February 18 – Don’t reenact the wheel

When it comes to bill drafting, I’m very conservative.

If another state has adopted a law on the same topic, use it.

If that statute proves inadequate, you’ll have evidence to improve what we enacted.

When you’re proposing changes to existing law, tinker with that language instead of replacing it.

You don’t need to reenact the wheel.

Last year, Ken Birnbaum, a former neighborhood president in my district and an insurance agent, told me about a client who put on his application that he would be traveling to Israel to visit his son.

He was told there would be an exclusion on his life insurance policy for travel to Gaza and the West Bank, including the Old City of Jerusalem.

I introduced House Bill 803, which is modeled on a Colorado law. At today’s hearing, Ken and I testified in support of the bill, as did the lobbyists for the life insurance industry.

It should be smooth sailing from here.

But I won’t take that for granted.

February 17 – Remembering lynchings

I had never done this before.

I had no written testimony for the hearing on my lynching bill.

Instead, I distributed to the committee the chilling account of the lynching of George Armwood in Sherrilyn Ifill’s On the Courthouse Lawn.

I pointed out that Clarence Mitchell, Jr. reported on the Armwood lynching for the Afro American.  His successor as chair of the Leadership Conference on Civil Rights, Wade Henderson, had submitted written testimony, I told the committee.

In response to a delegate’s question, I said that I would consider it a friendly amendment to limit the remembrance of lynchings to historical markers, removing memorials from the bill.

Ironically, the state’s historical markers program originated in 1933, the same year as the last recorded lynching in the state, George Armwood’s.

February 16 – You need to respond

You can’t expect your opponents to share with you their tactics for killing your bill.

But when you learn how they’re trying to do so, you need to respond.

Over the last two days, I’ve learned of objections to my legislation creating a Commission on Solemn Remembrance of the Victims of Lynching that took place in Maryland.

How would these brutal hangings be depicted?  Would this sensationalize these ghastly acts, instead of honoring the accomplishments of African-Americans?

I went to the webpage of the Maryland Historical Trust.

The thematic virtual tours of Maryland’s historical markers has photos of 11 markers of “the contributions of Maryland’s African Americans.”

http://mht.maryland.gov/historicalmarkers/TourSearchResults.aspx?tour=African American

We printed a copy for the committee members at tomorrow’s hearing.

 

February 15 – Deep depth

Earl Weaver might call it deep depth.

I introduced legislation at the request of one of the Cabinet agencies.

Since the bill hearing is this week, I met with the department’s lobbyist.

“You need to show the committee chair that this bill is important to you,” I advised. “That means your Secretary should meet with him.”

Then we discussed who should testify.

“You want to have people who would be helped by this bill. Mothers and fathers,”  I said.

You cover all of your bases.

February 13 – Justice Scalia

Justice Scalia was one of my 81 closest friends.

As an Orioles season ticket holder, I go to 81 home games with my friends. For over twenty years, I have gone to a game with the Justice.

We met at a Johns Hopkins event in 1993. My cousin, Jerome Schnydman, was the Director of Alumni Relations.

I asked the Justice if I could go to the oral argument on Wisconsin’s hate crimes law. I had sponsored a similar law.

He said yes. I then asked if he had been to the recently opened Camden Yards.  He had not.

Every year since, he came to a ballgame and I went to an oral argument.

It didn’t take many innings for him to realize that we did not agree on the Constitution or baseball.

Not infrequently, I would tell him that I was working on legislation that would reverse a decision that he had written or supported.

He is a Yankees fan.

He talked about the extraordinary response that his nomination brought about in the Italian-American community. He even got to meet Joe DiMaggio.

His original intent philosophy extended to baseball. He was not a fan of the designated hitter.

The beauty of the law is that people can disagree on principle, make their arguments, and respect the outcome.

Justice Scalia and I agreed on that.

 

February 11 – A deadline

Even committee chairs stood in the line outside the Clerk’s Office.

Today’s the deadline to introduce your legislation and be guaranteed a public hearing.  (A vote on your bill still remains within the discretion of the committee chair.)

I was in that line – with four more bills, for a total of 29.

All of those great ideas – policy initiatives, solutions to constituent problems, and bell ringers (to bring people to the table) – need to be submitted by 5:00.

Legislation introduced after today can clear all of the hurdles to passage, but time is your enemy in this process.

February 10 – Write me a letter. I’ll withdraw my bill.

A good letter can mean no bill hearing.

This summer, a constituent complained that he had to get a license in every county where he conducted his liquid waste hauling business.  Why not a single state-issued license instead?

I had a bill drafted.

Last month, I met with a representative of the Maryland Association of Counties.

He wrote me today that MACO is willing to meet with my constituent and any other affected stakeholders and in good faith try to address his concerns.

I withdrew my bill.

I will attend the meetings with my constituent.

A second bill would have required a state agency to issue a report every six months on its oversight of a project it is funding.

I asked a high level official if the department would commit to such a study by letter. The Secretary has agreed to do so.

I will not introduce the bill.

I will share the reports with interested – and more knowledgeable than I am, parties.

This morning, I received the Cas Taylor Award. It’s presented to a sitting member of the House of Delegates for steadfast commitment to public service and the integrity of the House of Delegates.

My thanks to my constituents, advisers, mentors, family, and staff who helped me earn this honor.

This is what Speaker Busch and I said at today’s floor session of the House of Delegates.

Speaker: The last award goes to one of our own. And this individual during their time in the General Assembly has been a tireless worker, has a broad knowledge of all the issues, has distinguished himself on the floor of this great House, and has played an intricate role in moving the state of Maryland forward. He is one of the longest serving members of this body. This year’s Speaker’s Society Award goes to someone that gives the Opening Day prayer, that we joke about his [being a] utility player, that can serve on any committee (and that has served on just about every committee) and has done it with distinction and knowledge. Today’s recipient of the Cas Taylor Award for the Speaker’s Society is the outstanding member of this chamber, Delegate Samuel Rosenberg, better known as Sandy.

Del. Rosenberg: There’s my family, my mother and my brother. You all may recognize my brother. And I wouldn’t be in my ninth term if it weren’t for my mother because she organized Election Day and we still have the paper- no computer Mr. Chairman [Vallario] – we still have the paper forms that we used for every precinct. I had no idea so there’s no prepared text. I tell people that I love my job and I mean it because here we can make a difference. This isn’t Washington, we get things done, collegially and in a bipartisan way. The many issues that I’ve had the pleasure of working on and the Speakers that I’ve served with from Ben [Cardin] who was my district [mate], Clay [Mitchell] was my first Chairman, Cas [Taylor] clearly a mentor and I take his Bible with me to Israel, and my coach [Mike Busch], and all of you. Thank you very much.

 

February 8 – It was 25 years ago today

If any of the Republican Presidential candidates were to win next November and nominate pro-life justices to the Supreme Court, a woman’s right to choose would be at great risk but not in Maryland.

Twenty five years ago this Monday, we passed the bill making the holding of Roe v. Wade the law of Maryland.  It was approved on referendum by a 62-38% margin.

Our law is not abortion on demand, which is how pro-lifers falsely characterize it.

If a fetus is viable, an abortion is legal only if the procedure is necessary to protect the life or health of the woman or the fetus is affected by genetic defect or serious deformity or abnormality.

More than a dozen Republican legislators, including future governor Robert Ehrlich, voted for Senate Bill 162 in 1991. Of my GOP colleagues today, a handful, at best, are pro-choice.

Governor Schaefer signed the bill within an hour of the final vote in the House of Delegates. That would not be the case today with Governor Hogan.

Access to family planning is likely to be the women’s reproductive health issue this year in Annapolis.

Legislation will be introduced this week.

February 4 – A jury’s duty

“The last time it took us seven years,” I told my co-sponsor, Delegate Dumais.

“It” was repeal of the death penalty.

The first time we introduced that bill was in 2007.  It passed in 2013.

A persuasive argument for many of my colleagues was that we would be replacing execution with the sentence of life without the possibility of parole.

A jury, not the judge, had to determine whether the sentence should be death, unless the defendant waived that right.

That would also be the case under this year’s legislation.

There are several pending court cases on this question.

Passage of the bill would make certain that a jury has this responsibility.

  • My Key Issues:

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