Session Summary: Abortion, Public Safety, Pimlico Race Track, Handguns, Red Line, Voter Access

At this year’s General Assembly session, as the Supreme Court considered the fate of reproductive rights, I was a leader in expanding access to safe abortions. Additional crime-fighting resources will be provided in 41st District neighborhoods.

Senator Jill Carter, Delegates Dalya Attar, Tony Branch, and myself obtained construction  funds for the Ambassador Theatre; Enoch Pratt Library Park branch in Park Heights; the intersection at Northern Parkway and Falls Road; Cross Country Elementry/Middle School; Ahavas Chaim; Allendale Recreation Center; and Hillside Park in Roland Park.

As a legislator, my policy and moral judgment is that abortion is a medical and moral decision for a woman to make in consultation with her physician and any others that she chooses.   The voters of Maryland agreed in 1992, approving by a 62-38% margin the law that protects a woman’s right to choose.

Unlike other states, which are restricting legal and safe abortions, this year’s General Assembly broadened access to the procedure, reducing the medical risk to a woman.

After a triple homicide, I joined my 41st District colleagues in working to increase police presence in Howard Park.  With more funding for police in the Governor’s budget, we will secure this protection in more neighborhoods.  We have also reduced the hours of operation of problem liquor stores.

A person who carries a gun will use it.  That’s the lesson I learned from the acquittal of 18-year old Kyle Rittenhouse.

Under Maryland law, individuals seeking to carry, wear, or transport a handgun must apply for a permit from the Maryland State Police and renew it annually.  Appeals are now heard by administrative law judges, who already decide appeals from decisions by several state agencies.    I played a key role in the passage of this legislation in 2019.

However, our system is jeopardized by a Supreme Court case where a similar New York law is expected to be found in violation of the 2nd Amendment.  I will work with Attorney General Brian Frosh to determine how Maryland can protect us from handguns after this case is decided.

It was my idea for the Maryland Stadium Authority to evaluate whether Pimlico could remain the home of the Preakness. In May 2016, that study concluded that a rebuilt facility could host a Triple Crown race.  I will continue to work with the communities surrounding the race track, the horse racing industry, and my legislative colleagues to make this site a major asset for the Park Heights community and the Baltimore region.

At this session, the General Assembly made it clear that design, architecture, engineering, and permitting for this redevelopment are to begin by September 1.  We also appropriated $10 million dollars to begin the work at Old Hilltop.  The Preakness will continue to be run at Pimlico while construction is underway.

In his first year in office, Governor Hogan withdrew state funding for the Red Line.  He called it a “boondoggle.”  In the bipartisan infrastructure bill, federal funding to revive this mass transit system was made possible by Senators Cardin and Van Hollen and Congressmen Mfume, Ruppersberger, and Sarbanes,.

I successfully introduced House Bill 632 to require an update of studies and surveys on this needed system.  My legislation will also prohibit anyone’s home from being condemned to build the Red Line, unlike the case with the “Highway to Nowhere,” the unfinished interstate in West Baltimore.

For over two decades, opioid manufacturers unleashed a scourge of addictive and deadly pills.   Maryland joined the lawsuit against them.  Our portion of the $26 billion-dollar settlement is approximately $492 million. We obtained a higher share than our population would indicate because the opioid crisis has hit Marylanders harder than in other states.

Under my legislation that passed last year, this money will be used for a variety of authorized opioids abatement programs, such as treatment for substance use disorders and overdose reversal medicines.  Two bills that I successfully introduced this session provide for the allocation of these funds among the state and local governments and create an advisory council that will include people who have firsthand experience with opioid addiction and recovery.

Expanding access to the ballot and preventing deceptive attempts to affect the outcome of an election are among my highest priorities.  I introduced legislation to expand early voting to the Sunday before Election Day.  This issue will be studied.

Judge Ketanji Brown Jackson was a public defender before she became a judge.  The origin of the public defender: the Supreme Court held in Gideon v. Wainwright that a criminal defendant has a constitutional right to counsel. Providing a lawyer in civil proceedings, like rent court, for a person who can’t afford an attorney extends the Gideon principle.

Last year, the legislature enacted a right to counsel in eviction cases.  This year, we funded it.  I was a leader in both of these efforts, introducing legislation and creating our budget strategy.

Maryland is a national leader in preventing lead poisoning because all properties built before 1978 must have a lead inspection at each change of occupancy.  However, a landlord’s failure to comply with this law is not an issue of fact in an eviction case.     That evidence can be introduced because of legislation that I introduced this session.

Thanks to my parents,  I was able to enter public service with no academic debt. It has meant a great deal to me as a legislator to create public service internships and fund loan forgiveness programs.  This year, I expanded service opportunities that match 21st century needs of participants and communities with legislation that Senate President Bill Ferguson and I jointly introduced.  A Maryland Civilian Conservation Corps is one example.

Our goal is to attract talented young people to the state and entice others to stay here and be part of the work force, by offering in-state tuition to students who perform a service year.

This is an election year. I will be running with my colleagues, Senator Jill Carter and Delegates Dalya Attar and Tony Bridges.

I hope that we have earned your support.

A B- Grade and a 94-41 Vote

A victim of a hate crime could seek damages in a civil action under House Bill 290.

During today’s debate on the House floor, too many of my Republican colleagues spoke inaccurately about what the bill would do.

That prompted me to speak.

As the House sponsor of the original Hate Crimes Act, I rise in support of this bill. 

Hate crimes are underlying criminal acts.  We enhance the penalty because of the nature of the motivation to commit that act – because it’s directed against people of certain characteristics.

Such a law was approved by the Supreme Court unanimously, and this bill simply applies that standard to a civil action.

Free speech is in no way harmed or limited by this bill.

My Torts professor in law school might have given me a B-.  The bill passed the House, 94-41.

Pimlico – A Worthy Middle Jewel

Sports Entertainment Facilities Act of 2022 was the short title of House Bill 897 when it was introduced.

As amended by the House of Delegates today, it is entitled,  Economic Development – Sports Entertainment Facilities and Events, Prince George’s County Blue Line Corridor Facilities, and Racing Facilities.

Of greatest interest to me was Section 3.

It requires the Maryland Stadium Authority to provide “two reports, on or before September 30, 2022, and January 1, 2023 on the progress of the Pimlico and Laurel Park racing facility redevelopment plans.”

It also sets forth the General Assembly’s intent that design, architecture, engineering, and permitting for the redevelopment of the Pimlico site and demolition of the Pimlico Old Grandstand proceed on or before September 1.

My job now is to work with the communities surrounding the race track, the horse racing industry, and my legislative colleagues to make this site the worthy home of the middle jewel of racing’s Triple Crown and the focal point of renewal of the Park Heights community.

One week more

The session ends next Monday at midnight.

Once again, I went over the list of my bills that have made it to the Senate.

I don’t want to work on a bill for months – several before Annapolis and three once we’re here, and have it die at the end  because I took its passage for granted.

In one instance, the substance of my bill was amended onto another bill by the House.

I decided to email members of the Senate committee hearing this legislation that I have an interest in its passage.

Plus there’s my list of bill ideas for next year, assuming my constituents re-elect me.

For instance, the voting place for the Grove Park neighborhood was moved without adequate notice.

What opportunity should a community be given to protest such a change before it’s made?  How is this done in other states?

No doubt this article will give me some ideas.

Flurry of New Laws Move Blue and Red States Further Apart

How A Lawsuit Becomes A Bill Becomes a Law

Attorney General Brian Frosh sued Westminster Management, an apartment management company, for routinely using “unfair or deceptive” rental practices while running rodent-infested apartments in Baltimore.

That suit was filed in October 2019.

I introduced House Bill 499 at the 2021 session, requiring that any funds the State receives from such a lawsuit, brought under our Consumer Protection Act, be deposited in a Rental Housing Restitution Fund.

That money could then be used only for rental and legal assistance for individuals facing eviction.

HB 499 did not pass, but legislation creating access to counsel in eviction cases did.

I introduced a revised bill this session.

Under House Bill 571, money received from these lawsuits would be deposited in the Access to Counsel in Evictions Special Fund.

That fund was created in the law we passed last year.

HB 571 passed the Senate yesterday and now awaits Governor Hogan’s approval.

The rental property owners opposed my bill until I removed language referring to the lawsuit brought against Westminster Management.

One of the owners of that company is Jared Kushner, the son-in-law of President Donald Trump.

Presentment

Here’s a new term for the Annapolis dictionary: a presentment bill.

The Maryland Constitution requires that a bill passed by the General Assembly be presented to the Governor.

It must be taken from the clerk’s office on the first floor of the State House and presented to the staff of the Governor on the second floor.

If a bill is presented with a certain number of days left in the 90-day legislative session and the Governor decides to veto the bill, he must do so while we are still in session.

The legislature can override the veto before the session ends, this year on April 11.

Thus, a bill that we believe Governor Hogan might veto is considered a presentment bill.

April 1 is the last day for such a bill to pass the legislature and be presented to the Governor.

Redistricting and the next Speaker

Redistricting is an inherently political matter.

When you draw the lines, should you take into account where incumbents live?

Should a voter be able to cast a ballot for one member of the House of Delegates or three members?

Should districts cross the boundary lines between Baltimore City and Baltimore County?

Should a conservative neighborhood be included in a predominantly liberal district?

The answers to these questions have consequences.

During today’s floor debate, a delegate from a Baltimore County neighborhood said that his community would be “without representation.”

The incumbent Congressman for his district is Kweisi  Mfume.

I wish that redistricting could be done in a bipartisan way.

However, the bill before us today will help determine who is the next Speaker of the House of Representatives.

The choice will be between Hakeem Jeffries or Kevin McCarthy.

I’m for the Democrat.

The real strategy

In Annapolis, there’s the reason, and then there’s the real reason.

The real reason is not stated publicly.

Politics may be involved.

In this diary, I try to tell you the strategy needed to pass a bill.

Tonight, I’ll discuss the strategy and then the real strategy.

A few weeks ago, I wrote about a bill I introduced that would expand public service opportunities to match 21st century needs of participants and communities.

I described it as FDR’s Civilian Conservation Corps updated for climate change.

The bill’s Senate sponsor was President Bill Ferguson.

After the legislation passed the Senate unanimously, I texted him, “The burden is on me” to get it through the House.

Not quite.

The Senate President was responsible for negotiating a favorable outcome.

This afternoon, the House adopted amendments to Senate Bill 228.

My job is not to get my bill enacted as well.

My job is to work with President Ferguson to make sure our legislation is implemented by the executive branch.

It’s all local.

All politics is local.

So are budget appropriations.

Where state dollars are available, it’s my job to try to bring them to the 41st District.

The capital budget is for construction projects.

The Pimlico Race Course redevelopment, the Ambassador Theatre renovation, and a new Enoch Pratt Library branch in Park Heights will each get more than $1 million, thanks to the efforts of myself and my 41st District colleagues.

Governor Hogan and the General Assembly just reached agreement on tax cuts for retirees and working families.

Individuals 65 and older who make less than $100,000 in retirement income will receive a $1,000 tax credit.  For couples earning less than $150,000 in retirement income, the credit is $1750.

In addition, certain medical, personal care, and child care products will be exempted from the sales tax.

Additional spending was also announced.

I’m aware of increases in public safety that could enhance police protection in Howard Park, scene of a triple homicide earlier this month, and other neighborhoods.

I’ll review the Governor’s supplemental budget to see if there are other programs where the benefits can be local.

“Persevere.”

I’m listening to the tape of Judge Ketanji Brown Jackson’s Senate confirmation hearing yesterday, as I write.

No doubt you were also moved by her story from her freshman year at Harvard.

“Persevere” was the single word uttered to her by a Black woman whose path she crossed one night on campus.

Like Judge Jackson, I graduated from a public high school, but my family was upper middle class.

Baltimore City College and my mother had prepared me well for Amherst College.

My moment of perseverance came in law school.

I flunked a Civil Procedure exam.  The professor asked me how I did in my other classes.

“In Telford Taylor’s Constitutional Law class,” I responded, “I got an A.”

I met with Baltimore City Public Schools officials today.

We discussed the Jackson hearing.

“It’s your job to educate those students who go on to college for their moment when they need to persevere,” I said.

They understood.

  • My Key Issues:

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