allowing the use of a Taxpayer Identifiable Number or other alternative documentation when social security numbers are not yet available.
Expanding Healthcare Access for all Marylanders
The 9-8-8 Trust Fund bill (HB 271) invests $12 million in the 9-8-8 suicide prevention and mental health lifeline which provides crucial behavioral health services to those in need of immediate intervention. HB 401/SB 449 updates audiology regulations to be consistent with the Federal Government’s newly established over the counter hearing aid rules. I also sponsored a bill establishing the Commission on Public Health (HB 214) which will study the successes and failures of the COVID-19 pandemic response to modernize Maryland’s public health infrastructure.
I was proud to support legislation that requires public and private health insurers to provide coverage for biomarker testing which helps patients target their treatment for cancer and other diseases (HB 1217). We also passed legislation that eliminates the copayment for follow-up breast cancer examinations when there is an abnormality detected, or when there is a family history of breast cancer (SB 184). We also passed legislation that ensures that low-income families who receive health insurance through Medicaid have equal access to gender affirming care as families with private insurance (SB 460).
BUDGET
The General Assembly collaborated with Governor Moore to pass a balanced budget that fulfills his promise to leave no one behind. It provides full funding for each of the statutory formulae in law for public education – including $940 million for Montgomery County Public Schools. There is also a $900 million to fund and secure the sustainability of the Blueprint of Maryland’s future, which will expand early childhood education, increase teacher’s salaries, and provide aid to help struggling schools adequately prepare students for college and careers. $84 million is being put towards the construction of new schools across Montgomery County, as well as a 2% cap on in-state student tuition increases. The budget also includes $100 million for transportation funding, including $27 million in capital funding for the Montgomery County bus rapid transit program, and an additional $5 million investment into purchasing zero-emission buses. A $5 million investment is also in place to support abortion care and family planning services, as is the appropriation of direct State support for mental health and substance use programs. I am happy to report that there remains a strong Rainy Day balance to hedge against revenue volatility and to provide seed money for strategic investments.
HELPING FAMILIES
Education
Governor Moore’s pledge to leave no one behind put the spotlight on education. The General Assembly responded by not only providing $900 million to fund the Blueprint for Maryland’s Future but with initiatives that invest in our students and teachers. The SERVE Act (HB 546/SB 551) creates a paid service year option for high school graduates to work for community organizations and nonprofit groups with the goal of providing participants with the professional skills and experience to fill future staffing needs across the State. The Maryland Broadband Expansion Incentive Act (HB 551) will study how best to expand broadband internet access and increase opportunities for all Marylanders.
Maryland’s teacher shortage is impeding our school systems from reaching their achievement goals. The Maryland Educator Shortage Act of 2023 (HB 1219) establishes a program to encourage college students to pursue careers in teaching, creates alternative pathways to certify highly qualified Pre-K teachers, and expands financial opportunities as well to assist in recruitment and retention of teachers and mental health professionals. And speaking of mental health, this bill will also repay up to $30,000 in student debt for mental health professionals that choose to work in our public schools, helping address the mental health crisis our children are facing.
Keeping Pace
Last year my longstanding priority, the Time to Care Act, established a statewide Family and Medical Leave program that provides financial support to those who need to take time from their jobs to care for themselves or a loved one. This year, SB 828 modifies the Time to Care Act to eliminate the provision that someone must use all other forms of leave before they could use FMLA time, among other changes to make the implementation run smoothly. The Fair Wage Act (SB 555), one of Governor Moore’s legislative priorities, raises Maryland’s minimum wage to $15 beginning January 2024. SB 202 will lower prescription drug prices for Marylanders by strengthening our first-in-the-nation prescription drug affordability board.
Seniors
Two pieces of legislation spotlight challenges that many of our seniors and their families experience. The Affordable Life, Wills, and Estate Planning for Seniors Grant Program (SB 351) establishes a grant program that will give seniors with moderate financial means access to affordable services to create last will and testaments, powers of attorney, special needs trusts, advance health care directives, and life estate deeds. Meanwhile, the Task Force on Preventing and Countering Elder Abuse (HB 1191/SB 797) will study existing laws and practices related to elder abuse and crimes commonly committed against older adults and recommend much-needed changes.
Veterans
Our veterans deserve our gratitude and support for their service. Two of Governor Moore’s legislative priorities to improve their quality of life here in Maryland received overwhelming support in the General Assembly. I was honored to co-sponsor the Keep our Heroes Home Act (HB 554/SB 553) which increases the State tax exemption for military retirees to $20,000 for those aged 55 or more and $12,500 to those under 55 years of age. I also supported the Healthcare for Heroes Act (SB 554), which establishes a premium reimbursement program for eligible Maryland National Guard members and their dependents who receive healthcare through the TRICARE Reserve Select or TRICARE Dental Program.
Environment
Energy and Climate Change
Building climate resilience and reducing our carbon footprint have long been a priority for me and a top one for District 16 residents. Many of you have emailed me in support of making the community solar pilot program permanent, and I am proud to have cast my vote in favor of a bill that would do just that (HB 908) in the Senate. Having clean energy sources and clean producers of emissions is critical to meeting the goals we set in the Climate Solutions Now Act. I am also pleased to support the POWER Act (SB 781), which sets an ambitious 8.5-Gigawatt target for offshore wind energy generation to help create not only grid resilience, but also help reduce energy prices. The POWER Act will help Maryland further diversify their renewable energy portfolio as well, helping the net-zero transition we passed last year. The Net Metering Flexibility Act (SB 143) – authored by our own District 16 teammate Delegate Korman – allows an accrued balance of excess energy generated to never expire and is a key component of the community solar program.
Emission-free vehicles
Creating cleaner vehicles is a key part of reducing the carbon footprint of our daily lives. Kudos to my District 16 teammate, Delegate Sara Love, for successfully sponsoring the Clean Trucks Act (SB 224) that adopts the Advanced Clean Truck Rule requiring vehicle manufacturers to sell an increasing percentage of new zero-emission trucks and school buses through 2035. Access to a full network of electric vehicle charging stations is critical for wide-spread EV adoption. HB 830 requires at least one level 2 electric vehicle charger be constructed for new houses or houses undergoing significant renovations, including multifamily houses. HB 834 further bolsters access to electric vehicle charging stations by directing electric companies to install EV charging programs to multifamily dwellings in underserved communities and ensure that all their public EV charging stations are operable at least 97% of the time.
Natural Resources
In other environmental actions, I proudly supported a bill that requires producers take financial responsibility for reducing excess packaging waste (SB 222) and another that established the Environment and Natural Resources Monitoring Unit of the Office of the Attorney General to investigate and prosecute the state’s criminal environmental and natural resource laws (SB 611). Furthermore, I was especially pleased to support the Maryland Native Plants Program, which will prioritize the use of Maryland’s native plants, like the Black-Eyed Susan, the White Oak, or my personal favorite, the Wild Bergamot (SB 836/HB 950).
Justice and Public Safety
Gun Safety
The debate over gun safety came to a fever pitch this session over the Gun Safety Act of 2023 (SB 1). The current level of gun violence across our State is unacceptable, and SB 1 is common sense legislation that brings Maryland in line with the Bruen decision, prohibiting a person from possessing a firearm in proximity to sensitive areas like schools and hospitals. This new law will make Maryland safer for us and our children. As a mom, I want to ensure that children are protected from firearms stored in the house as well. Jaelynn’s Law (SB 858) requires the safe storage of firearms to prevent the tragic accidents and suicides that can follow because of easy access to unsecured guns and authorizes a state income tax credit for a range of firearm safety devices. The law removes any excuse to leave a firearm unsecured. Finally, I was very proud to play a role in passing legislation that would strengthen standards for obtaining a concealed carry permit and increase penalties for those illegally possessing firearms from three to five years (HB824). Together, these three bills will help reduce the rate of gun violence across our state.
Protecting Victims of Sexual Assault
In Maryland, it was shockingly legal to sexually assault your spouse and not get brought to justice. No more. One of my proudest legislative accomplishments this session is successfully carrying the repeal of what is known as “Spousal Defense” (SB 129) across the finish line after three attempts in prior years. Now there is a chance for all to get the justice they deserve if they have sexual crimes committed against them– no matter who that person is.
Protecting and safeguarding our children will always be a top priority for me. Child sexual abuse and trafficking are difficult topics that must be handled with care and consideration for the victims. The Child Victims Act of 2023 (SB 686/HB 1) and Safe Harbor and Service Response (SB 292) expand protections by lifting deadlines for survivors of child sexual abuse to sue their abusers, raise the financial liability limits for pain and suffering, and tailor law enforcement and court procedures for child victims. These laws remove any statute of limitations for prosecution and will allow anyone to file charges retroactively and to revive any action that went previously unpunished. I know these laws will help survivors of sexual abuse, and I am honored to have supported them.
Cannabis Legislation
In 2022, voters overwhelmingly chose to legalize recreational cannabis in Maryland. Maryland legislators were tasked with creating a regulatory system to meet the needs of a new industry in our state. The Cannabis Reform Act (HB 556/SB 516) is a sweeping 100-page piece of legislation designed to do exactly that. The bill first redesignates the Alcohol and Tobacco Commission (ATC) to the Alcohol, Tobacco, and Cannabis Commission (ATCC) and creates a Cannabis Regulation and Enforcement Division (CRED) to (surprise!) enforce regulation of adult-use cannabis. The ATCC is tasked with issuing licenses for cannabis distributors and converting existing medical cannabis distributors’ licenses to medical and recreational licenses.
HB 556 also imposes a gradual sales tax on recreational cannabis starting at 6% in 2024 and increasing by 1% each subsequent year until capping at 10% in 2028. This tax will not apply to medical cannabis sales and will be used to fund the new regulatory agencies created. 3% of the sales tax revenues will be directed to counties and municipalities for behavioral health and drug treatment programs. Sales and use taxes revenues on recreational cannabis are expected to be $24.0 million in fiscal 2024 and $146.6 million by fiscal 2027 according to the Department of Legislative Services. $15 million of the $24 million in FY24 are expected to be General Fund Revenues, which means that even after funding the ATCC and related regulatory programs, the state government will have a sizable revenue that can go to supporting other underfunded programs.
According to the Maryland Medical Cannabis Commission, just 19% of licensed growers and 30% of licensed processors were majority-owned by Black owners in 2020. This bill seeks to address these existing inequalities in the industry by awarding grants to small women-owned and minority-owned recreational cannabis businesses through the Cannabis Business Assistance Fund, which is awarded $40 million in FY23. This fund is also required to prioritize grants and loans to populations that have been disproportionately impacted by the enforcement of cannabis laws and individuals who have been convicted of cannabis offenses. The bill also establishes a Social Equity Partnership Grant Program in ATCC with a $5 million dollar appropriation for a similar purpose.
Combating Hate Crimes
We live in a diverse community with residents from a wide variety of faiths and racial backgrounds, and it is my responsibility as a steward of this community to support legislation that stands up to intolerance and bigotry. That’s why I was grateful to receive overwhelming constituent support for three bills addressing the alarming rise in hate crimes in Maryland. I supported SB 5, which allows for hate crime victims to bring civil action against their offenders. Another essential bill I supported was SB 840, which establishes the Protecting Against Hate Crimes Grant Fund to provide an annual appropriation of $5 million to nonprofit organizations, including faith-based institutions for additional security investments. Finally, I supported HB 1066, which creates a Commission on Hate Crime Response and Prevention to examine how state law can better serve victims of hate crimes and provide policy solutions going forward.
It’s also essential that we uplift the histories of marginalized communities because education can be a powerful tool against prejudice. That’s why I voted for SB 841, which requires the Governor to include $500,000 in the annual budget to subsidize school field trips to the Jewish Museum of Maryland and the Museum of Maryland African American History and Culture. I also voted in support of SB 842, which designates January 27th as Maryland Holocaust Remembrance Day. This proclamation will remind us all to honor the victims of the Holocaust and bear witness to the suffering it caused.
District 16 investments
On a final note, I want to highlight four local capital projects that will receive funding beginning in July 2024 and were promoted by the entire D 16 team. They are:
- $900,000 to provide capital improvements for the Jewish Federation of Greater Washington’s Community Impact Center;
- $271,000 for constructing a Respiratory Isolation Suite for the Children’s Inn at NIH;
- $500,000 for site improvements at Maplewood Alta-Vista Local Park;
- $1,000,000 to design and build a more modern new fire/rescue facility for the Glen Echo Fire Department;
- $1,000,000 to renovate the Round House Theatre; and
- $2,000,000 for the new Institute for Health Computing in North Bethesda.
Each of these projects enhances our District as one of the best in the State in which to live, work, and play.
While it was a very productive session, our work continues, and I look forward to fighting for you and our families throughout 2023. As always, thank you for putting your trust in me to be your voice in Annapolis. Please reach out anytime via email at Ariana.kelly@senate.state.md.us.
Have a wonderful spring and summer.
Sincerely,
Senator Ariana Kelly
District 16
senatorarianakelly.com 