Two to the House Floor

Favorable committee reports today for two of my bills.

The Opioid Restitution Fund would target the use of any funds the State receives from its lawsuits against the opioid manufacturers.

I didn’t lobby this bill. I didn’t need to.

My testimony made the case that we should address the problems caused by opioids.

The money can be used to improve access to treatment, organize education campaigns to prevent opioid use, and support research and training for substance abuse treatment and overdose prevention.

Without this legislation, the money could be used for any lawful purpose.

My bill to enable my constituent and others to remain on the voting rolls while living abroad is also headed to the House floor.

Excusing herself from jury duty put at risk her voter regiostration.

My constituent has no plans to return to Mt. Washington.

Under the amended bill, she cannot be called for jury duty for at least five years.

What happens after that is a problem I’ll address my next term in Annapolis.

The old fashioned way

House Bill 307, Maryland Lynching Truth and Reconciliation Commission, had just passed second reader in the House of Delegates.

Delegate Joseline Pena-Melnyk, the vice chair of my committee, was the lead sponsor. I was second.

Three years ago, I introduced House Bill 173, Commission on the Solemn Remembrance of the Victims of Lynching

It was not going to pass. I withdrew it.

Today, I wanted to congratulate Joseline.

I could have, phoned, texted, or emailed her.

Instead, I walked across the House floor to congratulate her.

The old fashioned way.

She told me she would need my help in the Senate.

A walk worth taking.

 

 

Equally important

I am fine tuning my response.

I’ve gotten lots of positive comments on Facebook for my vote for the death with dignity bill that passed the House last week.

However, I’ve also received critical messages from individuals and groups.

This is an issue that deserves a response where I explain what the bill will do in detail and why I voted for it.

I spent more than an hour today revising the draft prepared by my staff. Now I’m seeking comments from several friends and advisers.

I will share with you the final version.

One person emailed me in opposition to the bill and also asked me about an important neighborhood issue.

That combination goes to the heart of what I do.

We make public policy in Annapolis. Equally important, we are advocates for our constituents on neighborhood issues back home.

A Profound Sequence

The death with dignity bill passed the House of Delegates today, 74-66.

I was prepared to speak, but my voice was not needed.

From the notes I made during the debate and the speech I gave in my mind, I would have said:

“This is a tough vote.

It is also a profound vote.

Nonetheless, the vote each of us casts today pales in comparison to the choices that people make at the end of their life.

This legislation is the product of five years of public debate.

It will not force anyone to end their life.

It will protect an individual’s ability to reach an outcome he or she chooses.”

My use of the word “profound” has great significance for me.

I speak of my work to repeal the death penalty as the most profound thing I will ever do.

I rarely use the word in any other context.

The first call I made after today’s vote was to Steve Sachs, a former Attorney General of Maryland.

Steve testified for this bill several years ago.

The bill is named for Richard Israel, an Assistant Attorney General whom Steve knew well.
I worked with Steve on death penalty repeal.

When I got back to my office from the floor vote, there was a message from Kirk Bloodsworth.

Kirk was on Maryland’s Death Row, but DNA evidence freed him.

I worked with Kirk on death penalty repeal as well.

For me, that is a profound sequence of events.

Withdrawal

“Last year I was an opponent. This year I’m an advocate,” a witness told my committee today,

That takes some doing.

It can start by acknowledging defeat.

My bill had a bad hearing.

Perhaps I introduced it to start a discussion on an issue, not expecting it to pass the first time around.

An unfavorable committee vote puts my colleagues on the record.

I can withdraw my bill instead.

I did that today for eight bills.

Two may find their way into committee narrative in the budget bill. (That’s an instruction to an executive branch agency to study an issue.)

The rest will require my meeting with the affected parties after we adjourn – to build the support necessary for a favorable outcome next session.

Potentially the most important thing

The future of our public education system is the most important issue my colleagues and I will address during this four-year term.

What will we be asked to do?

Preparing our students for the 21st Century economy will require:

  • Early support for children in pre-kindergarten;
  • High quality and diverse teachers and school leaders;
  • College or career readiness for all students; and
  • Accountability for everyone involved to ensure that all students succeed.

Those are the conclusions of the Commission on Innovation and Excellence in Education. It was chaired by Brit Kirwan, former chancellor of the University of Maryland System.

He has called it “potentially the most important thing I have ever been involved in.”

I was the lead sponsor of legislation that has expanded pre-kindergarten and provided incentives for our best teachers to work in schools with the greatest need for their skills.

Now it’s our obligation to do that on a greater scale.

We must review the commission’s recommendations, enact them into law where appropriate, and fund them.

That must be a bipartisan effort – by the Governor and the General Assembly,

Do we need to pass a bill?

After the bill hearing, my lead witness and I met with a high ranking executive branch official.

We can fund what you want to do, she wrote me today, and the nominal funding needed for this purpose can be provided by the revenue collected from an existing revenue source.

That prompted me to ask the Attorney General’s Office, “Can this revenue be provided under existing law or is statutory authority needed?”

(In non-lawyer English: Do we need to pass a bill?)

I copied the official who had written me, who quickly responded, “To be clear, we don’t think we have the authority to provide funding…without legislation.”

Should I amend my legislation to get this done or should I wait until next year?

I’ll make that decision after I get my legal advice.

Not thirty miles down the road

“Listen, they moved Yankee Stadium, the House That Ruth Built.”

An official of the company that owns Pimlico Race Track, Tim Ritvo, said that to the New York Times during Preakness Week of 2016.

I emailed him: “The Yankees moved across the street, not thirty miles down the road.”

I will recount that conversation when I testify tomorrow on House Bill 1190, which would create a work group to study how to finance the redevelopment of the Pimlico Race Track property, as proposed by a study commissioned by the Maryland Stadium Authority.

Racing facilities would be modernized, and commercial, medical, housing, and recreational facilities would be built on the rest of the property.

It was my idea for that study to be undertaken.

I did so after another Pimlico official said, “Right now, I’d say Laurel is in the lead [to host the Preakness].”

The owners of Pimlico are no longer masking the fact that they want to move the Preakness thirty miles down the road – to Laurel.

Track officials met with neighborhood leaders last weekend.

Their pitch: we will help you redevelop the property after we close the race track.

The community’s response: a unanimous no. We want to implement the Stadium Authority plan.

I will let the committee know of that statement as well.

Counting votes and a fireside chat

The votes that counted were the “no” votes.

HB 166 is the minimum wage bill. It would raise that standard to $15.00.

Our Republican colleagues offered five amendments that would weaken the bill.

Each one was defeated.

The number of “no” votes ranged from 94 to 99.

A simple majority is needed to defeat (or pass) an amendment – one more vote than the other side.

However, a 3/5th majority is needed to override a veto.

In the House, that’s 85 votes.

If Governor Hogan vetoes this bill, the votes are there to override in the House.

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An historical note:

In a “fireside chat” the night before FDR signed the first federal minimum wage law, he warned:

“Do not let any calamity-howling executive with an income of $1,000 a day, who has been turning his employees over to the Government relief rolls in order to preserve his company’s undistributed reserves, tell you – using his stockholders’ money to pay the postage for his personal opinions — tell you that a wage of $11.00 a week is going to have a disastrous effect on all American industry.” (1938, Fireside Chat, the night before signing the Fair Labor Standards Act that instituted the federal minimum wage.”

 

Kremlin online, Myself in the room

I don’t think I’ve ever done this before.

I testified on my bill even though I had been told that it was most likely unconstitutional.

Last year, I was a key player in our first-in-the nation response to the Kremlin’s disruption campaign during the 2016 election.

Several provisions in a bill I introduced were included in the law we enacted. When such ads target our state or local elections, online platforms will be required to retain copies of campaign material and to disclose who paid for political ads.

The Washington Post went to court, and the federal trial court judge ruled that requiring a newspaper to publish this material violated the First Amendment.

Meanwhile, the press reported that the Kremlin’s misinformation campaign did not end after the last ballots were counted. Special Counsel Robert Mueller indicted 13 Russian nationals for their roles in this conspiracy.

That prompted me to introduce House Bill 711, which would require online platforms to make reasonable efforts to detect and prevent dissemination of anonymous foreign political communications on their sites, in addition to the campaign-related posts under last year’s law.

Prior to today’s hearing, I asked the Attorney General’s Office if my bill was constitutional. The response: If a court were to apply the reasoning of the trial judge, the bill would most likely be found unconstitutional.

With that legal advice, why did I go forward with my bill hearing?

The decision has been appealed, and the law may be upheld by a higher court.

When the relevant parties meet after that, I want my bill to be on the table.

And I want to be in the room where that happens.

 

  • My Key Issues:

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