delsandy – Page 76 – Sandy Rosenberg

February 24 – Lincoln and the GOP, Then and Now

I saw “Lincoln” again last night.

This time, with floor debate on repeal of Maryland’s death penalty days away.

Without doubt, the most historic vote I will cast.

This time, with my niece, Rachel.

Afterwards, she asked me to explain how the Republican Party had changed from the party opposed to slavery to its present-day ideology.

I told her about FDR’s New Deal, Senator John Kennedy’s call to a jailed Dr. King late in the 1960 Presidential campaign, and President Richard Nixon’s Southern strategy.

Government Informers and Number 18

February 21, 2013 | by delsandy | featured, Sandy's 2013 Legislative Diary | No Comments

When a newborn displays the effects of prenatal drug use or fetal alcohol disorder, should health care providers be required to inform the government?

House Bill 245, introduced by the Department of Human Resources says yes.

I awaited the next question.

“Shouldn’t we determine if the mother is an abuser when the child is still in the womb?” asked one of my colleagues.

I tried to make the point that doctors and health departments encourage pregnant women to avoid drugs and alcohol.

Then I spoke of the substance abuse treatment offered to women when they apply for welfare benefits and upon their annual renewal visit. I helped create and fund that treatment option.

I also emailed a pro-choice lobbyist.

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Michael Phelps took some batting practice swings at the Orioles spring training camp today, wearing an orange Orioles jersey with No. 18 on the back.

“Hey, that’s my number!” I emailed some friends.

I wear 18 because like Brooks Robinson and Reggie Jackson, I was born on May 18.

I don’t know when Michael Phelps was born, but he won 18 gold medals.

http://www.baltimoresun.com/sports/orioles/blog/bal-michael-phelps-takes-batting-practice-with-orioles-20130221,0,6181298.story

Our best and brightest – then and now

February 20, 2013 | by delsandy | featured, Sandy's 2013 Legislative Diary | No Comments

What do Governor Martin O’Malley, Mayor Stephanie Rawlings-Blake, and former U.N. Ambassador John Bolton have in common?

They grew up in Maryland and went to college out of state. That would make them ineligible for the state program that gives a stipend to thirty summer interns with non-profits or state or local government.

I referenced those three public figures at the outset of my testimony on a bill to remove that in-state requirement.

We want to encourage our best and brightest to return home for their careers.

—-

My staff told me of an amendment to one of my bills that would delay its effective date.

I emailed back, “I won’t endorse that unless pressed when I testify but if that’s the compromise needed to pass the bill, I’m all for it.”

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Over the years, I’ve interviewed many candidates for judgeships.

Today, I interviewed the first one whom I’ve taught.

He was in my Legal Writing section at the University of Baltimore in 1992.

I asked him for a writing sample – from his law practice.

A bed for Mr. Edgell

February 19, 2013February 19, 2013 | by delsandy | featured, Sandy's 2013 Legislative Diary | No Comments

“They treat you like crap in the ER,” Carl Edgell said. “When you’re in the psych ward, you’re at ease.”

Mr. Edgell has been diagnosed with bipolar disorder, depression, and post-traumatic stress disorder.

Early this morning, I read about him in the Baltimore Sun.

The article described the impact of an on-line registry of psychiatric beds in private hospitals. The purpose: emergency room staff can find an available and appropriate bed far sooner.

However, not all hospitals are participating. According to the article, some are concerned that their participation would create a new burden for staffers and help federal regulators spot patient placement violations.

When I got to my office, I made a bill drafting request: Make hospitals’ participation in the on-line registry program mandatory as of January 1, 2014.

I then sent an email to the interested parties: the committee chair, the Secretary of Health, hospital lobbyists, and mental health advocates.

I hope to get all of these people around a table – the witness table at the bill hearing or in a private setting beforehand, to discuss how best to provide better access to appropriate care for the mentally ill.

The initial Sun article is at:

http://www.baltimoresun.com/health/maryland-health/bs-md-psychiatric-registry-20130218,0,6436400.story

Follow-up article is at:

http://www.baltimoresun.com/news/maryland/bs-md-psych-registry-legislation-20130219,0,558876.story

February 18 – Policy and courtesy

February 18, 2013February 18, 2013 | by delsandy | featured, Sandy's 2013 Legislative Diary | No Comments

The legislative process is about policy decisions.

What should be encouraged or required? Or prohibited? If so, what is the appropriate penalty?

The legislative process is also about relationships and courtesies.

Your opponent today could be your ally tomorrow.

If you do unto others, they will remember and do unto you.

I have introduced House Bill 1271, which would protect a person’s interest in the commercial value of his or her identity. It is related to, but not the same as, intellectual property rights, such as copyright and trademark. This legislation would protect public figures, as well as an unknown whose face was used in an ad campaign.

The bill hearing is Wednesday. Today, we had a conference call with lawyers and lobbyists. Some helped me draft the bill. Others opposed it as introduced but could support it if certain amendments are adopted. Another opposes it in any form.

The conversation narrowed our differences, but more needs to be resolved.

Soon afterwards, I spoke to someone about another bill. I suggested that he let the lead sponsor know before the public hearing about the amendments he will propose when he testifies.

Then one of the conference call participants called to clarify his client’s position. “I don’t want you to be caught by surprise,” he said.

It’s more than a smile and a shoeshine.

It’s simple courtesies.

Been there, done some of that

February 17, 2013 | by delsandy | featured, Sandy's 2013 Legislative Diary | No Comments

From the front page of today’s NYTimes

ALBANY — Bucking a trend in which states have been seeking to restrict abortion, Gov. Andrew M. Cuomo is putting the finishing touches on

legislation that would guarantee women in New York the right to late-term abortions when their health is in danger or the fetus is not viable.

National abortion rights groups have sought for years to persuade state legislatures to adopt laws guaranteeing abortion rights as a backup to

Roe. But they have had limited success: Only seven states have such measures in place, including California, Connecticut and Maryland; the

most recent state to adopt such a law is Hawaii, which did so in 2006.

(Legislation making Roe v. Wade’s protections of a woman’s right to choose the law of Maryland passed the General Assembly in 1991. Senate Bill 162 was petitioned to referendum and approved by the voters, 62-38%. I was one of the lead sponsors of the House bill.)

The governor has said that his Reproductive Health Act would be one plank of a 10-part Women’s Equality Act that also would include equal

pay and anti-discrimination provisions.

(The first item in my bills.2014 file)

http://www.nytimes.com/2013/02/17/nyregion/cuomo-bucks-tide-with-bill-to-lift-abortion-limits.html?hp&_r=0

Little said, something accomplished

February 16, 2013 | by delsandy | featured, Sandy's 2013 Legislative Diary | No Comments

After session yesterday, I asked a subcommittee chair if any action had been taken on one of my bills.

She said, “No.”

I asked if I should have an amendment drafted.

She said, “Yes.”

I walked to the State House basement and spoke to a drafter in the Amendment Room.

Walking back to my office, I ran into the delegate whose concerns my amendment sought to address. I described it to her.

She said, “Perfect.”

Taking a life

February 14, 2013February 14, 2013 | by delsandy | featured, Sandy's 2013 Legislative Diary | No Comments

I also tell my students not to read their testimony but to speak from their head and heart instead.

Today, my committee heard the bill to repeal the death penalty.

Below is my written testimony.

I did not read it but did relate most of it.

This is a conscience vote.

When, if ever, should the state take the life of one of its citizens?

Each of us is being asked make a judgment.

This afternoon, and in the weeks to come, we will consider morality, theology, deterrence, race, DNA, victims, and general funds.

For myself, this is also a pragmatic vote.

We spend an inordinate amount of time and effort legislating and litigating the death penalty. The public would be better served if we expended the same effort on issues that have a greater impact on public safety – where people live, work, and play.

With capital punishment expunged from our Code, we can turn our attention to more pressing criminal justice issues.

Life without the possibility of parole is the appropriate sanction for those who commit heinous murders.

The time has come to end state-sanctioned executions in Maryland.

I urge a favorable report.

Before I spoke, Governor O’Malley testified as to the countries where the majority of executions take place today – Iran, Iraq, North Korea, Saudi Arabia, the People’s Republic of China, Yemen, and the United States.

I turned to Ben Jealous, President of the NAACP, “Apartheid South Africa used to be on the list.”

When I testified, I related that story.

Practice what you teach

February 13, 2013 | by delsandy | featured, Sandy's 2013 Legislative Diary | 2 Comments

When you draft a bill or amendments, it’s not the same as writing a legal brief that a judge will scrutinize.

Your words should clearly convey the intent of the legislature. However, there are frequently instances when certain words may not be legally necessary but are essential from a legislative or political standpoint.

I teach that to the law students in my Legislation classes. Today I practiced it.

Under current law, if a legislator has represented a person for compensation before a state agency, the member must disclose the name of the person represented, the services performed, and the consideration received in an annual financial disclosure statement.

This statement is filed after the fact – by April 30 of this year for actions that occurred in 2012. Consequently, the affected agency may be unaware that the legislator was representing a private individual, instead of acting on behalf of his or her constituents.

House Bill 222 would add a more timely reporting requirement. A legislator would be required to file a written disclosure with the highest ranking official of the agency as well as the office of the official or employee with whom the legislator is being paid to communicate on behalf of another person no later than the first contact with the state agency.

At the hearing yesterday, two delegates expressed concerns that as lawyers they would have to file this form every time they had a client in district court.

My response at the witness table was legalistic: if you’re not already required to include this representation on your disclosure statement, this bill doesn’t require you to do anything.

I thought about asking the Attorney General’s Office what our ethics law mandates for the annual filing.

I decided to amend the bill instead, to exempt appearances in district and circuit court or before administrative law judges from the additional disclosure requirements.

If this language gets the bill a favorable report, it will be legislatively correct.

A candid conversation proves productive

February 12, 2013February 12, 2013 | by delsandy | featured, Sandy's 2013 Legislative Diary | No Comments

“At no time does the caseworker say, ‘Tell me about the guy you’re pregnant by,’ other than to ask whether he’s paying child support.”

The witness testifying next to me was Joe Jones, founder of the Center for Urban Families.

I was in the audience at Johns Hopkins in the fall of 2011 when Joe spoke about the importance of getting the absent father involved with his child and the mother.

Last year, I introduced a bill to create a pilot program that would provide the tools for both parents to achieve success in the home, the workplace, and society at large.

Participants in at least three counties would be required to develop a written family-focused career plan, learn skills that are necessary in the job market, and attend focus groups about employment and financial literacy, economic stability, and building healthy relationships.

That legislation was not enacted. However, I worked with the Appropriations Committee to include language in the budget requesting the Department of Human Resources to seek a federal grant for a pilot program.

The department’s efforts were less than vigorous. I communicated that belief to a DHR official several weeks ago.

Our conversation was productive.

Joe Jones emailed me this morning that he and the Secretary have agreed to establish a workgroup that would review the model in our legislation, updating and refining program outcomes and goals. This afternoon, the Department submitted testimony supporting the bill with amendments.

I think House Bill 333 will get a favorable report from the Appropriations Committee.

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