Category: Sandy’s 2013 Legislative Diary

Praising the NRA, Quoting Justice Scalia

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“The NRA is very good at what it does,” I declared.

I was a guest on the Marc Steiner show.

“The existing law is riddled with loopholes, thanks to the NRA,” I continued.  “For instance, agents of the federal Bureau of Alcohol Tobacco and Firearms can make only one inspection per year of a licensed gun dealer.”

Some of the other points I tried to make.

“President Obama and Governor O’Malley are not claiming that their legislation would be a panacea [as another panelist had asserted].  What they’re seeking are reasonable limitations on access to certain firearms and magazines that will reduce the risk of deadly violence upon innocent children and others.”

“Chiefs of police overwhelmingly support gun control laws.”

In response to the claim that the 2nd Amendment would be violated by these restrictions, I read from Justice Scalia’s opinion in the case striking down a District of Columbia statute because it violated an individual’s right to possess and use a firearm for traditionally lawful purposes, such as self-defense within the home.

“From Blackstone through the 19th-century cases” the law was understood to mean that the Second Amendment “was not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose…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 had this dialogue with a veteran lobbyist who was about to seek co-sponsors for a bill we are working on.

“It’s good to have a champion on the committee,” said the lobbyist.

“No, it’s essential,” I replied.

“I’m getting too old to get a lot of co-sponsors.”

“Young or old, seeking co-sponsors who are not on the committee hearing the bill is the biggest waste of time in Annapolis.”

 

January 15 – Broken from birth

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“The death penalty was broken from birth,” declared Benjamin Jealous, president of the NAACP.

He spoke at the press conference where Governor O’Malley announced that he would sponsor the bill repealing capital punishment.

The Governor’s action is a big deal.  He brings the power and resources of his office to our effort.  So has Ben Jealous.

Nonetheless, I still felt uncomfortable when several people congratulated me.

“That’s appropriate for the bill signing,” I responded.

When I spoke, I congratulated “our two leaders, Governor O’Malley and Ben Jealous, for their moral courage and political leadership.”

“Weather permitting, this event was supposed to be held outside, next to the Thurgood Marshall statue,” I said.

“That statue honors Marshall for bringing the lawsuit that integrated the University of Maryland Law School.  As a young lawyer, Marshall also handled death penalty cases.

“Eighty years ago, he knew that the death penalty was broken at birth.  Over the next eighty days, we will remove this blight from our laws.”

 

A new job and an old committee

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The Speaker has appointed me House chair of the Joint Committee on Administrative, Executive and Legislative Review, which reviews regulations proposed by the executive branch.

After your bill passes, the regulations implementing it can be crucial.  I now have responsibility for that process for all departments and agencies.

My appointment was made public Thursday at noon.  Before the day was out, three different people spoke to me about issues before the committee.

One of those individuals represented the Maryland Federation of the Blind.  At her request,  I put a hold on a regulation because of the concerns the Federation had with the accessibility of digital learning technology for individuals with disabilities.

I am also returning to the Judiciary Committee.

With both death penalty repeal and gun control being debated and voted upon by that committee, I expect to play a crucial role on both issues.

My return did not go unnoticed.  Juvenile justice advocates have asked me to introduce one of their bills.

 

Avoiding fatal fiscal notes

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Every bill has a fiscal note.

It estimates the cost to state government if the legislation is enacted.

A bad fiscal note can kill your bill before you speak the first words of your testimony.

I know.  It happened to me once.

The customary culprit is a state agency that doesn’t like your bill and submits an overly generous estimate of its cost to the legislative staffer who’s preparing the fiscal note.

But a legislator or advocate doesn’t have to wait until the fiscal note is distributed the day of the bill hearing to offer alternative numbers.

That’s what I advised at my 9 a.m. meeting, where the individual was seeking a tax credit.  The more businesses that receive the credit, the greater the loss to the state.  To avoid an agency estimate on the high side, I suggested meetings with the agency and the fiscal note writer.

At my noontime meeting, the proposed bill would save the state money.  Make sure the agency doesn’t underestimate the savings, I counseled.

First Day: Your Colleagues, Family, and Judgment

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             The first day of the session is for renewing acquaintances among colleagues  – even though our last time together was in August for the slots special session, instead of April.

It’s also the first day that I receive my bill requests in the form suitable for introduction and first reading.  Nine to be exact.

And it’s also a day for family – my mother, two brothers, and sister-in-law.  If one of your brothers bears a striking resemblance to you, there are startled looks from fellow delegates and more than a few photos taken.

But we were also reminded why we’re here.

Congressman Steny Hoyer read to us this quote from British legislator Edmund Burke:

Your representative owes you, not his industry only, but his judgment; and he betrays instead of serving you if he sacrifices it to your opinion.

One flight up and hiding the ball

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 I usually walk up one flight of stairs.

 But when Governor O’Malley is taking the elevator, so am I.

We were headed to the annual eve-of-session luncheon for Democratic elected officials.

When we reached the 2nd floor, the Governor was met by a gaggle of reporters.

In response to a question about the death penalty, he said, “There may well be a majority of Senators who support repeal.”

Senate President Miller has said that the bill will be debated on the Senate floor only if there are the necessary 24 votes for passage.

So the Governor’s statement is good news.

—

My colleague and I had agreed to introduce a bill.

One person at the meeting stated, “We hope this bill will pass under the radar of its likely opponent because that group has far more costly issues to deal with this session.”

I responded: “The first contact should be from us, explaining the need for the bill.  Otherwise they might think the worst.”

Everyone agreed.

You don’t try to hide the ball.

 

Getting the deed done

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You don’t always need to pass your own bill in order to accomplish your objective.

 That’s what I told 100 members of the Maryland Association of Non-Profits at their pre-session meeting today.

 The Governor’s budget bill can be the vehicle for these groups to make legislators and the executive branch aware of deficiencies in existing programs.

 Put a human face on the problem with a witness at the budget hearing, I advised.  Then lobby the subcommittee to adopt language asking the state agency to examine the problem.

 For instance, committee narrative in the budget bill resulted in the Thornton Commission, which successfully recommended a major increase in funding for K-12 public schools in the state.

 Another way of quietly getting the deed done:

 You have a problem that needs to be addressed in a bill someone else will be introducing.

 You can wait until the bill is introduced and offer an amendment, or you can try to get your concern addressed in the legislation before it’s introduced.  I adopted the latter approach at a meeting this morning.

 Full disclosure: I’ve already requested that 19 bills be drafted, and I have quite a few more on my spreadsheet.

 My first sentence of this blog began, “You don’t always need to pass your own bill…”

  • My Key Issues:

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