2022 Legislative Session Preview by District 36 Delegates, Part 2

Peter Heck • February 15, 2022


This is Part 2 of the 2022 session preview of the Maryland General Assembly given by the 36th District delegates on January 10. Sponsored by the Kent County Chamber of Commerce and the League of Women Voters, the discussion featured Sen. Steve Hershey and Dels. Jay Jacobs (Kent County), Jeff Ghrist (Caroline) and Steve Arentz (Queen Anne’s). All are Republicans. For Part 1, see Common Sense, Feb. 3.

 

Moderator Kate Van Name, of the Chamber of Commerce board of directors, asked about the state budget and the legislative priorities for the upcoming fiscal year.

 

Arentz said the budget will come out during the session; the delegates haven’t seen it. He said Gov. Larry Hogan had been “a great thing for the state as far as budget issues,” and that almost two-thirds of the previous year’s budget had been in the form of grants from the federal government. He said it was important to keep in mind that the money “is still tax dollars,” though from federal rather than state taxes. He said the surplus allowed Hogan to announce a $1,500 bonus for state employees, “so apparently the budget looks pretty good on that end.” He said there is probably no need for many major state tax increases.

 

Arentz described the Kirwan commission’s educational reforms as “the gorilla in the room, sitting out there taking and draining dollars” from the budget. He said the problem was particularly acute for Kent County. “There’s no way Kent can afford those kind of dollars,” he said, noting that the General Assembly would need to “find a way to afford it.” There are “a lot of infrastructure projects that need to be done,” as well as workforce development and expansion of some state services. Also, he said, unemployment will continue to be an issue. He said he expected the budget to be “straightforward,” but that paying for it will “be off the backs of the taxpayers.”

 

Jacobs said that because of the federal grants, “There’s a lot of money flowing last year, and there’s a lot of hands hanging out looking for it right now.” He said there are a number of capital projects in the four counties that make up the district and promised the delegates would do what they could to help fund them. But “at some point, this is going to end, and we’re going to be back in reality mode and have to pay this back.” He agreed there would probably be no tax increases in the upcoming session, and the state was “in fairly good shape” as far as funding projects. He said the state needs to reduce the cost of prescription drugs for retirees, and “hopefully that’ll be addressed in the upcoming session.”

 

Hershey said he expects the governor to invest in capital projects, and that the delegation would be working to get state funding for the district.

 

Ghrist noted that the General Assembly can’t change the total amount of the budget, but it can change line items. The “faucet” of federal funding is going to be turned off, “and that’s going to force people to go back to work,” he said. If people continue “to stay on the sidelines,” it will affect state revenue, he said. He also expressed concern over the possibility of a recession, recalling the 2008 recession’s effect on the economy. “A lot of people just don’t want to work,” he said, noting that a lot of their expenses had been paid for by covid-19 relief funds. “At some point, that’s going to get cut off and they’re going to have to make their own money,” he said.

 

Speaking of the Kirwan Commission, Jacobs said the delegation was “really concerned about how Kent County is going to get hit by this,” as it is the smallest county in the state by population. He said the Kirwan administrators were “just adamantly opposed” to tweaking their formula, since it characterizes Kent as the third richest county in the state. That figure, however, doesn’t mesh with the high number of Kent students who receive free and reduced meals in the schools, he said. “It’s really not a fair assessment of Kent County at all,” he said. The delegation is looking at ways to adjust that perception, possibly finding a formula like the one applied to smaller colleges. Transportation funding may be one area for adjustment, he said. “That’s one of the big challenges for us here, with such a small system. It’s a very rural county, with a lot of miles driven per day.” He said he wasn’t happy with the idea of a grant payment to close the gap, because it wouldn’t necessarily continue year after year, “and you need certainty.”

 

Ghrist said the assessment of Kent as one of the richest counties in the state was based on capital wealth, but that it didn’t take disparities in income into consideration. Also, he noted, Kent’s tax rate is among the highest in the state, leaving no room to raise more locally. “The county’s completely tapped out,” he said. But he said he was confident that the assembly would get a solution this year.

 

Arentz invited Eastern Shore residents who want to listen in on the Shore delegation’s meetings with state department heads or who have other issues to email him at steven.arentz@house.state.md.us.

 

Van Name asked the delegates how members of the Chamber of Commerce could support them. Arentz said that all the members put out newsletters that constituents can follow and comment on. “I think it’s important that you get involved and follow the legislation,” he said. “We need to keep you involved in that to help us with some ideas.” Also, he invited constituents to be available to testify on bills that affect them or that they have particular interest in.

 

Hershey said there has never been a lack of support from Kent County, which he described as one of the most active counties, “especially for its size.” He mentioned Jamie Williams, Kent County’s director of economic development, who advocated for a plan to open up the state for data centers, a measure that was passed by the assembly and is bearing fruit in several parts of the state. He echoed Arentz’s call for residents to reach out to delegates with their ideas and concerns.

 

Sam Shoge, executive director of the Kent Chamber, closed out the session by passing along a few questions from other participants in the Zoom meeting. The first question, from Hope Clark, asked about the effects of climate change on residents and businesses on the Shore, and what the delegates were doing to address it.

 

Jacobs said he hadn’t seen any significant trends in the amount of coastal flooding in Rock Hall, his hometown. He said he saw more floods in the 1970s, when he was in the seafood business, than he does now. There are a lot more built-up areas now, and there are definitely areas around the state that are prone to flooding. “I can tell you there’s no shortage of legislation in my committee on climate issues,” he said. Anyone interested can go on the General Assembly website and see bills that have been pre-filed, he said. He invited anyone to reach out to his office if they have questions on the issues.

 

“Honestly, there probably isn’t any policy that the State of Maryland is going to pass that will affect these prevailing weather patterns,” Hershey said. He said the district delegation has advocated for projects for reconstruction, shoreline stabilization, and stormwater management and diversion. He called attention to the Conowingo Dam as an on-going issue, which he characterized as the source and cause of flooding in the Bay and on the Shore. “We need our federal partners to help us with that,” he said, noting that Congress has recently passed a “huge” infrastructure program. He wasn’t sure if any funds were earmarked for the dam, but he said that cleaning up the problems with the dam would do more for Maryland’s environment than any policies for renewable energy, offshore wind farms, or the like. “I ask that we focus our efforts more on that than on the amount of renewable energy that is coming into the State of Maryland,” he said.

 

Linda Weimer, of the Maryland League of Conservation Voters, asked whether the availability of surplus funds from the federal government would make this a good time to transition the state’s fleet of vehicles to electric power, and to require higher levels of energy efficiency in new buildings.

 

“I think we’re seeing legislation on both of those issues,” Hershey said. “Once again, I think it’s a cost issue.” If the progress so far hasn’t been sufficient, he said, he expected to see more action on those issues.

 

John Peterson said that taxes on federal pensions need to be more like Delaware’s, so that residents aren’t forced to move out of the state upon retirement. He asked if the delegates plan to address that issue. “Hear, hear!” said Jacobs.

 

Hershey said the governor has proposed legislation to remove taxes on pensions and has done so for his entire time in office. He said that many residents would find that to be a better use of the budget surplus than electrifying state vehicles. He said he thought it was more important to “take care of our retirees” and keep people in the state. He noted that retirees play important roles by volunteering in local communities, especially on the Shore. “We have to make sure that those people are able to stay in Maryland, and that they’re not being enticed by other states because of the tax policies.” He said he would strongly favor ending taxes on retirees.

 

“We lose in many ways,” said Jacobs, noting that retirees have less money to donate to local causes and nonprofits because of tax policy.

 

Ghrist added that retirees often consume less in government services than other residents. Also, he said, retirees aren’t going to get raises to help them deal with inflation “going through the roof.” He said the delegates and the governor’s office would do something to respond to the issue.

 

In closing, Shoge thanked the delegates for their efforts on behalf of the 36th District, and thanked Van Name for moderating and the League of Women Voters for sponsoring the forum. He wished them best of luck for the upcoming session. He said the Chamber would conduct another meeting at the end of the General Assembly session, sometime in April, for the delegates to report on what took place and how it will affect the district.

 

The discussion is available in its entirety for viewing. The event runs just over an hour.

 

 

Peter Heck is a Chestertown-based writer and editor, who spent 10 years at the Kent County News and three more with the Chestertown Spy. He is the author of 10 novels and co-author of four plays, a book reviewer for Asimov’s and Kirkus Reviews, and an incorrigible guitarist.

Common Sense for the Eastern Shore

By Friends of Megan Outten July 29, 2025
Megan Outten, a lifelong Wicomico County resident and former Salisbury City Councilwoman, officially announced her candidacy recently for Wicomico County Council, District 7. At 33, Outten brings the energy of a new generation combined with a proven record of public service and results-driven leadership. “I’m running because Wicomico deserves better,” Outten said. “Too often, our communities are expected to do more with less. We’re facing underfunded schools, limited economic opportunities, and years of neglected infrastructure. I believe Wicomico deserves leadership that listens, plans ahead, and delivers real, measurable results.” A Record of Action and A Vision for the Future On Salisbury’s City Council, Outten earned a reputation for her proactive, hands-on approach — working directly with residents to close infrastructure gaps, support first responders, and ensure everyday voices were heard. Now she’s bringing that same focus to the County Council, with priorities centered on affordability, public safety, and stronger, more resilient communities. Key Priorities for District 7: Fully fund public schools so every child has the opportunity to succeed. Fix aging infrastructure and county services through proactive investment. Keep Wicomico affordable with smarter planning and pathways to homeownership. Support first responders and safer neighborhoods through better tools, training, and prevention. Expand resources for seniors, youth, and underserved communities. Outten’s platform is rooted in real data and shaped by direct community engagement. With Wicomico now the fastest-growing school system on Maryland’s Eastern Shore — and 85% of students relying on extra resources — she points to the county’s lagging investment as a key area for action. “Strong schools lead to strong jobs, thriving industries, and healthier communities,” Outten said. “Our schools and infrastructure are at a tipping point. We need leadership that stops reacting after things break — and starts investing before they do.” A Commitment to Home and Service Born and raised in Wicomico, Megan Outten sees this campaign as a continuation of her lifelong service to her community. Her vision reflects what she’s hearing from neighbors across the county: a demand for fairness, opportunity, and accountability in local government. “Wicomico is my home; it’s where I grew up, built my life, and where I want to raise my family,” Outten said. “Our county is full of potential. We just need leaders who will listen, work hard, and get things done. That’s what I’ve always done, and that’s exactly what I’ll continue to do on the County Council.” Outten will be meeting with residents across District 7 in the months ahead and unveiling more details of her platform. For more information or to get involved, contact info@meganoutten.com
By John Christie July 29, 2025
Way back in 1935, the Supreme Court determined that independent agencies like the Consumer Product Safety Commission (CPSC), the National Labor Relations Board (NLRB) and the Merit Systems Protection Board (MSPB) do not violate the Constitution’s separation of powers. Humphrey’s Executor v. United States (1935). Congress provided that the CPSC, like the NLRB and MSPB, would operate as an independent agency — a multi-member, bipartisan commission whose members serve staggered terms and could be removed only “for neglect of duty or malfeasance in office but for no other cause.” Rejecting a claim that the removal restriction interferes with the “executive power,” the Humphrey’s Court held that Congress has the authority to “forbid their [members’] removal except for cause” when creating such “quasi-legislative or quasi-judicial” bodies. As a result, these agencies have operated as independent agencies for many decades under many different presidencies. Shortly after assuming office in his second term, Donald Trump began to fire, without cause, the Democratic members of several of these agencies. The lower courts determined to reinstate the discharged members pending the ultimate outcome of the litigation, relying on Humphrey’s , resulting in yet another emergency appeal to the Supreme Court by the administration. In the first such case, a majority of the Court allowed President Trump to discharge the Democratic members of the NLRB and the MSPB while the litigation over the legality of the discharges continued. Trump v. Wilcox (May 22, 2025). The majority claimed that they do not now decide whether Humphrey’s should be overruled because “that question is better left for resolution after full briefing and argument.” However, hinting that these agency members have “considerable” executive power and suggesting that “the Government” faces greater “risk of harm” from an order allowing a removed officer to continue exercising the executive power than a wrongfully removed officer faces from being unable to perform her statutory duty,” the majority gave the President the green light to proceed. Justice Kagan, joined by Justices Sotomayor and Jackson, dissented, asserting that Humphrey’s remains good law until overturned and forecloses both the President’s firings and the Court’s decision to award emergency relief.” Our emergency docket, while fit for some things, should not be used to “overrule or revise existing law.” Moreover, the dissenters contend that the majority’s effort to explain their decision “hardly rises to the occasion.” Maybe by saying that the Commissioners exercise “considerable” executive power, the majority is suggesting that Humphrey’s is no longer good law but if that is what the majority means, then it has foretold a “massive change” in the law and done so on the emergency docket, “with little time, scant briefing, and no argument.” And, the “greater risk of harm” in fact is that Congress provided for these discharged members to serve their full terms, protected from a President’s desire to substitute his political allies. More recently, in the latest shadow docket ruling in the administration’s favor, the same majority of the Court again permitted President Trump to fire, without cause, the Democratic members of another independent agency, this time the Consumer Product Safety Commission (CPSC). Trump v. Boyle (July 23, 2025). The same three justices dissented, once more objecting to the use of the Court’s emergency docket to destroy the independence of an independent agency as established by Congress. The CPSC, like the NLRB and MSPB, was designed to operate as “a classic independent agency.” In Congress’s view, that structure would better enable the CPSC to achieve its mission — ensuring the safety of consumer products, from toys to appliances — than would a single-party agency under the full control of a single President. “By allowing the President to remove Commissioners for no reason other than their party affiliation, the majority has negated Congress’s choice of agency bipartisanship and independence.” The dissenters also assert that the majority’s sole professed basis for the more recent order in Boyle was its prior order in Wilcox . But in their opinion, Wilcox itself was minimally explained. So, the dissenters claim, the majority rejects the design of Congress for a whole class of agencies by “layering nothing on nothing.” “Next time, though, the majority will have two (if still under-reasoned) orders to cite. Truly, this is ‘turtles all the way down.’” Rapanos v. United States (2006). * ***** *In Rapanos , in a footnote to his plurality opinion, former Supreme Court Justice Scalia explained that this allusion is to a classic story told in different forms and attributed to various authors. His favorite version: An Eastern guru affirms that the earth is supported on the back of a tiger. When asked what supports the tiger, he says it stands upon an elephant; and when asked what supports the elephant, he says it is a giant turtle. When asked, finally, what supports the giant turtle, he is briefly taken aback, but quickly replies "Ah, after that it is turtles all the way down." John Christie was for many years a senior partner in a large Washington, D.C. law firm. He specialized in anti-trust litigation and developed a keen interest in the U.S. Supreme Court about which he lectures and writes.
By Shore Progress, Progessive Maryland, Progressive Harford Co July 15, 2025
Marylanders will not forget this vote.
Protest against Trumpcare, 2017
By Jan Plotczyk July 9, 2025
More than 30,000 of our neighbors in Maryland’s first congressional district will lose their health insurance through the Affordable Care Act and Medicaid because of provisions in the GOP’s heartless tax cut and spending bill passed last week.
Farm in Dorchester Co.
By Michael Chameides, Barn Raiser May 21, 2025
Right now, Congress is working on a fast-track bill that would make historic cuts to basic needs programs in order to finance another round of tax breaks for the wealthy and big corporations.
By Catlin Nchako, Center on Budget and Policy Priorities May 21, 2025
The House Agriculture Committee recently voted, along party lines, to advance legislation that would cut as much as $300 million from the Supplemental Nutrition Assistance Program. SNAP is the nation’s most important anti-hunger program, helping more than 41 million people in the U.S. pay for food. With potential cuts this large, it helps to know who benefits from this program in Maryland, and who would lose this assistance. The Center on Budget and Policy Priorities compiled data on SNAP beneficiaries by congressional district, cited below, and produced the Maryland state datasheet , shown below. In Maryland, in 2023-24, 1 in 9 people lived in a household with SNAP benefits. In Maryland’s First Congressional District, in 2023-24: Almost 34,000 households used SNAP benefits. Of those households, 43% had at least one senior (over age 60). 29% of SNAP recipients were people of color. 15% were Black, non-Hispanic, higher than 11.8% nationally. 6% were Hispanic (19.4% nationally). There were 24,700 total veterans (ages 18-64). Of those, 2,200 lived in households that used SNAP benefits (9%). The CBPP SNAP datasheet for Maryland is below. See data from all the states and download factsheets here.
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