Sandy’s 2011 Legislative Diary – Page 3

Nearing 3rd base and in the infield

March 23, 2011 | by delsandy | Sandy's 2011 Legislative Diary | No Comments

When you’re nearing third base, assume the coach will wave you home. If you slow down, the catcher may be waiting to tag you out.

BJ Surhoff taught us that at a Ripken Fantasy Camp.

In Annapolis (and elsewhere), that means plan ahead and be prepared.

We must have a special session this fall to redraw the lines for the state’s eight Congressional districts. We could consider other issues at that time – if the Governor and the presiding officers agree to do so.

Today was not the first time that a lobbyist asked me whether an issue of interest to him would be on the agenda this fall. Better to be running at full speed than to be caught unawares.

The budget bill was debated by the House this afternoon. Earlier in the day, I was asked to be ready to speak on abortion, stem cell research, and horse racing.

“It’s a matter of conscience – for those of us in this body, for the voters who approved abortion when it was on referendum in 1992, and for the women on Medicaid who would be affected if the state no longer paid part of the cost if they choose to have one,” I declared.

The floor was as quiet as it has ever been during the many times I have spoken over the last 29 years. The amendment to eliminate state funding for abortions failed, 52-82.

Other members effectively made the argument to preserve state funding of research with both adult and embryonic stem cells. The amendment to eliminate this program failed, 44-90.

“If we cut funding for purses and the operating expenses of the race tracks, you won’t have 100,000 people in the infield at Pimlico on the third Saturday in May. The Preakness will be run in another state,” I said. This amendment failed, 11-121.

March 23

A silent dog and an easy allegation

March 22, 2011 | by delsandy | Sandy's 2011 Legislative Diary | No Comments

The dog that didn’t bark persuaded Sherlock Holmes that the intruder was known to the victim and his guardian animal.

The gun didn’t fire on the House floor today. There were two bills dealing with guns, but neither drew any comments or amendments.

I’m not Holmes. So I don’t know why.

There has a great deal of discussion on my bill to prevent dirty tricks before they affect an election by allowing a judge to issue an injunction when there is clear and convincing evidence that someone has violated the law or may do so imminently.

I had not participated in the debate, leaving that responsibility to the chair of the subcommittee that worked on my legislation.

However, when the minority leader erroneously said that my bill would permit someone to make an “easy allegation” that could affect the outcome of an election, I finally rose to speak.

“This legislation is modeled on a provision in the federal Voting Rights Act of 1965. An ‘easy allegation’ won’t persuade a judge to issue a court order,” I said.

The bill passed, 96-44.

March 22

A grocery store, favorable amendments, and not a planned trip

March 21, 2011 | by delsandy | Sandy's 2011 Legislative Diary | No Comments

You need to sweat the details – at home and in Annapolis.

That’s what I told the people at a community meeting in Howard Park this weekend.

The subject was the long awaited and much anticipated grocery store at Hillsdale and Liberty Heights Avenues. The community is very interested in employment opportunities there, as well as the positive effect it could have on redevelopment of the nearby Ambassador Theatre, where Barry Levinson first went to the movies.

“We will sweat the details on these issues for you,” I said, on behalf of myself, my 41^st District colleagues, and the two City Councilwomen who represent the area.

In Annapolis, favorable amendments were added to the Senate version of one of my bills. I described the changes in a memo that I will be hand delivering and discussing with each of the members of the Education subcommittee on my committee.

Sweating the details and taking nothing for granted.

I’ve been in several meetings to iron out amendments to my bill requiring the French railroad to make available on the Internet its records from the deportation of Jews to the Nazi concentration camps.

The bill defines property as “any personal belongings owned or controlled by victims.”

“Why what does ‘controlled’ mean? Isn’t ‘owned’ sufficient?” someone asked.

“People brought whatever they could put in one piece of luggage or just a knapsack,” I responded. “This wasn’t a planned trip.”

March 21

I often depend upon help from colleagues

March 21, 2011 | by delsandy | Sandy's 2011 Legislative Diary | No Comments

This was a day for the newsletter rule.

I don’t have to be the lead sponsor of a bill. If I can legitimately take credit for my role in getting a bill passed, then I can mention it in my end-of-session newsletter.

Two examples today.

Last year, I introduced legislation to require the Public Service Commission to make comparative information about electricity prices easily accessible to the public. This website would include a user-friendly search tool, enabling consumers to search for service offers in their zip codes.

My bill did not pass, but the chairman of the committee introduced similar legislation this session. House Bill 597 would require the commission to regularly update a customer choice education page. It passed the House today, 138-0.

After the shooting of Congressman Gabrielle Giffords in January, I did not want that tragedy to pass without the legislature taking action.

At a minimum, we should address access to guns by people with mental illness. Gun control legislation is considered by the Judiciary Committee, where I served until this year.

This means I would no longer be the most effective person to shepherd the bill through the committee. So I asked Delegate Lu Simmons, a subcommittee chairman on Judiciary, to be the lead sponsor.

He did the research and drafting for the legislation but kept me informed along the way. The amended bill, which creates a task force to study the access of individuals with mental illness to regulated firearms, was reported to the House floor today.

March 18

Planning for next year

March 17, 2011 | by delsandy | Sandy's 2011 Legislative Diary | No Comments

Some of my bills get killed.

What do I do next?

Plan for next year.

I just learned that one bill died in subcommittee yesterday despite the fact that we proposed amendments to meet the objections raised by our opponents at the bill hearing.

I promptly wrote the people I worked with on the legislation:

My suggestion for next year: Have the bill drafted this summer with these amendments. Ask the Attorney General if the revised version meets the objections of the bill’s opponents. Share that response with the organizations and lobbyists who opposed the bill prior to the bill hearing. Then provide the committee with their responses – or lack thereof.

Another school of thought says you should outorganize the other side between now and next session. Flood members with emails and phone calls.

Granted, you need to demonstrate that voters care about your bill. But you can’t do it by numbers alone. Most of the time, you also have to modify your bill to meet the legitimate objections to it or to pick up the needed votes.

And remember, most bills don’t pass the first year they’re introduced.

March 17

A moment I’ll never forget

March 16, 2011 | by delsandy | Sandy's 2011 Legislative Diary | No Comments

I’ve never received a message like this before:

We are told that they [the KIPP school and the Baltimore Teachers Union] are close to an agreement. Any chance we can move our bill down the list [of bills to be heard in my committee today] to allow for more time?

The email this noon was from one of the pro bono lobbyists for KIPP, a charter school in my district whose students have excelled.

Last year, KIPP’s middle school students out-performed the state average on the Maryland State Assessment in reading and math. KIPP sends its 8th graders to the city’s best public and private high schools, helping many of them secure scholarships.

86% of KIPP’s first graduating class finished high school in four years, and everyone of those students earned admission to college.

Central to KIPP students’ success are their teachers. Their commitment to these children extends beyond regular class hours. KIPP cannot afford to pay them the overtime rates mandated in the contract for teachers in Baltimore City.

My bill would allow a charter school such as KIPP to conduct a secret ballot election among its employees to vote on an amendment to a collective bargaining agreement. An 80% super majority would be needed to adopt the amendment.

This democratic process respects both the collective bargaining agreement and KIPP’s commitment to its students.

The introduction of my legislation had its desired effect. It prompted KIPP administrators and officials of the Baltimore Teachers Union to discuss a long-term solution to this matter.

This afternoon, they initialed the outlines of an understanding.

To give the news about this agreement to the 100 parents of KIPP students gathered in Annapolis to testify for the bill and share their joy is a moment that I have never experienced before and will never forget.

March 16

Ending Executions

March 15, 2011 | by delsandy | Sandy's 2011 Legislative Diary | No Comments

I was asked only one question.

I had started my testimony on repeal of the death penalty by saying, “I’ve told this committee in prior years that the death penalty is inherently flawed. You can’t always get it right. There’s always the risk that innocent people will be executed.

“Last week Governor Quinn of Illinois said that as well, when he signed the law repealing capital punishment in that state.”

My tone was deliberate but emotional.

After I finished, the chairman asked if there were any questions.

“Why should we get rid of something when we never use it?” asked a delegate.

“More than one warrant for execution will be on the Governor’s desk before his term ends,” I replied. “The decision to end capital punishment in Maryland should not be made by one person but by the people’s representatives in the legislature.”

March 15

Civil Rights and Wrongs

March 12, 2011 | by delsandy | Sandy's 2011 Legislative Diary | No Comments

When Dr. Martin Luther King, Jr. marched, joining him in the front lines were Walter Reuther, head of the United Auto Workers, and Rabbi Abraham Joshua Heschel.

When Clarence Mitchell, Jr. lobbied the Congress to pass the Civil Rights Acts, he spoke on behalf of the Leadership Conference on Civil Rights, whose members include the disability and gay rights communities.

When a lawyer for the ACLU, Ruth Bader Ginsburg, argued before the Supreme Court that the 14th Amendment’s Equal Protection Clause barred discrimination on the basis of a person’s gender, Justice Thurgood Marshall agreed.

When one of my colleagues argues during the floor debate that civil rights does not extend to gay rights and the Family Research Council praises the bill’s opponents for speaking out against “the attempted hijacking of the concept of civil rights,” they are dead wrong.

March 11

A summer study by any other name

March 10, 2011 | by delsandy | Sandy's 2011 Legislative Diary | No Comments

A summer study is another name for a dead bill – except when it isn’t.

Last year, I introduced House Bill 703. It would have charged every lawyer in Maryland $50. The money raised, a projected $1.7 million annually, would be used to help repay the academic debt of attorneys working for the government or a non-profit and earning less than $60,000.

I knew the bill would not pass. I wanted to start a discussion.

I helped that process along by speaking to Judge Irma Raker, chair of the judiciary’s Access to Justice Commission. She was interested. I helped write the letter from the House committee chair asking the commission to have a summer study of my idea.

This summer, I testified before the commission. It came up with the idea of imposing an additional $75 fee on out-of-state lawyers for handling a legal action without taking the Maryland Bar. The projected revenue: $48,800.

House Bill 523 passed the House today, 104-33. (Republicans are opposed to fee increases, not just tax hikes.)

The bill must now be considered by the State Senate, where I hope it is not sent to summer study.

March 10

Whatever it is, we’re against it

March 9, 2011 | by delsandy | Sandy's 2011 Legislative Diary | No Comments

We’ve never passed a perfect bill.

When I explained to the Democratic Caucus why all amendments to the marriage equality bill had to be rejected, that’s how I began.

Adopting any change now would kill the legislation because the Senate will not take it up again this session. This isn’t the first time we’ve been in this “take it or leave it” situation.

When abortion, embryonic stem cell research, and death penalty bills reached the House floor after surviving Senate filibusters, I had to deliver the same message.

(The House has returned the favor on slots legislation.)

The first three amendments offered on the House floor were defeated by 20-vote margins.

However, the debate on the next amendment prompted my seatmate, Delegate McIntosh, and me to think that this vote would be close.

So I was all set to rise and explain my vote, buying time for our whips to speak to those delegates who had yet to vote. Before I could be recognized, the Speaker intoned, “The Clerk will take the call.”

The amendment failed, 63-72, a nine-vote difference.

When we looked at the print copy of the roll call to see who had switched sides, one name was conspicuous. Mine.

In my eagerness to speak, I had forgotten to vote.

March 9

My Key Issues:

Category: Sandy’s 2011 Legislative Diary