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.

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.”

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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.

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.

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.

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.

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.

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.

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.

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.

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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.

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.)

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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.

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.