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May 11, 2025

Chestertown Spy

Nonpartisan and Education-based News for Chestertown

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Report: State Lost Billions by Not Closing Corporate Loopholes

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A liberal-leaning think tank is pressing for passage of a series of revenue bills targeting business loopholes and tax breaks ― by looking back at what could have been.

The Maryland Center on Economic Policy released a memo on Thursday detailing $2.8 billion in revenue that could have been raised by their bill package if lawmakers had passed the measures last term.

The center, which produced the memo independently, is part of the Fair Funding Coalition, which is pressing for passage of 10 bills that they say would close corporate loopholes, end policies that benefit special interests and establish a more equitable income tax system in the state.

The goal of the proposals is to raise dedicated revenues to help the state cover the costs of Kirwan Commission education reform proposals, which could become substantially more expensive in coming weeks as lawmakers consider tweaks to relieve local spending mandates.

“We made it much harder on ourselves because we didn’t take these steps sooner,” said Benjamin Orr, executive director of the Center on Economic Policy.

The analysis found that eliminating pass-throughs in corporate tax reporting and implementing combined reporting for multi-state corporations could have generated more than $1.8 billion between 2014 and 2018.

The center also would have ended some businesses subsidies during that time period, amounting to $194 million.

Levying a 1% state surtax on capital gains would have generated $455 million, and closing the “carried interest loophole” by taxing income of investment fund managers at 17% ― instead of the lower capital gains tax rate ― could have generated $209 million.

Orr said he was still optimistic that lawmakers might pass one or more of the measures included in the analysis this legislative session. The bills, he said, would minimize impact on low- and moderate-income residents while, in cases like combined reporting, bring Maryland in line with the majority of other states.

Sen. Paul G. Pinsky (D-Prince George’s) has introduced a combined reporting bill for more than a decade.

“We would have had a hell of a lot of money,” Pinsky said, if his bill had been passed earlier.

He believes there’s still a chance that his bill and others could be part of a revenue package advanced this session, and that it makes sense to focus efforts to raise revenue for education reforms by focusing on businesses.

“I hear from some of these companies that say we have jobs, but we don’t have people to fill them. So I think there’s a nexus between them paying their fair share and investing in education, because they’re the ones who are going to take advantage of it,” Pinsky said. “We’re the ones preparing their future employees. I think it’s way past due.”

The Center on Economic Policy’s push for business tax reform has been boosted by Warren Deschenaux, who retired as the General Assembly’s long-serving top fiscal analyst in 2017.

On Thursday, he said it was critical that lawmakers increase state revenues not only to fund education reform, but also to address the state’s structural deficit.

“If you look at the outlook, things are rather grim ― and that’s before anything bad [like a recession] happens,” Deschenaux said.

The Fair Funding Coalition’s package of bills are just a small portion of an influx in revenue measures introduced this year, encompassing everything from sports betting to digital downloads and a recent proposal to dramatically expand the state’s sales tax to services.

A hearing on the sales tax proposal ― which sponsor Del. Eric G. Luedtke (D-Montgomery) has said could generate an additional $2.6 billion ― is expected to draw strident opposition from corners of the business community on Monday.

Orr said while the center has endorsed limited sales tax expansions for specific services in the past, it has not yet taken a position on the broader 2020 sales tax proposal.

“Our top priority remains closing loopholes and getting rid of tax breaks that only benefit special interests,” he said.

Deschenaux said the sales tax proposal could end up making the other proposed revenue bills more attractive to lawmakers in contrast.

“Some of those consumers are wealthy and they’re getting lawyer advice and having their taxes done,” he said of the proposed tax on services. “But a lot of those people are having their dry cleaning done, their cars repaired, and so forth. And so it reaches perhaps more broadly than one might prefer.”

by Danielle E. Gaines

The Spy Newspapers may periodically employ the assistance of artificial intelligence (AI) to enhance the clarity and accuracy of our content.

Op-Ed: Kirwan Report – A County Perspective By Laura Price

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It has been an interesting and unsettling week since the introduction and subsequent public hearing on the Blueprint Education Bill (Kirwan).  The Maryland Association of Counties took a position that it is the State’s constitutional obligation to fund education and we believe that this new layer of funding should be borne by the State.  The counties have been equal partners and funded well above Maintenance of Effort, in addition to taking on teacher pensions and other expenses, while also losing revenues from the State over the years.

On Monday, there was a joint hearing of four committees in Annapolis, which I attended as a member of the Rural County elected officials’ panel.  To say the process was fair and all views were given equal opportunity to be heard would be inaccurate, at best.  

At the top of the hearing, Chairman Pinsky had announced, “We want to allow democracy and also have efficiency.  We have other work to be done. Obviously, this is a crucial piece of legislation for the legislature and the State… We are using a timer today, for the first 7 panels of elected officials, they will have 2 ½ minutes each…”  

The hearing began as most would, with the lead sponsors of the bill — Senate President Ferguson and House Speaker Jones — giving their statements.  They were followed by Brit Kirwan, the chairperson of the Commission, and Rachel Hise, from the Department of Legislative Services (DLS). They spoke to the merits of the bill and answered selected questions from committee members.  

Questions were limited and there were times the Senators and Delegates were cut off from their line of questioning.  When a delegate started to ask a question about funding, Sen. Paul Pinsky, chairman of the Senate Education, Health and Environmental Affairs Committee, stopped him and stated, “This is a policy legislation, it’s not the funding piece, obviously it has implications.  We’re going to hold the funding issue to when the appropriations, budget and tax and other committees address that issue.  We understand that this isn’t going to fall from the sky without a cost, but they’re (Kirwan and Hise) not prepared to answer budget questions, they are here with the policy…”

Really?  Not prepared?  That statement pretty much sums it all up.  No one wanted to hear about valid points of concern, let alone a negative position.  During the entire three years of the “Kirwan Commission,” we were all told they were not there to discuss how it would be paid for, only to make policy recommendations.  Wait until there is an actual bill in Annapolis, they told us, then we can talk about the fiscal impact. Now it’s the day of the hearing, the bill has been introduced and still the legislators, let alone the people, aren’t allowed to ask fiscal questions!

The main function all along for Ms. Hise from DLS was to put numbers to the policy.  She was the lead during all of the Kirwan funding workgroup and Kirwan commission meetings.  To say that she wasn’t there to answer financial questions is bizarre. Chairman Kirwan was there to advocate policy, and Ms. Hise, one would think, was there to answer funding questions.

After the initial bill sponsors and Kirwan and Hise had finished, the hearing continued with the county executives and the mayor of Baltimore.  They were each given their time and when they were done, I fully expected our panel of rural county elected officials to be called next. Imagine my surprise when that did not happen.

I thought it might have been an oversight and went in search of someone who had the list of people who had signed up to testify.  They finally located our panel, listed dead last on the list of 130 speakers.  He assured me he would reach out to Chairman Pinsky’s aide.  The aide explained that because we were listed as “letter of information,” we were at the bottom.  The testimony was all front loaded with Favorable or Favorable with amendments. I further asked if the chairman could consider moving us up because we were elected officials and that they had already heard from the larger counties.  The answer was no. A delegate even texted Del. Maggie McIntosh (chairwoman of the House Appropriations Committee) and the answer was still no.  

The four of us on the panel who were there weren’t even “opposing” the legislation, we were there to present information about the State’s constitutional obligation to fund education and the impact of tax increases at the local level under this mandate.

So, we sat for hours.  By the time the hearing was nearly five hours in, some of us gave up and left.  The media had left hours earlier. Many of the Senators and Delegates had left. The room was emptying fast and the elected officials from smaller jurisdictions, with huge impacts, had not been heard.  What was the point in speaking to a near empty room?

This is not democracy.  Allowing the larger jurisdictions to speak first and not allowing equal time for the other counties is discriminatory.  Having only select counties and other supporters fill the first couple hours paints a slanted view of any piece of legislation, let alone the single largest and most costly piece of legislation in Maryland history.

In other news, House Democrats just introduced a bill to cut the state sales tax rate by one penny and expand the tax to most professional services, including visits to the accountant or the beautician, which are currently exempt.  This significantly expands the scope of sales tax from just “goods” to include taxing most “services” with the exception of food, medicine, medical services, social work and other non-profits.

Delegate Luedtke said “There is a plethora of proposals for revenue this session, and we have a choice, we can do a whole ton of things at once, which are very complex and only pay for part of the plan, or we can have the courage to go to the people of Maryland and say, ‘If you want great schools this is how we pay for it and this one bill can do it, and it’s a relatively simple, straightforward proposal.’”  

People should and will debate whether this massive expansion of sales tax, which is expected to bring in $2.6 billion to the State by 2025 is a good idea, but I will say that at least someone in Annapolis finally realized that Kirwan could not be paid for without an increase in taxes on the average Marylander.  That has been my point since I started attending all the workgroup meetings and writing on this topic. If the State legislature does believe that Kirwan is a good idea, then they need to be willing to raise taxes on Marylanders to pay for it and be held accountable. The counties were always going have to increase taxes, primarily property tax, with no choice and very little voice if Kirwan becomes law.  

Laura Price serves as Talbot’s legislative liaison to the Maryland Association of Counties and is a member of the Talbot County Council.

The Spy Newspapers may periodically employ the assistance of artificial intelligence (AI) to enhance the clarity and accuracy of our content.

Kirwan Conversations: A Chat with MACo’s Michael Sanderson

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To use Michael Sanderson’s own words, as the Spy starts a special series on the landmark Kirwan Commission and the resulting legislation now under consideration in Annapolis, he calls it “this most consequential policy decisions that any of these policymakers are going to make during their whole political career.”

In terms of public schools in the state, the stakes have never been higher as Maryland’s General Assembly and Senate debate a bill that would increase spending by $4 billion a year within the next ten years.

Given these circumstances, the Chestertown Spy and Talbot Spy have begun a series of interviews with significant stakeholders both in the capital but in Kent and Talbot Counties to understand the local impact of Blueprint for Maryland’s Future.

We begin with Michael’s perspective as someone who, for decades, has headed up the Maryland Association of Counties (MACo). In his Spy interview, he talks about this historic nature of the Blueprint, and in particular, the effect on Kent and Talbot Counties.

This video is approximately twelve minutes in length. For more information about the Maryland Association of Counties please go here.

The Spy Newspapers may periodically employ the assistance of artificial intelligence (AI) to enhance the clarity and accuracy of our content.

Poll: State Voters Want Better Schools, Shy Away from Tax Hikes

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The vast majority of Maryland residents believe that teacher salaries are too low and that many school buildings are in poor condition, but there is little support for increasing taxes to address those concerns, according to a just-released survey.

The poll, by Goucher College, found that 69% of the public agrees that “public schools in Maryland don’t receive enough state funding.” In addition, 85% said they believe teachers are underpaid and 76% agreed that “many public school buildings and facilities in Maryland are run-down.”

But when interviewers asked about increasing taxes, sharp divisions emerged.

More than a third of Marylanders — 37% — would rather keep state services and taxes where they are. And even more troubling for advocates of education reform, 28% would rather have fewer state government services in order to reduce taxes.

Only 28% of those surveyed said they would be willing to pay more in taxes if it meant improved state services.

“There is a huge disconnect,” said political science professor Mileah K. Kromer, director of the Sarah T. Hughes Field Politics Center at Goucher College.

“They support the priorities of Kirwan — higher teacher salaries, more teacher training, more state funding,” she added, a reference to the educational reform commission chaired by former University System of Maryland chancellor William E. “Brit” Kirwan.

“The conflict is how we pay for it.”

The Goucher survey was in the field from Feb. 13-18, before Democratic leaders in the House of Delegates floated a proposal to cut the sales tax rate, from 6% to 5%, but broaden it to apply it to more services, a move that would bring in an additional $2.6 billion a year for Maryland schools.

Only 47% of residents polled ranked Maryland a “good” or “excellent” place to get a K-12 education.

Crime is now a top concern

The survey also found that crime — for the first time since Goucher started querying voters — is now the top concern of state residents.

Twenty percent of those surveyed identified “crime/criminal justice/policing” as the most important issue facing the state, just ahead of education (17%) and economic issues (15%).

But at the request of Maryland Matters, Kromer provided additional data that revealed a strong geographic split.

Among residents living in Baltimore City and the surrounding counties, 33% identified crime as the top issue, followed by education (15%) and economic issues (13%).

But in the populous Washington, D.C., suburbs, public sentiment was more in line with past polling.

Residents of Montgomery and Prince George’s rated education as their biggest issue, at 25%. Economic issues followed, at 15%, with crime the top concern of just 6% of residents.

Likewise, in communities outside the state’s urban corridor, economic issues remain the top concern (19%), followed by crime (11%) and education (8%).

Baltimore City recorded 348 homicides in 2019, and Gov. Lawrence J. Hogan Jr. (R) and legislative leaders have called the situation there “a crisis.”

“This is the first time it’s ever ticked up that high,” Kromer said of the statewide number on crime. “It’s on the minds of one of the most populous jurisdictions in the state.”

Sports betting, Gov. Hogan and Kirwan

Marylanders are divided on the issue of legalized sports betting.

By a margin of 47% to 43%, the public narrowly supports allowing people to gamble on sporting events online.

But nearly half opposed sports gambling at casinos, race tracks or stadiums. Goucher found that 45% of the public is OK with betting on sports at those locations, with 49% opposed.

The General Assembly is considering — and is likely to pass — sports wagering this session. Online betting firms, race track owners, casino interests and pro sports teams are lobbying lawmakers extensively.

Kromer predicts support will grow once lawmakers tie the proceeds sports gambling will generate to education.

“When you talk about just the act of betting on sports … people are pretty divided,” she said. “But they’re going to start to talk about tying that revenue directly to education, and that changes the values proposition for people.”

Hogan remains very popular, but his numbers have slipped just a bit from previous Goucher surveys. Sixty-two percent of residents approved of the job he’s doing, with 20% voicing disapproval and 17% answering “don’t know.”

A year ago, as he flirted with a potential run for president, Hogan was at 69-14 in the Goucher poll. Despite the slip, the second-term executive’s numbers are remarkable for a Republican governor in a state where Democrats hold a vast edge in voter registration.

Although the Kirwan Commission has spent years working on recommendations to improve the state’s educational system, most residents have never heard of it.

Nearly 70% of residents surveyed said they know “nothing” about the panel, while 15% know “a little” and 9% said they know something. Only 5% said they had a strong awareness of the plan’s recommendations, which backers have said have the potential to transform the state’s schools and serve as a national model.

Sixty-one percent of those surveyed ranked Maryland a “good” or “excellent” place to raise a family, and 58% said they feel the state has strong job opportunities.

But only 39% ranked Maryland as a good place to run a business, and just 27% think of the state as a quality place to retire.

The Goucher survey, which is conducted twice a year, polled 713 adults by cellphone and landline. The poll had 3.7-point margin of error.

by Bruce DePuyt

The Spy Newspapers may periodically employ the assistance of artificial intelligence (AI) to enhance the clarity and accuracy of our content.

Breaking Down the Kirwan Blueprint Bill

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Hundreds of people filled hearing rooms and rallied in Annapolis on Monday as the General Assembly took the unusual step of convening a joint hearing of four House and Senate committees, which, in the next seven weeks, will determine the fate of a three-year multibillion-dollar public school reform effort.

Advocates say recommendations of the Commission on Innovation and Excellence in Education have the potential to transform public schools in Maryland for future generations and correct wealth inequality throughout the state.

The four committees ― the House Appropriations and Ways and Means committees, and the Senate’s Budget and Taxation and Education, Health and Environmental Affairs committees ― heard testimony from 130 witnesses on Monday, in a hearing that lasted six hours.

House Speaker Adrienne A. Jones (D-Baltimore County) and Senate President Bill Ferguson (D-Baltimore City), who were both members of the commission before rising to their roles in legislative leadership, led off the hearing.

“Here’s what we know: the current system is not working,” Jones said. “We can’t be satisfied as policymakers until every child in every Zip code has the chance to succeed. Our most important and sacred duties as elected officials is that we leave a brighter future for our students.”

The legislation, called the “Blueprint for Maryland’s Future,” would expand pre-kindergarten programs and career education for high schoolers, increase pay and career opportunities for teachers, and increase state funding for schools with high concentrations of poverty.

The bill sets state funding requirements for newly proposed programs, but does not say how they should be paid for.

Gov. Lawrence J. Hogan Jr. (R) and legislative Republicans have expressed concern about the plan’s price tag.

Over the weekend, Republican leaders in the House of Delegates sought to delay the hearing by 48 hours as they waited for a Department of Legislative Services fiscal analysis.

According to the new fiscal note, available Monday morning, state aid to public schools is expected to increase by $2.6 billion annually by 2030; counties would be expected to collectively pay $1.3 billion more annually by 2030.

Jones stressed that the first three years of the bill are already covered.

Ferguson acknowledged that lawmakers will have to consider additional revenue options in the future, with separate revenue-generating bills under consideration this year.

“It’s going to cost more than we are spending today. That is a fact and a reality and something we have to own up to,” Ferguson said. “I believe that what we see in front of us is not only an investment in the short term, it is a long-term investment that will reap long-term rewards. Not just in our educational outcomes, but in our economic productivity moving forward.”

Here’s a quick glance at the bill’s primary focus areas, with some of the testimony from Monday’s mega-hearing:

Policy Area 1: Pre-kindergarten access

What’s proposed: Kirwan Commissioners want to expand pre-kindergarten access by creating a public-private model to add pre-kindergarten slots through a publicly funded system. The bill would create a state funding program that provides counties with a per-child payment for each kindergarten slot created in a public school or through a contract with a private provider. State funding for pre-kindergarten programs would ramp up over time, with the earliest focus on providing state funding to the low-income four-year-olds ― those from families earning 300 percent of the federal poverty level or less ― who want to enroll.

Why the commission likes it: Enrolling more students in pre-kindergarten can alleviate adverse childhood experiences and result in early intervention for learning difficulties. If more children receive interventions at a younger age, they’ll enter elementary and subsequent school levels more prepared, and the state’s special education population could decrease.

The cost: $529 million in state spending annually in 2030

Supporter: Montgomery County Executive Marc B. Elrich (D), a former elementary school teacher, said the provisions for pre-kindergarten were “critically important.”

What he had to say: “If kids don’t come to school ready to learn, they struggle and those struggles stay with them throughout their entire time in school. We know that if you start at a level playing field, you tend to stay level, which means you spend a lot less in remediation. I look at this legislation as a game-changer. I hope that this is the last generation of children that we have to put all these resources into. Because if we’re successful and their parents have better jobs and better opportunities, we’re not going to be dealing with the underlying issue of poverty to the extent that we’re dealing with it today.”

Policy Area 2: High-quality teachers

What’s proposed: The commission proposes an increase in salaries and advancement opportunities for teachers, as well as an increase in the number of teachers statewide. Teachers would reach different rungs on a proposed “career ladder,” including state certification, national certification and teachers could seek to be placed in leadership positions, either as part of a school’s administration or as mentors for other teachers. County school boards would be required to implement teacher salary increases over time, and all teacher salaries in the state are expected to be $60,000 or more by 2030. There also would be a focus on limiting teachers’ classroom duties to allow them more time for planning, mentoring and tutoring students in need.

Why the commission likes it: The commission’s goal is to increase the prestige associated with the teaching profession and make it a long-term career choice for high-achieving students. Commissioners also hoped to increase diversity in the teaching corps through an increase in funding for grants, teaching fellowships and loan repayment programs for those who teach in schools with high concentrations of poverty.

The cost: $168 million in state spending in fiscal 2030

Supporter: Maleeta Kitchen, Howard County Public Schools math teacher

What she had to say: “The Blueprint also addresses teacher prep and the need to hire more educators of color. It is important for students to see professional educators who look like them ― who look like me. Collaborating with higher education, especially our HBCU’s will hopefully bring more educators into the field of teaching.”

Seeking amendments: Diamonté Brown, of the Baltimore Teachers Union, said the proposed career ladders would restrict major salary increases to those teachers who become National Board Certified Teachers. She suggested an amendment to allow additional pathways for advancement in the career ladder.

What she had to say: “We the Baltimore Teachers Union understand that the National Board process can be a great professional development experience, and we are not opposed to it being used and incentivized as teachers hone their craft. We do have concerns about a process with no publicly available disaggregated data on passage rates by teacher race and by the poverty level of students served. Requiring National Board certification statewide could exacerbate equity concerns by making Baltimore City a place to teach where you’re less likely to advance financially and in the career ladder due to working in schools with concentrated poverty and trauma and less support for navigating the [National Board Certification] process.”

Policy Area 3: College and career readiness

What’s proposed: Under the reform plan, the goal is for students to reach a “college and career readiness” standard ― initially set as proficiency in 10th grade English and Algebra I ― by the end of their 10th grade year. Once that standard is met, those students would be eligible to enroll in college-level courses or in enhanced career education programs for the rest of their high school career. Students who don’t meet the standard in their 10th grade year would receive targeted interventions by teachers in an effort to get them to the standard by graduation.

Why the commission likes it: An early focus on post-graduation skills could allow students to graduate high school with career certificates or associate degrees, increasing wealth and success as adults. As an incentive, counties would receive a grant each year based on the percentage of students who meet the college and career readiness standard. The bill also includes a $500,000 study to determine if Maryland’s current career and college readiness standards are high enough.

The cost: $26 million in state spending annually by fiscal year 2030

Supporter: Brigette Dumais, executive director of the Maryland Workforce Alliance, expressed support for an increased focus on career and technical education programs.

What she had to say: “The increasing cost of college and the student debt crisis have made higher education a barrier to economic opportunity. Instituting robust CTE with paid on-the-job training would allow students to earn as they learn. Through the apprenticeship model, students receive both free college credits and a paycheck, carving a path to debt-free college. Additionally, CTE students will graduate high school with an industry-recognized credential, allowing them to immediately enter the well-paid workforce if they prefer not to go to college.”

Policy Area 4: More resources for at-risk children

What’s proposed: The commission wants to direct additional funding to students who attend schools with higher concentrations of poverty. The bill proposes annual “concentration of poverty” grants to schools with high numbers of so-called “at-promise” students to hire a school-based health-care practitioner and provide other wellness programs. The $248,833 grants would be provided in fiscal year 2022 to schools with concentrations of poverty of 80% or higher; the grants would be gradually expanded to cover schools with 55% concentrations of poverty by 2027.

Why the commission likes it: While all students who live in poverty may face hardships in school, the commission believes that those burdens are compounded when faced by the majority or nearly all students in a school. Other student groups targeted for increased funding in the bill include students learning English, those enrolled in special education programs, and “struggling learners” with low scores on standardized tests.

The cost: In 2030, the state’s annual spending would increase by $692 million for concentration of poverty grants, $182 million for special education, and $57 million to support students learning English.

Supporter: Wes Moore, CEO of antipoverty nonprofit Robin Hood and New York Times best-selling author

What he had to say: Moore asked lawmakers to “place an equity lens” on the state’s education funding formula. “I’m asking that you not tell our most vulnerable and our most systemically underserved communities to pay for their own poverty….But communities with the greatest need for these reforms are being asked to pay the most to get services desperately needed in every school and in every community, and that’s not fair.”

Policy Area 5: Implementation and accountability

What’s proposed: The bill establishes a seven-member Accountability and Implementation Board appointed jointly by the governor, Senate president and House speaker. The board would develop a statewide comprehensive implementation plan to guide reforms and would also approve county-level implementation plans. The board would have the power to withhold 25% of new state funding from counties each fiscal year until the board approves of a county’s progress toward implementing reforms.

The cost: $3.9 million in fiscal year 2030 for the accountability board and expert review teams that will travel the state to determine whether reforms are being successfully implemented in individual schools.

Testifying: Warner I. Sumpter, president of the Maryland State Board of Education

What he had to say: The state board is enthusiastic about the Blueprint proposal overall, but has “significant concerns” with the proposed accountability board. “The existing structures of the state government are the best mechanisms to provide the necessary governance and accountability sought,” Sumpter said. “…Under the oversight of the state board, the Maryland Department of Education has the structure, expertise and experience in place to carry out the responsibilities and charges outlined in this legislation.” He asked the committees to consider an amendment to put the state board in charge of accountability measures.

By Danielle Gaines

Reporter Hannah Gaskill contributed to this report.

 

The Spy Newspapers may periodically employ the assistance of artificial intelligence (AI) to enhance the clarity and accuracy of our content.

Out and About (Sort of): Education Dominates Session by Howard Freedlander

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If you keep your ear to the rumblings of the 2020 Maryland General Assembly, you will hear one subject above all others: education reform

After you learn that a 100-page bill proposed last week calls for funding of pre-kindergarten programs, higher pay and career opportunities for teachers and enhanced technical training, you then focus on the cost of $4 billion a year over the next decade. The state would pay $2.8 billion, while the counties simultaneously would pay $1.2 billion.

As you dig deeper, you discover that the predominantly Democratic legislature opposes a tax hike for Marylanders. Instead, the legislators plan to explore other funding sources, such as sports betting and tax on internet sales.

You can imagine that skepticism abounds in the halls of the General Assembly. How will local school systems be held accountable for the useful expenditure of large amounts of new money? Will poorly performing schools throughout the state suddenly improve with an infusion of money?

Counties are concerned about paying their share of the cost of the Kirwan Commission recommendations. The hand wringing already has begun.

In 2002, the Thornton Commission proposed major changes to the delivery of education with a price tag, if I recall correctly, of $3 billion. And, believe it or not, the commission identified no funding source.  

The Thornton results are questionable. Less than 40 percent of the state’s high school graduates currently can read at the 10th-grade level or pass an Algebra 1 exam.

Though my skepticism is obvious, I view the quality of public school education an essential factor in the socioeconomic success of Maryland. If we lack an educated and capable workforce, we then court disaster in drawing and retaining small-and-big business employers in our state.

The main product in Maryland is human capital. While our agricultural sector is strong and thriving, tourism continues to prosper, our health care providers are among the best in the world, information technology companies produce innovative services and the Port of Baltimore is booming, what we grow best in the Old Line State are people.

Maryland taxpayers must support an education system that thrives not merely on test scores and college enrollment, but also on the types of citizens we are growing and nurturing. I’m suggesting that public schools do what they do best: develop young minds, as well as encourage character development that yields better citizens.

We are fortunate in this country to have superb independent schools that provide an alternative to public schools for parents who can afford a private-school education. Independent schools often flourish when public schools fail to meet high academic and disciplinary standards.

Though the U.S. Constitution does not stipulate provision of a public school education, it implicitly calls for an informed citizenry, without which democracy fails or flounders.

Fiscally sound implementation of the “Blueprint for Maryland’s Future” is key to the vibrancy of a state that cannot depend on a natural resource such as oil, or a strong manufacturing base that once existed primarily in the Baltimore area. We do have world-class hospitals. We do have exceptional colleges and universities.

I’m not ignoring the plentiful but pollution-challenged Chesapeake Bay, a source of food and recreation.

And we do have people anxious to receive a top-flight K-12 public education funded by both the state, counties and the City of Baltimore. The projected cost of $4 billion is eye-popping. Accountability measures become ever more necessary and enforceable.

I’ve witnessed General Assembly sessions mired in resolving difficult financial issues linked to economic turbulence. I’ve seen sessions bogged down by social conflicts like abortion and gay marriage. These subjects often dominate public discourse. Passion and stridency often characterize the conversation.

The current 90-day session offers its 188 legislators an opportunity to focus on a non-partisan topic—albeit one with an alarmingly high price tag—that can determine, if not influence the future of a buoyant state. 

Educational reform demands serious debate. It demands a sustainable funding source.

It demands a bipartisan approach, if possible.

Columnist Howard Freedlander retired in 2011 as Deputy State Treasurer of the State of Maryland. Previously, he was the executive officer of the Maryland National Guard. He also served as community editor for Chesapeake Publishing, lastly at the Queen Anne’s Record-Observer. In retirement, Howard serves on the boards of several non-profits on the Eastern Shore, Annapolis and Philadelphia.

 

The Spy Newspapers may periodically employ the assistance of artificial intelligence (AI) to enhance the clarity and accuracy of our content.

Senator Crusading to Close Corporate Loophole Woos Business on Kirwan Plan

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In a small gray conference room at the Homewood Suites in Largo, Sen. Paul G. Pinsky (D-Prince George’s) made his pitch recently in support of a $4 billion education reform plan.

His audience: about 20 of his county’s most successful business leaders. His message: some businesses would have to pay more to ensure the proposal’s success.

The Kirwan Commission’s recommendations ― currently under consideration by the General Assembly as the Blueprint for Maryland’s Future ― are meant to lead more students to enroll in career and technical education, expand pre-kindergarten that can send thousands of Marylanders back into the workforce and raise wages for teachers and Maryland high school graduates, he said.

Those potential benefits are something that Pinsky and other advocates think businesspeople can get behind ― even as questions swirl about how to pay for the state and local shares of the increased education spending.

Days before his meeting in Largo, Pinsky was seated at the witness table before the Senate’s Budget and Taxation Committee, defending bills to require combined corporate tax reporting and increase income tax collections for hedge fund managers.

Lawmakers are cobbling together a series of revenue measures this year to dedicate funding for the first four to five years of the reform plan.

A proposed constitutional amendment to allow sports betting is very likely to pass. Top lawmakers maintain that large-scale tax reforms won’t be necessary to support the education reform proposals for at least a few more years. Senate President Bill Ferguson (D-Baltimore City) and House Speaker Adrienne A. Jones (D-Baltimore County) have promised no increase to the state’s income, sales or property taxes this year.

Four legislative committees will vet the reform bill, beginning with a hearing Monday: the House Appropriations and Ways and Means committees, and the Senate’s Budget and Taxation and Education, Health and Environmental Affairs, which Pinsky chairs.

Pinsky mentioned the revenue bills ― several characterized by advocates as “closing corporate loopholes” ― at the meeting with business leaders. “There are probably 15 things on the table. Nothing has been decided yet,” he said. “…And hopefully none of that will affect your companies in a significant way.”

He organized the meeting with Prince George’s business leaders after seeing a letter circulated by 38 heavy hitters in the Baltimore business scene, who expressed support for funding the Kirwan Commission proposals to benefit the state’s economy.

So how does Pinsky reconcile pursuing his bills while also seeking support from the business community for Kirwan?

“I think everybody’s got to pay their fair share,” Pinsky said. “I’ll say it to those people. I’m not going to hide it.”

For years, Pinsky has pressed the combined reporting bill, which has been regularly debated ― and opposed by leading business groups ― in the General Assembly since 2003. But Maryland is now among a minority of states that have not implemented the change, and the measure could generate an extra $172.3 million by the 2022 fiscal year.

“If Maryland-based businesses are paying their corporate income tax, and another company has been able to avoid them through their CPAs and their attorneys, I have no qualms in supporting that, and I’ll justify it to the business community,” Pinsky said. “…I can sleep at night, going after large corporations that are dodging their taxes and at same time saying we have to invest more in education.”

The meeting at the Homewood Suites included a presentation from economist Anirban Basu and a pitch from Ferguson.

For the past two years, Ferguson has been holding meetings with business leaders, who he thinks can be key nontraditional partners in pushing the reform plan.

“We need you,” he told the group in Prince George’s. “This is not just about education. …This is the hard-and-fast reality of our economic prosperity in the state of Maryland moving forward. And you all are the ones that can help make that case if you’re interested in being on the team.”

Ferguson noted that Nike, the largest company in Oregon, recently contributed money to defend a multibillion-dollar tax hike meant to fund public education in that state.

Basu shared the results of a report commissioned by Strong Schools Maryland, which concluded that the extra billions pumped into public education by the state and counties could be recovered by 2046, as a result of a larger tax base and less reliance on social safety net programs.

Basu noted that businesses in Massachusetts rallied behind education reform in that state in the early 1990s. Before the “Massachusetts miracle” education reforms, the commonwealth had a per capita income $250 higher than Maryland’s. Since the reform effort, that gap has widened to more than $8,300, Basu said.

Business groups in Annapolis have pushed back against some of the revenue proposals during bill hearings so far this year. The hearing on the Kirwan plan itself Monday is expected to draw extensive ― and perhaps more nuanced ― testimony.

David Harrington, president and CEO of the Prince George’s Chamber of Commerce, said after the meeting in Largo that he believes education reform is necessary, but “what goes hand-in-hand is improving the business climate.”

“We want to be partners in Kirwan, it makes sense, but let’s also have a conversation about how we create incentives and begin to provide increased opportunity for small businesses in Maryland,” said Harrington, a former state senator. “We have to have, equally, those conversations as well.”

Pinsky estimates that his committee will sift through dozens of possible amendments to the proposed new education policies. If implemented, he thinks the proposals could remake the educational and business landscape of his home county.

“I take the challenge personally of trying to improve our school system,” said Pinsky, who worked for 20 years in Prince George’s County Public Schools and served as a member of the Kirwan Commission. His wife retired from the school system, where his daughters were educated.

“Whether it’s that I drank the Kool-Aid, or that I’ve been a part of the process,” Pinsky said, “I’m a believer.”

By Danielle Gaines

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Report from Annapolis 2020 – Part 4 by Laura Price

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We have gotten through the first 30 of 90 days in Annapolis legislative session. MACo reviewed three dozen bills which prompted wide-ranging discussion. The tax committee had our usual assortment of subtraction modification bills that MACo again sent letters to advocate issuing State tax credits instead.

There was a bill, HB565 – “Income Tax – Business and Economic Development Tax Credit Termination,” which is similar to HB223, “End Ineffective Business Subsidies Act,” that I previously wrote about and MACo opposed. Our economic development departments need these tools to attract and retain businesses that help create and add jobs to our economy. It seems the purpose behind some of these bills is to see how much money the State can claw back from the counties to pay for the Kirwan education bill. On the opposite end of the spectrum is HB492/SB493 – “Small Business Development Center Fund,” which MACo supports. This bill would increase the minimum appropriation from $950K to $1.5 million. This helps fund our local offices that work directly with our small businesses which are just getting started, helping them create business plans to become successful business in our communities.

From the education committee, HB665 – “Public School Construction and State Buildings – Use of Geothermal Energy,” was considered. This would prohibit the construction of a new public school unless it had geothermal installed. It would also require a State building to install a geothermal energy system. While there is an interest in more environmentally friendly buildings, this is not a technology that can be utilized everywhere. It might work well for the soils on the Eastern Shore, but would not be cost effective to drill down through rock in Allegany County. It also doesn’t make sense to rip out existing systems and do systemic upgrades. It would be problematic in a building that has a chiller. The decision to use geothermal should be made on a case-by-case basis, by the engineers and architects and by considering what actually makes the most sense and will be efficient.

A bill we did support, SB495 – “Bay Restoration Funds – Municipal Wastewater Facilities (Eckardt), would especially benefit the more rural counties. This would expand the authorized uses of the BRF to include costs associated with connecting a property to an existing municipal wastewater facility with enhanced nutrient removal. Here in Talbot, we have been particularly focused on getting people off of septic and onto a sewer line. If we can expand the use of funds to help offset some of the capital costs, we can really make progress on removing more nitrogen and phosphorous from reaching the Bay waters.

HB586 – “Public Safety – Criminal History Check – Fire Departments and Ambulance Services” would prohibit our public safety departments from conducting a criminal history check or requiring an applicant to disclose those records before an initial interview. This is an add-on to the “Ban the Box” bill that passed last year. The question asks whether the job applicant has a criminal history and is now prohibited on employment applications. We can debate if this is a good idea or not, however, when it comes to our emergency and public safety positions, it is vitally important that the employer know this information. These employees are our front-line defense, often going into individuals’ homes. It would also require these departments to establish a peer review committee and they would have some input in the hiring process. Our department heads should not have to abdicate any of their authority to decide who is the best candidate to employ.

SB388 – “Circuit Court Employees – Collective Bargaining” would establish collective bargaining rights to employees of the circuit and district courts. These are state-mandated positions that the counties have to fund completely. The local jurisdictions ought to be able to control the wages of our local employees without a State labor relations board also mandating how much a county must pay. This is another example of the State mandating the position and the pay, when the county taxpayers are footing the bill, hence MACo opposes this bill. We do like HB498 which would appropriate $1 million in the State budget to be used to make grants to area agencies to expand aging in place programs for seniors. It is so much more cost-effective than having our senior citizens have to go to nursing homes and have a much better quality of life if they can stay in their own familiar homes.

All that and the Kirwan bill had not been officially introduced as of this writing. By the time you read this, Education bill SB1000/HB1300 most likely will have been made available for all to read. (https://mgaleg.maryland.gov ) I’m sure by next week, this entire column will cover what is in the bill. Word is that it will follow pretty true to the actual recommendations that were made by the Kirwan commission and also maintain the funding formulas and the split between the State and the Counties.

My fear is that it still may not identify any actual funding source for how to pay for it. That would be almost exactly like “Thornton” from almost 20 years ago. Big policy ideas for improving education, but no specific way to pay for it. In reality, at least for the county share, it will require large tax increases, because we can’t possibly cut enough in current spending to be able to afford it.

The final report from November left some questions unanswered. Such as, what is the County timetable phase in? What will count toward the mandate (school nurses from health department, school resource offices in our law enforcement, for example)? Will there be any triggers to not increase for a time period, if there is a downturn in the economy? And will there be any changes to wealth formulas? For example, in Caroline county, One penny only raises about $250k, to fully fund Kirwan, they may have to come up with $10m, which would be an increase of 40 cents on their property tax rate. That is unaffordable for the citizens and there are many, if not most counties in similar situations.

Once again, stay tuned and stay informed.

Laura Price is 2nd Vice President on the Executive Board of Directors of MACo, Chair of Budget and Tax, Talbot’s legislative liaison and member of the Talbot County Council.

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Record Funding, But Legislators Want More for Schools and Search for Ways to Fund It

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Record funding for education, record funding for health care, record funding for mental health and substance abuse treatment in a record state budget just shy of $48 billion. And no new taxes.

Gov. Larry Hogan takes credit for record after record in spending on schools and sick people. And then he lambasts the spending mandates in state law that control 83% of the budget and drive the record spending – though in some cases Hogan has added money to the mandated spending.

In many cases, he takes credit for what he is forced to do. But given the mandates, it is no small feat to balance a state budget where expenses are rising faster than revenues, and to do it with no new taxes.

Democrats this session are pushing for one of the biggest increases in spending mandates to fund the sweeping school reforms of the Kirwan Commission on education. These include universal pre-Kindergarten, enhanced services for schools in impoverished areas, better career, and technical education, and higher pay for teachers.

Hogan has agreed to fund the start of these mandates – but balks at any further changes that will balloon the budget and require higher taxes.

The new Democratic Senate president and House speaker – the first change in legislative leadership in decades – have recognized that Marylanders feel they are already overtaxed. This strong voter sentiment helped Republican Hogan get reelected twice in a Democratic state.

Senate President Bill Ferguson and House Speaker Adrienne Jones both have ruled out increasing the sales, income or property taxes – this year at least.

Taxed too much, voters tell pollster

A new poll commissioned by the House Republican Caucus puts hard data behind the opposition to any tax hikes. The survey by longtime Maryland pollster Patrick Gonzales found that voters in every subgroup thought they paid too much in taxes. That included 60% of Democrats, 78% of Republicans, 72% of women and 73% of African Americans. (The poll question did not distinguish between federal, state and local taxes. The poll of 838 likely voters has a margin of error of plus or minus 3.5%)

Graphic by Gonzales Research

On the flip side, the poll then asked: “How much would you be willing to pay every year in new taxes to increase public school funding in Maryland?” Statewide, there was a slight majority (52%) who opposed any new taxes, but even among the 60% of Democrats who said they would be willing to pay more for schools – the group most amenable to tax hikes — 25% of Democrats said they would only be willing to pay $250 more, while 19% said they would be willing to pay $500 to $1,000 more. This is not enough to fund the package long-term.

When fully implemented in 10 years, the Kirwan recommendations are expected to cost $4 billion more a year than is already spent on public schools which is now about $15 billion statewide, $7.3 billion coming from the state. The state would pay about $2.8 billion more in the 10th year, and the counties $1.2 billion more. Of course, they are taking money from the same taxpayers.

Scrambling for other sources

That’s why legislators are scrambling for other sources of taxes that do not hit Marylanders in their personal wallets.

A referendum to approve sports betting has been introduced again. Based on the experience in Nevada, legislative analysts estimate that sports betting might only bring in $35 million, chump change for the huge budget. Legalizing recreational marijuana has been put off the table this year, but medical marijuana brought in $10 million in taxes last year.

Ferguson and his predecessor, Senate President Emeritus Mike Miller, are proposing a novel idea to tax digital advertising (SB2), primarily the kind you find from Google and Facebook. The bill expressly targets companies that bring in more than $100 million in global ad revenue. The biggest companies with billions in total sales would pay up to 10% tax based on where the ads are appearing on a device registered in Maryland.

Google and Facebook have faced these issues in other states, but no such tax has passed. They would certainly be expected to put up a vigorous fight, despite the high-powered sponsors. Both Google and Facebook have the same lobbying firm in Annapolis, mainly to keep an eye on anything that might hurt them.

A hearing last week drew the expected a long list of opponents, from Comcast and advertising trade groups to the Motion Picture Industry and Maryland-Delaware-D.C. Press Association. (Disclosure: I am treasurer of MDDC and sit on its board.)

The opponents cited legal, constitutional and technical problems with the bill, problems also cited by the legislature’s own staff. There’s federal law that may prevent it, there are U.S. Supreme Court and Maryland court decisions that say it would be a violation of the first amendment, and there are all sorts of technical issues that might make it difficult to track. Making the tech giants pay more than Maryland advertisers may also violate the commerce clause of the U.S. Constitution.

A group of Montgomery County legislators are proposing a carbon tax on energy use and polluters, with part of the proceeds going to Kirwan funding. The bill also includes a tax on gas guzzling autos and SUVs, however that might be defined.

Sen. Paul Pinsky, D-Prince George’s, and other progressive groups have proposed that old chestnut, combined reporting of the corporate income tax. This tries to target out-of-state corporations that supposedly do not pay their fair share in state taxes, such as Walmart. SEIU, the service employees union, and a group of progressive legislators has also proposed an increase in the state personal income tax for earners making over $1 million but that is a nonstarter for the presiding officers.

Taxing services

As the economy has changed to emphasize services rather than goods, especially online, this is an area of opportunity for tax-writing legislators, hence the digital advertising tax. But attempts to tax services have failed before.

The most glaring example occurred in 2007 when the Maryland legislature passed a package of tax increases – including the current 6% sales tax — that taxed computer services to the tune of $200 million a year. The computer industry was taken by surprise but pushed back so strongly that the legislature repealed it before it could take effect.

Lawmakers then added a temporary surcharge on millionaires, which pushed some of them to Florida and other states that have no income tax.

The hard part is devising a service tax that captures some of that huge market without hurting the local economy or forcing companies to leave the state, as a tax on accounting or legal services might do.

The challenge won’t keep legislators from trying, despite Hogan’s opposition to any new taxes.

A version of this column appears in the February issue of The Business Monthly newspaper, serving Howard and Anne Arundel counties. It has been updated to reflect last week’s hearing.

By Len Lazarick

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Frank DeFilippo: Nobody Knows Where the Buck Stops — or Where the Bucks Are

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A secondary rivalry, as expected, is occurring between Republican Gov. Larry Hogan and the dominant Democratic General Assembly over who can deliver the pork chop to which constituency. Seniors vote. Kids don’t.

In other words, nobody knows where the buck stops, let alone where the bucks are.

At one level, the legislature’s leadership has committed to scratching for $4 billion a year, now and for the future, to fund the Kirwan education program, which will take care of the kids. The program is supposed to make Maryland’s schools “the envy of the world,” according to its namesake, Brit Kirwan, former chancellor of the state’s public higher education system.

To pay for the program, the Assembly must find a funding source, and right now lawmakers are fixated on taxing digital ads, since nearly everything else is already taxed, a dubious source from the start. It’s questionable whether a single state can take such action in what is essentially interstate, if not worldwide commerce. (Consider the fuss when France attempted a tax on Internet giants such as Google and Facebook.)

It’s important to remember, too, that the legislature can only cut the budget but cannot increase it. Nor can legislators shift money among programs.

What’s more, Kirwan is basically a bow-tied gift to two subdivisions, Baltimore City and Prince George’s County, neither of which can afford, so they say, to ante up their local shares under the joint funding formula. Prince George’s, tin cup in hand, is especially asking for help, if not to be excused from the local funding obligation as it’s currently envisioned.

Elected officials have tried for years to either repeal or scoot around the property tax cap, but the good burghers in Prince George’s repeatedly resist the attempt. So the county is stuck with the cap. (Hogan’s father, Larry Hogan Sr., incidentally, ran for county executive as an anti-tax crusader in 1978, as did his son in 2014. Hogan Senior was the last Republican to serve as Prince George’s county executive.)There’s a jolt of insincerity in that request. Baltimore is taxed to the max, and still broke, for a variety of reasons. But Prince George’s has a tax cap and is unwilling, and by consent unable, to pay its fair share at the same time it likes to boast of being host to the wealthiest black enclave in America, Mitchellville. In Baltimore, six Zip codes support the entire city.

At the other level, Hogan has promised $1 billion in tax relief for senior citizens. He would like to eventually eliminate taxes on retirement income completely (whatever that means), but for now on incomes up to $50,000 a person will do as a way, he hopes, of keeping pensioners from abandoning the state.

There are a couple of deceptions under the shells of this game, too. First, to give Hogan credit, his budget has fully funded pre-K programs, which is a major plank of the Kirwan package. But he has no more discretionary money than the General Assembly, and to begin messing with the income tax is risky business. Hogan has already cut taxes on retirement income for first responders (and also eliminated a bunch of tolls and fees).

Maryland’s income tax is one among 44 states that peg their system to the federal income tax formula, as many homeowners discovered under the Trump tax cut package. It’s a guess, and probably a solid one, that there aren’t that many retirees in Maryland who actually pay income taxes on pension money, and if they do it’s not that significant.

But the image of those caravans of elderly folks fleeing Maryland is a powerful one, even if imaginary, like covered wagons heading west or the Okies fleeing the Dust Bowl during the Great Depression. This may be the biggest blooper of all in Hogan’s proposal. America is a nation on the move. People uproot and leave for a variety of reasons, and a major motivation for rheumy seniors is weather.

The one thing Maryland cannot do to retain retirees is replicate the Sunbelt climate. And Hogan surely can’t blockade the Delaware Turnpike if the elderly choose to live across the line to save sales tax on their gerontological purchases.

Recall, too, that this is the very same legislative crew that claimed it was unable to find $200 million to continue subsidizing state retirees’ prescription drug coverage but is now convinced it can scrounge $4 billion to pay for increases in education spending.

There are various programs that help retirees as well as others on fixed and moderate incomes. One is the Homeowners Tax Credit Program, which is designed to provide protection against huge increases in assessments. It is tied to income levels.

One problem is that the income caps haven’t been adjusted for nearly a quarter of a century while at the same time Social Security and other pension COLAs are tied to inflation and have increased dramatically over the years, putting many retirees at risk of losing the benefit, or more dramatically, their homes. The increases and caps are out of sync.

So while a duel of the generations plays out in Annapolis, on paper at least, the ministers of influence must scrape and scratch for funds to back up their promises.

Don’t forget about the racetrack deal

But wait! There’s another $400 million idea kicking around that has nothing to do with education or comforting the elderly.

That’s the price tag of resuscitating the ramshackle neighborhood around Pimlico Race Course in Baltimore, a scheme cooked up between the city and the track’s owners. It would buff up Laurel as the state’s premier racetrack and retain the Preakness as a one-day spectacle at Pimlico. The rest of the area would be a mixed blessing of housing, shopping and amusement venues.

So that’s another $400 million the plan’s sponsors must identify to support the sale of an equal amount of bonds by the Maryland Stadium Authority, which must still be guaranteed by the good faith and credit of the state.

Add to that yet another $2.2 billion in school construction funds that local governments would like to tack onto the tab of the Stadium Authority, so it’s fair to assume that the legislature might have found another shortcut around standard executive budgeting process by utilizing what amounts to a “shadow government.”

Hogan’s budget, as submitted, is $47.9 billion. Add to that another $5.4 billion that the governor would like to cut from the state’s revenue stream, and the Assembly would like to increase as its wish-list, and they’re talking about some serious money.

Legislative analysts have warned that even though Hogan has plugged the structural deficit for now, a new hole of $37 million will occur in a year or two.

It was last the major education reform program, Thornton, that helped to initiate the cycle of structural deficits along with a second foolhardy and self-serving act by then-Gov. Parris Glendening (D).

Glendening ordered the Thornton study and signed it into law without providing the funding, leaving the unpaid bill to his successor, Gov. Robert L. Ehrlich Jr. (R). Glendening also cut the income tax as an election-year gift to himself when nobody expected or demanded it. The twin actions left a huge hole in future budgets, a recurring headache that exists to this day.

Kids and seniors may be accidental pawns in a high-states proxy battle, but the more appropriate question is whether they’ve been cozened by that which is desirable but beyond the state’s means. The entire mishegas could be little more than a munificent gesture in a pauper’s will.

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