It has been a full century since the 19th Amendment provided suffrage to all citizens, regardless of gender. Since then, 420 women have served in the U.S. Congress, including five candidates competing to be the Democratic Party’s second straight female presidential nominee later this year; 43 more have been elected governor in 30 American states and territories; and another 110 have served as lieutenant governor in 44 states. Equal voting rights, however, has not led to equal political representation.
Women make up more than half of the U.S. population but only fill a quarter of the nation’s legislative positions, both in Congress and in state governments nationwide. Those numbers are significantly higher in Maryland’s General Assembly, where women hold 15 of 47 seats in the State Senate (32 percent) and 57 of 141 seats in the House of Delegates (40 percent).
This year, both chambers will be led by new faces. In the House, two African American women replaced Michael Busch, who served 32 years in office, 16 as Speaker. Adrienne Jones (D-District 10) will become Maryland’s first female (and African American) Speaker while former Annapolis City Council Alderwoman Shaneka Henson (D-District 30A) will be sworn into Busch’s delegate seat. Henson says this has caused confusion. “Some people think I am Adrienne Jones; others assumed that whoever succeeded Busch as Delegate automatically became Speaker.” Another African American woman, Sheree Sample-Hughes (D-District 37A), will follow Jones as Speaker Pro-Tem. In the Senate, Thomas V. “Mike” Miller, Jr. (D-District 27) will cede the presidency after 32 years to “Bill” Ferguson, IV (D-District 46); however, Miller, first elected as a Delegate in 1971, will remain a Senator for the 45th straight year.
Recap of the 2019 Legislative Session
Despite daunting health challenges the last legislative session faced—Miller announced on the second day that he had stage-four prostate cancer; Busch, who was recovering from a liver transplant, died of pneumonia on the second to last day—it was very productive. An almost $47 billion budget—four billion dollars more than fiscal 2018—included many significant pieces of legislation.
Criminal penalties for not reporting suspected child abuse and cyberbullying increased to a maximum $10,000 fine and/or three years in prison (up to ten years if cyberbullying causes a suicide). All suicide attempt survivors are now exempt from prosecution (unless other crimes are committed). Lawmakers abolished Maryland’s Handgun Permit Review Board of cases appealing State Police denials (now heard by administrative law judges). More of Maryland’s electricity must come from renewable sources such as solar power over oil, coal, and gas. Purchasers of tobacco products must be 21. Businesses with 14 or more employees must pay a $15 an hour minimum wage by 2025 (those with fewer employees have longer). While the overall amount of bills ultimately signed by the Governor may have seemed discouraging, several women beat the odds. The number of laws that experienced senators Melony Griffith (D-District 25) and Adelaide Eckardt (R-District 37) sponsored reached double digits; in fact, all 14 of Griffith’s bills passed while Eckardt’s overall tally placed her among the 20 most successful lawmakers. Sen. Sarah Elfreth (D-District 30) led all newcomers in bill-to-law efficiency (80 percent).
What to Expect in the 2020 Legislative Session
Education and The Blueprint for Maryland’s Future
“Some people think I am Adrienne Jones; others assumed that whoever succeeded Busch as Delegate automatically became Speaker.”
—Shaneka Henson
The final conclusions of the 26-member Kirwan Commission on Innovation and Excellence in Education, created by the General Assembly in 2016, were scheduled to be submitted by Dec. 31, 2019. The core of the report’s “Blueprint for Maryland’s Future” will be a new educational funding formula—replacing the current, decades-old funding estimates—to more equitably disperse state-collected revenues to Maryland school districts by assigning higher amounts to less wealthy school systems and lower amounts to wealthier ones, with a focus on addressing child poverty where the highest disadvantaged populations exist.
“We have not in any way planned for the cost of expanding pre-K. The Commission’s report will pose significant capital challenges.”
—Sarah Elfreth
The report will endorse increasing both teacher salaries—with stricter requirements for teacher certification—and pre-kindergarten programs. “We have not in any way planned for the cost of expanding pre-K,” Sen. Elfreth cautions. “The Commission’s report will pose significant capital challenges.” According to Del. Brooke Lierman (D-District 46), even more money will be needed “for resources not only within the classroom,” such as books, supplies, equipment, and staff, “but also outside the classroom, including building construction and student activities.” Paying for the Commission’s major proposals will require an almost four billion dollar increase in allocations from state, county, and city governments. “Where do we get that?” asks Sen. Eckardt, the Treasurer (and a former President) of the Maryland Federation of Republican Women. “Our rural communities just don’t have it, and they cannot be forced to decide to pay for this blueprint or providing basic services such as police and fire departments.”
There are many ideas being proposed to answer Sen. Eckardt’s question. One way is to increase revenue without raising income taxes. “I can unequivocally say that there will not be a six thousand dollar per household tax to fund the report’s proposals, as some have reported,” Sen. Elfreth countered. “I instead advocate keeping our tax base up to date with technology. We can collect hundreds of millions of dollars in annual revenue from taxing the sales of online purchases and sports gaming—which is also connected to the future of the Pimlico and Laurel racetracks.”
Del. Lierman brought up the 2017 Tax Cuts and Jobs Act that created Qualified Opportunity Zones to promote economic growth and new jobs by offering federal tax benefits for a commitment to inject eligible capital into community projects. “Governors in many states are recommending that certain census tracks become opportunity zones using monies like capital gains that would be ‘taxed into’ opportunity zone funds,” she says. “If you leave that money there for 10 years, the capital gains taxes are erased and the money will turn a profit. Anyone can create an opportunity zone fund, so Maryland needs to align their tax credits to encourage this.” Another way is to reduce costs elsewhere, such as lowering non-renewable energy consumption. Del. Alice Cain (D-District 30A), the former Executive Vice President of the nonprofit Teach Plus with a 15-year background in education, sponsored the 2019 Green Schools Act to encourage this approach. “We want to build the next generation of environmental standards by empowering students to form community partnerships that will decrease the carbon footprint of Maryland’s classrooms,” she says.
A third way is to disburse supplemental funds ahead of time. In anticipation of the Commission’s report, legislators approved a school spending bill in the 2019 session that provides, over the next two years, an additional $800 million past the normal levels of annual educational support (five of the amendments on this bill were written by Del. Cain). More ideas are on the way, according to Sen. Eckardt. “How to implement the Kirwan recommendations will consume a large portion of the 2020 session, but it is the legislature’s most important priority.”
Environmental Protection
In addition to the Green Schools Act, Sen. Elfreth is concerned about “high levels of lead in the water that schools use.” She and Del. Cain will be co-sponsoring a bill that addresses storm water management problems. “The building manual of the Maryland Department of the Environment mandates that new construction projects account for 1.7 inches of water during rainstorms,” Sen. Elfreth says. “We want to increase it to 2.5 inches.” Efforts to combat climate change will not be limited to the schools. “I also want to do something about whether or not Maryland can subvert federal restrictions on where solar panels can be placed,” Sen. Eckardt adds. “Currently, local authority is being overridden.” Del. Lierman, the incoming subcommittee chair of the Environmental and Transportation Committee, mentioned another major task force scheduled to release its findings in 2020: The Maryland Transportation Administration’s two-year regional transit plan. “This past July, the MTA’s first unconstrained capital needs assessment showed a two billion dollar gap in what they need vs. what was allocated.” She pledges “to close this gap” and “support legislation to reduce greenhouse gases by making our transportation systems electricity-based.” She stressed that “as a state and as a country, we’re at a critical juncture regarding our carbon footprint. We need to right the wrongs of previous generations.”
Election Reform
“Many people committing crimes don’t use legal weapons. The top violence issue is stolen guns, especially in Baltimore.”
—Kathy Szeliga
Del. Cain serves on a subcommittee on election law that—ahead of the 2020 presidential election—intends to take on “deep fake videos on social media,” misleading clips that inaccurately portray anyone seemingly saying anything. “I realize this is a free speech issue so they can’t be completely banned but we can mandate that they not be available a certain number of days before an election.” Adds Lois Hybl, Co-President of the League of Women Voters, “In addition to campaign finance reform, we need to ensure secure elections, such as using paper ballots, which allow an audit of the results; expand polling places on campus; and provide felons in prison with more access to voting materials so that when they vote upon their release—which felons can do since 2016—they’ll be prepared.” The League is also advocating redistricting reform. Hybl urged “an independent commission to do it. The same standards for state legislative districts should be applied to congressional districts.” Ashley Oleson, the League’s Maryland Director, warns that “the current outcome without these standards is voter suppression.”
Recycled Bills from 2019
Marijuana: In addition to the Kirwan Commission and MTA reports, the assessment of a third significant project on how to legalize marijuana is scheduled to be publicized in time to allow the current legislative session to consider their recommendations. Several related bills to legalize, regulate, and tax cannabis for adult use were defeated last year, including a proposal to let the people vote on legalization in 2020. “Is it time to go forward when we don’t have all of the research we’ll need to make the best decisions?” Sen. Eckardt asks. “In other states that have opened the market, there have been significant law enforcement issues.”
Assisted Suicide: For the fifth straight year, the End-of-Life Option Act allowing terminally ill patients to end their own lives according to a set of strict guidelines—adult Maryland residents with less than six months to live—is expected to be reintroduced. Last year, it passed in the House but died in the Senate.
Firearms: Two gun-related bills are expected to make a comeback, one to put the Colt AR-15 Sporter H-BAR (heavy-barrel) rifle on Maryland’s regulated weapons list (died in committee) and a related bill mandating long gun licenses (stuck in committee without a vote—Maryland currently requires only hand gun licenses). In addition, Del. Kathy Szeliga (R-District 7), the 2016 Republican U.S. Senate nominee, will retry upping the penalty for stealing a firearm to a felony (from a misdemeanor). “Many people committing crimes don’t use legal weapons,” she says. “The top violence issue is stolen guns, especially in Baltimore.” Del. Cain will both retry banning 3D-printed guns and submit a new bill targeting improperly stored weapons.
Women’s Issues
(That Affect Everyone)
Human Trafficking: According to Del. Cain, “This is a growing problem in Maryland. The BWI Corridor is one of the worst places in the country for the sex trade. We need to increase the penalties for human trafficking and stop requiring the survivors of this practice to testify against the accused. Don’t victimize the victims.” Del. Trent Kittleman (R-District 9A) is the current President of the Maryland Women’s Legislative Caucus, which “firmly believes that fighting human trafficking is a non-partisan issue that should be embraced by the entire legislature.”
“There needs to be a separate murder charge, which some people may be hesitant to add because it could impact the abortion issue.”
—Trent Kittleman
Abortion: In 2017, Maryland accounted for almost 30,000 of nearly 900,000 abortions nationwide. As anti-abortion laws were implemented in several southern states and then challenged in court, a 2019 bill requiring doctors to submit abortion-related statistics to the Maryland Department of Health is expected to be reintroduced (it died in committee).
Separate Murder Charges for Fetuses: A 2019 law that merely added to the penalty of killing a pregnant woman if the fetus died didn’t go far enough, Del. Kittleman says. “There needs to be a separate murder charge, which some people may be hesitant to add because it could impact the abortion issue.”
Youth Matrimony: Sen. Elfreth wants to make raising Maryland’s marriage age, “currently 15 ½ under certain circumstances,” a public health issue. “Many studies argue that it’s much better to wait until age 18.”
“if 2020 is the Year of the Woman, it should also be the Year of the Healthy Brain.”
—Adelaide Eckardt
Early Childhood Development: Sen. Eckardt is adamant that “if 2020 is the Year of the Woman, it should also be the Year of the Healthy Brain.” The Kirwan Commission “has a heavy emphasis on pre-K programs but we need to start with pregnancy, pre-natal care, birth, and then the first couple of years before pre-K even starts. Early brain development—from conception to age five—is probably the most critical period in a person’s life because we can make corrections for children on the autism spectrum and improve the consequences of brain trauma. High child care costs need to be addressed and linked to the promotion of brain health. There is a direct correlation between early childhood development and eventual incarceration. We need to think long-term to make progress on today’s social issues, including problem behaviors such as addiction. I’d like to start this conversation and formulate a path forward.”
Conclusion
With these and other new or reintroduced bills adding up to a projected fiscal year 2021 budget close to $50 billion—or more, depending on the outcome of three major studies covering education, transportation, and marijuana—the 2020 Maryland Legislative Session will be one of the busiest ever. The 100th anniversary of the 19th amendment will also put women’s issues in the spotlight. While NASA made history last October with the first all-female spacewalk, women still earn approximately 80 cents for every dollar men earn (a figure basically unchanged since 2004). Of the many important topics facing Maryland, especially related to women, a great deal of progress has been made, but there remains so much more to do.
Mark Croatti, who teaches American Government and Comparative Politics at the United States Naval Academy and the George Washington University, has covered Maryland’s Legislative Session since 2004.
