Category: featured

Perhaps not only in the movies

| by delsandy | featured, Sandy's 2014 Legislative Diary | No Comments

Perhaps you remember the scene.

Alvy Singer (Woody Allen) is in a line at a movie and has to listen to an uninformed critic.

Out steps Marshall McLuhan from behind a poster to set things right.

At a Judiciary Committee voting session today, I tried to make the case for my bill that would allow a Maryland court to determine if a journalist could not be subpoenaed by another state because doing so would violate our reporter’s shield law.

The argument made against my bill: that decision should be made by a court in the state that is seeking the journalist’s testimony.

That court is not going to be sympathetic to applying Maryland law, I replied.

The bill lost, 8-13.

I emailed the Washington Post’s deputy general counsel, who had testified for the legislation.   He responded that it might not even be a permissible objection to make, since the local rules typically list the grounds on which one can object to a subpoena.

I introduced House Bill 370 after reading about a Fox News reporter based in New York who had been subpoenaed by a Colorado court.  The New York Court of Appeals ruled that doing so violated that state’s shield law.

The reporter’s attorney is based in Washington.

Next year, I’ll ask him to testify for the bill.

The stories Leo Bretholz told

| by delsandy | featured, Sandy's 2014 Legislative Diary | No Comments

 Leo Bretholz leapt to freedom after bending two parallel bars on a railroad car headed to a Nazi concentration camp.

He spent much of the rest of his life telling his story.

I was honored that he was a witness for my 2011 legislation that required the French national railroad (SNCF), Leo’s transporter to the German border, to make its World War II archives available to the public.

The American and French governments are now in serious negotiations about reparations for Americans like Leo who were taken by SNCF to Germany.

The Rev. Robert E. Albright became a longtime friend of Leo.

Rev. Albright eulogized him today and “all those whose story Leo told.”

On the funeral home website, I wrote:

Leo was an extraordinary human being. His perseverance, commitment, and sense of humor never faltered.

He left us so close to achieving his life’s objective.

 

Treatment objective furthered

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I’ve gone to several Drug Court graduations.

It’s very inspiring to be among people who are successfully dealing with their addiction, instead of spending time in jail.

Shortly before the legislative session began, I met with two people who deal with the Drug Court on a regular basis.

“What can we do to improve the court’s operation?” I asked them.

I then introduced House Bill 842, which would require that funding be maintained at $2.5 million annually and that participants’ bus fare be subsidized so that they can get to their treatment.

Last Friday, I learned that language was being considered for the budget bill that would require a study of outcomes for individuals with mental illness, intellectual disabilities, and substance abuse disorders who come into contact with the courts.

This would further my objective.

I withdrew my bill.

Listening and counting

| by delsandy | featured, Sandy's 2014 Legislative Diary | No Comments

House Bill 536 would do two things.

It would provide scholarships for public service internships for college and graduate students in the fall and winter semesters.  We already do that during the summer break.

It would also allow graduates of Maryland high schools, but now going to school out of state, to receive a limited number of these awards.

During the floor session yesterday, I was counting votes.

I spoke to members of the subcommittee, where the vote will determine the bill’s fate in the House.

They were all fine with adding the two semesters, but some had misgivings about adding the out-of-state students.  I was aware of that before today.

I made a pitch for the latter but added, “I don’t want to lose the bill over it.”

The perfect is the enemy of the good, goes the saying.

What happened here is relevant to most every bill.

Keep your ear to the ground.  Don’t take a member’s vote for granted.  Be willing to compromise.

Discuss the merits and carry a big stick

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You need the merits to succeed but you can’t succeed on the merits alone.

Two examples from the last two days.

The bill that I learned about yesterday would have prohibited the use of eminent domain by state or local government to condemn an underwater mortgage, where the debt exceeds the current value of a residence.

Senate Bill 850 was supported by the realtors.

Their lobbyist called me when he learned that I had played a part in having the House version of this legislation withdrawn.

Instead of the bill dying, it will now be amended.

A sunset provision will be added.

The bill would no longer be in effect after three years. I was not part of the discussions that led to this amendment, but the logic for it is that Baltimore City or any other county is not likely to pursue condemnation of mortgages until the constitutionality of doing so is resolved by ongoing litigation in another state.

The people who want to use eminent domain to make these homes affordable again don’t have a lobbyist in Annapolis.

Not having a presence/lobbyist when the other side does is the equivalent of Michael Corleone walking out of the bathroom with only a stick in his hand.

The Farm Bureau testified today on my bill that would require the police to get a judge’s approval before using a drone to collect information.

Criminal surveillance is not the Bureau’s concern.

It’s activist groups using drones to gather evidence about treatment of animals or compliance with environmental regulations.

Without someone reminding us to deal with this matter, it’s likely to fall by the wayside.

 

Trust and verify

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You don’t take things for granted in Annapolis – except when you do.

We had a very good hearing yesterday on my bill creating an internship program for students and veterans interested in a technology career.

Today it was time to count votes.

I spoke with the members of the subcommittee that will take the first – and decisive action on my legislation.

A majority supported the bill.

But I wanted to make sure.

I asked Freeman Hrabowski, whose op-ed prompted me to introduce my bill, to contact the subcommittee members as well.

He readily agreed to do so.

I asked Freeman Hrabowski, whose op-ed prompted me to introduce my bill, to contact the subcommittee members as well.

He readily agreed to do so.

—-

On the House floor this morning, a high-ranking delegate asked me to explain a bill in one of my areas of interest.

I was not aware until now that the bill had been introduced.

I explained my objections.

My colleague indicated that my views were decisive.  The bill would not advance.

In light of my trust in my colleague, I did nothing further to kill the bill.

A learning experience – under fire

| by delsandy | featured, Sandy's 2014 Legislative Diary | No Comments

This is how I learn things.

Someone was testifying on the first of 30 gun bills being heard by my committee today.

I turned to my pro-gun seatmate and lamented, “This will be a very long afternoon, especially if none of these bills will be sent to the House floor.”

Both of us assumed that after last year’s contentious debate, the leadership did not want to resume that discussion on the floor of the House or Senate.

Then a witness said, “The Senate committee is considering an amendment to the identical bill.”

If true, it means that a gun bill could get a favorable report from my committee.

The Senate is not going to work on a bill if it’s dead on arrival in the House.

From down arrow to unanimous

| by delsandy | featured, Sandy's 2014 Legislative Diary | No Comments

A down arrow in the Judiciary Committee’s back room usually means an unfavorable report in the public voting session.

Not this time.

When I testified on my reporter’s shield bill last month, it was clear that the legislation would die unless I narrowed the proposed definition of “journalist.”

House Bill 385 had a down arrow on the voting list distributed at the subsequent backroom meeting of the Judiciary Committee leadership.

I distributed an amendment removing self-employed journalists from the bill’s protection.  Only people in a contractual relationship with the news media would gain the right not to reveal their confidential sources if subpoenaed.

At the next backroom meeting, still a down arrow.

In response to the concerns raised this time, Delegate Simmons and I drafted another amendment, limiting the shield to work performed “within the scope of a contract.”

This change earned us a “Jump ball” (no recommendation) designation.

Progress.

The public voting session would take place after Thursday’s bill hearings.  When a colleague would walk out of the room that afternoon, I would follow and explain the amended bill.

It passed, 21-0.

Two pass, two later

| by delsandy | featured, Sandy's 2014 Legislative Diary | No Comments

  Two of my bills passed the House today, 129-0.

Two of my bills won’t come to the House floor.

I withdrew them because they don’t need to become law to further the policy objective that prompted me to introduce them.

The tobacco industry continues to woo young smokers.  The State should do more to counter these activities.

House Bill 1030 would have required the state Department of Health and Mental Hygiene to report to the legislature on how best to implement the Surgeon General’s recommendations on reducing smoking among this population.

I explained the bill to a high ranking department official, who then drafted a letter that the Secretary signed, pledging to study this issue and report back to us by November 1.

Home values have dropped precipitously across the state since the bubble burst in 2008.  Countless owner-occupied communities have been negatively affected.

House Bill 1078 would have created a task force to study this problem.  An existing commission will be asked to do so instead.

No tough pitches to hit

| by delsandy | featured, Sandy's 2014 Legislative Diary | No Comments

 

A baseball scouting report can evaluate a hot high school prospect or an entire team.

My bill defining “supervisor” to reflect the realities of the workplace for sexual harassment cases had its public hearing today.  

It would adopt Justice Ginsburg’s reasoning when she dissented in a case this past June.  
Identical legislation will be heard in the Senate tomorrow.   
 I often take notes on the arguments made by the opponents of my bills. 
 This time, I emailed them to the Senate sponsor, Jamie Raskin:  
 Since Judicial Proceedings will hear your crossfile tomorrow, a scouting report on opponents'
arguments:
 Raised doubt about whether we have the authority to act "contrary" to Supreme Court decision;
 Will result in flood of litigation; and
 Creates liability for actions of wayward employees.
 Senator Raskin should not have much trouble hitting these arguments out of the park.

  • My Key Issues:

  • Pimlico and The Preakness
  • Our Neighborhoods
  • Pre-Kindergarten
  • Lead Paint Poisoning