Gaining support in many ways

            I’ll take support for my bills from whomever and for whatever reason.

            Citizens United is the controversial Supreme Court decision that said corporations are people too – with rights under the First Amendment. 

            The government can’t limit how much they spend on a political campaign.  However, you can require them to report what they spend.

Last year, I was one of several legislators who sponsored bills to do that.  They were opposed by the Chamber of Commerce.

            This past summer, I helped draft a bill that would extend the existing disclosure requirements in our campaign law to independent expenditures by corporations and unions.  This modest, conservative approach can serve liberal ends. 

Last week, the Chamber provided us with four proposed amendments.  Committee counsel advised that the changes were minor, truly “tweaks” that did not gut the bill.

            The Chamber’s support should make a big difference. 

            I hope that a phone call from a prominent attorney to an undecided legislator on another bill I’m sponsoring will also make a big difference – on the merits. 

            Turns out the lawyer is also a contributor to the legislator’s campaign and will remind him of that.

February 15

After the bill passes, the work continues

                  My work doesn’t end when a bill becomes law.

                  Significant economic and community development projects will be funded with slots money in the neighborhoods surrounding Pimlico Race Track.

                  My 41st District colleagues and I worked with Speaker Busch and Governor O’Malley at the 2007 special session to keep that allocation in the bill.

                   But many of our constituents didn’t believe us when we told them about it.  The urban myth that the lottery proceeds would be spent on education still prevails. 

                   So we organized a tour of the areas where this money would be spent, and we urged the leaders of these communities to work together so that every eligible neighborhood would receive its fair share. 

            We met with the appropriate City government officials, and we put some shovels in the ground.  The renovated outdoor track at Northwestern Senior High School is the kind of improvement that can be funded with slots money.  We got it done with other funding sources last summer. 

            This morning, the City Planning Department met with elected officials to discuss its plan for implementing the law.  Each neighborhood will be consulted with a timeline of final decisions by mid-June. 

             The projected revenue in Fiscal Year 2012 is nearly $900,000  for the Park Heights Master Plan and almost $300,000 for the other communities within one mile of the race track.  Three years from now, those numbers are projected to increase nearly eightfold

            Now it’s my job to help make this process work to the benefit of these neighborhoods.

February 14

The Egypt Moment

As I joined the hundreds of young adults streaming into the Teach For America 20th Anniversary Summit at the DC Convention Center, I said to myself, “Tahrir Square has come from Cairo to Washington.”

Inside, several speakers referred to the “Egypt moment” for education reform.

The potential exists for significant reform in the wake of Race to the Top, President Obama’s education initiative, and the collective efforts of TFA and many other local and national groups.

I had a similar feeling last fall, when I saw “Waiting for Superman,” the documentary film about children – and their families, hoping that they could win a lottery to get themselves into a better school.

That was the night that I spoke to Bill Ferguson, newly elected to the State Senator and a TFA alumnus, about forming a coalition for education reform in Maryland.

We have introduced three bills. The most controversial one deals with dismissal of ineffective teachers, as measured by standards being devised in response to the Race to the Top law the legislature passed last year.

My take away from this extraordinary gathering in DC: Aim higher. Don’t settle for incremental change. Our kids can’t afford it.

February 12

Just an innocent man

There are lots of reasons to oppose the death penalty. 

“Legislators, advocates, and lawyers spend an extraordinary amount of time and money on these cases.  Those resources would be far better spent on initiatives that would protect our citizens in their daily lives,” I began my remarks at a press conference announcing that a record number of members in both houses are co-sponsoring the repeal bill this year.

Then I spoke of the Thurgood Marshall statue adjacent to the State House, which honors his work desegregating the University of Maryland Law School and ultimately, Brown vs. the Board, the case that put an end to the legal fiction of separate but equal. 

“But Marshall also represented defendants in death penalty cases and knew well the racial biases permeating the death penalty.  That is still the case today,” I concluded. 

 Afterwards, I Googled to make sure my memory had served me correctly.  I found this in a law review article.

 Marshall was trial counsel for an African American man accused of raping a white woman. The prosecution offered a life sentence in exchange for a guilty plea. Marshall conveyed the offer to his client who exclaimed: “Plead guilty to what? Raping that woman? You gotta be kidding. I won’t do it.” Marshall later recounted: “That’s when I knew I had an innocent man.”

Marshall told that story to his fellow justices, concluding: “The guy was found guilty and sentenced to death. But he never raped that woman.” He paused, flicking his hand, and added: “Oh well, he was just a Negro.” In a tribute to Justice Marshall after his retirement, Justice Sandra Day O’Connor reflected that stories like these “would, by and by, perhaps change the way I see the world.”

February 10

The worthy shall be last

 They saved the best (and most important) comment for last.

 “Homeless kids must find food and shelter on their own, but it’s difficult for them to obtain health care,” I began my testimony.  “They need their parents’ consent, but they’re living on the street without them.”

 House Bill 32 would allow someone from 12-18 years old to consent to medical care if certified as homeless, abandoned, or a runaway by the director of a homeless services provider, a health care provider, or a licensed social worker.

 We hadn’t anticipated some of the questions from committee members:

 “What if the child is living in a homeless shelter with one or both of his parents?”

 “Why did you make 12 years old the cutoff?”

 The dysfunctional nature of many of these families and the unwillingness of these kids to deal with a government system that has failed them were concepts that our witnesses knew well but several committee members did not. 

 The hearing was drawing to a close. 

 My chief of staff whispered to me, “We should meet with our folks afterwards to discuss how to respond to the issues raised by the committee members.”

 As I started to respond, I heard the chairman say, “We’ll be working on this bill in the Public Health Subcommittee.”

 That’s a very positive sign. A chairman doesn’t ask a subcommittee to work on a bill unless he thinks it’s worthy. 

February 9

New Committee, Old Bill, Same Words

 My first bill had already passed my new committee four times.

 House Bill 31 is designed to thwart dirty tricks before they affect the outcome on Election Day.  It would enable the Attorney General or a registered voter to prove to a judge that there are reasonable grounds to believe someone has or will violate the election law. 

 Last year was the first time the bill got to the Senate floor, but it died there in the midnight hour of the session. 

 The only question from a committee member today was whether this legislation would result in lawsuits over heated but legitimate political arguments. 

 “The bill does not criminalize anything that isn’t already illegal,” I responded.  “But it does enhance the penalty.  You would be in contempt of court.”

 A similar question arose over my second bill. 

 House Bill 101 would treat disruption and deception during a referendum petition drive as we already do dirty tricks. 

 You could not use fraud, force, menace, or intimidation when urging people to sign a petition or trying to prevent them from doing so.  An equal opportunity prohibition. 

 This time, the question came from a witness, a lawyer with experience in election law. 

 “What do menace and intimidation mean?  If someone yelled at a potential signatory, would that be a violation?” he asked.

 “This is a criminal law,” I responded.  “To be convicted, you must willfully and knowingly use force or intimidation.  A jittery voter on the receiving end doesn’t make it illegal.”

 The language in HB 101 is not new; it’s already in Maryland law and the federal Voting Rights Act.  So I asked committee counsel to see how these words have been applied by the courts over the last 40 years.

February 8

From Truman to Wooden to Weaver – Genuinely Confused

It’s what you learn after you know it all that counts.

Harry Truman, John Wooden, and Earl Weaver said that.  (I knew Weaver had; Google told me about the others.)

Today I experienced that expression.

We were talking about the floor amendment that did serious damage to one of my bills a few years ago. 

Legislator X was “genuinely confused” about the amendment, commented one of my allies. 

I had never heard that expression before, but I understood it. 

 A legislator who committed to vote for your bill can support an amendment that does major damage and act as if he didn’t know the implications.  In that case, you’re being genuinely used. 

On the other hand, in the heat of debate, a member can truly be unaware of the effect of an amendment, especially if you don’t have a whip system – where designated members remind those sitting near them how to vote.

 Organization can trump genuine confusion.

February 7

An Absolute Majority

       Asking colleagues to co-sponsor the death penalty repeal bill during today’s floor session reminded me that co-sponsorship is the biggest waste of time in Annapolis – except when it isn’t. 

        In this instance, we can demonstrate that we have absolute majorities in both houses who are willing to sign on to the legislation and, more importantly, to vote for it – if given the chance. 

       We did not have 24 votes for repeal in the Senate two years ago when a weakening floor amendment was adopted.  We do now, after the election last November.  Then and now, we’ve had majority support in the House.

       Not everybody said yes.  One delegate was “not just yet” ready to sign on.  Nonetheless, that was progress from our last conversation on the issue.    

       What do you think I did when several delegates asked me to sponsor their bill right after agreeing to do just that for my legislation?  I said yes too. 

        Under normal circumstances, I might have declined.  However, if someone supports repeal, it’s unlikely that any bill they’re sponsoring is unpalatable to me.

        My focus was a lot narrower on another bill – the chair of the subcommittee that will consider my proposal.  The chair did cosponsor but said, “This doesn’t guarantee I’ll vote for it.”

        But it’s a leg up.

February 4

Pitch Selection and a Legal Question

        For nearly 40 innings this past week, I needed to count to one, instead of 71 –  the votes needed to pass a bill in the House of Delegates.

        I’m a catcher.  If I put down one finger and the pitcher agrees, he will throw a fastball.  If he doesn’t like my pitch selection, I will put down two fingers for a curve ball and three for a slider.

         In the Fantasy Camp championship game yesterday, I caught eight innings.  Neither of my pitchers shook me off because he disagreed with my pitch selection. 

          We won, 8-7. 

          I didn’t reach base, nor did I tag a runner out at the plate in a crucial situation, as I had earlier in the week. 

            But it’s a team game, and my bobble head trophy is now displayed in my Annapolis office.         

            Speaking of sport, horse racing was the subject of the committee briefing today.

            Penn National has an ownership interest in two thoroughbred tracks, Pimlico and Laurel, and a harness track, Rosecroft, that it just bought in bankruptcy court. 

            Its principal business, however, is slots.

            So I asked this question of a witness:

               Can Penn National’s slots license be made contingent upon its performing certain acts as the holder of a racing license, such as running a minimum number of racing dates at Laurel and Pimlico?

            I also emailed the same question to the Attorney General’s Office.

 February 3

  • My Key Issues:

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