Delaying others as they have done unto me

            I don’t have much experience trying to kill legislation.

           Sponsoring as many bills as I do, my modus operandi is making a persuasive argument and trying to clear all of the hurdles necessary for my bill to become law.

           Instead, I’ve been on the receiving end of falsehoods and delaying tactics.

          At a strategy meeting today on a bill I oppose, I had the chance to do unto others as they have done unto me (but only the delaying part).

           Lots of witnesses and lots of amendments, I suggested.

           If the bill passes out of the House, then have it amended in the Senate. The House will have to act on it again.

           Time is your enemy when you’re trying to pass a bill. Delay is your friend if you’re trying to kill it.

March 14

Civil Rights and Wrongs

             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

             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

          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

Same goal, different views

            We kept it simple but said it differently.

            My bill would extend Maryland’s public accommodations law to business websites and prevent discrimination because of someone’s physical disability.

            “If you want to buy a plane ticket or purchase a book at Amazon, it’s a very simple transaction,” I told the members of the Health and Government Operations Committee, “but if you’re blind, it isn’t – unless the website is designed correctly.”

            My goal: put my fellow legislators in the shoes of a blind person.    

            “Wheelchair ramps that provide accessibility to a building are now commonplace,” stated the next witness, Andy Freeman.  “Websites that the blind can use should be as well.” 

             A practicing lawyer, Andy used a precedent for what our bill seeks to accomplish. 

             “Shopping is a good thing, but for us, this is a civil rights issue,” declared Sharon Maneki, the leading advocate for the blind in Maryland.

                Sharon made it personal. 

                Each of us brought a different perspective to the legislation. 

                Our goals were identical.

March 8

Results – Present and Future

             Hard work.  Real results.

            That’s the campaign slogan I’ve used in several elections.

            Real results were the subject at a community meeting on Saturday. 

           Neighborhood residents are discussing how to spend slots money for economic and community development in areas near Pimlico Race Track.   

           My 41st District colleagues and I worked very hard to keep that money in the slots bill in 2007.

           There once again will be a grocery store at Liberty Heights and Hillsdale Avenues.  The lot has been an eyesore for a decade and a major concern for both the community and the delegation.

            Mayor Rawlings-Blake announced the contract with a developer this week.  There’s still hard work ahead to meet concerns about hiring people from the community and other issues.

             My actions today, on the other hand, won’t bring real results this legislative session.

             I talked to a staffer about drafting language for the budget bill. (The process that led to the Thornton formula for funding public school education began with similar action.)

             I discussed a witness list for a bill hearing next week, with the goal of generating momentum to pass the bill next year.

March 7

Political Courage

       I had just walked into the Meadowbrook Swim Club in Mt. Washington. My tie was loosened, and a staffer said I must have had a tough day.

         “Next week we’ll be voting on the marriage bill,” I responded.

          Then it hit me. This will be one of those historic votes.

          Like the abortion and stem cell research floor battles of the past (and death penalty repeal later this term, hopefully), it will be a test of legislative strategy, floor debate, and simple counting – to make sure all of our supporters are voting with us.

            The end result is public policy that affects people’s daily lives.

              The lobbying on marriage equality has been intense – on both sides.

               It is legitimate for the clergy to speak out on an issue of this nature and clearly not a violation of the separation of church and state. I only wish they had been as vigorous on the death penalty.

               “I have been interested in the problems of political courage in the face of constituent pressures,” wrote John F. Kennedy in Profiles in Courage. “When that roll is called he [the Senator] cannot hide, he cannot equivocate, he cannot delay.” 

               Next week, we will all face that moment.

March 4

I’ll survive it.

             “There was one bucket in the middle of the cattle car for 50 people,” Leo Bretholz told me. 

             Leo was sitting next to me at the witness table today.

            Seventy years ago, he was in a railroad car, heading from France to the Nazi death camps.  Leo escaped, but thousands of others did not. 

            They were transported on cars owned by the Railroad of France.  That business now owns a majority interest in a company that has bid to run the MARC train commuter line. 

             My legislation would require the company to disclose information in its records relating to the jewelry, books, family heirlooms,  and other precious property, such as Leo’s stamp collection, that it confiscated from these people.

             Leo testified that he was given a receipt when he surrendered his belongings.  The company said it had no records of anyone’s possessions.   

            Committee members had many questions, far more than the norm at a hearing in Annapolis.  They reflected a great understanding of and interest in the issues raised by my bill.  

            The chairman asked company officials, “Why don’t you make the investment that would make the information in your archives available to the people who are requesting it?”

             Two hours after the hearing began, someone asked Leo if he was tired. 

            “I’ll survive it,” he responded.

March 3

An expert to begin the conversation

         When you have your case won, sit down and shut up.

          I learned that in law school.

          When the person following you to the witness stand is an expert with an extraordinary commitment to educating every child, regardless of the skills or limitations the student brings to the classroom, sit down and shut up.

           I learned that today.

           The witness was Dr. Andres Alonso, CEO of the Baltimore City Public Schools.

           “The conversation in Baltimore City is no longer about how these kids can’t learn,” he told my committee.  “If we do the right work, these kids will succeed.” 

             My bill would permit the suspension or dismissal or teachers or principals for ineffectiveness, as measured by standards that will be adopted as part of Maryland’s successful application for Race to the Top funds from the federal government.

             “If you think my kids are too tough to teach,” declared Dr. Alonso, “you shouldn’t be in my system.” 

             My legislation is a long shot this year, but Dr. Alonso began the conversation.

March 2

Helping both the left and the right

         “Wouldn’t this bill would help both the left and the right?” the Minority Leader asked.

           “Yes it does.  That was my intent,” I responded.

            My bill would prohibit force, deceit and intimidation by those gathering signatures to have a referendum on a bill passed by the General Assembly.  The same prohibitions would also apply to those opposed to having the issue decided by the voters.

            Delegate O’Donnell sits one row in front of me on the House floor.   So he was speaking to me, not the entire body. 

            We agreed that the right is more likely to be asking the electorate to reverse a law passed by a Democratic legislature.  I pointed out that my bill would take effect June 1, so that it would apply to petition gathering for the marriage equality bill. 

            No commitments were made, but the conversation should be helpful – for both the left and the right.

March 1

  • My Key Issues:

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