Category: Sandy’s 2013 Legislative Diary

A bed for Mr. Edgell

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“They treat you like crap in the ER,” Carl Edgell said. “When you’re in the psych ward, you’re at ease.”

Mr. Edgell has been diagnosed with bipolar disorder, depression, and post-traumatic stress disorder.

Early this morning, I read about him in the Baltimore Sun.

The article described the impact of an on-line registry of psychiatric beds in private hospitals.  The purpose: emergency room staff can find an available and appropriate bed far sooner.

However, not all hospitals are participating.  According to the article, some are concerned that their participation would create a new burden for staffers and help federal regulators spot patient placement violations.

When I got to my office, I made a bill drafting request: Make hospitals’ participation in the on-line registry program mandatory as of January 1, 2014.

I then sent an email to the interested parties: the committee chair, the Secretary of Health, hospital lobbyists, and mental health advocates.

I hope to get all of these people around a table – the witness table at the bill hearing or in a private setting beforehand, to discuss how best to provide better access to appropriate care for the mentally ill.

 

The initial Sun article is at:

http://www.baltimoresun.com/health/maryland-health/bs-md-psychiatric-registry-20130218,0,6436400.story

Follow-up article is at:

http://www.baltimoresun.com/news/maryland/bs-md-psych-registry-legislation-20130219,0,558876.story

 

February 18 – Policy and courtesy

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The legislative process is about policy decisions.

What should be encouraged or required?  Or prohibited?  If so, what is the appropriate penalty?

The legislative process is also about relationships and courtesies.

Your opponent today could be your ally tomorrow.

If you do unto others, they will remember and do unto you.

I have introduced House Bill 1271, which would protect a person’s interest in the commercial value of his or her identity.  It is related to, but not the same as, intellectual property rights, such as copyright and trademark.  This legislation would protect public figures, as well as an unknown whose face was used in an ad campaign.

The bill hearing is Wednesday.  Today, we had a conference call with lawyers and lobbyists.  Some helped me draft the bill.  Others opposed it as introduced but could support it if certain amendments are adopted.  Another opposes it in any form.

The conversation narrowed our differences, but more needs to be resolved.

Soon afterwards, I spoke to someone about another bill.  I suggested that he let the lead sponsor know before the public hearing about the amendments he will propose when he testifies.

Then one of the conference call participants called to clarify his client’s position.  “I don’t want you to be caught by surprise,” he said.

It’s more than a smile and a shoeshine.

It’s simple courtesies.

Been there, done some of that

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From the front page of today’s NYTimes

ALBANY — Bucking a trend in which states have been seeking to restrict abortion, Gov. Andrew M. Cuomo is putting the finishing touches on

legislation that would guarantee women in New York the right to late-term abortions when their health is in danger or the fetus is not viable.

National abortion rights groups have sought for years to persuade state legislatures to adopt laws guaranteeing abortion rights as a backup to

Roe. But they have had limited success: Only seven states have such measures in place, including California, Connecticut and Maryland; the

most recent state to adopt such a law is Hawaii, which did so in 2006.

(Legislation making Roe v. Wade’s protections of a woman’s right to choose the law of Maryland  passed the General Assembly in 1991.  Senate Bill 162 was petitioned to referendum and approved by the voters, 62-38%.  I was one of the lead sponsors of the House bill.)

The governor has said that his Reproductive Health Act would be one plank of a 10-part Women’s Equality Act that also would include equal

pay and anti-discrimination provisions.

 (The first item in my bills.2014 file)

http://www.nytimes.com/2013/02/17/nyregion/cuomo-bucks-tide-with-bill-to-lift-abortion-limits.html?hp&_r=0

Little said, something accomplished

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After session yesterday, I asked a subcommittee chair if any action had been taken on one of my bills.

She said, “No.”

I asked if I should have an amendment drafted.

She said, “Yes.”

I walked to the State House basement and spoke to a drafter in the Amendment Room.

Walking back to my office, I ran into the delegate whose concerns my amendment sought to address.   I described it to her.

She said, “Perfect.”

Taking a life

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I also tell my students not to read their testimony but to speak from their head and heart instead.

Today, my committee heard the bill to repeal the death penalty.

Below is my written testimony.

I did not read it but did relate most of it.

 

This is a conscience vote.

When, if ever, should the state take the life of one of its citizens?

Each of us is being asked make a judgment.

This afternoon, and in the weeks to come, we will consider morality, theology, deterrence, race, DNA, victims, and general funds.

For myself, this is also a pragmatic vote.

We spend an inordinate amount of time and effort legislating and litigating the death penalty.  The public would be better served if we expended the same effort on issues that have a greater impact on public safety – where people live, work, and play.

With capital punishment expunged from our Code, we can turn our attention to more pressing criminal justice issues.

Life without the possibility of parole is the appropriate sanction for those who commit heinous murders.

The time has come to end state-sanctioned executions in Maryland.

I urge a favorable report.

 

Before I spoke, Governor O’Malley testified as to the countries where the majority of executions take place today – Iran, Iraq, North Korea, Saudi Arabia, the People’s Republic of China, Yemen, and the United States.

I turned to Ben Jealous, President of the NAACP,  “Apartheid South Africa used to be on the list.”

When I testified, I related that story.

Practice what you teach

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When you draft a bill or amendments, it’s not the same as writing a legal brief that a judge will scrutinize.

Your words should clearly convey the intent of the legislature.  However, there are frequently instances when certain words may not be legally necessary but are essential from a legislative or political standpoint.

I teach that to the law students in my Legislation classes.  Today I practiced it.

Under current law, if a legislator has represented a person for compensation before a state agency, the member must disclose the name of the person represented, the services performed, and the consideration received in an annual financial disclosure statement.

This statement is filed after the fact – by April 30 of this year for actions that occurred in 2012.  Consequently, the affected agency may be unaware that the legislator was representing a private individual, instead of acting on behalf of his or her constituents.

House Bill 222 would add a more timely reporting requirement.   A legislator would be required to file a written disclosure with the highest ranking official of the agency as well as the office of the official or employee with whom the legislator is being paid to communicate on behalf of another person no later than the first contact with the state agency.

At the hearing yesterday, two delegates expressed concerns that as lawyers they would have to file this form every time they had a client in district court.

My response at the witness table was legalistic: if you’re not already required to include this representation on your disclosure statement, this bill doesn’t require you to do anything.

I thought about asking the Attorney General’s Office what our ethics law mandates for the annual filing.

I decided to amend the bill instead, to exempt appearances in district and circuit court or before administrative law judges from the additional disclosure requirements.

If this language gets the bill a favorable report, it will be legislatively correct.

 

 

A candid conversation proves productive

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“At no time does the caseworker say, ‘Tell me about the guy you’re pregnant by,’ other than to ask whether he’s paying child support.”

The witness testifying next to me was Joe Jones, founder of the Center for Urban Families.

I was in the audience at Johns Hopkins in the fall of 2011 when Joe spoke about the importance of getting the absent father involved with his child and the mother.

Last year, I introduced a bill to create a pilot program that would provide the tools for both parents to achieve success in the home, the workplace, and society at large.

Participants in at least three counties would be required to develop a written family-focused career plan, learn skills that are necessary in the job market, and attend focus groups about employment and financial literacy, economic stability, and building healthy relationships.

That legislation was not enacted.  However, I worked with the Appropriations Committee to include language in the budget requesting the Department of Human Resources to seek a federal grant for a pilot program.

The department’s efforts were less than vigorous.  I communicated that belief to a DHR official several weeks ago.

Our conversation was productive.

Joe Jones emailed me this morning that he and the Secretary  have agreed to establish a workgroup that would review the model in our legislation, updating and refining program outcomes and goals.  This afternoon, the Department submitted testimony supporting the bill with amendments.

I think House Bill 333 will get a favorable report from the Appropriations Committee.

 

 

 

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Our accomplishment is a lot

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“We are not here long, but our accomplishment is a lot,” declared a speaker before the dinner.

I have gone to countless community meetings, religious services, and synagogue banquets over the last 30+ years.

Last night, for the first time, I went to the annual dinner of the Ohr Hamizrach Congregation, the religious home of approximately 200 Jewish families who fled Iran after the fall of the Shah.

“My family got a phone call telling us the police would soon be at our home,” recalled one congregant during the cocktail hour.  “We took jeeps to the mountains, then camels, and fled to Pakistan.  Then to London and Baltimore.”

—

I drove past City College this morning.

The tower was impressive amidst the fog.

So is the teaching that takes place inside that building, I said to myself, as it has for immigrants, their offspring, and African-Americans who were equals in an integrated setting there for the first time in their lives.

Sandy and Sunday

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My work on House Bill 217 began the day before Sandy blew into town.

I wanted to thank early voters at the former Pimlico Junior High.  I had to park three blocks away.  The line inside snaked around both sides of the entire first floor.   The expected wait was more than three hours.

Perhaps some were there because Hurricane Sandy was on its way.  Many more were there because “They tried to keep you from voting,” as I said to several voters.

I was referring to the Republican efforts to suppress voter turnout last fall.  Since no electioneering is allowed inside a polling place, I did not use the “R” word.

When I got home, I emailed a bill drafting request.  Early voting should be extended to the Sunday before Election Day, and the number of early voting centers should be doubled for the general election.

That request became House Bill 217, which had its public hearing today.

The key obstacle to Sunday voting is whether the names of early voters can be downloaded in time to the polling books used in each precinct on Election Day.

The State Board of Elections says no.  One committee member with a software background was skeptical.  I’ve asked a private-sector computer expert to assess the Board’s written statement.

An increase in the number of early voting centers seems likely.  It could be my formula or another.

One of the witnesses for the bill was Rev. Todd Yeary, senior pastor at Douglas Memorial Community Church in Baltimore.

“I feel rewarded because I got an ‘Amen’ from a committee member,” intoned Rev. Yeary.

I’ll feel rewarded if the bill gets a favorable report.

Gideon’s Trumpet

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     The crowds were across the street.

And down the block.

Five thousand people signed up to testify on the gun measures today in the Senate, a Republican colleague told me.

No doubt there were many references to the 2nd Amendment.

My committee’s hearing on these bills will attract similar intensity.

Today, however, we discussed how a poor individual can protect the civil rights secured by the Maryland Constitution or Declaration of Rights.

Those protections are similar to those in the federal Constitution and Bill of Rights, but there is no Maryland provision addressing the right to bear arms.

The objective of the legislation before us was best described by Steve Sachs, former Attorney General of Maryland:  “My core belief is that the glorious phrase ‘equal justice under law’ is only an empty phrase unless all citizens can access the rule of law.”

The less eloquent but key phrase at today’s hearing was “attorney’s fees.”

Since the prevailing party would be awarded those fees, the bill was opposed by local governments and the business community.

My view of this legislation was determined nearly 40 years ago when I read Gideon’s Trumpet, a book about the Supreme Court case that established the right to counsel in criminal cases.

A few years ago, the author, Anthony Lewis, autographed my copy: “for Sandy Rosenberg, who writes laws.”

In this instance, I will try to write a law that increases the constitutional protections afforded all Marylanders, regardless of their ability to hire a lawyer.

—

Several people have asked me when I’m leaving for Fantasy Camp.

Good to learn how much I was missed last week.

 

  • My Key Issues:

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