“Election integrity monitoring” is one element of the Maryland Republican Party’s ambitious early voting plan, wrote a former press secretary and speech writer to Robert Ehrlich, Jr. in a Baltimore Sun op-ed this week.
There’s another way to describe election integrity monitoring. It’s voter suppression and intimidation.
Unwarranted challenges to people’s right to vote, literature that gives the wrong date for the election or misleadingly implies that you can’t vote if you haven’t paid your rent or your parking tickets, or outright intimidation by posting off-duty law enforcement officials in uniform at polls in targeted areas.
These tactics are used in districts with high Democratic turnout and a high percentage or African-American or Hispanic voters.
Four years ago, the guide that urged Republican poll watchers in Maryland to challenge voters was leaked to the Washington Post the week before the election.
Whether or not such challenges uncover any fraud, they “just try to cause chaos and long lines,” stated the director of the National Campaign for Fair Elections in 2006.
“Election integrity monitoring” for this fall’s election by Maryland Republicans is now hiding in plain sight.
Channeling Ronald Reagan, “There they go again.”
Mr. Ehrlich should personally repudiate such tactics.
Thursday, August 5, 2010
Tuesday, July 20, 2010
After the Fox News Frenzy, Bipartisan Support Is Welcome
In Maryland, it is illegal to influence a voter’s decision to go to the polls or vote through the use of force, menace, intimidation, bribe, reward, or offer of reward.
That became our law after the General Assembly overrode Governor Ehrlich’s veto of Senate Bill 287 in 2005.
The Voter’s Rights Protection Act of 2010, sponsored by myself and Senator Lisa Gladden, authorized a judge to issue an injunction to prevent voter intimidation if there are reasonable grounds to believe such actions are about to happen.
However, this bill did not become law because Senator Andrew Harris objected to its consideration during the final hour of the 90-day session.
He was not alone. Nine Republican senators and 34 Republican delegates voted against this legislation.
In light of the controversy over the actions of members of the new Black Panther Party at a polling place in Philadelphia, I welcome bipartisan support when we reintroduce this legislation next year.
That became our law after the General Assembly overrode Governor Ehrlich’s veto of Senate Bill 287 in 2005.
The Voter’s Rights Protection Act of 2010, sponsored by myself and Senator Lisa Gladden, authorized a judge to issue an injunction to prevent voter intimidation if there are reasonable grounds to believe such actions are about to happen.
However, this bill did not become law because Senator Andrew Harris objected to its consideration during the final hour of the 90-day session.
He was not alone. Nine Republican senators and 34 Republican delegates voted against this legislation.
In light of the controversy over the actions of members of the new Black Panther Party at a polling place in Philadelphia, I welcome bipartisan support when we reintroduce this legislation next year.
Thursday, July 8, 2010
Unopposed!
For the first time in 28 years, I do not have a contested Democratic primary!
July 6th was the filing deadline, and the only candidates for the three seats in the House of Delegates for the 41st District are my two colleagues, Delegates Jill Carter and Nathaniel Oaks, and myself.
We will have a Republican opponent in November, but the Democratic nomination virtually assures us of election. Lisa Gladden, my State Senator, has no opponents in the primary or general election.
We have come a long way from eight years ago. I won then by only 245 votes when the boundary lines of the district were redrawn by the courts after the census.
As I told a reporter, “I am credible when I talk about religious freedom in the Orthodox Jewish community and civil rights issues in the African-American community.”
In addition, our delegation has delivered for the diverse communities of the 41st District – from capital improvements for firehouses and outdoor running tracks, to making the wheels of government function properly for our constituents.
I won’t be taking the summer off. I'll be working on my legislative agenda for next year. Plus, there are several friends in the House of Delegates whom I’ll be campaigning for in the coming weeks, as well as Governor O’Malley and the rest of the Democratic ticket in the fall.
July 6th was the filing deadline, and the only candidates for the three seats in the House of Delegates for the 41st District are my two colleagues, Delegates Jill Carter and Nathaniel Oaks, and myself.
We will have a Republican opponent in November, but the Democratic nomination virtually assures us of election. Lisa Gladden, my State Senator, has no opponents in the primary or general election.
We have come a long way from eight years ago. I won then by only 245 votes when the boundary lines of the district were redrawn by the courts after the census.
As I told a reporter, “I am credible when I talk about religious freedom in the Orthodox Jewish community and civil rights issues in the African-American community.”
In addition, our delegation has delivered for the diverse communities of the 41st District – from capital improvements for firehouses and outdoor running tracks, to making the wheels of government function properly for our constituents.
I won’t be taking the summer off. I'll be working on my legislative agenda for next year. Plus, there are several friends in the House of Delegates whom I’ll be campaigning for in the coming weeks, as well as Governor O’Malley and the rest of the Democratic ticket in the fall.
Friday, April 9, 2010
Thursday, April 8 – Play Ball!
Several weeks ago, I asked the Clerk’s Office if I could give the opening prayer for the House on Passover and Opening Day of the baseball season. Turns out they already had me listed.
I had written the baseball prayer in my mind’s eye before my father passed away.
Some personal moments that I hope are universal:
Baseball is…
Waiting for your father to come home from work, so you can play catch in the back yard;
Meeting Casey Stengel in the dugout at Memorial Stadium and impressing him that a 10-year old knows that you score a short to second to first double play: 6-4-3;
Being cut from the junior varsity baseball team in high school after batting practice because you ducked on every curve ball;
Asking Earl Weaver to autograph a photo for the Speaker and he writes, “Mike, Pass Sandy’s bills, Earl.”;
Having your father in the stands this past July when your team won the league championship; and
Hoping that the House – and the Judiciary Committee, adjourn in time today for you to hear the umpire say, “Play ball!”
I had written the baseball prayer in my mind’s eye before my father passed away.
Some personal moments that I hope are universal:
Baseball is…
Waiting for your father to come home from work, so you can play catch in the back yard;
Meeting Casey Stengel in the dugout at Memorial Stadium and impressing him that a 10-year old knows that you score a short to second to first double play: 6-4-3;
Being cut from the junior varsity baseball team in high school after batting practice because you ducked on every curve ball;
Asking Earl Weaver to autograph a photo for the Speaker and he writes, “Mike, Pass Sandy’s bills, Earl.”;
Having your father in the stands this past July when your team won the league championship; and
Hoping that the House – and the Judiciary Committee, adjourn in time today for you to hear the umpire say, “Play ball!”
Thursday, April 8, 2010
Wednesday, April 7 – Delayed Impact
You say taxation, and I say tenacity.
Amendments designed to put Democrats on record about the need for tax increases to maintain current spending levels were offered by House Republicans as we debated the state budget last week.
Announcing his candidacy for Governor yesterday, Bob Ehrlich one upped them. He pledged to undo the one cent increase in the sales tax that we adopted in 2007.
He did not say where he would cut $600 million from the budget to compensate for the lost revenue. He never put forward such reductions as Governor. In fact, the legislature consistently reduced his proposed expenditures over his four-year term.
Martin O’Malley, on the other hand, will talk about leadership in tough times and investing in the state’s future.
----
The Finance Committee will have a workgroup on my arbitration bill. The members I’ve talked to understand why the bill is needed. Consumers are far too often stuck with arbitrators who are not impartial.
My educated guess: the bill will be amended and then delayed on the Senate floor by the banking industry. Then the House will have to concur in these changes the last night of the session.
My voter’s rights bill has been amended by the Election Laws subcommittee in the House. No delays likely, but Senate will have to agree to these changes as well.
Amendments designed to put Democrats on record about the need for tax increases to maintain current spending levels were offered by House Republicans as we debated the state budget last week.
Announcing his candidacy for Governor yesterday, Bob Ehrlich one upped them. He pledged to undo the one cent increase in the sales tax that we adopted in 2007.
He did not say where he would cut $600 million from the budget to compensate for the lost revenue. He never put forward such reductions as Governor. In fact, the legislature consistently reduced his proposed expenditures over his four-year term.
Martin O’Malley, on the other hand, will talk about leadership in tough times and investing in the state’s future.
----
The Finance Committee will have a workgroup on my arbitration bill. The members I’ve talked to understand why the bill is needed. Consumers are far too often stuck with arbitrators who are not impartial.
My educated guess: the bill will be amended and then delayed on the Senate floor by the banking industry. Then the House will have to concur in these changes the last night of the session.
My voter’s rights bill has been amended by the Election Laws subcommittee in the House. No delays likely, but Senate will have to agree to these changes as well.
Wednesday, April 7, 2010
Tuesday, April 6 - Rhetorical or face-to-face
The outcome was not in doubt, but my colleagues kept talking.
When the clerk calls the roll, our votes light up on a big electronic board. Any member can rise for up to two minutes to explain his or her vote.
If eyeballing of the green (yes) and red (no) lights indicates a close vote, members will stall for time and speak, allowing for some last-minute persuasion. (That can be rhetorical or face-to-face.)
When you know that the vote is going to be close, you assign people to stand up and explain their position to allow for your reluctant votes to be reminded of their commitment.
That was not the case today. The gang bill passed, 111-28. But a few people did get their sound bites in the newspaper.
When the clerk calls the roll, our votes light up on a big electronic board. Any member can rise for up to two minutes to explain his or her vote.
If eyeballing of the green (yes) and red (no) lights indicates a close vote, members will stall for time and speak, allowing for some last-minute persuasion. (That can be rhetorical or face-to-face.)
When you know that the vote is going to be close, you assign people to stand up and explain their position to allow for your reluctant votes to be reminded of their commitment.
That was not the case today. The gang bill passed, 111-28. But a few people did get their sound bites in the newspaper.
Monday, April 5, 2010
Monday, April 5 – Legislating and Endorsing
We’re in the home stretch.
With one week left in the session, two of my bills require some legislating to become law.
We hope to amend the bill authorizing a court to issue a restraining order to prevent certain election law violations. If the House makes that change, then the Senate will have to do so as well.
A Senate hearing tomorrow for my legislation to aid credit card customers and other consumers by requiring organizations that perform arbitration activities to disclose the outcome of the decisions they have reached, the fees they are paid, and their ties to the businesses that select them. Word is that several lobbyists have been hired to defeat my proposal.
I met with the committee chair to outline what the bill would do and why it’s needed. He promised us a fair hearing.
After the session ends, serious campaigning will begin.
This weekend, I received my first candidate questionnaire from an interest group. I found it odd, if not inappropriate, to remind us that endorsements are coming while bills are still pending.
With one week left in the session, two of my bills require some legislating to become law.
We hope to amend the bill authorizing a court to issue a restraining order to prevent certain election law violations. If the House makes that change, then the Senate will have to do so as well.
A Senate hearing tomorrow for my legislation to aid credit card customers and other consumers by requiring organizations that perform arbitration activities to disclose the outcome of the decisions they have reached, the fees they are paid, and their ties to the businesses that select them. Word is that several lobbyists have been hired to defeat my proposal.
I met with the committee chair to outline what the bill would do and why it’s needed. He promised us a fair hearing.
After the session ends, serious campaigning will begin.
This weekend, I received my first candidate questionnaire from an interest group. I found it odd, if not inappropriate, to remind us that endorsements are coming while bills are still pending.
Thursday, April 1, 2010
Thursday, April 1 – Insider Position
I’m an insider.
I’m also one of the more liberal members of the legislature.
My first year here, I learned that you can often get a lot more done if you’re willing to seek common ground and settle for incremental progress. And you’re more likely to achieve that end if you don’t harden another legislator’s viewpoint by drawing attention to your differences.
A case in point this week.
Students in a legal clinic at the University of Maryland Law School sued a chicken farm on the Eastern Shore for violating the Clean Water Act.
That prompted the State Senate to make $250,000 of the law school’s appropriation contingent upon a report being submitted about the cases brought by the Environmental Law Clinic.
I got a call early this week from a member of the faculty. My advice: draft alternative language that responds to the legislature’s legitimate concerns but doesn’t put any of your funding at risk. I also arranged a meeting with House leaders.
I also said: “I won’t vote for a floor amendment that would strike the committee’s language. A recorded vote would harden positions on both sides and make it more difficult to reach an acceptable compromise.”
Senator Harry McGuirk was known as Soft Shoes because he frequently got things done without leaving traces of his involvement.
I can’t claim that I’m filling his shoes, but sometimes I’m following in his footsteps.
I’m also one of the more liberal members of the legislature.
My first year here, I learned that you can often get a lot more done if you’re willing to seek common ground and settle for incremental progress. And you’re more likely to achieve that end if you don’t harden another legislator’s viewpoint by drawing attention to your differences.
A case in point this week.
Students in a legal clinic at the University of Maryland Law School sued a chicken farm on the Eastern Shore for violating the Clean Water Act.
That prompted the State Senate to make $250,000 of the law school’s appropriation contingent upon a report being submitted about the cases brought by the Environmental Law Clinic.
I got a call early this week from a member of the faculty. My advice: draft alternative language that responds to the legislature’s legitimate concerns but doesn’t put any of your funding at risk. I also arranged a meeting with House leaders.
I also said: “I won’t vote for a floor amendment that would strike the committee’s language. A recorded vote would harden positions on both sides and make it more difficult to reach an acceptable compromise.”
Senator Harry McGuirk was known as Soft Shoes because he frequently got things done without leaving traces of his involvement.
I can’t claim that I’m filling his shoes, but sometimes I’m following in his footsteps.
Wednesday, March 31, 2010
Wednesday, March 31 – Impeachment tea party
The tea party movement came to Annapolis today.
A resolution to impeach the Attorney General was debated on the House floor and then considered by my committee.
There is absolutely no basis in law for impeaching the Attorney General because he wrote a legal opinion on same-sex marriage that some members disagree with. By no stretch of legal reasoning does it constitute “incompetency, willful neglect of duty or misdemeanor in office.”
Nonetheless, over the last two days, our attention has been diverted from the legislation properly before us to this attention getter.
In the meetings I participated in yesterday, we decided that the appropriate forum for acting on this matter was not the full House but the Judiciary Committee.
During today’s floor debate, I reminded my colleagues that both the Nixon and Clinton impeachment resolutions were referred to the Judiciary Committee. I also noted that a motion to expel a Maryland state senator twelve years ago was first sent to the Joint Committee on Legislative Ethics.
Explaining my vote in committee, I stated, “The appropriate forum to decide whether the Attorney General correctly reasoned that the state may recognize same-sex marriages performed in another state is not the floor of the House of Delegates. It is not the Judiciary Committee. It is a court of law.”
A resolution to impeach the Attorney General was debated on the House floor and then considered by my committee.
There is absolutely no basis in law for impeaching the Attorney General because he wrote a legal opinion on same-sex marriage that some members disagree with. By no stretch of legal reasoning does it constitute “incompetency, willful neglect of duty or misdemeanor in office.”
Nonetheless, over the last two days, our attention has been diverted from the legislation properly before us to this attention getter.
In the meetings I participated in yesterday, we decided that the appropriate forum for acting on this matter was not the full House but the Judiciary Committee.
During today’s floor debate, I reminded my colleagues that both the Nixon and Clinton impeachment resolutions were referred to the Judiciary Committee. I also noted that a motion to expel a Maryland state senator twelve years ago was first sent to the Joint Committee on Legislative Ethics.
Explaining my vote in committee, I stated, “The appropriate forum to decide whether the Attorney General correctly reasoned that the state may recognize same-sex marriages performed in another state is not the floor of the House of Delegates. It is not the Judiciary Committee. It is a court of law.”
Tuesday, March 30, 2010
Tuesday, March 30 – No means no
No opposition means there’s no opposition.
I hope.
No one signed up to testify against my two bills in the Senate Judicial Proceedings Committee. The chairman took note of that after I finished testifying on the first.
That legislation deals with legal liability for architectural and design firms when their employees enter on a third party’s property during a construction or renovation project. The example I gave was setting foot on a railroad property to make an assessment of a bridge overhead.
Arcane for sure.
The second was my bill extending the reporter’s shield law to student journalists for college newspapers. The chairman repeated the first argument I made in my written testimony.
But unanimity is not busting out all over Annapolis.
I was in back-to-back meetings about two very controversial issues: impeachment of Attorney General Doug Gansler because of his legal opinion that the State can recognize same-sex marriages performed in other states and a budget bill amendment that would cut funds for the Environmental Law Clinic at the University of Maryland Law School because it sued Perdue Farms for allegedly violating the Clean Water Act.
What we decided will be known shortly.
I hope.
No one signed up to testify against my two bills in the Senate Judicial Proceedings Committee. The chairman took note of that after I finished testifying on the first.
That legislation deals with legal liability for architectural and design firms when their employees enter on a third party’s property during a construction or renovation project. The example I gave was setting foot on a railroad property to make an assessment of a bridge overhead.
Arcane for sure.
The second was my bill extending the reporter’s shield law to student journalists for college newspapers. The chairman repeated the first argument I made in my written testimony.
But unanimity is not busting out all over Annapolis.
I was in back-to-back meetings about two very controversial issues: impeachment of Attorney General Doug Gansler because of his legal opinion that the State can recognize same-sex marriages performed in other states and a budget bill amendment that would cut funds for the Environmental Law Clinic at the University of Maryland Law School because it sued Perdue Farms for allegedly violating the Clean Water Act.
What we decided will be known shortly.
Monday, March 29, 2010
Monday, March 29 – Why is this Crossover different?
Crossover and Passover coincide this year.
Crossover is the deadline for House bills to receive a constitutional majority, 71 votes, and cross over to a Senate committee, which will hold a public hearing on the legislation. Same for Senate bills coming to the House.
If you miss this deadline, your bill goes to the Rules Committee. It may still get a hearing but at a later date.
Time is not your friend in these last two weeks. So that delay can be fatal.
Because Passover begins tonight, the crossover deadline has been extended from today to tomorrow.
When we reconvene, I will offer this prayer:
Why is this Crossover different from all others?
At the seder table last night and tonight, the youngest child asks: “Why is this night different from all other nights?”
The first time that Jewish boys, and more recently girls, are able to read the Four Questions in Hebrew – in front of their extended family, is a proud moment indeed.
We call this holiday Passover because the Angel of Death, the malechamovitz, killed the first born sons of Egyptian families but passed over the houses of Pharaoh’s slaves, the Jews.
After this tenth and final plague, Pharaoh let my people go.
The exodus to freedom has inspired many generations and many peoples.
In the Palm Sunday gospel, Luke writes of the day of Unleavened Bread on which the Passover lamb had to be sacrificed. Jesus sent Peter and John, saying, "Go and make preparations for us to eat the Passover."
In 1968, Dr. Maryin Luther King, Jr. was planning to join the seder of Rabbi Abraham Joshua Heschel, who had stood beside him on the march from Selman to Birmingham. An assassin’s bullet prevented that celebration.
Last year, a seder was held in the White House for the first time. The search for the hidden piece of matzo, the afikomen, was conducted by the only two children present – Malia and Sasha.
Wherever the seder is held, it concludes with a declaration - in centuries past a dream, but now a reality:
Next year in Jerusalem.
Amen.
Crossover is the deadline for House bills to receive a constitutional majority, 71 votes, and cross over to a Senate committee, which will hold a public hearing on the legislation. Same for Senate bills coming to the House.
If you miss this deadline, your bill goes to the Rules Committee. It may still get a hearing but at a later date.
Time is not your friend in these last two weeks. So that delay can be fatal.
Because Passover begins tonight, the crossover deadline has been extended from today to tomorrow.
When we reconvene, I will offer this prayer:
Why is this Crossover different from all others?
At the seder table last night and tonight, the youngest child asks: “Why is this night different from all other nights?”
The first time that Jewish boys, and more recently girls, are able to read the Four Questions in Hebrew – in front of their extended family, is a proud moment indeed.
We call this holiday Passover because the Angel of Death, the malechamovitz, killed the first born sons of Egyptian families but passed over the houses of Pharaoh’s slaves, the Jews.
After this tenth and final plague, Pharaoh let my people go.
The exodus to freedom has inspired many generations and many peoples.
In the Palm Sunday gospel, Luke writes of the day of Unleavened Bread on which the Passover lamb had to be sacrificed. Jesus sent Peter and John, saying, "Go and make preparations for us to eat the Passover."
In 1968, Dr. Maryin Luther King, Jr. was planning to join the seder of Rabbi Abraham Joshua Heschel, who had stood beside him on the march from Selman to Birmingham. An assassin’s bullet prevented that celebration.
Last year, a seder was held in the White House for the first time. The search for the hidden piece of matzo, the afikomen, was conducted by the only two children present – Malia and Sasha.
Wherever the seder is held, it concludes with a declaration - in centuries past a dream, but now a reality:
Next year in Jerusalem.
Amen.
Friday, March 26, 2010
Friday, March 26 – Then and Now
“The Chamber of Commerce opposed the bill then. They oppose this modest change now.”
I was speaking on the House floor, in response to another delegate’s point that the Chamber opposed the SLAPP bill I was defending.
Strategic Lawsuits Against Public Participation are brought to intimidate opponents, usually an individual or a neighborhood association, not to win in court.
I sponsored the SLAPP bill when we passed it six years ago. I drafted the amendments to it this week.
Four years ago, I introduced legislation that would authorize a court to act before fraud or voter suppression stains the electoral process. The court can intervene if there are reasonable grounds to believe someone is about to violate the law.
For the first time, this legislation will be debated on the Senate floor. By a 6-5 margin, a Senate committee gave it a favorable report last night.
Today, I spoke to one of the Democrats on that panel. I was amazed to learn that he had voted against my bill because he feared that it would be used to harass groups doing voter registration.
I told him the bill is modeled on a provision in the federal Voting Rights Act of 1965. He assured me he’d switch his vote.
I was speaking on the House floor, in response to another delegate’s point that the Chamber opposed the SLAPP bill I was defending.
Strategic Lawsuits Against Public Participation are brought to intimidate opponents, usually an individual or a neighborhood association, not to win in court.
I sponsored the SLAPP bill when we passed it six years ago. I drafted the amendments to it this week.
Four years ago, I introduced legislation that would authorize a court to act before fraud or voter suppression stains the electoral process. The court can intervene if there are reasonable grounds to believe someone is about to violate the law.
For the first time, this legislation will be debated on the Senate floor. By a 6-5 margin, a Senate committee gave it a favorable report last night.
Today, I spoke to one of the Democrats on that panel. I was amazed to learn that he had voted against my bill because he feared that it would be used to harass groups doing voter registration.
I told him the bill is modeled on a provision in the federal Voting Rights Act of 1965. He assured me he’d switch his vote.
Thursday, March 25, 2010
Thursday, March 25 – Summer Flowering
A dead bill in another forum may smell as sweet - eventually.
Some of my legislation may not flower before we adjourn, but some of these proposals will be worked on after the session ends.
Consigning a bill to summer study often delays the inevitable, but it doesn’t have to.
I realized last fall that my bill to fund loan forgiveness for public service attorneys was not going to pass this session.
That came about when I learned that the Maryland Access to Justice Commission, an arm of the judicial branch, had crafted a bill to increase funding for the Maryland Legal Services Corporation.
That bill would be in the line ahead of mine this session, but that commission could work on my idea next. Its support would be a big boost for my idea in 2011.
A second summer study came about after the committee chairman said at the public hearing on another bill of mine that he wanted to examine in greater depth how the state allocates the money from the legal settlement with the cigarette industry.
He’s already told me I can be an active participant in that review.
So I won’t be spending the entire summer on the campaign trail or Camden Yards.
Some of my legislation may not flower before we adjourn, but some of these proposals will be worked on after the session ends.
Consigning a bill to summer study often delays the inevitable, but it doesn’t have to.
I realized last fall that my bill to fund loan forgiveness for public service attorneys was not going to pass this session.
That came about when I learned that the Maryland Access to Justice Commission, an arm of the judicial branch, had crafted a bill to increase funding for the Maryland Legal Services Corporation.
That bill would be in the line ahead of mine this session, but that commission could work on my idea next. Its support would be a big boost for my idea in 2011.
A second summer study came about after the committee chairman said at the public hearing on another bill of mine that he wanted to examine in greater depth how the state allocates the money from the legal settlement with the cigarette industry.
He’s already told me I can be an active participant in that review.
So I won’t be spending the entire summer on the campaign trail or Camden Yards.
Wednesday, March 24, 2010
Wednesday, March 24 – On the lead but no longer unanimous
I became the lead sponsor of one bill and lost 25 votes on another during this morning’s floor session.
Mine is not the only bill that would require the Public Service Commission to make comparative information about electricity prices easily accessible to the public.
Last week, I was told that another delegate’s legislation would be the vehicle for this issue and I would be riding along as a co-sponsor.
“No problem,” I responded. “I can still tell my constituents that I played an important role. I don’t have to be the lead sponsor.”
I learned today that change has come to Annapolis. I’m now the lead sponsor.
Most consumers do not realize that when they sign a standard contract to lease or buy goods or services, they may be giving up their rights to take any contract disputes to court.
Some arbitration organizations almost invariably rule for the business, not the consumer. My House Bill 379 would require these companies to make data available on the outcome of their cases.
This legislation passed the House, 140-0, until one by one, 25 members, overwhelmingly Republicans, stood up to ask that their votes be changed from green to red.
I guess they had forgotten that the banks oppose my bill.
Mine is not the only bill that would require the Public Service Commission to make comparative information about electricity prices easily accessible to the public.
Last week, I was told that another delegate’s legislation would be the vehicle for this issue and I would be riding along as a co-sponsor.
“No problem,” I responded. “I can still tell my constituents that I played an important role. I don’t have to be the lead sponsor.”
I learned today that change has come to Annapolis. I’m now the lead sponsor.
Most consumers do not realize that when they sign a standard contract to lease or buy goods or services, they may be giving up their rights to take any contract disputes to court.
Some arbitration organizations almost invariably rule for the business, not the consumer. My House Bill 379 would require these companies to make data available on the outcome of their cases.
This legislation passed the House, 140-0, until one by one, 25 members, overwhelmingly Republicans, stood up to ask that their votes be changed from green to red.
I guess they had forgotten that the banks oppose my bill.
Tuesday, March 23, 2010
Tuesday, March 23 – Channeling Harpo
“He’s honest but you gotta watch him.”
Chico Marx says that about Harpo in “A Day at the Races.”
If I had followed a lobbyist’s advice today, people would have said of me, “He’s for the bill but you gotta watch him.”
The lobbyist, whom I respect, asked me about a bill I have co-sponsored.
“Are you going to vote for it?” this person asked.
“Of course, it’s important to many of my constituents,” I replied.
“Can you ask members of the committee that has the bill not to vote for it?”
“Absolutely not. I’m not going to work both ends against the middle.”
Harpo once burned a candle at both ends. But he’s not an elected official.
If you’re for a bill, you want it to pass. If you act otherwise, people are watching.
Chico Marx says that about Harpo in “A Day at the Races.”
If I had followed a lobbyist’s advice today, people would have said of me, “He’s for the bill but you gotta watch him.”
The lobbyist, whom I respect, asked me about a bill I have co-sponsored.
“Are you going to vote for it?” this person asked.
“Of course, it’s important to many of my constituents,” I replied.
“Can you ask members of the committee that has the bill not to vote for it?”
“Absolutely not. I’m not going to work both ends against the middle.”
Harpo once burned a candle at both ends. But he’s not an elected official.
If you’re for a bill, you want it to pass. If you act otherwise, people are watching.
Monday, March 22, 2010
March 22 – Working by choice
“Being a woman is no longer a pre-existing condition.”
If you were glued to the floor debate on CSPAN like I was, you heard that talking point from Speaker Pelosi and other Democratic women.
Far too many Americans – both male and female, have decided not to change jobs because a pre-existing condition would leave them uninsurable by their new employer. This roadblock to individual advancement is now a thing of the past.
But this reform also reminded me of language in an abortion case decided by the Supreme Court.
“The ability of women to participate equally in the economic and social life of the Nation has been facilitated by their ability to control their reproductive lives,” wrote Justices O’Connor, Kennedy, and Souter in Planned Parenthood v. Casey.
Family planning and, to a lesser degree, abortion have enabled countless women to pursue their chosen role in both the workplace and the home. That opportunity will be expanded by health care reform.
If you were glued to the floor debate on CSPAN like I was, you heard that talking point from Speaker Pelosi and other Democratic women.
Far too many Americans – both male and female, have decided not to change jobs because a pre-existing condition would leave them uninsurable by their new employer. This roadblock to individual advancement is now a thing of the past.
But this reform also reminded me of language in an abortion case decided by the Supreme Court.
“The ability of women to participate equally in the economic and social life of the Nation has been facilitated by their ability to control their reproductive lives,” wrote Justices O’Connor, Kennedy, and Souter in Planned Parenthood v. Casey.
Family planning and, to a lesser degree, abortion have enabled countless women to pursue their chosen role in both the workplace and the home. That opportunity will be expanded by health care reform.
Saturday, March 20, 2010
Friday, March 19 – Cultural and Political Stereotypes
Rosenberg is "probably to the left of Bernie Sanders," writes a blogger on mdshooters.com.
Mr. Sanders is a Democratic Socialist and a member of the United States Senate.
I meet one of the criteria in Alvy Singer's cultural stereotype of a Jewish left-wing liberal in “Annie Hall.” I lived on the Upper West Side of Manhattan during law school.
But my father doesn't have Ben Shahn drawings, and I didn't go to socialist summer camps. It was Reform Judaism summer camp instead.
As to the blogger's political stereotype, I succeed in Annapolis when I seek common ground.
I raise issues that others may not - gun control and civil rights, among them, but I'm not a majority of one.
Incremental progress is better than press releases bemoaning unfavorable reports.
By the way, The Almanac of American Politics has called Senator Sanders a "practical" and "successful legislator."
----
Clarification: I wrote last week that “the alleged SLAPP [Strategic Lawsuit Against Public Participation] is the suit filed by the Cordish Cos., asserting fraudulent acts in the referendum petition drive opposing a slots facility at Arundel Mills.”
The only defendant in that suit is the Anne Arundel County Board of Elections. Maryland law defines a SLAPP suit as an action "brought against a party who has communicated with a federal, State, or local government body or the public at large."
However, Stop Slots at the Mall, the coalition that led the referendum effort, has filed a motion to intervene in that lawsuit.
Mr. Sanders is a Democratic Socialist and a member of the United States Senate.
I meet one of the criteria in Alvy Singer's cultural stereotype of a Jewish left-wing liberal in “Annie Hall.” I lived on the Upper West Side of Manhattan during law school.
But my father doesn't have Ben Shahn drawings, and I didn't go to socialist summer camps. It was Reform Judaism summer camp instead.
As to the blogger's political stereotype, I succeed in Annapolis when I seek common ground.
I raise issues that others may not - gun control and civil rights, among them, but I'm not a majority of one.
Incremental progress is better than press releases bemoaning unfavorable reports.
By the way, The Almanac of American Politics has called Senator Sanders a "practical" and "successful legislator."
----
Clarification: I wrote last week that “the alleged SLAPP [Strategic Lawsuit Against Public Participation] is the suit filed by the Cordish Cos., asserting fraudulent acts in the referendum petition drive opposing a slots facility at Arundel Mills.”
The only defendant in that suit is the Anne Arundel County Board of Elections. Maryland law defines a SLAPP suit as an action "brought against a party who has communicated with a federal, State, or local government body or the public at large."
However, Stop Slots at the Mall, the coalition that led the referendum effort, has filed a motion to intervene in that lawsuit.
Thursday, March 18, 2010
Thursday, March 18 – Not taken for granted
“Did you have to ask me that?”
I had asked my Democratic colleague, “Will you vote against the two death penalty bills in our committee?”
“I’m not taking anybody’s vote for granted,” I replied.
We will send a strong message if every committee member who opposes capital punishment votes against legislation that would expand the death penalty.
Shortly before this conversation took place on the House floor, I had a chance conversation with a lobbyist who asked me about my bill dealing with education requirements for funeral directors.
The bill had sailed through the House, without any opposition. It will have a public hearing in the Senate next week.
“I’ll check with someone who alerted me to a problem on a similar bill several years ago,” I replied. “I won’t take it for granted that the bill will pass.”
I had asked my Democratic colleague, “Will you vote against the two death penalty bills in our committee?”
“I’m not taking anybody’s vote for granted,” I replied.
We will send a strong message if every committee member who opposes capital punishment votes against legislation that would expand the death penalty.
Shortly before this conversation took place on the House floor, I had a chance conversation with a lobbyist who asked me about my bill dealing with education requirements for funeral directors.
The bill had sailed through the House, without any opposition. It will have a public hearing in the Senate next week.
“I’ll check with someone who alerted me to a problem on a similar bill several years ago,” I replied. “I won’t take it for granted that the bill will pass.”
Wednesday, March 17, 2010
Wednesday, March 17 – SLAPPs and Slots
“That’s my bill!” I said to myself early this morning.
An article in the Sun referred to a state statute that "prohibits meritless suits brought by large private interests, often real estate developers, to deter ordinary citizens from exercising their political or legal rights."
That quote is from Alan Rifkin, the lawyer for opponents of a casino at Arundel Mills.
He’s referring to my legislation designed to short circuit SLAPP suits – Strategic Lawsuits Against Public Participation.
Typically, SLAPPs are frivolous lawsuits brought by a well-heeled business to intimidate an individual or community association that’s fighting a proposed development but lacks the money to defend itself in court.
Goliath vs. David.
In this instance, the alleged SLAPP is the suit filed by the Cordish Cos., asserting fraudulent acts in the referendum petition drive opposing a slots facility at Arundel Mills.
Just as the 1st Amendment equally protects Glenn Beck and George Soros, the SLAPP law protects a tiny neighborhood group and Magna Entertainment Corp.
An article in the Sun referred to a state statute that "prohibits meritless suits brought by large private interests, often real estate developers, to deter ordinary citizens from exercising their political or legal rights."
That quote is from Alan Rifkin, the lawyer for opponents of a casino at Arundel Mills.
He’s referring to my legislation designed to short circuit SLAPP suits – Strategic Lawsuits Against Public Participation.
Typically, SLAPPs are frivolous lawsuits brought by a well-heeled business to intimidate an individual or community association that’s fighting a proposed development but lacks the money to defend itself in court.
Goliath vs. David.
In this instance, the alleged SLAPP is the suit filed by the Cordish Cos., asserting fraudulent acts in the referendum petition drive opposing a slots facility at Arundel Mills.
Just as the 1st Amendment equally protects Glenn Beck and George Soros, the SLAPP law protects a tiny neighborhood group and Magna Entertainment Corp.
Tuesday, March 16, 2010
Tuesday, March 16 – Half Full
By nature, I think the glass is half full.
But in Annapolis, I don’t take that for granted.
Ten years ago, I sponsored the bill creating a special fund for the money Maryland received from its legal settlement with the tobacco industry.
We targeted this money to address the health problems caused by tobacco use: preventing kids from starting to smoke, helping adults to break their addiction, and research and treatment for the diseases attributable to tobacco.
For example, a $250,000 grant to a young researcher at Johns Hopkins in 2004 was the starting point for a blood test that now monitors tumors in cancer patients.
However, the fiscal crisis has resulted in the cigarette money being siphoned off to other uses.
So I introduced a bill to redirect that money to my original priorities.
At the end of today's hearing on my bill, the committee chairman said that since there were a lot of unmet health needs, it was time to take a look at how we spend this money in the future. He told the committee there would be a summer study.
I’m already following up to make sure that the glass is flowing over at the conclusion of that study.
But in Annapolis, I don’t take that for granted.
Ten years ago, I sponsored the bill creating a special fund for the money Maryland received from its legal settlement with the tobacco industry.
We targeted this money to address the health problems caused by tobacco use: preventing kids from starting to smoke, helping adults to break their addiction, and research and treatment for the diseases attributable to tobacco.
For example, a $250,000 grant to a young researcher at Johns Hopkins in 2004 was the starting point for a blood test that now monitors tumors in cancer patients.
However, the fiscal crisis has resulted in the cigarette money being siphoned off to other uses.
So I introduced a bill to redirect that money to my original priorities.
At the end of today's hearing on my bill, the committee chairman said that since there were a lot of unmet health needs, it was time to take a look at how we spend this money in the future. He told the committee there would be a summer study.
I’m already following up to make sure that the glass is flowing over at the conclusion of that study.
Monday, March 15, 2010
Monday, March 15 – Without a Vote
“I don’t have a vote – for now.”
That’s what I told a lobbyist who came to see me about my one of my bills.
After you introduce legislation, it’s assigned to a committee. Your bill is now in the possession of that committee – literally and legislatively.
If an amendment to your bill is being considered, you can express your opinion, but the committee decides.
When the proposed change is controversial, not having a vote can be a blessing in disguise.
----
The Sun article about my bagel brain has been posted on the website of the Maryland Nazi Party.
It’s springtime for gun control, as Mel Brooks would say.
That’s what I told a lobbyist who came to see me about my one of my bills.
After you introduce legislation, it’s assigned to a committee. Your bill is now in the possession of that committee – literally and legislatively.
If an amendment to your bill is being considered, you can express your opinion, but the committee decides.
When the proposed change is controversial, not having a vote can be a blessing in disguise.
----
The Sun article about my bagel brain has been posted on the website of the Maryland Nazi Party.
It’s springtime for gun control, as Mel Brooks would say.
Saturday, March 13, 2010
Friday, March 12 - Bagel Brain Jews
"Bagel Brain Jews Want Your Bullets and Your Guns"
This anti-Semitic attack on myself and Senator Brian Frosh is the handiwork of the Jews for the Preservation of Firearms Ownership.
I ignored this foul slur when I first learned of it from a Google News Alert.
After it was mailed to residents in Senator Frosh's neighborhood, a Sun reporter asked me about it.
He accurately quoted me as saying: "I'm not going to allow them to deter me from what I believe we should be doing, nor is it going to prompt me to fall into the gutter with them."
http://www.baltimoresun.com/news/maryland/politics/bal-md.flier13mar13,0,3259898.story
It was front page news that my committee and my chairman were criticized for "rude behavior and ravaging witnesses" by the president of the Women Legislators of Maryland.
As I've written in this diary, witnesses need to be asked more tough questions, not fewer.
One constituent wrote me: "80 million of law abiding gun owners knows this [my bill is "just a political agenda rather than what's best for the citizenry."] and they sure remember it at re-election time."
My 28 years in Annapolis have taught me otherwise. If the voters know that you make your decisions on controversial bills after serious thought, they won't throw you out of office because of one vote.
Advocates on the right and the left may wish that were so, but it rarely is.
This anti-Semitic attack on myself and Senator Brian Frosh is the handiwork of the Jews for the Preservation of Firearms Ownership.
I ignored this foul slur when I first learned of it from a Google News Alert.
After it was mailed to residents in Senator Frosh's neighborhood, a Sun reporter asked me about it.
He accurately quoted me as saying: "I'm not going to allow them to deter me from what I believe we should be doing, nor is it going to prompt me to fall into the gutter with them."
http://www.baltimoresun.com/news/maryland/politics/bal-md.flier13mar13,0,3259898.story
It was front page news that my committee and my chairman were criticized for "rude behavior and ravaging witnesses" by the president of the Women Legislators of Maryland.
As I've written in this diary, witnesses need to be asked more tough questions, not fewer.
One constituent wrote me: "80 million of law abiding gun owners knows this [my bill is "just a political agenda rather than what's best for the citizenry."] and they sure remember it at re-election time."
My 28 years in Annapolis have taught me otherwise. If the voters know that you make your decisions on controversial bills after serious thought, they won't throw you out of office because of one vote.
Advocates on the right and the left may wish that were so, but it rarely is.
Thursday, March 11, 2010
Thursday, March 11 – Gunning for an answer
I don’t think I’ve quoted Justice Scalia before.
But today I did.
Testifying on my gun control legislation, I read from his decision striking down a law prohibiting a citizen from keeping a gun in the home for self defense.
"Nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms."
I cited the Justice because witnesses had wrongly claimed that provisions in bills heard before mine violated the 2nd Amendment’s protection of the right to bear arms.
The fate of my bill won’t be decided by a judge but by the answer to a familiar question: Why do we need this bill?
In this instance, my chairman phrased it this way: Does our existing licensing system adequately prevent the sale of firearms to criminals?
But today I did.
Testifying on my gun control legislation, I read from his decision striking down a law prohibiting a citizen from keeping a gun in the home for self defense.
"Nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms."
I cited the Justice because witnesses had wrongly claimed that provisions in bills heard before mine violated the 2nd Amendment’s protection of the right to bear arms.
The fate of my bill won’t be decided by a judge but by the answer to a familiar question: Why do we need this bill?
In this instance, my chairman phrased it this way: Does our existing licensing system adequately prevent the sale of firearms to criminals?
Wednesday, March 10, 2010
Wednesday, March 10 – Equal Protection for Soros and Beck
What do George Soros and Glenn Beck have in common?
Soros, a survivor of Nazi and Communist oppression in his native Hungary, has funded various liberal advocacy and research organizations.
Beck was a Top 40 DJ before he became a leading voice of the conservative movement as a host on Fox News.
Yesterday, discussion of my libel tourism bill on the House floor was delayed 24 hours.
This legislation would protect Marylanders from libel judgments in a foreign court if that country does not provide at least as much protection for freedom of speech and press as our federal and state constitutions.
“Will this bill help George Soros?” another delegate asked me this morning.
“The First Amendment equally protects George Soros and Glenn Beck,” I replied.
Soros, a survivor of Nazi and Communist oppression in his native Hungary, has funded various liberal advocacy and research organizations.
Beck was a Top 40 DJ before he became a leading voice of the conservative movement as a host on Fox News.
Yesterday, discussion of my libel tourism bill on the House floor was delayed 24 hours.
This legislation would protect Marylanders from libel judgments in a foreign court if that country does not provide at least as much protection for freedom of speech and press as our federal and state constitutions.
“Will this bill help George Soros?” another delegate asked me this morning.
“The First Amendment equally protects George Soros and Glenn Beck,” I replied.
Tuesday, March 9, 2010
Tuesday, March 9 – Other people’s work
Sometimes, other people can do the work for you.
You may remember that the doctors objected to my bill allowing homeless minors to provide consent for their medical treatment.
I asked the bill’s advocate to meet with the pediatricians’ lobbyist. I have heard that their talks were productive.
Today, I was told a letter is on its way from the physicians, withdrawing their objections.
Now I’ll follow up with key members and staff of the committee that will vote on the bill.
Sometimes, a lawyer can hedge as well as a politician.
The attorney from the State Bar Association raised specific objections to my bill requiring board of directors or shareholder approval before a Maryland corporation can make an independent campaign expenditure.
It was far more effective than if he had made the tired old claim that corporations would flee the state for Delaware if this burden was imposed upon them.
Then a committee member asked if he could support the bill if certain provisions were removed.
“It would probably be ok, making it more difficult to testify against it,” he artfully responded.
You may remember that the doctors objected to my bill allowing homeless minors to provide consent for their medical treatment.
I asked the bill’s advocate to meet with the pediatricians’ lobbyist. I have heard that their talks were productive.
Today, I was told a letter is on its way from the physicians, withdrawing their objections.
Now I’ll follow up with key members and staff of the committee that will vote on the bill.
Sometimes, a lawyer can hedge as well as a politician.
The attorney from the State Bar Association raised specific objections to my bill requiring board of directors or shareholder approval before a Maryland corporation can make an independent campaign expenditure.
It was far more effective than if he had made the tired old claim that corporations would flee the state for Delaware if this burden was imposed upon them.
Then a committee member asked if he could support the bill if certain provisions were removed.
“It would probably be ok, making it more difficult to testify against it,” he artfully responded.
Monday, March 8, 2010
Monday, March 8 – Free Speech Reversal
“Can I read it first?”
I was on my way to the Amendment Office with the advocates’ proposed changes to my legislation.
And I did read the bill with the staff lawyer who would draft the amendments before I gave my OK.
It is an advocate or lobbyist’s job to advance their cause, but it is ultimately the member’s decision to make as to what is sound public policy.
----
Last week, you may recall, I testified on a bill of mine that was prompted by a Supreme Court decision.
Next fall, the court will hear a case that may affect a law that I helped pass four years ago.
Rev. Fred Phipps and the Westboro Baptist Church are infamous for their anti-gay sloganeering. "Fag troops" and "Thank God for dead soldiers" were among the signs they displayed outside the funeral in Westminster, Md. of Marine Lance Cpl. Matthew Snyder, who was killed in Iraq.
The Marine’s father sued in federal court and won a $5 million defamation judgment. The Supreme Court announced today that it will decide whether the church members’ right to free speech is violated by that damage award.
Our bill makes it a crime to knowingly obstruct another person’s access to a funeral, address speech to a person attending a funeral that is likely to produce an imminent breach of the peace, or picket within 100 feet of a funeral.
Rev. Phipps and his followers were not prosecuted for violating that law. Nonetheless, the Supreme Court’s decision next term will discuss the free speech principles that guided us in crafting our statute.
I was on my way to the Amendment Office with the advocates’ proposed changes to my legislation.
And I did read the bill with the staff lawyer who would draft the amendments before I gave my OK.
It is an advocate or lobbyist’s job to advance their cause, but it is ultimately the member’s decision to make as to what is sound public policy.
----
Last week, you may recall, I testified on a bill of mine that was prompted by a Supreme Court decision.
Next fall, the court will hear a case that may affect a law that I helped pass four years ago.
Rev. Fred Phipps and the Westboro Baptist Church are infamous for their anti-gay sloganeering. "Fag troops" and "Thank God for dead soldiers" were among the signs they displayed outside the funeral in Westminster, Md. of Marine Lance Cpl. Matthew Snyder, who was killed in Iraq.
The Marine’s father sued in federal court and won a $5 million defamation judgment. The Supreme Court announced today that it will decide whether the church members’ right to free speech is violated by that damage award.
Our bill makes it a crime to knowingly obstruct another person’s access to a funeral, address speech to a person attending a funeral that is likely to produce an imminent breach of the peace, or picket within 100 feet of a funeral.
Rev. Phipps and his followers were not prosecuted for violating that law. Nonetheless, the Supreme Court’s decision next term will discuss the free speech principles that guided us in crafting our statute.
Saturday, March 6, 2010
Friday, March 5 – Nothing is guaranteed
No votes were taken today, but progress to report on several bills.
Two of my bills have been assigned to subcommittees.
That’s no guarantee of favorable action. Nothing is guaranteed in the legislative process.
But a committee chair doesn’t ask members to work on a bill that the chair wants to kill.
On the Cigarette Restitution Fund, the interested parties had positive discussions about how to streamline the distribution of funds to reduce smoking among teens and treat those with tobacco-related illnesses.
Amendments have been drafted on my bill to require stockholder approval before a Maryland corporation can make an independent political expenditure. I’ve shared these changes with the people who expressed concerns at the hearing on the Senate version of this legislation.
My objective for one of my bills is a legitimate summer study. The chair of the committee that would conduct that review is interested in doing so.
No votes were taken today, but progress to report on several bills.
Two of my bills have been assigned to subcommittees.
That’s no guarantee of favorable action. Nothing is guaranteed in the legislative process.
But a committee chair doesn’t ask members to work on a bill that the chair wants to kill.
On the Cigarette Restitution Fund, the interested parties had positive discussions about how to streamline the distribution of funds to reduce smoking among teens and treat those with tobacco-related illnesses.
Amendments have been drafted on my bill to require stockholder approval before a Maryland corporation can make an independent political expenditure. I’ve shared these changes with the people who expressed concerns at the hearing on the Senate version of this legislation.
My objective for one of my bills is a legitimate summer study. The chair of the committee that would conduct that review is interested in doing so.
Thursday, March 4, 2010
Thursday, March 4 – Resolving the differences
In Annapolis, reconciliation takes place in conference committees.
For a bill to become law, it must pass both houses of the legislature in identical form.
If one of my bills passes the House of Delegates and the Senate adopts substantive amendments to it, the House can accept those changes or request a conference committee “to resolve the difference between the two houses.”
No such committees have been formed yet this session.
But twice today, I strategized about what compromise a conference committee might make if the House amended a bill I’m working on.
If we accept an unfriendly amendment because it brings us the votes needed for the legislation to pass the House, will the conference committee sufficiently diminish the negative impact of that change?
That depends, in large measure, on who serves on the conference committee.
Who selects those people?
The chair of the committee that first considered the bill.
For a bill to become law, it must pass both houses of the legislature in identical form.
If one of my bills passes the House of Delegates and the Senate adopts substantive amendments to it, the House can accept those changes or request a conference committee “to resolve the difference between the two houses.”
No such committees have been formed yet this session.
But twice today, I strategized about what compromise a conference committee might make if the House amended a bill I’m working on.
If we accept an unfriendly amendment because it brings us the votes needed for the legislation to pass the House, will the conference committee sufficiently diminish the negative impact of that change?
That depends, in large measure, on who serves on the conference committee.
Who selects those people?
The chair of the committee that first considered the bill.
Wednesday, March 3, 2010
Wednesday, March 3 – Moving testimony
“I am here only by chance. I could have been the one walking down the street and killed by the drunk driver. Miriam Frankl’s friends here today don’t want to lose any more of their friends.”
Miriam Frankl was the Johns Hopkins student who died last fall at the hands of a driver with a lengthy record of drunk driving violations.
I haven’t witnessed such moving testimony since we heard from the childhood victims of sexual abuse.
I wrote earlier this session that we can’t eliminate problems. We try to reduce the number of fatal accidents, the number of children poisoned by lead paint.
----
The attorney was not a constitutional lawyer, but he should have known better.
He testified that my bill violated the constitutional separation of powers.
Last year, the Supreme Court issued an opinion interpreting the federal Age Discrimination in Employment Act.
As was the case with my Lilly Ledbetter bill last session, this decision does not limit the authority of the Congress and state legislatures to modify the relevant federal or state law.
If a student of mine made such a misguided argument, like Professor Kingsfield in "Paper Chase," I would have given him a dime to call his mother and tell her “there is serious doubt about your ever becoming a lawyer."
(No cell phones in 1973 when the movie came out; Google today so I could get the exact quote.)
Miriam Frankl was the Johns Hopkins student who died last fall at the hands of a driver with a lengthy record of drunk driving violations.
I haven’t witnessed such moving testimony since we heard from the childhood victims of sexual abuse.
I wrote earlier this session that we can’t eliminate problems. We try to reduce the number of fatal accidents, the number of children poisoned by lead paint.
----
The attorney was not a constitutional lawyer, but he should have known better.
He testified that my bill violated the constitutional separation of powers.
Last year, the Supreme Court issued an opinion interpreting the federal Age Discrimination in Employment Act.
As was the case with my Lilly Ledbetter bill last session, this decision does not limit the authority of the Congress and state legislatures to modify the relevant federal or state law.
If a student of mine made such a misguided argument, like Professor Kingsfield in "Paper Chase," I would have given him a dime to call his mother and tell her “there is serious doubt about your ever becoming a lawyer."
(No cell phones in 1973 when the movie came out; Google today so I could get the exact quote.)
Tuesday, March 2, 2010
Tuesday, March 2 – A Citizen Legislature
So this delegate walks into the Chairman’s office – in Annapolis speak, the back room.
I was about to make an impassioned 1st Amendment argument for my libel tourism bill.
But discussion of legislation was put on hold.
The delegate wanted my chairman’s advice on how to handle a theft charge against one of his clients.
We are, after all, a citizen legislature.
An hour later, I walked into the Economic Matters Committee hearing room.
My share of bills has been heard there over the years, but this was the first time I was testifying on legislation dealing with utilities.
“Each of us shops online for the best price for hotels, air travel, and books,” I told the committee. “However, very few of our constituents are going online to compare utility costs.”
House Bill 744 would require the Public Service Commission to make comparative information about electricity prices easily accessible to the public.
The chairman didn’t ask me any questions, but he did ask a later witness about how to pay for creating the website and the other educational efforts mandated by my bill.
A very positive sign.
I‘ll talk further with the chairman on the House floor tomorrow.
I was about to make an impassioned 1st Amendment argument for my libel tourism bill.
But discussion of legislation was put on hold.
The delegate wanted my chairman’s advice on how to handle a theft charge against one of his clients.
We are, after all, a citizen legislature.
An hour later, I walked into the Economic Matters Committee hearing room.
My share of bills has been heard there over the years, but this was the first time I was testifying on legislation dealing with utilities.
“Each of us shops online for the best price for hotels, air travel, and books,” I told the committee. “However, very few of our constituents are going online to compare utility costs.”
House Bill 744 would require the Public Service Commission to make comparative information about electricity prices easily accessible to the public.
The chairman didn’t ask me any questions, but he did ask a later witness about how to pay for creating the website and the other educational efforts mandated by my bill.
A very positive sign.
I‘ll talk further with the chairman on the House floor tomorrow.
Monday, March 1 – Nary an acknowledging word
The truth is an accident for right wing bloggers, pundits, and Fox News hosts.
Former Governor Ehrlich has caught the disease.
Governor O’Malley raised the sales tax “as a crippling recession hit the state and the nation,” Ehrlich asserts in an op-ed in yestyerday’s Washington Post.
The special session of 2007 took place before the recession began and nearly a year before the economic collapse in the fall of 2008.
Yet nary an acknowledging word is heard of the national economy a few sentences later. “Two years after the sales tax hike, more than 100,000 jobs have been lost in Maryland,” writes the former Governor, “and our state’s unemployment rate has hit a 26-year high.”
The former Governor also writes: “A mere 19 percent of Marylanders support same-sex marriage, according to a recent Baltimore Sun poll.”
That poll was taken two years ago, which doesn’t meet anybody’s definition of recent. My educated guess: More Marylanders would favor same-sex marriage in a poll that really was recent.
Couple this op-ed with the attack on the Governor’s trip to Iraq, and you get a preview of the kind of campaign candidate Ehrlich would wage this fall.
Former Governor Ehrlich has caught the disease.
Governor O’Malley raised the sales tax “as a crippling recession hit the state and the nation,” Ehrlich asserts in an op-ed in yestyerday’s Washington Post.
The special session of 2007 took place before the recession began and nearly a year before the economic collapse in the fall of 2008.
Yet nary an acknowledging word is heard of the national economy a few sentences later. “Two years after the sales tax hike, more than 100,000 jobs have been lost in Maryland,” writes the former Governor, “and our state’s unemployment rate has hit a 26-year high.”
The former Governor also writes: “A mere 19 percent of Marylanders support same-sex marriage, according to a recent Baltimore Sun poll.”
That poll was taken two years ago, which doesn’t meet anybody’s definition of recent. My educated guess: More Marylanders would favor same-sex marriage in a poll that really was recent.
Couple this op-ed with the attack on the Governor’s trip to Iraq, and you get a preview of the kind of campaign candidate Ehrlich would wage this fall.
Sunday, February 28, 2010
Friday, February 26 – Don’t Bogart that bill
Today was the 45th day of the session. We’re halfway there, day-wise.
There were brownies to mark the occasion, by chance available outside the Joint Hearing Room where we heard the medical marijuana bills.
So a quick rundown of where some of my bills are on the chessboard.
My bill clarifying licensing requirements for morticians whose religious beliefs prohibit embalming has passed the House.
The Judiciary Committee has approved my legislation extending protections for a reporter’s confidential sources to college journalists.
Two bills are on the Judiciary voting list for next week. One has an “up” arrow, indicating leadership support; the other has a down arrow. The former I won’t take for granted; the latter I’ll try to reverse. (The names of these bills have been left unsaid to protect the unresolved.)
I’m optimistic about calming Republican objections to allowing the courts to restrain potential election law violations before voters go to the polls.
Amendments are in the works for the bill requiring corporations to obtain shareholder approval before making independent campaign expenditures.
Discussions will soon begin with the pediatricians who objected to the bill allowing homeless youths to consent to medical treatment.
Public hearings in the weeks ahead for bills protecting employees from discrimination in the workplace, providing consumers with more information about electricity options, and keeping guns away from people with criminal records.
And only 42 days til Opening Day at Camden Yards.
There were brownies to mark the occasion, by chance available outside the Joint Hearing Room where we heard the medical marijuana bills.
So a quick rundown of where some of my bills are on the chessboard.
My bill clarifying licensing requirements for morticians whose religious beliefs prohibit embalming has passed the House.
The Judiciary Committee has approved my legislation extending protections for a reporter’s confidential sources to college journalists.
Two bills are on the Judiciary voting list for next week. One has an “up” arrow, indicating leadership support; the other has a down arrow. The former I won’t take for granted; the latter I’ll try to reverse. (The names of these bills have been left unsaid to protect the unresolved.)
I’m optimistic about calming Republican objections to allowing the courts to restrain potential election law violations before voters go to the polls.
Amendments are in the works for the bill requiring corporations to obtain shareholder approval before making independent campaign expenditures.
Discussions will soon begin with the pediatricians who objected to the bill allowing homeless youths to consent to medical treatment.
Public hearings in the weeks ahead for bills protecting employees from discrimination in the workplace, providing consumers with more information about electricity options, and keeping guns away from people with criminal records.
And only 42 days til Opening Day at Camden Yards.
Thursday, February 25, 2010
Thursday, February 25 – Not yet fit to print
Publicity is nice, but it doesn’t get your bill passed.
USA Today had a story about legislation regulating corporate contributions to political campaigns in response to the controversial Supreme Court decision on this issue.
I was quoted, discussing my bill to require shareholder approval before a corporation can make an independent political expenditure. (“Delegate Rosenberg said he hopes it has a ‘tempering effect’ on outside spending in state races.”)
There was also a photo. (I’m wearing my Marx Brothers tie.)
Earlier in the week, I received a letter from the Maryland Bar Association, raising concerns about my bill.
That prompted me to ask an election law attorney for his thoughts. He sent me his suggested revisions yesterday afternoon.
At dinner last night, I learned that Professor Larry Gibson, who teaches election law, had testified against the Senate version of my legislation.
So this morning, I began drafting amendments to my bill.
As soon as they are available, I’ll seek comments from the election law attorney, the Bar Association, and Professor Gibson. But not the USA Today reporter.
That can wait - until the bill passes.
USA Today had a story about legislation regulating corporate contributions to political campaigns in response to the controversial Supreme Court decision on this issue.
I was quoted, discussing my bill to require shareholder approval before a corporation can make an independent political expenditure. (“Delegate Rosenberg said he hopes it has a ‘tempering effect’ on outside spending in state races.”)
There was also a photo. (I’m wearing my Marx Brothers tie.)
Earlier in the week, I received a letter from the Maryland Bar Association, raising concerns about my bill.
That prompted me to ask an election law attorney for his thoughts. He sent me his suggested revisions yesterday afternoon.
At dinner last night, I learned that Professor Larry Gibson, who teaches election law, had testified against the Senate version of my legislation.
So this morning, I began drafting amendments to my bill.
As soon as they are available, I’ll seek comments from the election law attorney, the Bar Association, and Professor Gibson. But not the USA Today reporter.
That can wait - until the bill passes.
Wednesday, February 24, 2010
Wednesday February 24 – Before or after
What you do before or after the bill hearing (or before the floor vote) is often crucial.
State funding for abortions would be eliminated under the House Republicans’ budget proposal, I read in the Sun this morning.
So my first email was to the pro-choice lobbyists: “We need to assume there will be a floor amendment and organize accordingly.” The response was positive.
On the House floor, I asked a committee chair if it made sense for the proponents and opponents of my bill to meet now that their views had been publicly aired. The chair agreed.
My bill that would restore money to the Cigarette Restitution Fund doesn’t have a hearing date yet. Nonetheless, I asked the Secretary of Health if we should meet to discuss the fund. We will next week.
I attended the press conference supporting Attorney General Gansler’s legal opinion that Maryland can recognize same-sex marriages performed in other states.
I made the point that the Judiciary Committee has already killed a bill that would prohibit state agencies from recognizing such unions. “And the outcome would be the same after today’s events,” I declared.
That has the added virtue of being true, but sometimes saying it’s so helps make it so.
State funding for abortions would be eliminated under the House Republicans’ budget proposal, I read in the Sun this morning.
So my first email was to the pro-choice lobbyists: “We need to assume there will be a floor amendment and organize accordingly.” The response was positive.
On the House floor, I asked a committee chair if it made sense for the proponents and opponents of my bill to meet now that their views had been publicly aired. The chair agreed.
My bill that would restore money to the Cigarette Restitution Fund doesn’t have a hearing date yet. Nonetheless, I asked the Secretary of Health if we should meet to discuss the fund. We will next week.
I attended the press conference supporting Attorney General Gansler’s legal opinion that Maryland can recognize same-sex marriages performed in other states.
I made the point that the Judiciary Committee has already killed a bill that would prohibit state agencies from recognizing such unions. “And the outcome would be the same after today’s events,” I declared.
That has the added virtue of being true, but sometimes saying it’s so helps make it so.
Tuesday, February 23, 2010
Tuesday February 23 – They never gave up
“My testimony wrote itself Saturday night.”
“I attended a fundraiser for the National Alliance for the Mentally Ill,” I told the Health and Government Operations Committee, before relating the following from the notes I had scribbled that evening.
“Doug Duncan, the former Montgomery County Executive, was the honoree. He told the group that the Mental Health Association had received 1,000 calls within two days of his announcement that he was ending his campaign for Governor because he suffered from depression.
“Another person with mental illness declared, ‘My mother and brother never gave up on me, even though I had.’
“I am here today on behalf of those who don’t have family to support them,” I told the committee. “House Bill 742 would allow homeless minors to obtain health care without parental consent.”
But I did not rely solely on the emotional impact of my testimony.
Before the hearing, my staff had shown me the pediatricians’ statement opposing my bill because current law allows a minor to consent to medical treatment if “the life or health of the minor would be affected by delaying treatment” to obtain parental consent.
I shared this with Debbie Agus, the mental health professional who asked me to introduce my legislation. Consequently, when the committee chair read from the doctors’ statement, she was prepared.
“That standard doesn’t address the reality for homeless children,” she replied.
“I attended a fundraiser for the National Alliance for the Mentally Ill,” I told the Health and Government Operations Committee, before relating the following from the notes I had scribbled that evening.
“Doug Duncan, the former Montgomery County Executive, was the honoree. He told the group that the Mental Health Association had received 1,000 calls within two days of his announcement that he was ending his campaign for Governor because he suffered from depression.
“Another person with mental illness declared, ‘My mother and brother never gave up on me, even though I had.’
“I am here today on behalf of those who don’t have family to support them,” I told the committee. “House Bill 742 would allow homeless minors to obtain health care without parental consent.”
But I did not rely solely on the emotional impact of my testimony.
Before the hearing, my staff had shown me the pediatricians’ statement opposing my bill because current law allows a minor to consent to medical treatment if “the life or health of the minor would be affected by delaying treatment” to obtain parental consent.
I shared this with Debbie Agus, the mental health professional who asked me to introduce my legislation. Consequently, when the committee chair read from the doctors’ statement, she was prepared.
“That standard doesn’t address the reality for homeless children,” she replied.
Monday, February 22, 2010
Monday, February 22 – PC test
PC, in this instance, did not mean politically correct.
We were discussing my bill requiring the police to get a judge's approval before getting the records of where someone was when he or she made cell phone calls.
There were nearly a dozen prosecutors and police officers in the room, plus the lobbyists for the Public Defender and the American Civil Liberties Union.
The bill hearing is next week. We were trying to reach a consensus beforehand.
The sticking point was the legal standard the state would have to meet for a judge to grant access to those records.
PC is a difficult test, said one of the prosecutors.
PC, I realized after a moment's uncertainty, was probable cause.
Initials aside, these were the questions I was trying to answer:
Are these changes necessary to get the votes for the bill to pass? If we enact a weakened bill, how many years will it be before we would again consider this issue?
We were discussing my bill requiring the police to get a judge's approval before getting the records of where someone was when he or she made cell phone calls.
There were nearly a dozen prosecutors and police officers in the room, plus the lobbyists for the Public Defender and the American Civil Liberties Union.
The bill hearing is next week. We were trying to reach a consensus beforehand.
The sticking point was the legal standard the state would have to meet for a judge to grant access to those records.
PC is a difficult test, said one of the prosecutors.
PC, I realized after a moment's uncertainty, was probable cause.
Initials aside, these were the questions I was trying to answer:
Are these changes necessary to get the votes for the bill to pass? If we enact a weakened bill, how many years will it be before we would again consider this issue?
Sunday, February 21, 2010
Friday, February 19 – Very few questions
There were lots of questions from my committee members for the bills heard before mine. They dealt with vehicular homicide and drag racing.
Ditto for the one afterwards, where the subject was traffic citations.
But very few for my two bills, where the issue was freedom of speech and the press.
Wealthy public figures are filing lawsuits in Great Britain because the burden of proof in libel actions favors the plaintiff. The cost of defending against these actions chills reporters and authors from writing about these people.
My legislation would prohibit Maryland courts from enforcing these judgments if the foreign jurisdiction does not provide at least as much protection for freedom of speech and press as both the United States Constitution and the Maryland Constitution.
There were no questions from the chairman because he had been called out of the room. However, two media attorneys and I had discussed this legislation with him in his office before the bill hearings.
My second bill dealt with the Maryland law that protects journalists from revealing their confidential sources. It would extend this statute to include reporters for a college newspaper.
This is not a hypothetical problem. The District Attorney in Chicago issued a warrant for the notes of journalists at Northwestern University, where reporting by the Innocence Project has freed people from Death Row.
Before next week’s voting session, I’ll talk with my fellow committee members to see if they have any questions or concerns about these two bills.
Ditto for the one afterwards, where the subject was traffic citations.
But very few for my two bills, where the issue was freedom of speech and the press.
Wealthy public figures are filing lawsuits in Great Britain because the burden of proof in libel actions favors the plaintiff. The cost of defending against these actions chills reporters and authors from writing about these people.
My legislation would prohibit Maryland courts from enforcing these judgments if the foreign jurisdiction does not provide at least as much protection for freedom of speech and press as both the United States Constitution and the Maryland Constitution.
There were no questions from the chairman because he had been called out of the room. However, two media attorneys and I had discussed this legislation with him in his office before the bill hearings.
My second bill dealt with the Maryland law that protects journalists from revealing their confidential sources. It would extend this statute to include reporters for a college newspaper.
This is not a hypothetical problem. The District Attorney in Chicago issued a warrant for the notes of journalists at Northwestern University, where reporting by the Innocence Project has freed people from Death Row.
Before next week’s voting session, I’ll talk with my fellow committee members to see if they have any questions or concerns about these two bills.
Thursday, February 18, 2010
Thursday, February 18 – Counting to twelve and to four
It’s an unusual position for me to be in.
I’m a liberal. I think government is a force for good. I try to pass bills.
Not this time.
I want to kill any legislation that would make it easier for the state to execute someone.
Last year, when we wanted to pass a bill repealing the death penalty, we had to count to twelve. That’s a majority of the members of the Judiciary Committee.
This, year, the other side has to count to twelve.
We’re working to make sure they can’t.
----
I was worried I would refer to the 4th Amendment.
The bill did not require a search warrant.
It required that employers allow their workers to use their leave time to observe the Sabbath.
So I began my testimony by saying: “The 4th Commandment says, ‘Remember the Sabbath Day, to keep it holy.’ Our civil rights laws say that an employer must reasonably accommodate employees’ religious beliefs.”
I’m a liberal. I think government is a force for good. I try to pass bills.
Not this time.
I want to kill any legislation that would make it easier for the state to execute someone.
Last year, when we wanted to pass a bill repealing the death penalty, we had to count to twelve. That’s a majority of the members of the Judiciary Committee.
This, year, the other side has to count to twelve.
We’re working to make sure they can’t.
----
I was worried I would refer to the 4th Amendment.
The bill did not require a search warrant.
It required that employers allow their workers to use their leave time to observe the Sabbath.
So I began my testimony by saying: “The 4th Commandment says, ‘Remember the Sabbath Day, to keep it holy.’ Our civil rights laws say that an employer must reasonably accommodate employees’ religious beliefs.”
Wednesday, February 17, 2010
Wednesday, February 17 – An extra “n”
5:00 pm was the bewitching hour.
Get your bills to the Clerk’s Office by that deadline and you avoid the delay of having them referred to the Rules Committee. Most bills eventually emerge from Rules, but your public hearing date will be later rather than sooner.
With two days of hearing already lost to snow, bills are already being scheduled for March 23.
I thought I was going to be the lead sponsor of legislation that amended a law I passed several years ago. But the delegate who had requested the revisions to that law decided he would be listed first on the sponsor line and I would be second. (It won’t affect my effort on behalf of the bill.)
I put one bill in the hopper right after the morning floor session and another early this afternoon, after my staff had proofread the changes we had requested to the prior version.
I had to do the proofreading on two bills bill that became available at 4:50. They are bond bills for improvements to the Swann Ave. and Glen Ave. Firehouses.
Glen had an extra “n”.
With the correction made, Delegate Oaks and I were the last members to make it to the Clerk’s office.
They stayed open until 5:05 pm. We had told them we were coming.
Get your bills to the Clerk’s Office by that deadline and you avoid the delay of having them referred to the Rules Committee. Most bills eventually emerge from Rules, but your public hearing date will be later rather than sooner.
With two days of hearing already lost to snow, bills are already being scheduled for March 23.
I thought I was going to be the lead sponsor of legislation that amended a law I passed several years ago. But the delegate who had requested the revisions to that law decided he would be listed first on the sponsor line and I would be second. (It won’t affect my effort on behalf of the bill.)
I put one bill in the hopper right after the morning floor session and another early this afternoon, after my staff had proofread the changes we had requested to the prior version.
I had to do the proofreading on two bills bill that became available at 4:50. They are bond bills for improvements to the Swann Ave. and Glen Ave. Firehouses.
Glen had an extra “n”.
With the correction made, Delegate Oaks and I were the last members to make it to the Clerk’s office.
They stayed open until 5:05 pm. We had told them we were coming.
Tuesday, February 16, 2010
Tuesday, February 16 – Déjà vu and the First Time
It’s not unusual to be asked if I would support an amendment broadening the scope of my bill.
It happened at the hearing on my bill dealing with campaign committees for referendum and ballot issues campaigns. House Bill 247 would require these committees to disclose on the Internet within 24 hours any contribution received during the last two weeks before Election Day.
These midnight contributions are not a hypothetical problem. In 2008, the committee supporting the slots referendum listed $2.7 million in contributions in the report that was filed on November 25, three weeks after Election Day.
“Should we extend your bill to loans?” asked one member of the Ways and Means Committee.
“Should this apply to candidate committees as well?” questioned another.
“Both are consistent with my bill,” I responded. “If it’s the wisdom of the committee to add those circumstances, I would not object.”
What happened on my other election bill was a first.
Each of the last three years, my Voter’s Rights Protection Act passed the House of Delegates but never received a committee vote in the Senate.
“This bill is déjà vu all over again with a lineup change,” I began my testimony.
Last year’s bill has been pared down to one provision, I explained. If an individual or group violates - or there is reasonable grounds to believe is about to violate, the existing prohibitions on voter fraud or dirty tricks, the Attorney General or any registered voter can ask a judge for preventive relief, instead of waiting until the horse is out of the barn door on Election Day.
A delegate began reading from the statement of an interest group supporting legislation that was broader in scope than my bill.
“That was last year’s bill,” I replied.
It happened at the hearing on my bill dealing with campaign committees for referendum and ballot issues campaigns. House Bill 247 would require these committees to disclose on the Internet within 24 hours any contribution received during the last two weeks before Election Day.
These midnight contributions are not a hypothetical problem. In 2008, the committee supporting the slots referendum listed $2.7 million in contributions in the report that was filed on November 25, three weeks after Election Day.
“Should we extend your bill to loans?” asked one member of the Ways and Means Committee.
“Should this apply to candidate committees as well?” questioned another.
“Both are consistent with my bill,” I responded. “If it’s the wisdom of the committee to add those circumstances, I would not object.”
What happened on my other election bill was a first.
Each of the last three years, my Voter’s Rights Protection Act passed the House of Delegates but never received a committee vote in the Senate.
“This bill is déjà vu all over again with a lineup change,” I began my testimony.
Last year’s bill has been pared down to one provision, I explained. If an individual or group violates - or there is reasonable grounds to believe is about to violate, the existing prohibitions on voter fraud or dirty tricks, the Attorney General or any registered voter can ask a judge for preventive relief, instead of waiting until the horse is out of the barn door on Election Day.
A delegate began reading from the statement of an interest group supporting legislation that was broader in scope than my bill.
“That was last year’s bill,” I replied.
Monday, February 15, 2010
Monday, February 15 – Long memories
There are some things you can’t find on Google.
But with a long memory and good staff, you can get what you want.
Republican legislators have been invited to discuss their proposed budget cuts at a joint meeting of the House and Senate fiscal committees.
“This is a first,” a budget staffer told the Sun in a front-page story today.
“Not true,” I said to myself.
I knew we had done this before because I was on the committee when it happened.
I spoke to a budget analyst who used to staff Appropriations. She found the 1997 letter from Chairman Rawlings inviting the House Republican Caucus to present its budget savings proposals.
I then shared it with the Sun reporter.
----
It’s good to know somebody’s reading this diary.
I ran into an executive branch official at lunch. “What are you working on?” he asked.
“A bill that would restore money to the Cigarette Restitution Fund that’s been redirected to Medicaid to meet budget shortfalls,” I replied.
I was a lead sponsor of the bill creating that fund. It directs money received from the legal settlement with the tobacco companies to research and prevention programs related to cigarette smoking.
“That law passed ten years ago. It may be time to study how we allocate that money in the future,” the official said. “As you write in your diary, sometimes you can accomplish things without passing your bill.”
But with a long memory and good staff, you can get what you want.
Republican legislators have been invited to discuss their proposed budget cuts at a joint meeting of the House and Senate fiscal committees.
“This is a first,” a budget staffer told the Sun in a front-page story today.
“Not true,” I said to myself.
I knew we had done this before because I was on the committee when it happened.
I spoke to a budget analyst who used to staff Appropriations. She found the 1997 letter from Chairman Rawlings inviting the House Republican Caucus to present its budget savings proposals.
I then shared it with the Sun reporter.
----
It’s good to know somebody’s reading this diary.
I ran into an executive branch official at lunch. “What are you working on?” he asked.
“A bill that would restore money to the Cigarette Restitution Fund that’s been redirected to Medicaid to meet budget shortfalls,” I replied.
I was a lead sponsor of the bill creating that fund. It directs money received from the legal settlement with the tobacco companies to research and prevention programs related to cigarette smoking.
“That law passed ten years ago. It may be time to study how we allocate that money in the future,” the official said. “As you write in your diary, sometimes you can accomplish things without passing your bill.”
Saturday, February 13, 2010
Friday, February 12 - Quoting Higher Authorities
In addition to quoting Supreme Court Justice Stevens on the harmful effect of unlimited corporate money in political campaigns, I can now cite Senator Charles Schumer and Congressman Chris Van Hollen.
They introduced legislation yesterday to restrict such spending at the federal level. So I asked our bill drafter if their proposals had any provisions that we could add to ours.
Another Supreme Court decision has made it far more difficult for the victims of an unlawful employment practice to be compensated. It interpreted the civil rights laws to require that discrimination be the only motivating factor.
I’ve introduced House Bill 504, which would allow recovery if discrimination was one of several factors that prompted the employer’s illegal act.
I met with the chairman of the subcommittee that will consider my legislation. When he asked me the facts of the Supreme Court case, I did not quote Justice Stevens’ dissent.
I hadn’t read it. But by the time of the public hearing, I’ll know it very well.
They introduced legislation yesterday to restrict such spending at the federal level. So I asked our bill drafter if their proposals had any provisions that we could add to ours.
Another Supreme Court decision has made it far more difficult for the victims of an unlawful employment practice to be compensated. It interpreted the civil rights laws to require that discrimination be the only motivating factor.
I’ve introduced House Bill 504, which would allow recovery if discrimination was one of several factors that prompted the employer’s illegal act.
I met with the chairman of the subcommittee that will consider my legislation. When he asked me the facts of the Supreme Court case, I did not quote Justice Stevens’ dissent.
I hadn’t read it. But by the time of the public hearing, I’ll know it very well.
Thursday, February 11, 2010
Thursday, February 11 – A very quiet walk
It was a very quiet walk to work this morning.
The main streets of Annapolis were plowed but with hardly any cars on them.
At a chance meeting in the committee offices, a lobbyist assured me that the votes were there for a favorable report on a bill we had heard.
“But first you have to get it on the voting list,” I replied.
That means convincing the chairman and the committee leadership that the bill is necessary (Why do we need this bill?) and can be amended to address concerns raised at the public hearing.
----
In the fourth year of a term, it’s never too early to plan for the fall election – when all 188 seats in the General Assembly will be on the ballot.
There’s a new wrinkle this fall – early voting. For five days in the week before the primary and the general election, polls will be open in a handful of locations in Baltimore City and in each county.
Getting out the vote will no longer be a one-day operation. This uncertainty bred anxiety at a discussion among my colleagues.
The main streets of Annapolis were plowed but with hardly any cars on them.
At a chance meeting in the committee offices, a lobbyist assured me that the votes were there for a favorable report on a bill we had heard.
“But first you have to get it on the voting list,” I replied.
That means convincing the chairman and the committee leadership that the bill is necessary (Why do we need this bill?) and can be amended to address concerns raised at the public hearing.
----
In the fourth year of a term, it’s never too early to plan for the fall election – when all 188 seats in the General Assembly will be on the ballot.
There’s a new wrinkle this fall – early voting. For five days in the week before the primary and the general election, polls will be open in a handful of locations in Baltimore City and in each county.
Getting out the vote will no longer be a one-day operation. This uncertainty bred anxiety at a discussion among my colleagues.
Wednesday, February 10, 2010
Wednesday, February 10 – Laptop as lifeline
My chairman always sleeps at home.
So he didn’t make it back through the snow to Annapolis for this morning’s floor session.
Our committee had two bills to be considered on the House floor.
As I was leaving my office to head to the State House, I remembered that and brought my laptop with me.
I had reviewed the folders for the two bills yesterday, but now they were locked in a staffer’s office. And committee counsel would not be on the phone to assist with any questions raised by my colleagues.
So my laptop, with the text of the amendments but no further explanation, would be my lifeline.
Both bills drew questions. One passed to third reader; the other was special ordered to Tuesday for further discussion.
So he didn’t make it back through the snow to Annapolis for this morning’s floor session.
Our committee had two bills to be considered on the House floor.
As I was leaving my office to head to the State House, I remembered that and brought my laptop with me.
I had reviewed the folders for the two bills yesterday, but now they were locked in a staffer’s office. And committee counsel would not be on the phone to assist with any questions raised by my colleagues.
So my laptop, with the text of the amendments but no further explanation, would be my lifeline.
Both bills drew questions. One passed to third reader; the other was special ordered to Tuesday for further discussion.
Tuesday, February 9, 2010
Tuesday, February 9 - A certainty in Judiciary
“A stronger deterrent is needed for those homeowners who maliciously damage their own property during or after a foreclosure proceeding,” read the statement of the Maryland Association of Realtors in support of legislation that would make such conduct a criminal misdemeanor.
“Human trafficking is a form of modern day slavery,” declared the written testimony of the Maryland Coalition Against Sexual Assault in favor of bills that would increase the penalty for sexual solicitation or trafficking of a minor.
Favorable committee action a certainty. How could anyone oppose these measures?
Perhaps you’ve forgotten the question that every bill sponsor must answer:
Why do we need this bill?
On the Judiciary Committee, that means: Is this conduct already illegal? Why aren’t people being prosecuted and serving the maximum sentence under the existing law? Will increasing the penalty reduce the crime?
----
One witness said that another bill before us would criminalize fraternity pranks.
“Is the penalty double secret probation?” I asked my seatmate.
“Human trafficking is a form of modern day slavery,” declared the written testimony of the Maryland Coalition Against Sexual Assault in favor of bills that would increase the penalty for sexual solicitation or trafficking of a minor.
Favorable committee action a certainty. How could anyone oppose these measures?
Perhaps you’ve forgotten the question that every bill sponsor must answer:
Why do we need this bill?
On the Judiciary Committee, that means: Is this conduct already illegal? Why aren’t people being prosecuted and serving the maximum sentence under the existing law? Will increasing the penalty reduce the crime?
----
One witness said that another bill before us would criminalize fraternity pranks.
“Is the penalty double secret probation?” I asked my seatmate.
Monday, February 8, 2010
Monday, February 8 – Seven bills but not all witnesses
When you have seven bill hearings scheduled for Tuesday and Wednesday, being snowbound for two days helps you get your testimony finished ahead of time.
Normally, I’m fine tuning my written statement the morning of the hearing. After perfecting my opening sentence (“Hit them in the forehead with a 2x4,” I tell my students.), I rewrite it for my oral testimony. (“Never read your written statement.”)
With snow again in the forecast, whether my witnesses will be able to make it on Wednesday is up in the air.
On my “tourist libel” bill, I’m counting on having three lawyers at my side who know the issue better than I do. So I may do some extra studying tomorrow night.
Tonight’s floor session was canceled, but I drove to Annapolis anyway. I had run out of chicken salad at home.
Hardly any members or staffers around today. “There was nobody there to get anything done with,” lamented one of the latter at the Rite Aid this evening.
Normally, I’m fine tuning my written statement the morning of the hearing. After perfecting my opening sentence (“Hit them in the forehead with a 2x4,” I tell my students.), I rewrite it for my oral testimony. (“Never read your written statement.”)
With snow again in the forecast, whether my witnesses will be able to make it on Wednesday is up in the air.
On my “tourist libel” bill, I’m counting on having three lawyers at my side who know the issue better than I do. So I may do some extra studying tomorrow night.
Tonight’s floor session was canceled, but I drove to Annapolis anyway. I had run out of chicken salad at home.
Hardly any members or staffers around today. “There was nobody there to get anything done with,” lamented one of the latter at the Rite Aid this evening.
Thursday, February 4, 2010
Thursday, February 4 - Friends in the right places
It's good to have the subcommittee chair as your co-sponsor.
Twice this morning, I asked the relevant subcommittee chair to sign on to one of my bills. Both times, they did - with enthusiasm.
One would allow a homeless youth to obtain mental health treatment without parental consent. The other would require the Public Service Commission to implement a consumer education program informing residential and and small commercial customers about the rates and services offered by different electricity suppliers.
Their support does not guarantee that either bill will pass. But the person one step below the committee chair now has a stake in my legislation..
Twice this morning, I asked the relevant subcommittee chair to sign on to one of my bills. Both times, they did - with enthusiasm.
One would allow a homeless youth to obtain mental health treatment without parental consent. The other would require the Public Service Commission to implement a consumer education program informing residential and and small commercial customers about the rates and services offered by different electricity suppliers.
Their support does not guarantee that either bill will pass. But the person one step below the committee chair now has a stake in my legislation..
Wednesday, February 3, 2010
Wednesday, February 3 – Virtual sunshine
We had our first committee voting session of the Virtual Sunshine era.
The Speaker has decided that committee votes will now be available online. So my colleagues were skittish.
If we have a dozen bills on a controversial subject, only one will receive a favorable report, a delegate correctly noted, and people will now know that we voted against all of the others.
I whispered a simple solution in my neighbor’s ear: Don’t vote on the other bills. Keep them in the chairman’s drawer.
There was no debate before we killed the bill that would prevent the Attorney General from finding that the state can recognize same-sex marriages performed in another state.
However, the bill’s supporters did not need to speak now or forever hold their peace. They may try a parliamentary maneuver to bring the bill to the House floor.
The Speaker has decided that committee votes will now be available online. So my colleagues were skittish.
If we have a dozen bills on a controversial subject, only one will receive a favorable report, a delegate correctly noted, and people will now know that we voted against all of the others.
I whispered a simple solution in my neighbor’s ear: Don’t vote on the other bills. Keep them in the chairman’s drawer.
There was no debate before we killed the bill that would prevent the Attorney General from finding that the state can recognize same-sex marriages performed in another state.
However, the bill’s supporters did not need to speak now or forever hold their peace. They may try a parliamentary maneuver to bring the bill to the House floor.
Tuesday, February 2, 2010
February 2 – More than “no”
“You can’t just say ‘no’ all the time,” I heatedly responded.
After the Governor’s State of the State speech, a radio reporter told me that the Republican response was “All the Governor talked about was government, government, government - despite the message sent by the voters in New Jersey, Virginia and Massachusetts.”
“Government has a role to play in stimulating the economy, and we need to seek compromise, as President Obama made so clear last Friday,” I also told the reporter.
At the Governor’s post-speech reception, I related this story to a high ranking member of the O’Malley administration.
His response: “The speech was all about jobs, jobs, jobs.”
----
The legislative process may be theatre (at times), but you don’t usually have a preview of coming attractions. Except today.
We had a hearing on a bill requiring the police to get a search warrant approved by a judge before using a tracking device to determine the location or movement of an individual or object.
I will be introducing a bill requiring a warrant before the police obtain a record of where you were when you used your cell phone.
The arguments for and against today will be repeated when my legislation is heard.
One thing for sure. Unlike the bill sponsor today, I won’t go to the witness table alone. I’m no 4th Amendment scholar. If I’m going to be asked questions about the relevant Supreme Court holdings, I want someone who knows the law at my side.
I won’t be able to Google.
After the Governor’s State of the State speech, a radio reporter told me that the Republican response was “All the Governor talked about was government, government, government - despite the message sent by the voters in New Jersey, Virginia and Massachusetts.”
“Government has a role to play in stimulating the economy, and we need to seek compromise, as President Obama made so clear last Friday,” I also told the reporter.
At the Governor’s post-speech reception, I related this story to a high ranking member of the O’Malley administration.
His response: “The speech was all about jobs, jobs, jobs.”
----
The legislative process may be theatre (at times), but you don’t usually have a preview of coming attractions. Except today.
We had a hearing on a bill requiring the police to get a search warrant approved by a judge before using a tracking device to determine the location or movement of an individual or object.
I will be introducing a bill requiring a warrant before the police obtain a record of where you were when you used your cell phone.
The arguments for and against today will be repeated when my legislation is heard.
One thing for sure. Unlike the bill sponsor today, I won’t go to the witness table alone. I’m no 4th Amendment scholar. If I’m going to be asked questions about the relevant Supreme Court holdings, I want someone who knows the law at my side.
I won’t be able to Google.
Monday, February 1, 2010
Monday, February 1 – Targeted and finalized
Personalize your testimony.
I followed my own advice yesterday when I was asked about the bill I’m introducing to require shareholder approval before a corporation can make independent campaign expenditures supporting or targeting a candidate.
“When I ran for reelection in 1986, the landlords tried to defeat me because I had introduced legislation requiring them to lower the risk of lead poisoning in their properties,” I told the listeners on Shalom USA radio. “Under the recent Supreme Court ruling, there is no limit on the amount of money they can spend to oppose a person like me.”
----
We had finalized the changes to the bill draft.
“Should I try to get co-sponsors?” one of the advocates asked.
“For just one day,” I replied. “It’s more important to get the bill introduced and an early hearing date than to get more signatures.”
“Should we tell the people who’ve already signed on about the changes?” said another supporter.
“Don’t worry. They didn’t read the bill the first time,” I answered.
I followed my own advice yesterday when I was asked about the bill I’m introducing to require shareholder approval before a corporation can make independent campaign expenditures supporting or targeting a candidate.
“When I ran for reelection in 1986, the landlords tried to defeat me because I had introduced legislation requiring them to lower the risk of lead poisoning in their properties,” I told the listeners on Shalom USA radio. “Under the recent Supreme Court ruling, there is no limit on the amount of money they can spend to oppose a person like me.”
----
We had finalized the changes to the bill draft.
“Should I try to get co-sponsors?” one of the advocates asked.
“For just one day,” I replied. “It’s more important to get the bill introduced and an early hearing date than to get more signatures.”
“Should we tell the people who’ve already signed on about the changes?” said another supporter.
“Don’t worry. They didn’t read the bill the first time,” I answered.
Friday, January 29, 2010
Friday, January 29 – Win one for the Gipper
President Obama is not the only big name appearing in Baltimore today before the Republican caucus of the House of Representatives.
Lou Holtz, former football coach at Notre Dame, is the dinner speaker.
I wonder if he’ll say, “In football and in governing, you want to keep your opponent from scoring, but you also have to try to put the ball across the goal line yourself.”
Holtz is a longtime Republican activist, according to the Sun. So I doubt if he’ll criticize his hosts.
But President Obama did in his State of the Union speech, declaring, “Just saying no to everything may be good short term politics, but it’s not leadership.”
It’s about time he took the offensive on the GOP’s obstructionist strategy.
Lou Holtz, former football coach at Notre Dame, is the dinner speaker.
I wonder if he’ll say, “In football and in governing, you want to keep your opponent from scoring, but you also have to try to put the ball across the goal line yourself.”
Holtz is a longtime Republican activist, according to the Sun. So I doubt if he’ll criticize his hosts.
But President Obama did in his State of the Union speech, declaring, “Just saying no to everything may be good short term politics, but it’s not leadership.”
It’s about time he took the offensive on the GOP’s obstructionist strategy.
Thursday, January 28, 2010
Thursday, January 28 – A worthy comparison
“This bill is worse than I thought,” said the advocate. “Now that I’ve read it, it would do more damage than the bill summary led me to believe.”
“A bad bill is better for us,” I replied. “It will be easier to defeat than one that makes only minor changes to the existing law.”
----
For me, gay marriage is a civil rights issue.
The comparison between civil rights for African Americans and gays was debated at today’s bill hearing.
I googled this quote from Julian Bond, chair of the NAACP, when he testified for a bill to legalize gay marriage in New Jersey and read it to my committee.
“When I’m asked if gay rights are civil rights, my answer is always: ‘Of course they are.’
I close where I began by asking you to cast an affirmative vote when this legislation comes before you. You’ll be standing for right, and on the right side of history.”
“A bad bill is better for us,” I replied. “It will be easier to defeat than one that makes only minor changes to the existing law.”
----
For me, gay marriage is a civil rights issue.
The comparison between civil rights for African Americans and gays was debated at today’s bill hearing.
I googled this quote from Julian Bond, chair of the NAACP, when he testified for a bill to legalize gay marriage in New Jersey and read it to my committee.
“When I’m asked if gay rights are civil rights, my answer is always: ‘Of course they are.’
I close where I began by asking you to cast an affirmative vote when this legislation comes before you. You’ll be standing for right, and on the right side of history.”
Wednesday, January 27, 2010
Wednesday, January 27 – Undue influence
I don’t think Justice Stevens will mind.
I’ve been working on legislation to restrict corporations’ expenditures in political campaigns since last Friday, the day after the Supreme Court ruling opening the floodgates for businesses to dominate the political process.
Maryland’s limits on the amount of money a company or individual can give directly to candidates are not affected by the decision. However, there are no longer any restrictions on independent expenditures by individual or corporations.
This means a company can spend any amount on an ad campaign targeting a candidate. My bill would require businesses to get their shareholders’ approval before doing so, just as they must do so now before merging with another company.
Companies doing business with the state government could not wage such campaigns, and no corporation could claim these costs as a business expense for state tax purposes, under other bills being drafted.
Before today’s press conference, I decided I should read the case – or at least Justice Stevens’ dissent. He wrote about the damage that would result to public faith in the integrity of the democratic process from the undue influence of corporations brought on by the majority’s decision.
Standing before the microphones, I didn’t say that I was quoting Justice Stevens, but I will in my written testimony.
I’ve been working on legislation to restrict corporations’ expenditures in political campaigns since last Friday, the day after the Supreme Court ruling opening the floodgates for businesses to dominate the political process.
Maryland’s limits on the amount of money a company or individual can give directly to candidates are not affected by the decision. However, there are no longer any restrictions on independent expenditures by individual or corporations.
This means a company can spend any amount on an ad campaign targeting a candidate. My bill would require businesses to get their shareholders’ approval before doing so, just as they must do so now before merging with another company.
Companies doing business with the state government could not wage such campaigns, and no corporation could claim these costs as a business expense for state tax purposes, under other bills being drafted.
Before today’s press conference, I decided I should read the case – or at least Justice Stevens’ dissent. He wrote about the damage that would result to public faith in the integrity of the democratic process from the undue influence of corporations brought on by the majority’s decision.
Standing before the microphones, I didn’t say that I was quoting Justice Stevens, but I will in my written testimony.
Tuesday, January 26, 2010
Tuesday, January 26 – Mission accomplished
And then there’s the bill I won’t be introducing because my objective was achieved by letting people know about my proposed legislation.
Three years ago, I passed a bill requiring each law enforcement agency in the state to adopt written policies relating to eyewitness identification by a victim or a witness to a crime.
Done the wrong way, a line-up or a review of mug shots can result in an innocent person being accused and then convicted. Under my bill, witness ID must comply with standards issued by the U.S. Department of Justice.
Many police departments responded to this requirement inadequately or not at all. So I had a bill drafted that would reduce state grants to these agencies if they did not comply with the law.
I shared the draft with law enforcement officials last fall. By the time we met today, most of the police agencies had come into compliance.
In Annapolis, nothing concentrates the mind like a bill hearing – or the prospect of one.
Three years ago, I passed a bill requiring each law enforcement agency in the state to adopt written policies relating to eyewitness identification by a victim or a witness to a crime.
Done the wrong way, a line-up or a review of mug shots can result in an innocent person being accused and then convicted. Under my bill, witness ID must comply with standards issued by the U.S. Department of Justice.
Many police departments responded to this requirement inadequately or not at all. So I had a bill drafted that would reduce state grants to these agencies if they did not comply with the law.
I shared the draft with law enforcement officials last fall. By the time we met today, most of the police agencies had come into compliance.
In Annapolis, nothing concentrates the mind like a bill hearing – or the prospect of one.
Monday, January 25, 2010
Monday, January 25, 2010 – Comparable Agenda
Last year was the best session I ever had, if I may be so immodest.
Significant reform of the death penalty, protection of workers’ rights to equal pay, and promotion of green jobs led the list of bills I passed.
What would I be working on in 2010 that could compare? I wondered this summer.
But no more.
As the deadline for making bill requests looms tomorrow, I’ve got plenty of important bills that I’ll be introducing this session.
Once again, the Supreme Court has issued decisions that we can correct with legislative action. I’m working to limit corporate contributions consistent with the court’s controversial action last week. Another opinion made it difficult for someone to win an age discrimination complaint, and I’m trying to fix that.
I hope to enable more lawyers to work for non-profits or the government by increasing funding for a program that helps these individuals repay their academic debt. Student journalists would be given the same protections for their confidential sources as paid reporters already have under the change I’m proposing to Maryland’s shield law.
Some other bills I can’t discuss until they’re finalized and in the hopper. That deadline is February 11.
Significant reform of the death penalty, protection of workers’ rights to equal pay, and promotion of green jobs led the list of bills I passed.
What would I be working on in 2010 that could compare? I wondered this summer.
But no more.
As the deadline for making bill requests looms tomorrow, I’ve got plenty of important bills that I’ll be introducing this session.
Once again, the Supreme Court has issued decisions that we can correct with legislative action. I’m working to limit corporate contributions consistent with the court’s controversial action last week. Another opinion made it difficult for someone to win an age discrimination complaint, and I’m trying to fix that.
I hope to enable more lawyers to work for non-profits or the government by increasing funding for a program that helps these individuals repay their academic debt. Student journalists would be given the same protections for their confidential sources as paid reporters already have under the change I’m proposing to Maryland’s shield law.
Some other bills I can’t discuss until they’re finalized and in the hopper. That deadline is February 11.
Friday, January 22, 2010
Friday, January 22 - Shovels in the ground
Pimlico is not the only track in my district.
There’s a running track on the grounds of Northwestern Senior High. It will soon be restored, thanks to the slots revenue that will be coming to the neighborhoods surrounding Pimlico.
When my 41st District colleagues and I spoke to neighborhood groups about the slots referendum in the spring of 2008, they did not believe us when we told them that they would receive a projected $45 million over a 15-year period.
This funding was put in the legislation to address the negative impact of the race track upon these communities over the years. It stayed in because of our hard work during the special session when slots were authorized.
And we wanted to receive political credit for doing so.
The slots money won’t start until next year, but we wanted to put shovels in the ground before that.
So we asked neighborhood leaders for their ideas. They chose the Northwestern track because it’s used by both students and the community. When 2,000 people came to the school grounds for a charity event this fall, it made very clear to me the potential for this site.
Federal stimulus dollars for schools and a state program for parkland will make it happen – with much more to come from slots revenue, starting next year.
There’s a running track on the grounds of Northwestern Senior High. It will soon be restored, thanks to the slots revenue that will be coming to the neighborhoods surrounding Pimlico.
When my 41st District colleagues and I spoke to neighborhood groups about the slots referendum in the spring of 2008, they did not believe us when we told them that they would receive a projected $45 million over a 15-year period.
This funding was put in the legislation to address the negative impact of the race track upon these communities over the years. It stayed in because of our hard work during the special session when slots were authorized.
And we wanted to receive political credit for doing so.
The slots money won’t start until next year, but we wanted to put shovels in the ground before that.
So we asked neighborhood leaders for their ideas. They chose the Northwestern track because it’s used by both students and the community. When 2,000 people came to the school grounds for a charity event this fall, it made very clear to me the potential for this site.
Federal stimulus dollars for schools and a state program for parkland will make it happen – with much more to come from slots revenue, starting next year.
Thursday, January 21, 2010
Thursday, January 21 – Googling the legislative process
The House floor session started late. That happens when a meeting in the Speaker’s Office lasts longer than expected.
I noticed that the Minority Leader and Minority Whip were not on the floor.
After the session began, the former rose to offer rules changes to make committee hearings and votes available on the Internet and to require that all committee voting sessions be open to the public.
(The whip confirmed my suspicion. The Republican leaders had a pre-session meeting on the rules with the Speaker that ran late.)
Paid lobbyists and activists are well aware of the actions we take in Annapolis. The average citizen can’t Google them.
So we should make changes to address the public perception that we make decisions behind closed doors and try to hide them from the public.
If you cast a vote, you should be able to defend it – in the press and back home.
A cautionary note: These reforms “will allow our state government to make the best possible decisions,” one of my Democratic colleagues has written.
Procedural changes won’t affect the fundamentals of the legislative process. Greater transparency is an admirable objective, but it won’t transform the House of Delegates into the world’s greatest deliberative body.
I noticed that the Minority Leader and Minority Whip were not on the floor.
After the session began, the former rose to offer rules changes to make committee hearings and votes available on the Internet and to require that all committee voting sessions be open to the public.
(The whip confirmed my suspicion. The Republican leaders had a pre-session meeting on the rules with the Speaker that ran late.)
Paid lobbyists and activists are well aware of the actions we take in Annapolis. The average citizen can’t Google them.
So we should make changes to address the public perception that we make decisions behind closed doors and try to hide them from the public.
If you cast a vote, you should be able to defend it – in the press and back home.
A cautionary note: These reforms “will allow our state government to make the best possible decisions,” one of my Democratic colleagues has written.
Procedural changes won’t affect the fundamentals of the legislative process. Greater transparency is an admirable objective, but it won’t transform the House of Delegates into the world’s greatest deliberative body.
Wednesday, January 20, 2010
Wednesday, January 20 – Legislating for the SOBs
This problem “can be eliminated,” declared the witness.
“No it can’t,” I said to myself and soon thereafter to my chairman.
We legislate for the SOBs of the world, I often tell people. We make their actions illegal and impose fines, limit their future behavior, or put them in jail.
These penalties are designed to reduce the problem caused by their acts. But they won’t rid society of this bad behavior.
Advocates are advocates. They urge us to adopt severe penalties and make no concessions to another viewpoint. That is their role.
But they also need to recognize that human beings aren’t perfect and neither is the legislative process. We seek compromise among 141 different members, with the goal of reducing – but not eliminating, the problems before us.
“No it can’t,” I said to myself and soon thereafter to my chairman.
We legislate for the SOBs of the world, I often tell people. We make their actions illegal and impose fines, limit their future behavior, or put them in jail.
These penalties are designed to reduce the problem caused by their acts. But they won’t rid society of this bad behavior.
Advocates are advocates. They urge us to adopt severe penalties and make no concessions to another viewpoint. That is their role.
But they also need to recognize that human beings aren’t perfect and neither is the legislative process. We seek compromise among 141 different members, with the goal of reducing – but not eliminating, the problems before us.
Tuesday, January 19, 2010
Tuesday, January 19 – No stimulus, no dollars
You can oppose funding for a program but still take credit for it – if you’re in the minority.
Our budget is too dependent upon federal stimulus dollars, according to Republican legislative leaders.
Maryland will receive $1.1 billion for K-12 education and $1.6 billion for Medicaid in Fiscal Years 2009 and 2010. Without that money, severe cuts would have to be made.
We must make the public aware of the effect on their kids’ education and health care if we actually did what the GOP wants, I told my colleagues.
You can’t have your stimulus and berate it too.
Our budget is too dependent upon federal stimulus dollars, according to Republican legislative leaders.
Maryland will receive $1.1 billion for K-12 education and $1.6 billion for Medicaid in Fiscal Years 2009 and 2010. Without that money, severe cuts would have to be made.
We must make the public aware of the effect on their kids’ education and health care if we actually did what the GOP wants, I told my colleagues.
You can’t have your stimulus and berate it too.
Monday, January 18, 2010
Monday, January 18 – Voting the cemetery
John Francis “Honey Fitz” Fitzgerald, father of Rose Kennedy and grandfather of Edward M. Kennedy, was twice elected Mayor of Boston.
He began his political career voting the cemetery.
Turnout – among the living, will be crucial tomorrow in the election to fill Ted Kennedy’s seat and to retain a filibuster-proof majority in the United States Senate.
And you don’t have to be in Massachusetts to help get out the vote. I’ve received several emails informing me of phone banks in Maryland.
Here’s a post-Election Night scenario you haven’t heard:
The outcome of the election is disputed and winds up in court. That will take months to resolve.
In the meantime, Paul Kirk, a Democrat, remains the junior Senator from Massachusetts, and the health care bill passes.
----
I introduced my first bill today.
It would modify the writ of innocence law that I passed last year by requiring that notice be given to the prosecutor and the crime victim before a hearing is held on the convicted’s claim of innocence.
The State’s Attorneys asked the Governor to veto the bill. We agreed to seek these changes instead.
He began his political career voting the cemetery.
Turnout – among the living, will be crucial tomorrow in the election to fill Ted Kennedy’s seat and to retain a filibuster-proof majority in the United States Senate.
And you don’t have to be in Massachusetts to help get out the vote. I’ve received several emails informing me of phone banks in Maryland.
Here’s a post-Election Night scenario you haven’t heard:
The outcome of the election is disputed and winds up in court. That will take months to resolve.
In the meantime, Paul Kirk, a Democrat, remains the junior Senator from Massachusetts, and the health care bill passes.
----
I introduced my first bill today.
It would modify the writ of innocence law that I passed last year by requiring that notice be given to the prosecutor and the crime victim before a hearing is held on the convicted’s claim of innocence.
The State’s Attorneys asked the Governor to veto the bill. We agreed to seek these changes instead.
Thursday, January 14, 2010
Thursday, January 14 - 12 Votes
“Do we have 12 votes?”
That’s the question I asked at our death penalty strategy meeting.
One of our lobbyists had begun describing the commitments she had received from Judiciary Committee members over the last 24 hours.
But then the discussion strayed off course.
“We need to know if we have a committee majority – 12 votes,” I stated, “or if that’s the case for those who want to modify last year’s bill.”
Everything else we do depends on that.
That’s the question I asked at our death penalty strategy meeting.
One of our lobbyists had begun describing the commitments she had received from Judiciary Committee members over the last 24 hours.
But then the discussion strayed off course.
“We need to know if we have a committee majority – 12 votes,” I stated, “or if that’s the case for those who want to modify last year’s bill.”
Everything else we do depends on that.
Wednesday, January 13, 2010
Wednesday, January 13 - Take two
People like to be asked and people like to be thanked.
They also like it when you show up.
The Women Legislators of Maryland Foundation held “The Reunion of the Sisterhood! 2010” last night.
Unlike all other Annapolis receptions at the dinner hour, you had to purchase a ticket. However, there were no competing affairs.
The chair of the group outlined the top four issues for the session, Governor O’Malley spoke, and nearly 30 women electeds stood at the microphone to give their name and legislative district.
Then the chair asked the male legislators to stand up.
Speaker Busch and I were the only two.
Pretty amazing, I thought to myself. Not that I was there but that no one else was.
(Already a dividend: “Always good to see some male legislators there!” a lobbyist wrote me today. She wants to include an amendment of mine in a bill she’s drafting.)
-----
I may become a member of a second caucus of two.
Another Orioles Fantasy Camper is running for the House of Delegates, I just learned.
We’re both catchers. However, only one of us is a Democrat.
So he’ll get no free publicity (or batting practice fastball to hit) in this diary.
They also like it when you show up.
The Women Legislators of Maryland Foundation held “The Reunion of the Sisterhood! 2010” last night.
Unlike all other Annapolis receptions at the dinner hour, you had to purchase a ticket. However, there were no competing affairs.
The chair of the group outlined the top four issues for the session, Governor O’Malley spoke, and nearly 30 women electeds stood at the microphone to give their name and legislative district.
Then the chair asked the male legislators to stand up.
Speaker Busch and I were the only two.
Pretty amazing, I thought to myself. Not that I was there but that no one else was.
(Already a dividend: “Always good to see some male legislators there!” a lobbyist wrote me today. She wants to include an amendment of mine in a bill she’s drafting.)
-----
I may become a member of a second caucus of two.
Another Orioles Fantasy Camper is running for the House of Delegates, I just learned.
We’re both catchers. However, only one of us is a Democrat.
So he’ll get no free publicity (or batting practice fastball to hit) in this diary.
Tuesday, January 12, 2010
Tuesday, January 12 - Shaking off the rust
There is no spring training before the regular session/season in Annapolis.
This afternoon, we were fifteen minutes into the discussion of a bill I’ll be introducing before the thought hit me. As drafted, this bill would not be heard by my committee.
There’s certainly no guarantee that it will pass if it’s considered by the Judiciary Committee, but at least I’ll be in the room – for the public hearing, the voting session, and the pre-meeting meetings with the Chairman, legal staff, and committee leadership.
It’s a point I’ve made many times over the years in this diary, but it had slipped my mind today. You want to be in the room when your bill is discussed and voted on.
The corollary: when possible, have legislation drafted to amend a section of the Maryland code which falls within the jurisdiction of your committee.
“Research which committee heard other bills on this topic and what section of the code they were drafted to,” I asked one of the people at the meeting.
With that information in hand, we’ll revise the bill.
Same words, different pew. We hope.
This afternoon, we were fifteen minutes into the discussion of a bill I’ll be introducing before the thought hit me. As drafted, this bill would not be heard by my committee.
There’s certainly no guarantee that it will pass if it’s considered by the Judiciary Committee, but at least I’ll be in the room – for the public hearing, the voting session, and the pre-meeting meetings with the Chairman, legal staff, and committee leadership.
It’s a point I’ve made many times over the years in this diary, but it had slipped my mind today. You want to be in the room when your bill is discussed and voted on.
The corollary: when possible, have legislation drafted to amend a section of the Maryland code which falls within the jurisdiction of your committee.
“Research which committee heard other bills on this topic and what section of the code they were drafted to,” I asked one of the people at the meeting.
With that information in hand, we’ll revise the bill.
Same words, different pew. We hope.
Monday, January 11 - What a first-year law student knows
My first day in Annapolis began with the gotcha quote of the day.
Senator Harry Reid's remark about then Senator Barack Obamna's skin color and dialect - or lack thereof, prompted an endless and mindless discussion on "Morning Joe" on MSNBC.
Of course, there was the canard that the liberal press had a double standard: "When Trent Lott said the country would have been better off had Strom Thurmond been elected President, the mainstream media called for his head."
A first-year law student knows how to point out the critical differences between one set of facts and another. Acknowledging voters' prejudices is far different than regretting that a segregationist was not elected President.
My day ended with a sober discussion of the fiscal problems faced by the state and Baltimore City.
In Annapolis, we're not distracted by sideshows. We address the tough issues, balance the budget, and preserve the state's AAA bond rating.
All during the next 90 days.
Senator Harry Reid's remark about then Senator Barack Obamna's skin color and dialect - or lack thereof, prompted an endless and mindless discussion on "Morning Joe" on MSNBC.
Of course, there was the canard that the liberal press had a double standard: "When Trent Lott said the country would have been better off had Strom Thurmond been elected President, the mainstream media called for his head."
A first-year law student knows how to point out the critical differences between one set of facts and another. Acknowledging voters' prejudices is far different than regretting that a segregationist was not elected President.
My day ended with a sober discussion of the fiscal problems faced by the state and Baltimore City.
In Annapolis, we're not distracted by sideshows. We address the tough issues, balance the budget, and preserve the state's AAA bond rating.
All during the next 90 days.
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