Legislative Updates

  • Field Notes Week 6
  • Observations and Reflections on Legislative Activities
  • By Delegate Mike McDermott
Feb. 18th, 2012

Field Notes

Observations and Reflections on Legislative Activities

By Delegate Mike McDermott

Week 6 February 13-17, 2012
Lincoln Day Speech, Monday Session
I was honored to be chosen by our leadership to give the Lincoln Day Address to the House of Delegates. There were several special guests in the House that night including my wife, Laura, and also the governor of Iowa, Terry Branstad. I spoke on the re-adoption of the principles of the Declaration of Independence as the motivation behind the Lincoln presidency. The speech lasted 12-minutes and I enjoyed the opportunity to share with my colleagues the time honored challenges of securing freedom for the coming generations, and for the world.

Judiciary Hearings Tuesday, Feb.14
HB-199 Would modify the current makeup of the Judicial panels conducting Sentencing Reviews by setting the panel number at three. We heard from several judges who have been working with the committee to update current law in order to streamline the review process.
HB-235 Would allow for records of non-violent crimes to be shielded after 10-years from public view yet remain available for criminal justice agencies (need to know). This may have merit but  needs to be amended to insure that the 10-year time span begins following completed service of the original sentence. There was some opposition from Social Services, Nursing Board and various groups who need criminal history to protect their clients.
HB-237 Would require a court to provide people convicted with instructions on the process of expungment of records. It appears that this is already required by the law. There were other flaws pointed out by the State’s Attorney Association.
HB-398 Would expand the Wiretapping statute to include Theft Scheme as a crime to be included on the list of enumerated crimes allowing law enforcement to conduct this type of surveillance. This was requested by several states attorneys who have found it complicated to develop cases against major theft operations involving millions of dollars due to the limitations of the current statute.
HB-411 Would keep the Post Conviction Review by use of DNA evidence in place. It is due to sunset this year. This would allow the reviews to continue.This act has led to some innocent person to be released from prison based upon DNA review.
HB-251 Would allow Ocean City to conduct criminal background checks on taxi cab applicants. This is already allowed in many jurisdictions across the state. There was no opposition.
HB-349 This bill would extend the statute of limitations on misdemeanor Child Pornography charges.  Law enforcement can run into time crunches trying to secure digital evidence in these cases. The addition of two years would make sense in these types of cases.
HB-351 Would include the crime of Burglary as a factor in determining if  a sexual contact offense should be considered as being in the third degree. Currently, this type of contact within the context of a burglary would only be a fourth degree act.
HB-188 Seeks to create a law dealing with possession of synthetic cannabinoids. Worcester County recently took this action locally. This bill seeks to ban the synthetics statewide. Proponents stated that “K-2” or “Spice” is a gateway drug and can cause seizures and other reactions. One chief witness claimed that death has also been a result. The testimony indicated that the substances are already banned in 40-states. Many of the synthetics have already been listed as Schedule One drugs by the federal government making them illegal.
HB-338 Seeks pre trial release restrictions to eliminate Unsecured Bonds for any serious crimes. These are bonds where a person simply signs an assurance that they will appear for court or face forfeiture of a certain cash amount. Their only security is their signature.

Judiciary/HGO Joint Voting SessionTuesday
A joint voting session was conducted on Tuesday with the Judiciary and the Health and government Operations Committees meeting in the House Judiciary Meeting Room to address HB-438, the Same Sex marriage Bill. Several amendments were brought forward and debated. There was great reluctance to allow any changes to the bill on the part of the democrats. here are the amendments which were offered:
1-Would allow public school teachers the ability to opt out of teaching materials relating to sex education or non-traditional families if it were to be opposed to their values or religious teachings. This amendment was defeated following debate.
2. Would allow parents the opportunity to determine what portions of a sex education curriculum that their students will participate in at school. As opposed to opting out of the education, this would require parents to opt into the instruction. This amendment was defeated following debate.
3. Would prohibit a minor from marrying another individual of the same sex. It was fascinating to see all of the democrats agree that it would be alright for a 16 year old boy to marry a 48 year old man...incredible! Even this amendment, reasonable as it is, was defeated.
4. Would allow the effective date to be pushed back by several months to allow for a public referendum to be mounted. There was much debate on the process and whether the rights of the people would be protected should the Attorney General not certify the petition process.There is a lot of concern that shenanigans would follow this process and the people would have their Constitutional rights abridged. This amendment was also defeated on a very close vote.
5. Would protect the definition of marriage and create Civil Unions for same sex couples.It would give all the rights of married individuals to same sex couples, but it would not redefine marriage as being between a man and a woman. I consider this amendment a great compromise that bridges the gap. This was also defeated by the democrats.

Following the amendments, there were closing statements on HB-438 itself. Having made the final arguments, and lamenting that the people were not being allowed to vote for themselves. Several delegates raised concerns on many aspects of the bill, but in the end, both committees voted largely along party lines with a few democrats voting against the bill.  The bill was passed onto the floor by a vote of 25-18.

Judiciary Hearings Wednesday
HB-265 Would create a task force to study the implementation of a civil right to counsel in Maryland. This request was being put forward by members of the judiciary and civil rights advocates. While this is just a study request, no doubt the implementation of expanded rights to counsel would come with a huge price tag for Marylanders.
HB-557 Would provide certain protections to the estates of deceased persons whose names (famous personalities) may be used unscrupulously by persons for profit. This bill would provide protections that would not dissuade famous people from feeling like they needed to leave Maryland in order to protect their estate interests after they died. There was some debate over trade mark issues already in play and available.
HB-353 Would require employers to make allowances for workers who must serve on jury duty from being required to work on the same day they have jury duty.  It particularly seeks to protect  employees who must work a night shift. Testimony would indicate that this is not a major problem, but we did here from an employee who had trouble with an employer when she was summoned for jury duty and was required to serve.
HB-318 Would alter the eligibility threshold for “small” estates. This allows for a streamlined process for estates of limited amounts. This bill would raise the threshold amounts to $50,000 and $100,000 respectively when dealing with these estates. The amounts have not been adjusted for many years and this would raise the amounts to a level commensurate with inflation and values. This makes sense and would help folks dealing with these small estates.
HB-527 Addresses amounts in bankruptcy cases which would add $2000.00 in exemptions of firearms which can be shielded from normal bankruptcy proceedings. This would help protect heritage firearms from being sold off as part of a bankruptcy settlement.
HB-524  This bill would allow sheriff’s deputies who are members of the bar in Maryland to practice law in Maryland.

Judiciary Hearings Conducted Thursday
HB-598 Would allow for Arrest Warrants to be issued for Juveniles. Currently, juveniles are often picked up by police and then Juvenile Justice is contacted. This bill would allow for a Juvenile Court Judge to issue a warrant for the arrest of a juvenile who is wanted by police.There was some question as to whether or not this right of the judiciary already exists.
HB-496 Would place criminal penalties against professionals who fail to report child abuse in accordance with proper procedures. The requirement is already in the law, but up till now, there is no fine or sentence attached to this statute. This bill is one of many that have been filed this year (including one of my own) and the primary difference may be found in the fines and sentencing applications.
HB-614 Would require the Department of Juvenile Services to provide address and other pertinent contact information to the victims of certain criminal acts so they can better protect themselves and their safety compromised.This bill would allow the release of juvenile information as to where a perpetrator lives, works, goes to school, etc.
HB-484 Would require a person found guilty of Animal Cruelty to pay the costs associated with the care and medical treatment of the animal. There are a few of these bills being circulated this year.
HB-420 Would continue a pilot program ongoing in Washington County which requires certain individuals to be monitored by GPS Tracking devices.

Friday Session
Friday was a blur of activity culminating in a historic vote on Gay marriage. The machinations to bring this vote about, the creation of “magic” Legislative Days which allowed this to occur, and the back room dealings I will attempt to address in a follow up response to this weeks release. The final vote count was close as the democrats, with the help of two flipped republicans, put up the minimum “71” votes needed to pass HB-438. Much more to follow on this bill.
The Same Sex marriage bill now moves on to the Senate whee it is expected to pass with few obstacles.

 





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  • Press Release on Same Sex Marriage Vote in Joint Committee
  • Observations and Reflections on Legislative Activities
  • By Delegate Mike McDermott
Feb. 14th, 2012

Delegate Michael A. McDermott
Same Sex Marriage Bill Clears Joint Committee Hearings
Press Release
02-14-2012

The O’Malley-Brown Gay Marriage Bill was voted on in a combined House Judiciary and Health/Government Operations Committee meeting. Several attempts were made to amend the bill and a lot of behind the scenes arm twisting has going on up until the final minutes before the committee convened. All of the Democratic leadership from the House was in the room to keep the pressure on members.

The following amendments were offered:
1-Would allow public school teachers the ability to opt out of teaching materials relating to sex education or non-traditional families if it were to be opposed to their values or religious teachings. This amendment was defeated following debate.
2. Would allow parents the opportunity to determine what portions of a sex education curriculum that their students will participate in at school. As opposed to opting out of the education, this would require parents to opt into the instruction. This amendment was defeated following debate.
3. Would prohibit a minor from marrying another individual of the same sex. It was fascinating to see all of the democrats agree that it would be alright for a 16 year old boy to marry a 48 year old man...incredible! Even this amendment, reasonable as it is, was defeated.
4. Would allow the effective date to be pushed back by several months to allow for a public referendum to be mounted. There was much debate on the process and whether the rights of the people would be protected should the Attorney General not certify the petition process.There is a lot of concern that shenanigans would follow this process and the people would have their Constitutional rights abridged. This amendment was also defeated on a very close vote.
5. Would protect the definition of marriage and create Civil Unions for same sex couples.It would give all the rights of married individuals to same sex couples, but it would not redefine marriage as being between a man and a woman. I consider this amendment a great compromise that bridges the gap. This was also defeated by the democrats.

Following the amendments, there were closing statements on HB-438 itself. Having made the final arguments, and lamenting that the people were not being allowed to vote for themselves.Several delegates raised concerns on many aspects of the bill, but in the end, both committees voted largely along party lines with a few democrats voting against the bill. The bill was passed onto the floor by a vote of 25-18.

 





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  • Lincoln Day Speech delivered to the House of Delegates 2-13-12
  • Observations and Reflections on Legislative Activities
  • By Delegate Mike McDermott
Feb. 14th, 2012

Lincoln Day Speech:

to the Maryland House of Delegates February 13, 2012

by Delegate Michael A. McDermott


Motive is an interesting thing. I have questioned the motives of people for decades, as, no doubt, have you as well. As an investigator, I can tell you that finding the motive for a crime is a critical element in solving it.

On a ball field, it is easy to spot the team that lacks motivation. The best coaches are those who can keep their team upbeat and pressing toward the goal.

On a battlefield, it is the leadership which refuses to surrender, finds a way to win, and leads from the front.

We admire it in an individual, we struggle to maintain it in ourselves, and we will die without it…motivation.

If we want to be a successful leader, we look to those who, having been tried in a crucible, came out to victory on the other side. And, having found them, we must uncover their motive, less we be guilty of merely mimicking their actions.

Perhaps no president has been studied as much as Abraham Lincoln and we could easily find ourselves occupied by his actions without searching out his motives…but we would do this great man a disservice and would hinder ourselves in our quest.

No doubt, a couple of things jump right to the front when we consider his motivation. For starters, how about saving the union? We could easily make that argument. Yet, saving the union was only relative to the preservation of that which was greater.

We could make a case that the emancipation of those held in bondage would provide all the motivation necessary to propel a man to cast aside every burden and press on to the goal which lies before him. Yet, even this noblest of causes does not reach the depth of Lincoln’s motivation.


 It was a speech in Peoria where he challenged his listeners by saying:
“Let us re-adopt the Declaration of Independence, and with it, the practices, and policy, which harmonize with it. Let north and south -- let all Americans -- let all lovers of liberty everywhere -- join in the great and good work. If we do this, we shall not only have saved the Union; but we shall have so saved it, as to make, and to keep it, forever worthy of the saving. We shall have so saved it, that the succeeding millions of free happy people, the world over, shall rise up, and call us blessed, to the latest generations.”

That speech was given six years before this country would plunge itself into a great civil war. It was a clarion call to embrace that which we had walked away from. The Founders had made solemn declarations about us as a people. We had claimed a God given right to freedom as opposed to the charity of a government or a king. We had stated clearly, “that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.”…and yet we allowed one citizen the right to enslave another. We were not walking in the truth we had proclaimed. By the sixteenth presidential administration, it had finally caught up to us.

The harmony which Lincoln sought…that place where practice and policy would merge so that all could enjoy the fruits of liberty, was not fully discovered in the Constitution…yet the foundation for it is laid out plainly in our Declaration of Independence.

Lincoln saw clearly that the United States was liberty’s hope. If the world would know freedom, its lamp could not be extinguished in America. If his country was broken asunder…if some of her sons and daughters remained in bondage…liberty would not continue and the promise that was independence would be consigned to that forgotten shelf of history.

Lincoln new that life, liberty, and the pursuit of happiness were unalienable rights given by God and not granted by a government…and for the government to impose itself on that which was granted by God could only produce sorrows and shame. 

If Life and Liberty were a gift of God’s grace, Lincoln wisely concluded that they were not merely to be experienced on our shores, but they belonged to the world as well. If they died here, there was no telling if the opportunity for men and women to know freedom would ever arise again.

Lincoln’s motivation was not simply to save or to set free, but rather to restore. It was in restoration of liberties principles that salvation and freedom would be found. And not simply found and preserved for future generations of Americans…it was to be for the world.

Even as our own countrymen struggled with freedom for all peoples, never the less, the foundation stood firm. Lincoln took us back to our beginnings that we might right the wrongs and provide a hope and a future to ourselves and our posterity.

Some may find it interesting and some may view it as prophetic the words of a speech given by Lincoln on September 11th, 1858 in Edwardsville, Illinois

What constitutes the bulwark of our own liberty and independence? It is not our frowning battlements, our bristling sea coasts, the guns of our war steamers, or the strength of our gallant and disciplined army. These are not our reliance against a resumption of tyranny in our fair land. All of them may be turned against our liberties, without making us stronger or weaker for the struggle. Our reliance is in the love of liberty which God has planted in our bosoms. Our defense is in the preservation of the spirit which prizes liberty as the heritage of all men, in all lands, every where. Destroy this spirit, and you have planted the seeds of despotism around your own doors.

It is our love of liberty that makes us a peculiar people. It was this love that was secured by our founders when they pledged their lives, their treasure, and their sacred honor. The price has not cheapened over time although the love of liberty is often hidden from a people who take it for granted.

Are we nobly defending liberty in this place or is it our own ambitions and affections? With every law we pass, with every word we speak in these halls we are building up or we are tearing down the principles that guard our freedom.

Our country was never intended to become merely a fortress where liberty could find a voice. We  were never intended to simply provide safe haven for the oppressed peoples of the world. We were crafted as an instrument of change for the world…we are the example so that others might see. Lincoln ran to the battle with this in mind.

Consider for a moment that icon of liberty erected in New York’s harbor. Many have described the Statue of Liberty as guarding the gateway to freedom…that her presence bids the people of the world to come to our shores as she lights the way, but the artist had something far greater in mind.

The statues name in French is La Liberté éclairant le monde which translated m eans “Liberty Enlightening the World”. At her feet lies a broken chain and she is not standing in place, she is striding forward, away from our shores and moving out into the world. She is the vision that Abraham Lincoln had of America...the same vision shared by the founders and the signers of the Declaration of Independence.


It is a vision that may be lost on those who have confused power for liberty and money as the means of freedom. We are under attack by those who do not comprehend the essence of our spirit. It was seen on December 8th, 1941 and on September 12th, 2001 when flags fluttered from our homes and we stood together to reaffirm and readopt those principles that find fertile ground in our hearts.

On Abraham Lincoln's inaugural journey to Washington in February of 1861, he stopped in Philadelphia at the site where the Declaration of Independence had been signed and made a few remarks.

I am filled with deep emotion at finding myself standing here, in this place, where were collected together the wisdom, the patriotism, the devotion to principle, from which sprang the institutions under which we live. You have kindly suggested to me that in my hands is the task of restoring peace to the present distracted condition of the country. I can say in return, Sir, that all the political sentiments I entertain have been drawn, so far as I have been able to draw them, from the sentiments which originated and were given to the world from this hall. I have never had a feeling politically that did not spring from the sentiments embodied in the Declaration of Independence. I have often pondered over the dangers which were incurred by the men who assembled here, and framed and adopted that Declaration of Independence. I have pondered over the toils that were endured by the officers and soldiers of the army who achieved that Independence. I have often inquired of myself, what great principle or idea it was that kept this Confederacy so long together. It was not the mere matter of the separation of the Colonies from the motherland; but that sentiment in the Declaration of Independence which gave liberty, not alone to the people of this country, but, I hope, to the world, for all future time. It was that which gave promise that in due time the weight would be lifted from the shoulders of all men. This is a sentiment embodied in the Declaration of Independence. Now, my friends, can this country be saved upon that basis? If it can, I will consider myself one of the happiest men in the world, if I can help to save it. If it cannot be saved upon that principle, it will be truly awful. But if this country cannot be saved without giving up that principle, I was about to say I would rather be assassinated on this spot than surrender it.
 

Abraham Lincoln did not surrender the principles of liberty. He laid hold of them for future generations and preserved a heritage and hope for the entire world. That which stood up at Lexington and Concord...that which knelt humbly before God at Valley Forge...it stood at Antietam, Gettysburg, and Shiloh...it crawled through the Argonne Forest...it swam ashore from Pearl Harbor...it waded ashore at Normandy...it has been a hand extended to our friends and one brandishing a sword against tyrants...it is that same unquenchable spirit that dwells in me and you...and while we, as a family, can argue and be angry with one another from time to time...we are, in the end, family...bound together by cords of liberty, paid for with the blood of patriots,  past...present...and future.

Let us encourage one another with these words and let us maintain these principles and be sure to teach them to our children’s children... that government of the people, by the people, and for the people will never perish from this earth.

May God bless this General Assembly and the Great State of Maryland.

 

 





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  • Field Notes
  • Observations and Reflections on Legislative Activities
  • By Delegate Mike McDermott
Feb. 12th, 2012

Field Notes

Observations and Reflections on Legislative Activities

By Delegate Mike McDermott

Week 5 February 10, 2012

Judiciary Bill Hearings, Wednesday:
HB-252: Veteran Courts
We reviewed a bill which would create a task force on military service members and veterans having access to a special “Veteran’s” court which would be very similar to the Drug Courts now in existence which offer alternatives and diversions for those who submit to be subjected to the special actions taken by these courts. The idea has merit in that veterans often experience problems resulting from issues which are specific to their jobs and exposure during combat service. Drug Courts have proven successful when used in Maryland and this may also have merit. This bill merely seeks to study the issue.
HB-337 Courtroom Discovery
This bill would provide greater discovery of information for a creditor seeking to collect on a judgment previously rendered by the court. Some of the information often needed to contact for the purposes of collecting a judgment is currently not available through trial discovery.

Judiciary Voting Session, Thursday
The following bills were voted on favorably by the committee and sent to the House:
HB-92 Domestic violence shielding from public web site
HB-111 Specifies a time period on a rental car return where one cannot be charged with theft of a motor vehicle for failure to return the vehicle.
HB-115 Would increase from $500 to $1000 the amount on a theft charge whereby a law enforcement officer may perform a warrantless arrest of the individual.
HB-117 Would simply change the reporting deadline for an annual report of the State Commission on Criminal Sentencing Policy.
HB-187 This bill would allow for the expungement  of certain records for deceased persons when the charges were pending and had not gone to trial or otherwise been adjudicated.

Judiciary Hearings, Thursday
Caylee’s Law” HB-18/20/122: We heard testimony on several bills which seek to address cases where a child may not be reported missing by the parents, guardians, or caretakers in a timely manner. These are in response to the case involving the disappearance and homicide of Caylee Anthony in Florida. These bills would place time constraints and requirements for various incidents involving missing juveniles and make it a crime to fail to report such a disappearance. Most aspects of these bills are covered by existing law, but it may be wise to address some aspects of reporting which are not covered.

Dog Bills
HB-278 seeks to require owners of dogs which have been classified as “Dangerous” to be registered as “at-risk” owners by a local government authority. It would also require them to pay a registration fee. It seems the focus of the bill is to place responsibility on the owners rather than to focus on the dog. It would place other restrictions on folks who are classified as “at-risk” owners by the state.
HB-336 Would allow the court require someone convicted of Animal Abuse to be required to pay for the treatment of the animal that was abused. You would think this would already be in the law, but it is not on the books. I think this should be corrected as we heard testimony which reflected great cost associated with the care of these abused animals being absorbed by the state and private individuals.
HB-294/397/400 There were several bills addressing various aspects of Child Support. One attempts to address a fix for a formula on determining the amount of support which must be paid when multiple children are involved. One would provide for support payments for child care when the guardian of the child receiving support must return to school in order to advance or gain employment. Perhaps the most significant of the bills is 397 which would expand the act of criminal non-support and make it easier to go after dead beat parents who refuse to pay their child support when they have the means to do so.

Introduction of Bills in House:
I filed the following bills this week which were on First Reader in the House:
HB-984 Enhanced penalties for DWI on Controlled Dangerous Substances
HB-999 Creating penalties for failure to report Child Abuse
HB-1032 Providing protections for farmers and others involved in Agro-Tourism industry.

Eastern Shore Delegation Meeting:
The agenda was light for the meeting. We met with Linda Prochaska, a Special Assistant to Senator Barbara Mikulski’s office on the Eastern Shore. She reviewed some of the areas of assistance that the senator’s office provides in concert with our local legislative services on the shore.

Secretary Joshua M. Sharfstein of the Department of Health and Mental Hygiene came before the delegation and spoke in general about some of the activities of his agency. He was asked about telemedicine (a greater use of conferencing with doctors and other specialists electronically) on the shore and explained how this issue was moving forward successfully. He also addressed the issues of funding in the budget as it relates to prevention services. He disagreed that funding was shifted in the governor’s budget, but I have spoken with various family services which are taking a significant hit.

We heard from the Healthy Families Eastern Shore group (Dir. Shelly Edwards, Dir. Mike Clark, and Dir. Dawn Shur) who are dealing with budget issues which will put many program areas at risk this year that have proven successful. As is often the case with the budget axe, prevention is often the first striking point while treatment is the last.

Combined Hearing of Judiciary and Health/Government Operations Committees:
HB-474/728 Maryland Marriage Protection Act (Defense of Marriage)
HB-438 Civil Marriage Protection Act (Same Sex Marriage)
HB-1239 Straw Ballot on Definition of Marriage
A joint committee hearing was held on the above bills. Hundreds appeared to testify for and against these bills. I will say I was struck by the notion that the burden to change the law falls upon those who do not accept the definition of marriage in Maryland as being between one man and one woman.  The burden in the legislature seems to be upon those who simply want the definition to stay the way it has been since Maryland came into existence. Testimony began with Governor O’Malley as the lead off speaker in support of the same sex marriage bill.  I did ask the Governor why we simply did not put this issue before all of the voters as a referendum on the ballot…particularly when we thought enough about gambling to put that on the ballot for the people to decide. The governor was reluctant to do so as he seems afraid of what the people may say if given the chance.
 

 

 





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  • Field Notes
  • Observations and Reflections on Legislative Activities
  • By Delegate Mike McDermott
Feb. 4th, 2012

Field Notes

Observations and Reflections on Legislative Activities

By Delegate Mike McDermott

Week 4 January 30-February 3, 2012

Judiciary Hearings
Flash Mob
On Tuesday, the committee received testimony on several bills. HB-4 seeks to address the recent problems of Flash Mobs by allowing the total amount of goods stolen by the group to be used in determining whether or not the crime is a felony or misdemeanor for all of the individuals involved. We observed a store video of a recent mob event in Montgomery County.There were some concerns about the severity of the sentencing guidelines. To me, the act resembles a robbery more than a theft. They are being driven by the use of various social media outlets and we should be more than a little concerned.

Background Checks
A Wicomico Delegation bill (HB-63) was reviewed. It would simply authorize Criminal History checks to be performed by Wicomico County for potential employees. The records are confidential and cannot be disseminated. It would also require guidelines be in place by the county government which address the authorized provisions in the bill.

Bison
It seems under current law that buffalo must be provided certain protections from the weather which are required for other domestic stock. HB-80 seeks to modify this requirement as it would seem the current law was crafted without bison in mind.

Public Defender Act
This may be the biggest issue we address this year based upon the potential impact it could have on the criminal justice system. A recent decision by the MD Court of Appeals ruled that defendants have a right to representation even before a District Court Commissioner. Cost estimates to implement this change range from $28 million to over $100 million. It would impact the state budget and would require county budgets to provide additional money for the States Attorneys Office for their representatives as well.

HB-112 seeks to correct the Public Defender Act by specifically removing the need for an appearance by the Public Defender at the Commissioner level while affirming the need to have this representation at the Bond Review in the District Court. This was the second hearing on this bill and it lasted for over 6-hours. The change is slated to take affect within the next few days. This bill is classified as an Emergency Bill so it can be fast tracked and signed by the governor upon passage.

For over 40 years the Maryland system of Commissioner review followed by a Bond Review by a judge the next day has served us well. The Commissioner screening results in the release of about 65% of those arrested on Personal Recognizance or Unsecured Bonds and those folks never see the inside of the county jail. The next morning, a Bond Review by the District Court Judge insures that defendants have the opportunity to argue why they should be released if the commissioner determined they should have a bond. Involving defense attorneys and States Attorneys at the Commissioner level will change the nature of these hearings and add longer wait times. This will mean keeping police tied up with prisoners for extended periods. The bill seeks to answer the problem and could save the state and county governments tens of millions of dollars if passed.

Misdemeanors on Citation
Another of my bills to be heard was HB-119 which would expand the ability of police officers to charge people who have committed minor offenses on a citation instead of arresting them and taking them before the District Court Commissioner process. This would save a lot of money and would keep our limited police resources on the street and available for the more serious crimes. Many states have adopted this practice as a practical matter. There was some resistance from the State’s Attorneys Association as they wanted further limits on the crimes which could be charged on citation. This bill would not allow any crime of violence or domestic assault to be charged via citation. It looks favorable that HB-119 will have a vote and move to the House for consideration.

Judiciary Committee Votes:
The first voting session took place on Thursday with the following bills moved to the whole House for a vote:
HB-4 Requiring Orphan’s Court Judges in Baltimore County to be attorneys.
HB-63 Local Delegation Bill allowing Wicomico County the ability to access criminal history information for the purpose of job screening.

Discussions continued in work sessions regarding HB-112 and the Public Defender Act modifications. There has been general agreement that requiring the Public Defender to appear at Bond Reviews before the judge should be required, but not before a District Court Commissioner. I expect a vote on this bill on Tuesday next week.

Eastern Shore Delegate Meeting
We met with the Secretary of Agriculture, Buddy Hance, on Friday morning and discussed his departments legislative agenda and our concerns over much of the regulations being heaped upon our farming communities. After listening to the Secretary for a few minutes discussing the new or proposed regulations, I thought I was in a meeting with the Secretary of the Environment. It would appear to me that the department of Agriculture has succumbed to being an apologist for the governor’s office instead of being a  advocate to the governor for the farmers (as we have always had in the past). The Secretary was questioned about his support of Plan Maryland particularly when it came to the land development rights of the farmers. He indicated that the state needed to “preserve” farmland, but not compensate owners over development rights denied through regulations. There were no administrative policies that the Secretary opposed.

Delmarva Poultry Industry (DPI) was on deck and followed Secretary Hance. They spoke of the economic impact of poultry in the region and also the escalating regulations on the industry. I thought the most interesting comment was made by DPI President Andrew McLain when he indicated that farmers use to have plans drafted to address improving agronomics of a farming operation, but now the plans are drawn up to satisfy regulations and mandates by the government. Those two goals can often find themselves in a state of conflict.  An industry that is not profitable will cease to be an industry for very long. It is clear that in Maryland, we have arrived at a point of diminishing returns on poultry operations. If this does not change, our economy will suffer irreparable damage.

One effort to bring awareness was the first annual Delmarva Chicken Day at the capitol. The luncheon event was well attended and provided a great chance for industry advocates and shore legislators to talk to others about the economic impact of poultry in Maryland.  It was very well received and will be built on for next year.

The last presentation was made by the nine shore counties various departments of Tourism. All of the directors indicated a strong need to maintain funding levels for tourism promotion in the budget. They provided reports on economic impacts at the local level which showed a very impressive return on state investment of tax dollars.  As part of the presentation, each county displayed some artifact or item representative of tourism in their area. It is always a pleasure to see folks displaying a great sense of pride for their represented areas and how each area offers a unique experience to their visitors.

Good Government Work Group
I have been appointed to lead other House Republican Caucus members in developing a legislative strategy to address transparency issues and the promotion of Good Government (G- Squared)  practices. We will be scheduling several press conferences in the coming weeks to highlight these efforts and to contrast them with many bad government bills or policies supported by the administration. The first effort will take aim at auditing practices and a bill I will be introducing  which will require independent audits of all state agencies every two years with the cost borne through the commission paid to the auditors based upon the potential savings realized by the state.

 

 





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  • The Governor Who Broke the Camel's Back...reflections on the State of the State Speech
  • Observations and Reflections on Legislative Activities
  • By Delegate Mike McDermott
Feb. 2nd, 2012

The Governor Who Broke the Camel’s Back

Thoughts on the State of the State

By Delegate Mike McDermott


Every beast of burden has a limit where the proverbial “last straw” brings an end to any future.  In his State of the State Address, Governor O’Malley seemed intent on finding out exactly where that end may be with Maryland families and businesses.

The speech contained nothing new.  Within the first few minutes, the governor blamed former President Bush for Maryland’s current problems.  Perhaps it would have been best if the governor had ended on that note, but he proceeded to tell us how he was going to “strengthen Maryland families and small business” by increasing a multitude of their taxes.

The Governor does not understand the negative impact his gas and income tax hikes  will have on Maryland families.  Although he aligns himself with the “common man,” he recently could not identify the average price of gas, bread, or milk in Maryland, because his staff shops for him. (WJZ - Vic Carter interview with Gov. O’Malley on 1/31/12).  This could be part of the problem.

If O’Malley gets his way, Maryland’s gas tax will rise to 58.9 cents per gallon, making it the fifth highest in the nation. (Baltimore Sun, “MD Could get 5th Highest Gas Tax Under O’Malley Plan” by Jay Hancock.) This is not exactly the direction to move in if we want to protect our struggling families and make our state competitive and business friendly.  In fact, rural Marylanders will bear the brunt of the tax increase, since they consume more fuel than their urban counterparts.  Likewise, every item we ship or receive on the Shore will have this cost passed on to us as consumers, robbing families of what remains of their discretionary funds.

Perhaps the saddest indictment for this current state of affairs is how these budget debts will be passed on to coming generations. The governor and the Democrat leaders like to call this “investing in the future,” but what responsible parent gives their child a credit card that is already maxed out?  In Maryland government, it has become a common practice for us to build playgrounds for our children that their children will pay for.  Maryland citizens already carry more personal debt than their neighbors in 47 other states  (Yahoo Finance July 26, 2011). This does not even include our student loan debt. We can pass the buck, but unfortunately our children won’t be able to.

The growth the governor seeks is in the public sector.  The jobs he seeks to preserve or expand reside with the government.  When jobs are already dwindling, every dollar spent in the public sector is just one more dollar pulled from the private sector.   We need our construction crews busy building homes, factories, and office space based upon the actual consumer need that expands the economy.  It is a flourishing private sector that generates the jobs that provide the taxes to support the infrastructure projects of which the governor is so fond. Our private sector must drive our recovery.  Small business and entrepreneurs must lead the charge. The governor can help by clearing obstacles.  He alluded to this in his speech, and I encourage him to do more in the years left in his term.

The governor is a big-government guy; government is his natural fall-back position.  If the private sector will not build his project, he is apt to have the state build it, regardless of the risk or cost. Off-shore wind finds itself in this camp. It is too risky to garner private support - or it would already have been done. We have seen this in Delaware just last month with the evaporating private sector support for these projects. Yet the governor is attempting to go against the winds of a common-sense market place by advancing the idea that the tax payers and rate payers of Maryland should hamstring their collective futures by agreeing to subsidize Big Wind. “Feeling good” can be the by-product of a good decision, but it can also be used as an excuse to do that which makes no practical sense.

This administration refuses to drill for vast natural gas deposits in Marcellus Shale, so we import our gas from Pennsylvania and pay more for the privilege. We boost their state’s economy at our own peril. That does not make any Maryland family “feel good” about their pocket book.  There are ongoing private ventures centered on land-based wind and solar energy. Both are funded by the private sector and profitable. Why are we not encouraging and expanding these successes?

The speech’s premise that private sector growth is driven by public sector expansion is a flawed approach that we have seen on even grander scales in the form of various federal stimulus programs in recent years.   We cannot expand the public sector without damaging the private, and we cannot spend our way out of our deficits. No matter how many times you say otherwise does not make it so.

 

 





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  • Field Notes January 23-27, 2012
  • Observations and Reflections on Legislative Activities
  • By Delegate Mike McDermott
Jan. 28th, 2012

Field Notes

Observations and Reflections on Legislative Activities

By Delegate Mike McDermott


Week 3 January 23-27, 2012
Judicial Electronic Filing
Briefings continue in every committee from various state agencies. The Judiciary Committee heard from Chief Judge Ben C. Clyburn on upgrades to the court records management system. Maryland has been in the process of moving to a relatively paperless system where records are updated and posted in real time. While the benefits are significant, the vendor costs are not a small thing. One of the focal points of the committee was the filing fees that the court intends to assess the attorneys for electronic actions taken by the court.
Budget Briefing
We received a budget briefing which I have touched on in previous press releases. In a nutshell, the overall budget grows by one billion dollars. We started with a 1.5 billion dollar deficit. Many of the revenue streams for the state have dried up. In particular the federal money on which we have become so dependant. There are significant proposals that would affect every family in Maryland if they are adopted. They include:

  • Income tax deduction changes (mortgage and charitable donations)
  • Fee increases (such as doubling of vehicle registration)
  • College tuition increases
  • Sales Tax applied to Internet purchases
  • Sales Tax applied to phone applications
  • Applying the Sales Tax to many items that, to date, have been exempt.


These would be on top of the tax and fee increases already being proposed such as :

  • a 15 cent (66% increase) rise in our gasoline tax
  • a 100 to 200% increase in the “Flush” tax
  • Rate and fee charges for Wind Energy proposals


Across the board, Marylanders will find themselves with fewer dollars in their pocket so the governor can have a few more in his. Even Pres. Obama does not think Marylanders making less than $250,000 should pay any additional taxes, yet our governor wants to lower that standard down to $100,000.

I urge you to call, email, write, and visit the General Assembly. It is easier for them to raise taxes than it is for them to say “no” to spending increases.

“We Are The 96%” Press Conference
On Wednesday, my freshman Republican colleagues and I conducted a press conference to highlight a Gonzales Poll which we commissioned to ask Marylanders how they felt about their current tax rates. 96% of us feel that we are being taxed enough. That number includes Democrats, Republicans, and Independents. Young and old, male and female, we all agree on the tax issue. The conference received a lot of press attention and raised the level of the debate with real facts and figures. It was picked up and broadcast extensively. Unfortunately, the shore rarely sends a crew to cover any of the business ongoing in Annapolis.

Public Defender Act Hearing
On Thursday the Judiciary Committee heard from many groups on the recent decision by the Court of Appeals in Maryland which would require the Public Defender to be present at Initial Appearances before a District Court Commissioners. This has not ever been the practice and it would cost the state anywhere from 30 to over 100 million to cover these 180,000 appearances and create facilities to accommodate the change. In response to this decision, I presented HB-112 as an Emergency Bill which would change the Public Defender Act so as not to require their presence at an Initial Appearance with a court commissioner. This has stirred many to action in the criminal justice community. I was happy to see Wicomico State’s Attorney Matt Maciarello and Somerset States Attorney Dan Powell attend the hearing and let the committee know the true cost to local government if we fail to take action. Another hearing on HB-112 will be conducted next Tuesday.

Eastern Shore Delegation Meeting
We met with Department of Natural Resources Secretary John Griffin who briefed the delegation on various DNR projects slated for funding in the governor’s proposed budget. The biggest items for our area included upgrades to the bathhouses on Assateague Island and a project to support the proposed new Ocean City Boat Ramp at 64th Street. These projects would represent several million dollars worth of improvements.

There was a passionate exchange between some delegation members and the Secretary over the use of tracking devices installed on commercial waterman's vessels last year. It seems several requests for information on this matter have received no response from the DNR. This was defended vigorously as an “ongoing” investigation although a year has passed. The Secretary stated he felt like he and his department were being “harassed” on this issue by certain members of the General Assembly (namely Sen. Colburn and Del. Smigiel). Little was resolved on this matter.

I inquired about the reductions in the Striped Bass Quota due to “anticipated theft” of the resource. I asked the Secretary to include any reductions in the original quota numbers so waterman can establish their budgets for the year without fear of reductions. It is absurd to reduce someones paycheck on the grounds that they “might” steal from you. Sen. Mathias had no problem with this premise, but most of the delegation was outraged by this approach. The purpose of having a citizen legislature is to provide direct oversight of these various government agencies and not simply take their word for any action they attempt to justify. It is called accountability and it can (as was the case on Friday), at times,be messy.

Upcoming Bills:
Next week I will provide a rundown on all of the bills I have sponsored or co-sponsored so far. They include bills to reduce or eliminate taxes, protecting private property rights, along with pieces of pro-gun legislation, and public safety bills.

Bond Bills:
For the second year, I have joined with most of my Republican colleagues in agreeing not to submit or vote for any bond bills which only serve to increase the debt for the future generations of Marylanders. Each one of these bills begins with the words, “Creation Of A State Debt...” for that is what they do. At a time when we walked in the door with a $1.5 Billion deficit, this is not the time to increase our debt, no matter how “worthy” one may think the proposal.

I have voted with the Republican Caucus to support giving any appropriated bond money available to local governments for replacement Highway User money. This would allow many road repairs and paving projects in our local area to be accomplished. I’m quite sure this notion will be summarily rejected by the democratic leadership, but we feel it is important to make these reasoned arguments.

It just does not make sense to go into debt to build a playground today for our kids that their kids will be taxed to pay for.

 

 





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  • Press Release: Public Defender Act...The 100 Million Dollar Option
  • Observations and Reflections on Legislative Activities
  • By Delegate Mike McDermott
Jan. 26th, 2012

 

DELEGATE MIKE MCDERMOTT: PRESS RELEASE

For Immediate Release

January. 26. 2012
Contact: Katlyn Schmitt (410-841-3431)

The DeWolfe Opinion: HB112’s Solution  


(ANNAPOLIS) - “HB112, Criminal Procedure - Public Defender- Representation” resolves many of the issues arising out of the recent Maryland Court of Appeals Opinion, DeWolfe v. Richmond and has the potential to save Maryland from costs that exceed $100 million.”  In DeWolfe v. Richmond, the court ruled that indigents had a statutory right to appointed counsel at the initial appearance stage of a case.  Essentially, this requires the Office of the Public Defender’s appearance at bail review hearings in front of the District Court Commissioners for all defendants.

“Right now, the Public Defender’s Office is unable to comply with the mandate arising out of Dewolfe.”  In 2011, there were over 176,000 bail hearings in Maryland.  The Public Defender’s office currently does not have the staff or economic backing to attend the projected amount of bail hearings for 2012.   Public Defenders’ have far exceeded caseload standards and are not prepared to attend bail hearings that occur 24 hours a day.   Some estimates show that the Public Defender’s budget of $83 million will need to be doubled to comply with the DeWolfe standards.  Moreover, the State’s Attorney will also need to comply with these standards for a fair trial, and their budgets could likely double as well.  

“HB112 allows for the Office of the Public Defender to focus on the critical stages of any case, where attention should be paid.  By requiring representation during these initial proceedings, the DeWolfe opinion further spreads out an office already spread thin--into an area where representation is unnecessary.”  In Maryland, District Court Commissioners released on Personal Recognizance half of those who had bail hearings last year.  Those not held on bail are scheduled to be heard by a judge in District Court within 24 hours -- where indigents will have representation from the Public Defender.  Moreover, there were less than a dozen  individuals last year who requested Private Counsel during their initial appearance hearing.  

The initial draft of HB112 did not require the presence of the Public Defender’s Office in the District and Circuit Courts of Maryland, but has recently been amended to require the Public Defender’s presence after the initial bail hearings before the District Court Commissioner.  HB112 is scheduled for a hearing in the Judiciary Committee on Tuesday, January 26th.

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  • Press Conference on Taxes
  • Observations and Reflections on Legislative Activities
  • By Delegate Mike McDermott
Jan. 26th, 2012

 

Press Conference on Taxes

 





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  • Press Release: Gonzales Poll on Taxes-96% say they pay enough
  • Observations and Reflections on Legislative Activities
  • By Delegate Mike McDermott
Jan. 26th, 2012

 

Press Release

For Immediate Release


Date: 01-25-2012

Today, Eastern Shore Delegate Mike McDermott joined with the Republican Freshman Class of the Maryland House of Delegates in releasing a recent Gonzales Poll.  The results show that an astonishing 96% of Marylanders believe they pay too much or the right amount of taxes, while only 4% feel they pay too little in taxes.

56% of Maryland Democrats and 80% of our state’s Republicans clearly stated they paid too much in taxes. Among male and female respondents, the numbers were very similar with 64% of men and 61% of the women polled stating they paid too much. Even in Baltimore City, one of the most liberal areas of the state, over 45% of those polled said they paid too much in taxes.

As the 2012 session rolls on, Maryland’s middle class families are on the governor’s chopping block. New limits on itemized deductions (mortgage/charity) as well as reduced personal exemptions will cost families thousands of dollars and turn many of our struggling households into crisis mode.

The O’Malley administration and the Democratic leadership in the General Assembly will pursue taxes on all internet sales. This even includes a tax on all downloaded applications for your Smart phones.

Even those seeking to shelter their investment portfolio in Gold will face a new Sales Tax on precious metal coins and bullion. Couple all of this with gasoline taxes rising 66%, and a 100% increase in the Flush Tax, it becomes clear that all Maryland families are squarely in the cross hairs of this budget.

 

 





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  • Field Notes Week 2, 2012
  • Observations and Reflections on Legislative Activities
  • By Delegate Mike McDermott
Jan. 20th, 2012

Field Notes

Observations and Reflections on Legislative Activities

By Delegate Mike McDermott


Week 2 January 16-20, 2012
Monday-Martin Luther King Jr. Day
It is a tradition in the House that on MLK Day the Black Caucus picks a member to deliver a speech honoring the fallen civil rights leader. This year the message was delivered by Del. Jay Walker of Prince Georges County. He is a former NFL player and used some analogies of football in his presentation referring to King as a “quarterback” in keeping a cool head when all around him was in turmoil. He focused on a struggle that he sees continuing to this day and his desire to see us move forward. His remarks were a good reminder of how far we have come as a country. Of course I like to remind folks that Martin Luther King Jr. was a Republican and it was his party that was the champion of civil rights he struggled to secure. Somehow, that message has been stolen.

Following the speech, we conducted a Second Reader for an Emergency Bill (SB-46)on behalf of Somerset County to address their redistricting (local districts) which was very time sensitive. The bill will be on Third Reader on Tuesday.

Tuesday:
Today I opened the morning session with prayer. This is an honor that members of the House sign up for at the beginning of session and for which I am a thankful participant.
Legislation:
SB-46: Approved by a vote of 135-1. This is the redistricting plan submitted by the local officials in Somerset County which addresses the new census numbers. The law will move to the Governor’s desk for signing so the upcoming elections can take place accordingly.
Judiciary Hearings:
We heard from various advocates regarding Eyewitness Testimony being utilized by police and prosecutors. A study was presented which seemed to indicate a wide discrepency as to the methods used by police in Maryland to present photo line ups or live line ups of suspects to victims of crimes. This has been prompted by several cases involving  eyewitness identification which were later turned over by DNA evidence. The testimony was compelling, but there was some questioning as to the best methods for addressing any potential problems. I believe this may be something better handled through training and the Maryland Police Training Commission along with the State’s Attorneys across Maryland. The advocates would like legislation along the lines which were drafted in North Carolina. They may be right, but it will be important to hear from more folks in the law enforcement community should a bill be filed. Anything we can do to keep innocent folks from being sent to prison should be looked into with diligence.

We reviewed three bills during the afternoon session of the committee:
HB-17: Seeks to increase the penalties for Elder Abuse from a maximum of 10 years to 20 years. It also would make it tougher for those charged with this crime to receive a pretrial release. Increasing the penalty to 15 years may be possible, but the pretrial release was not received well.

HB-25: Seeks to increase penalties for the Malicious Destruction of Property by graffiti. It would require people convicted to perform community service as a part of their sentence along with any fines imposed by the court. In the past, community service has always been an option the court has used, but this would make it mandatory. I kind of like the idea of these defacers of property to spend many days cleaning up their mess.

HB-34: Seeks to change the law concerning the release of mental patients who have been found Not Criminally Responsible (NCR). Under the current system, people deemed NCR by a trial court judge are placed under confinement in a state institution until they are deemed to no longer be a threat to society. Currently, the law provides for an annual review by an Administrative Judge, but the original trial court can only review the findings on appeal. We heard testimony of several individuals who have been released under this system who went out and committed murder. This bill seeks to provide an additional opportunity for the original trial court to conduct a hearing into the case to determine if someone should be released. Arguments were testy at times. I suppose this is to be expected when one side is referring to a homicidal maniac as a “client” and the other side views them as a “criminal”.  I suggested that perhaps the review could be applied to those who are institutionalized for having committed a homicide. I also requested some additional information from the state to better determine the number of persons that would fall into this category.

Wednesday
Judiciary Hearing on Collaborative Law
The committee heard testimony from several attorneys in support of establishing another method of addressing out of court settlements in Maryland. Collaborative law is similar to mediation. From a layman’s prospective, it seeks to allow more revelation at the negotiating table with the hopes of achieving greater success with the outcome. The idea is to do everything possible to come to an agreement together rather than the typical back and forth offered through traditional negotiations. The downside is the understanding that, should an agreement between the parties not be reached after much effort, the client cannot utilize their same attorney for additional court actions. This was seen as a significant draw back and it seemed apparent that this was going to be a sticking point for many of the members.

Thursday
Morning Session:
We received the Israeli Ambassador to the United States, Michael Oren, who gave a speech to the members. He implored us to stand strong on terrorism and he thanked Maryland for working with Israel for the purposes of economic development. The ambassador referred to a time in early Maryland statehood when Jewish people could not hold public office and how this law was changed by Thomas Kennedy, a member of the House of Delegates during the early 1800’s.

Judiciary Committee
We held bill hearings on the following:
HB-4: Seeks to change the qualifications of Baltimore County Judges of the Orphan’s Court and would require them to be members of the Maryland Bar. There are currently no non attorneys serving on the panel in Baltimore County. This will most likely be treated as a Delegation Bill if the Baltimore County Delegation agrees. There was testimony that the presence of attorneys-judges allows the processing of cases to move through the system much quicker than was previously done.

HB-39: Seeks to abolish some aspects of the immunity enjoyed by members of the General Assembly while they are engaged in debate or actions as a member.of the House or Senate. Testimony indicated that it is very difficult to prosecute cases against members who are accused of accepting bribes since their floor discussions and debates cannot be used against them in a court of law. There was much discussion on this issue. There was a fear that in lowering the fence of protection could make it difficult for members to act freely or even protect themselves from false accusations and a zealous prosecutor. While the debate was rigorous, it is clear we were left with more questions than answers and the hypothetical renderings carried the committee down many paths with no clarity.

HB-8: Seeks to modernize the Harassment statute which currently only covers electronic mail and does not cover other digital or electronic devices or methods of communication. As drafted, the bill extends coverage to all methods of electronic transmission. There were many questions as to the definition of “harassment” as it applied to this statute. There were also questions about the various methods that one can digitally eliminate the potential for someone to contact them for purposes of harassment. This statute addresses only the actual contact of an individual and not the broadcasting of information to others. It seems likely that this bill may pass out of committee , but there will probably be some amendments adopted to make it better.

Friday
Eastern Shore Delegation Meeting:
This was a busy meeting with too little time scheduled to address the many questions that we had for the folks who presented.
MD Department of the Environment-Secretary Robert Summers
Sec. Summers attempted to update us on many areas of his department’s involvement across the state and, in particular, the eastern shore. It is fair to say the focus was on the flush tax increases along with the transfers of cash from the Chesapeake Bay Trust Fund to accommodate the governor’s budget shortfalls. The fees are slated to increase by 100% for average users, but could rise significantly more for higher end users of water. Instead of $2.50 per month, residents will pay $5.00 per month. Those who use more water will see that rate potentially double. This will not bode well for industry and businesses on the shore. This base rate is also projected to rise to $7.50 over the next three (3) years. When questioned about the fund raid conducted on the Bay Trust Fund, Sec. Summers stated that the cash had been replaced with bonds. This is a clever way of saying “state debt”. So we traded cash on hand for debt. It was further pointed ouot that the Eastern Shore was receiving an inordinate amount of scrutiny from his department considering we are only responsible for 3% of the Bay polution levels coming from our septic systems.

I pointed out to the Secretary that farmers have met their goals concerning Watershed Implementation Plans while local governments where not even close to meeting their goals. In spite of this, farmers still get to take it on the chin with delayed permitting and confused oversight.

Thee were some questions regarding hydraulic fracking (extraction method of removing deep deposits of Natural Gas). He towed the party line by indicating nothing will be allowed for another three years while the myriad of reports are compiled.  I believe he thinks we can manage the program with our current regulations in place, but that is different than what the governor and the liberals in the General Assembly want to do. (Presently, Pennsylvania is experiencing a boom accounting for 50,000 jobs and lower energy costs for residents while Marylanders wait...and wait...).

Secretary Summers seems to be a good man, but right now he is a good traffic cop at a lousy intersection...not much he can do to make things better.

Susquehanna River Basin Commission
We met with Ex. Director Paul Swartz and his Deputy Thomas Beauduy of the SRBC. This commission is responsible for managing the Susquehanna River Basin to insure adequate flow and supplies of water are being achieved. They are also suppose to be in charge of providing oversight for quality of water issues. Our concerns centered on the Bay and the impact of the river as one of the principle pollutants. Thee concerns were clearly on flood management and water supplies with water quality coming in last on the list of concerns. They seem to have conceded that the lower river dams like the Conawingo accumulate huge sediment piles that are subsequently stored behind the dams until a large storm increases the need to release water. This  causes large slugs of sediment to enter the upper bay and coat everything with incredible silt deposits destroying fisheries. It was very clear that little is being done to address sediment deposits in the river throughout the basin from Pennsylvania to New York. All upgrades needed in the basin are being funded locally with limited progress. There’s no established fund (such as MD’s Flush Tax) to address the system wide failures on the river. I ventured that perhaps Maryland money would be better spent on the river rather than simply trying to play catch-up with all of the pollution delivered to the  bay through the river.

When asked about addressing this problem, the directors looked at each other and clearly stated that they feel they are making some progress, but funding issues  them from moving ahead. There is a lack of urgency seen from those on the river basin to clean up the Bay.So , as we do our best to clean up our pool, the next door neighbor pumps his septic  in through a hose, and we can’t reach the spigot. Yet, we will continue to pump money into this project to make ourselves “feel good” about what we have tried to accomplish. How about we suit Pennsylvania to get their act together? What a colossal waste!

Eastern Shore of Maryland Educational Consortium:
This group consists of all nine (9) School Superintendents from the Eastern Shore. They brought Dr, Memo Diriker (Salisbury University) with them to make the case that spending on public education creates a return of the invested tax dollars on a scale of 1.90 for every $1.00 spent. The formula and figures were complex, but it was difficult to argue the outcome. For my part, the superintendents looked weary. When asked about a possible transfer of Teacher Pension Liabilities to the counties, their spokesman, Dr. Jon Andes of Worcester County, indicated that this was a burden that would no doubt have a significant impact on local budgets. It was pointed out by Senator Pipkin that the system was suffering from the high salaries being paid out on the western shore while the benefits were being borne by the entire system , This amounts to the Eastern Shore paying  more than their share of the bill due each year.

Governor’s Proposed Budget:
I wrote an article earlier in the week titled  “The Castle Demands More” which provided a broad oversight of some of the governor’s proposed tax and fee increases along with his increase in spending. I will keep you posted as more of the budget gets fleshed out in the House.

Bills I introduced on Friday:
HB-112: This bill seeks to address a recent Court of Appeals ruling  that now requires a Public Defender to be present at an Initial Appearance before a District Court Commissioner. This has never been the case and it will cause significant budget issues for our office of the Public Defender as well as our Offices of our State’s Attorneys as they will also want to be present as well. I have been working with Wicomico State’s Attorney Matt Macearello and Worcester State’s Attorney Beau Oglesby in addressing these issues.

HB-119: This bill will allow law enforcement officer the option of issuing citations for all misdemeanor crimes ( except for crimes of violence). This would keep more cops on the streets for our more serious crimes instead of tying them up waiting for a District Court Commissioner. I have been working with various groups on this legislation for the past few months.





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  • The Castle Demands More!
  • O'Malley Budget Arrives in Annapolis
  • By Delegate Mike McDermott
Jan. 18th, 2012

The Castle Demands More!

by Delegate Mike McDermott


A large pile of books were delivered to my office today containing the Governor’s Budget for the coming year. It makes it crystal clear this governor is out of touch with anyone but the elites of Maryland. The ruling class running this state use to go after millionaires, call them names, raise their taxes, and watch as they moved their residency out of state. Having so successfully destroyed that revenue stream, now they turn to those making only 100,000.00 per year. Sounds like the O’Mallley plan is to expand the “1%” until it becomes the “30%”.

Here are a few low points of the O’Malley budget:

  • The governor claims $7.5 billion in cuts as he has done every year. The reality is a spending plan that increases 2013 spending just as in years past by a billion dollars.
  • The governor mentions $311 million in new tax revenue yet fails to mention the additional tax and fee increases such as the massive flush tax and 15 cent fuel tax. All these taxes will be tacked on to those already existing in the budget...known and unknown.
  • If you make $100,000 or more, you will see a phasing out of some important Personal Exemptions such as your mortgage deduction and charitable donations.
  • His budget continues the discredited practice of transferring dedicated funds from established trust funds to cover over spending in the rest of the budget.
  • This budget will seek to be funded on the backs of small business with phased out tax deductions and new expanded taxing regulations.
  • The governor has now defined the “rich” in Maryland as being those making $100,000 or more and they will likewise be taxed at  higher rates and experience significant limitations on personal and business deductions..
  • The budget would apply sales tax to all Internet purchases.
  • It increases the tax on smokeless tobacco products.
  • The budget calls for shifting the cost of teacher pensions to the counties who have no room in their budgets for these incredible costs.



The bottom line:
This budget grows government and insures that our private sector will continue to struggle. It expands the definition of “rich” to apply to 30% of our people and insures the middle class will continue to shrink. The disposable income of Marylanders will continue to evaporate, and our local service providers will experience the decline.  Deductions that have helped Maryland families keep more of their income at home will , instead, go to the O’Malley coffers. Counties will be forced into budget decisions that will, no doubt, pass on additional taxes to the people of Maryland. 

While Maryland struggles under the weight of an ever expanding debt, the governor lifts his eyes to Pennsylvania Avenue.

Not so fast guv...not so fast.

 





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  • Field Notes
  • Observations and Reflections on Legislative Activities
  • By Delegate Mike McDermott
Jan. 14th, 2012

Field Notes

Observations and Reflections on Legislative Activities

By Delegate Mike McDermott

 

Week 1 January 11-13, 2012
It Begins...
Opening day of session involves much pomp and circumstance coupled with historic traditions. The work of the day involves the election of presiding officers. These actions are all staged and predetermined by the Democratic Caucus. The first vote is for the Speaker Pro Tempore who then presides over the body until the election of the Speaker of the House is conducted. With this session, Michael Busch becomes the longest serving Speaker of the House in Maryland history.

All committee Chairmen are reappointed along with committee assignments formalized. No changes were seen this year over recent years. It is not unusual to have most of the congressional delegation present for the opening ceremony along with the Governor, Lt. Governor, and Comptroller. This year was no exception.

I found some of the comments made by the Governor and Speaker very interesting. Both mentioned how important it was to have the views “of the right and the left” expressed in the General Assembly and how we were made better by this diversity of thought and approach to government. On the heels of these fine sentiments came the Governor and Democrats Legislative Redistricting Map which seeks to destroy and eliminate many districts currently held by Republicans. They could not even get through the first stanza of “Kumbaya.’

Changes to the map are possible during the next 45 days but it seems more likely than not that many Republican lawmakers will have some decisions to make in the coming months. Del. Otto and I have seen our districts altered by well over half and now find ourselves together in a single member district. These are the actions of a ruling party that has little interest in hearing from those representing the values of the Eastern Shore.

Thursday
Judiciary Committee:
A hearing was conducted to review the use of phone contracts and collect call charges made by inmates in the prisons and jails throughout the state. In order to provide the specialized phones and recording services, the state and local jurisdictions contract with various companies to furnish all of the equipment needed along with billing services. It is a lucrative business whereby the state collects a profit/commission of roughly 42%. The companies themselves have a profit margin of approximately 5%. In some jurisdictions the profit is used for providing inmate services while in others it is simply placed in their general operating budget.

An advocate for reducing the cost to the inmates of making these types of calls questioned what she referred to as the “kickbacks” being received by corrections officials for providing these services. That term was a misnomer as she was actually referring to the negotiated commissions received by the state. It was pointed out that Maryland is among the lowest in terms of cost to the inmates for local calls. In fact, only Alaska came in lower due to their local calls being free. It was good to see that Maryland State government was competitive in something with surrounding states, even if it is the cost of inmate phone calls.

Friday
Eastern Shore Delegation Meeting:
Secretary of Planning
We met with Secretary of Planning Richard Hall to discuss  Plan Maryland. The plan  provides for increased state oversight of local planning and zoning land use issues. It seems clear from the discussion that the state can and will use state money as the lever to gain active compliance from resistant local governments. The Secretary skated around a lot of the issues that were addressed to him, predominately because the plan is so broad based, no one has any real notion how the implementation will affect local governments and Maryland citizens. The delegation expressed consternation with the plan not coming through the General Assembly and being back doored by the governor. The Secretary offered that the plan was authorized in 1974 and simply had not been acted upon until now.

I was particularly concerned over the private property rights which will be jeopardized by such a broad, centralized plan. It is clear that the governor wishes to expand state control over an additional 300,000 acres of farmland in the next 20-years. I asked if the administration would support a bill I am working with that would require the state to compensate land owners when they create laws and regulations that prohibit that same land owner from being able to develop or utilize their property as they may desire. Secretary Hall said they would take a look at the bill but could not express any support.

There was much concern expressed about the future of poultry on the shore if Plan Maryland continues to move forward with the adoption of additional rules and regulations that only serve to restrict farming activities or make them cost prohibitive. I mentioned that this type of system where rules and regulations are imposed on business create a de facto moratorium on any growth or development of an industry.

It was quite clear that we are at polar ends of the specter with the O’Malley administration when it comes to Plan Maryland, but the concerns expressed were bi-partisan in nature. Maryland has operated for decades with a State Department of Planning  that has worked to provide guidance to local government. This plan will turn that “guidance” into direct oversight. Yet another layer of government bureaucracy to overcome. We met with the governor as a delegation last year to express our concerns over his proposed septic bill (which went down to defeat). It seems the governor has decided that the General  Assembly is not needed when it creates a stumbling block for his programs. It was suggested that we meet with the governor again, but the governor appears to have dug his heels in on Plan Maryland.






 

 





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  • Commercial Striped Bass Quotas Cut 5%...
  • Observations and Reflections on Legislative Activities
  • By Delegate Mike McDermott
Jan. 4th, 2012

Commercial Striped Bass Quotas Cut 5%...

“presumed” stealing factored into NRP decision.

by Delegate Mike McDermott


The rebounding of the Striped Bass is a great success story. The fishery is healthy and robust at a time when news coming from the Bay has been a mixed bag. In an effort to “protect” the fishery, the Department of Natural Resources is going beyond what many would consider “reasonable” when it comes to quota enforcement.

Quotas for species are set prior to the beginning of a season and commercial watermen adjust their budgets accordingly (as any business owner would do). When the quota is reached, the fishery is closed. Only within the past few years has an illegal catch (poached) discovered by officials been counted as part of the total catch quota. This makes sense as it is the fishery that is being depleted and the resource should be protected and counted as part of the quota.

What is disturbing is the recent action taken by the DNR and Secretary Griffin to limit the quota to 95% of the original set catch amount. This was said to be done in response to the presumption that thievery and poaching is occurring, though it may not be detected. This anecdotal response by Sec. Griffin is not the scientific, thoughtful estimates that the General Assembly has come to rely upon and, as such, is troubling and offensive on many fronts.

The 5% reduction will cost our commercial watermen about $300,000.00 out of pocket in lost revenue. This is multiplied in our local economy to represent a loss of approximately $1 to $1.5 million when you factor in losses faced by the processing and support industries. This at a time when we need every dollar for jobs to be maintained on the shore.

Removing actual tonnage of fish taken illegally is not based on an assumption...it is actual, proven loss to the fishery. To claim a 5% presumed loss through theft by the commercial watermen and punish them based on that assumption is ludicrous. How would we accept it from our employer if they docked our pay 5% based on their assumption that some of their employees may be stealing from them? We would cry foul and demand those wages be restored!

The Watermen approached the Eastern Shore Delegation and requested our assistance. I crafted a letter and submitted it to the entire delegation for their concurrence and signature. Only a couple elected not to sign onto the letter. I spoke with Sec. Griffin and listened to his reasoning, but I found nothing scientific in the decision. I asked him to rescind the order and allow the original quota to be harvested or at least consider a modification to the 5% figure.

I have supported much of what Sec. Griffin has tried to accomplish, but it is prudent to demand that these decisions be based and supported by science and not anecdotal evidence to the contrary. I hope his decision will change, but if I were a  commercial waterman, I’d budget for the 95%.





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  • Freedom Lost: Many concerns over O'Malley's Plan for Maryland
  • Freedom Lost: Many concerns over O'Malley's Plan for Maryland
  • By Delegate Mike McDermott
Dec. 30th, 2011

Freedom Lost

Many concerns over O’Malley’s Plan for Maryland

By Delegate Mike McDermott


Once again, the O’Malley administration and its apologists have sown division in our state with another program, they claim, we cannot live without: Plan Maryland. Those who naively claim the plan does not remove local authority need to follow the money. If a local governing body gets out of step with the governor’s cadence, state money will serve as the whip of conformity.

There is nothing wrong with planning. In fact, communities are required to maintain Comprehensive Plans for growth and development in Maryland and the state has always provided guidance and support. They are reviewed periodically and updated by the folks who know and recognize the dreams, hopes, and desires of their affected community.

I get concerned when the state wants “more teeth” in planning laws and guidelines. That is code for “inflexibility” or the desire to make land use decisions that are etched in stone rather than drawn on paper. In America and a free Maryland, we use to value the private property rights of each other. In fact, we use to understand their importance to our foundational moorings. The idea that more governmental control and bureaucracy enhances or increases my freedom  would prove anathema to the ears of Presidents Washington, Adams, or Jefferson.

Who has the right to declare that your city or town can only grow to a certain line?  What if a crossroads decides to be something more? What if a farmer decides he wants to diversify and divide up his property? Where did our cities and towns come from in the first place? Why should these decisions fall to bureaucrats in Annapolis and Baltimore? Ironically, it was royalty who first directed their growth.

These matters would be tragic enough if they came through an elected General Assembly, but the governor is enacting them by Executive Order...he simply wills them to be so. These are not the actions of a representative government. Considering the overwhelming bi-partisan rejection of the O’Malley septic plan last session, its clear the governor has decided to bypass the people and go straight to dictating.

By way of example, only 7.24% of Worcester County is developed and 69% of our total land and water resources are already controlled by the government. Plan Maryland says, “that is not enough”. The plan calls for “saving” 300,000 acres of farmland over the next 25 years. The only way the land can be “saved” is by a taking. Farmers will lose their property rights and future development will not occur...all in the name of “freedom” and a “greater good”.

New technology is rendering obsolete the notion that owner operated septic systems cannot be environmentally neutral and state of the art farming techniques continue to enhance output while protecting the environment.The fact is, technology is outpacing our best planning efforts and rendering the science, conjectures, and cost-benefit analysis null and void. 

Through Plan Maryland, proponents call upon the government to “use any means necessary” to demand that growth only occur in existing cities and towns, and bureaucracy, once created, results in freedom lost one code at a time.

We would do well to remember that a benevolent tyrant is a tyrant none the less.

Marylanders, take back your state!





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  • Empty Cupboards and a Demanding King
  • Taxes, Tolls, and Fees
  • By Delegate Mike McDermott
Oct. 31st, 2011

 

Empty Cupboards and a Demanding King

by Delegate Mike McDermott


As the month of October fades from view, clarity now comes to Marylanders as to the actions taken by the democratic majority in the General Assembly. Those actions culminate in tax, toll, and fee increases at a time when our state’s economic engine is broken and we find ourselves coming in at number 50 in jobs created, and number 1 in jobs lost.

We hear the chant of, “jobs, jobs, jobs”, but the echo can be heard in empty buildings from Garrett to Worcester. Every extra dollar taken by the state government is just another dollar missing from our local economy, and, with a General Fund Budget that spends 12% more than the previous year, and a Capital Budget almost 200 million more than what was recommended by the non-partisan bean counters, increases are unavoidable. The House Republican Caucus offered an alternative budget that limited increases in spending to 3% (the same level of projected revenue increases), but it was rejected.

So, here is a list of what is proposed by the administration and what has been enacted and signed into law in 2011, as unpleasant as it is:

Governor’s Commission on Sustainable Growth (proposal)
Increase in Bay Restoration Fee (Flush Tax)

  • In total 200% increase from $30 per year to $90 per year by FY ’15 (July 2014)
  • In FY ’13 (July 2012) a 100% increase from $30 per year to $60 per year.
  • In FY 15 a 50% increase from $60 per year to $90 per year
  • Indexing to inflation beginning in FY 16 with a cap of 3% per year



Blue Ribbon Commission on Transportation Funding (proposal)

  • 64% increase in the gas tax over three years (from 23.5¢ to 38.5¢)
  • 100% increase in emission inspection fees (from $14 to $28)
  • 50% increase in vehicle registration fees (from $50.50 to $75.75)
  • 8% increase in vehicle titling tax (from 6% to 6.5%) or elimination of trade-in allowance        



Toll Increases (Approved by the Transportation Authority 9/22/11)
Key Bridge/Fort McHenry Tunnel/ Harbor Tunnel

  • 50% increase from $2 both ways to $3 both ways effective November 1
  • 33% increase from $3 both ways to $4 both ways effective July 1, 2013
  • Total increase 100% from 2011 to 2013.


JFK Memorial Highway Section of I-95/Thomas J. Hatem Memorial Bridge

  • 20% increase from $5 to $6 effective November 1
  • 33% increase from $6 to $8 effective July 1, 2013
  • Total increase 60% from 2011 to 2013


Bay Bridge/US 301 Bridge

  • 60% increase from $2.50 to $4 effective November 1
  • 50% increase from $4 to $6 effective July 1, 2013
  • Total increase 140% from 2011 to 2013



Tax and Fee Increases – 2011 Regular Session
Budget/BRFA
Taxes and Fees Increases in the FY 2012 Budget/BRFA

  • Vehicle Titling Tax doubled $50 to $100
  • Vanity Plate Fee doubled from $25 to $50
  • Land Recording Fees – doubled $20 to $40
  • Birth Certificate Fees – doubled from $12 to $24
  • Increase in Hospital Assessments adding 2.5% to rates
  • Increasing Nursing Home Tax from 4% to 5.5%
  • Parole Supervision Fee – doubled from $25 to $50



New Taxes and Fees in the FY 2012 Budget/BRFA

  • 2% Premium Tax on the Injured Worker Insurance Fund (IWIF)
  • Payroll Garnishment Fee for State Employees
  • Maryland Higher Education Commission Program Approval Fee



Other Bills With Tax and Fee Increases from 2011 Session

  • HB 1196 – Increases the maximum fee imposed by Maryland Historical Trust from 1% to 3%.
  • HB 362 – Increases Licensing Fees for the Home Improvement Commission by $25 for each type of license and a new $20 fee for all initial applications.
  • HB 1213/SB-994 – Increases sales tax on alcohol 50% from 6% to 9%
  • HB 195 – Increases the licensure fee for a secondhand precious metal object dealer or pawnbroker from $75 to $300
  • HB 1022 – Establishes a registration and renewal fee of $1,000 for Debt Settlement Services
  • HB 881 – Establishes an application fee of $100 and a $100 per vehicle registration fee for transporting waste kitchen grease.
  • HB 523 – Requires the State Court Administrator to assess a $100 fee for the special admission of an out-of-state attorney.



Viewing these increases with a backdrop of the 2007 increases is worth noting. How many times will we be told about how increases will be placed in “lock boxes” and how taxes and tolls will support specific projects only to see them channeled into the ever increasing General Fund. Speaking of those not to distant increases, less we forget:

Remembering When… The 2007 Special Session
The Largest Tax Increase In Maryland’s History (so far anyway)

  • 20% Increase in the Sales and Use Tax (From 5% to 6%)
  • Also included an expansion to Computer Service which was repealed in the ’08 regular session and replaced with the "Millionaire’s Tax", a 6.25% tax rate on incomes over $1 million. The "Millionaire’s Tax" sunsetted on December 31, 2010.
  • 18 % Increase in the Corporate Income Tax (From 7% to 8.25%)
  • 20% Increase in Vehicle Excise Tax
  • 117% Increase In Vehicle Titling Fee
  • 100% Increase in Cigarette Tax
  • 5% Income Tax Increase on Incomes over $150,000 (4.75% to 5%)
  • 11% Income Tax Increase on Incomes over $300,000 (4.75% to 5.25%)
  • 16% Income Tax Increase on Incomes over $500,000 (4.75% to 5.5%)


(*Many thanks to the House Republican Caucus for compiling the facts and figures)

We all understand the need for government to collect taxes, but how can we accept outrageous government growth in spending when our wallets are bare? Maryland is suffering under a progressive weight from which she longs to be free. Her people are suffering, her businesses fleeing, and those in power refuse to yield or learn.

Maryland, my Maryland...hang in there. Your people are wiping the slumber from their eyes.





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  • Field Notes
  • Observations and Reflections on Legislative Activities
  • By Delegate Mike McDermott
Oct. 19th, 2011

Legislative Field Notes

By Delegate Mike McDermott

 October 19th, 2011
Special Session 

Morning Session:
We opened the session with the introduction of SB-1, the governor’s redistricting bill. It is a gerrymandered conglomeration of districts and the only good thing I can say about it is the Eastern Shore is intact. Numerous amendments were presented to change the Senate bill to a different map.

Amendments to adopt the MD GOP Map (Good Government Map) were rejected along party lines. The same is true for the amended map offered by Del. Hough (known as the Fannie Lou Hamer PAC) which also went down on party lines. Both of these maps were more generous to creating minority majority district representation.

There was good debate on the subject. A few democrats spoke about about various aspects of the governor’s plan with which they took exception. Once all of the amendments were dealt with, the bill was moved to Third Reader.

Afternoon Session:
SB-1 was brought up on Third Reader. There was some additional debate followed by the final vote tallied at 91-46 with five democrats crossing over and joining with the republicans. 85 votes were needed for passage.

So, once again, Maryland will see the redistricting process moved through the courts as many oppose the gerrymandering and overtly political process that has produced such a terrible product. No map is perfect, but the alternative maps offered would have gone a long way to providing all Marylanders with a meaningful vote at the polls.

There will be a final session on Thursday morning to insure that any action taken by the Senate is confirmed by the House before adjournment.

Several bills never saw the light of day. I co sponsored many with other Eastern Shore Delegates that would have gone a long way to halting many of the provisions of Plan Maryland as well as addressing future toll increases on the Bay Bridge. These will all be reintroduced in the 2012 session as they were not passed out of the Rules Committee for proper consideration.





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  • Field Notes
  • Observations and Reflections on Legislative Activities
  • By Delegate Mike McDermott
Oct. 18th, 2011

 

Legislative Field Notes

By Delegate Mike McDermott

October 18th, 2011
Special Session

Morning Session:
We received HB-2 and HB-3 from the Rules Committee. These two bills address redistricting for the Boards of Education districts in Prince Georges and Montgomery Counties. We thought there might be an amendment offered out of the Prince George’s Delegation but it was not forthcoming.

The Senate was moving the governor’s redistricting plan today and spent quite awhile debating the bill. Ultimately it was decided largely along party lines with Senator Muse (D-Prince Georges) being the only cross over vote against the gerrymandered map.

Evening Session: 
The House reconvened at 5pm to take up the governor’s redistricting plan passed by the Senate. There are many amendments in the hopper which will be introduced tomorrow as we take up debate on all of the redistricting bills. The session only lasted a few minutes.

Tea Party Rally:
There were about 300 folks from around the state that showed up on Lawyer’s Mall for the House Tea Party Caucus Rally from 12-2pm. Speakers included Grover Norquist (American’s for Tax Reform), Ambassador Ellen Sauerbrey, Charles Lollar (President American’s for Prosperity-MD), Senator Pipkin and myself along with a host of other leaders from various tax payer organizations. Del. Mike Smigiel (House Tea Party Caucus Chairman) was the MC and moved the program along. Many in the General Assembly heard the speakers and stopped to listen in on the clear, resonating message: No gerrymandering and No tax increases. There were plenty of homemade signs with messages for the governor.

Whether it was all of the angst expressed publicly in anticipation of tax legislation during this session, or the recent Gonzales polling which revealed a strong public aversion in Maryland to any tax increases, it seems the leadership got the message…for now.





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  • Special Session Field Notes
  • Observations and Reflections on Legislative Activities
  • By Delegate Mike McDermott
Oct. 17th, 2011

Legislative Field Notes

By Delegate Mike McDermott

Oct. 17, 2011

Special Session of the General Assembly

Morning Session:

The first matters that were taken up in the Special Session were the bills from the 2011 Regular Session which had been vetoed by the governor. There were 40 such bills to address. We had discussed all of these vetoed bills in our caucus meeting previously. Most were duplicate or cross filed bills which were passed under another file number and represented technical vetoes. Some of the vetoed legislation was reviewed following passage and found to have flaws which were not picked up prior to passage. These bills were vetoed by request of the sponsor. The only bill which we considered opposing was HB-22 which was a bill submitted by Del. Smegiel and passing easily in both chambers before coming to the governor’s desk. This bill simply called for a uniform Circuit Court subpoena process be established in the Maryland Circuit Courts. It was a money saving measure, but it was opposed by many in the judiciary and court clerks across the state. Following debate on the idea of attempting an override of the veto, it was decided by vote that this was not a battle we needed to fight at this time when considering that we needed to focus all of our efforts on redistricting.

 

All of the vetoed legislation was combined together by consent of the House members and the governor’s veto was sustained on a vote of 125-6.

 

There were 21 bills which were filed by several members for consideration by the House during the Special Session. Those bills were introduced into the House and were forwarded to the Rules Committee to determine if they will be assigned to a Committee for review. It is doubtful that any will be considered other than the bills addressing redistricting. On initial review, I did not see any bills calling for tax increases…but the session is young. I remain hopeful that we will stay the course and stick to redistricting issues.

 

Hearing in Judiciary

  • Expungement of Records/Shielding of Records-

Del. Anderson/Walstreicher/Carter

Review of HB-878; HB-1342; HB-1279; HB-1255

We heard from the Task Force on legislation which would address the shielding of criminal records under certain circumstances. There is ongoing debate over the way the courts and the legislature should address expanding guidelines for the shielding/expunging of criminal records. Certain automatic expungements were discussed when a person was found not guilty of a charge as opposed to a written request being required. It was also suggested that one’s driving record should be examined for possible automatic expungement following a set period of time. Some of the committee members like to use the word “mistake” as a substitute for “crime”. There was quite a discussion over providing safe guards for businesses as well as those who may deserve a second chance. The committee took a lot of notes and it is clear we will be hearing this again in 2012.

  • Maryland Trust Act

Submitted by the Maryland Bankers Association/Committee members

Review of HB-750 (as submitted in 2011)

We heard from a group of bankers and attorneys in Maryland on the need to revise and codify the laws governing Trusts. The general issue concerns the lack of codified law and the desire of the committee to simplify the process and eliminate the need for continually going back to the courts to address issues that could be done outside of the courts by mutual agreement. There was concern that in trying to codify the rules/law, the committee may have modified existing rules. The submitted legislation is 93-pages and will require a thorough review and many additional hearings to address all of the many concerns. After hearing from the committee members, I am not convinced the “Trust Act” will be ready for prime time in January. The technical law questions are extensive.

 

On the Lawyer’s Mall there were a few press conferences for alternative bills being offered for redistricting. There are three primary bills which people are rallying behind other than the governor’s plan. All three of the bills address the creation of an additional minority district. We expect all of these bills to be heard in committee tomorrow.

 

On redistricting, there may be an opportunity to work across the aisle with those from certain districts who may feel disenfranchised by the governor’s gerrymandered map. Currently, a map backed by the Fannie Lou Hamer PAC is being sponsored by Del. Hough (R-Frederick) and Sen. Pipkin (R-Upper Shore) in cooperation with the PAC. It is a good map and would create the potential for a third minority congressional district in Maryland. It would also make some of the other districts more competitive for both parties. It is a balanced approach and has bi-partisan support in both chambers.

 

The same can be said for a map being offered by Sen. Getty (D-Carroll) and Del. Smigiel (R-Cecil). This map also helps create an additional minority district and provides for greater sense of natural, political, and historic boundaries. In essence, it abides by the Maryland Constitution and is bi-partisan on approach.

 

The third alternative to the governor’s map is referred to as the “Good Government Map” which has been proffered by the Maryland GOP. This is probably the best drawn map, geographically and it lends itself to an additional minority district as well. Sadly, since it is the GOP map, it is not going to get very far.

 

Tomorrow at noon, a Rally for Good Government will be held on the Lawyer’s Mall in front of the Capitol steps. Special speakers include Ambassador Ellen Sauerbrey, Grover Norquist (American’s for Tax Reform), Sen. Pipkin, Charles Lollar (American’s for Prosperity), Del. Smigiel, as well as myself and others. The people are demanding good government, and all of the speakers will be encouraging Marylanders to press on. We are hoping for a great turnout.





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  • Rally on the River!!!
  • Rally on the River-Legislative Update on Special Session
  • By Delegate Mike McDermott
Aug. 2nd, 2011

 

  July 25th, 2011

 

        Dear Patriot,

 

Serving as your State Delegate is one of the greatest honors of my life. With your help, our Eastern Shore voice is being heard from the floor of the State House to the hallways of the Governor’s Mansion. While I am up against some tough foes in Annapolis, I always remember the folks back home have my back. For that, I am  grateful.

 

The tax and spend crowd continue to dominate the halls of Annapolis, and the upcoming Special Session in mid October promises to be full of challenges and attacks on the wallets of Marylanders. With that in mind, I want to invite you to mark your calendar for my Rally on the River being held on:

 

Saturday, October 8th, 2pm in the Sturgis Park Pavilion located in Snow Hill.

 

We will be serving delicious Bar-B-Q along with “all the fixin’s”. Soda and beer will also be provided. This will give me a chance to share with you my insights on the upcoming session and talk about the many challenges we expect to face in the General Assembly during this Special Session. Joining me in providing the inside scoop will be House Minority Leader Tony O’Donnell and House Minority Whip Jeanie Haddaway-Riccio.

 

This time of insight, encouragement, and fellowship is not to be missed. You can help by sponsoring a table for $200, This will include 10-tickets for you to sell or give away, and special recognition at the Rally. Individual tickets will also be available for $20.

 

Rally on the River Table Sponsors and Tickets may be purchased by credit card online at delegatemcdermott.com or by returning your check payable to Citizens to Elect Mike McDermott (217 Walnut St. Pocomoke City, MD 21851. If you have any questions, please feel free to call me at 410-957-4668 or contact my Event Coordinator,Heather Horner, at 410.430.9405 or heather.horner@comcast.net.

 

During the last Special Session, Marylanders were hit with huge tax increases. Dont’t miss your chance to hear strategy for the upcoming fight!


                   Warmest Regards,

Mike

Mike McDermott, Delegate

House Judiciary Committee

Thank you for your support!

       

        Thanks for standing with me in the fight! Please indicate your choice below and return to the address
        provided or simply email me and I will send out your packet.

        ______I would like to be a Table Sponsor for the Rally on the River.
            (Includes 10-Tickets and special recognition for $200))

        ______ I would like to purchase _______(number) Tickets for the Rally on the River. Enclosed
            is my check. (tickets are $20 @).

        Please make checks payable to:

        Citizens to Elect Mike McDermott        or    email your request to:
        217 Walnut Street                mikemcdermott4@gmail.com
        Pocomoke City, MD 21851





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  • Press Release
  • Toll Increase Editorial Response
  • By Delegate Mike McDermott
Jul. 20th, 2011

If “reasonable” is the term used by the Daily Times to describe a 300% toll increase for a bridge that is currently self sustaining, I do not want to know what theyconsider “unreasonable”.

The Bay Bridge has generated about one billion dollars in revenue since  it has been open. It has been paid for time and again. The money that it generates should go towards maintenance and upkeep. This would seem “reasonable”.

The MTA does not argue that the Bay Bridge is self sustaining. Many would argue that it is far beyond self sustaining, particularly when viewed in agregate totals over the decades.

New MTA projects, which many deemed ill advised, such as the ICC (Inner County Connecter) and the I-95 expansions require vast sums of cash. It would seem “reasonable” to let the user pay for their construction and upkeep. It is noteworthy that the proposed MTA Toll fees do not include any increases for users of the ICC.

As we slip further in the ranking of states in which to conduct business (now at 46 out of 50) , does it seem “reasonable” to raise the cost of commerce by requiring a company now paying $18 to pay $60 to move their goods across the bay? The bills for some of our major companies will be raised by hundreds of thousands of dollars.

As people struggle everyday with the job market, does it seem wise and “reasonable” to take away hundreds of dollars of discretionary spending out of the hands of those who must cross over on a daily basis? The estimated increased cost for a two income household living on the shore with a daily commute accross the bay is over $900.00.

The Times laments the days of Governor Tawes and the “gentle pursuasion” in Annapolis. In those days, most members of the General Assembly were folks who signed the front of a paycheck and they understood the need for a thriving business economy. In those days, they would never have agreed to a 50% tax increase or a 300% fee increase for they new the problems it would create and the competive edge that would be lost.

I doubt seriously that Governor Tawes would sign a bill giving illigal aliens the same benefits as American citizens, or that he would be the champion of a bill promoting cross dressers and transgenders.

In fact, the last time I was in the Governor’s Signing Room at the State House, I took a long look at the grand painting of our great governor from the Eastern Shore...and I believe it was tears that I saw.

Let us take back Maryland from such “reasonable” people.

 





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  • Press Release
  • Public Hearing on Toll Increases
  • By Delegate Mike McDermott
Jul. 12th, 2011

 

From the office of Delegate Mike McDermott
 
Press Release
 
07-11-2011
 
This is a reminder to all of those who wish to be heard on the proposed 300% increase in the Bay Bridge Toll (from $2.50 to $8.00) that the Public Hearing, being conducted by the Maryland Transit Authority, is this Thursday evening from 5:30-8pm at the Stephen Decatur Middle School in Berlin. The school is located adjacent to Stephen Decatur High School.
 
This is an issue for the entire shore to address and will impact folks in Maryland, Delaware, and Virginia. Commercial truck traffic now paying $15.00 will pay $60.00. This cost will be past onto the consumer. Our brethren on the middle and upper shore who commute daily will pay hundreds more of their discretionary income to the state.
 
The increased revenue will go toward funding the ICC project, the expansion of I-95, along with other metro projects such as the Red Line and the Purple Line. While the MTA is willing to raid the pocket books of those on the shore, they refuse to consider a toll increase for the ICC so that the users would pay the tab.
 
Please show up and stand up to this outrageous money grab. Marylander’s…take back your state!
 
 
Public Hearing: July 14, 2011
Stephen Decatur Middle School
9815 Seahawk Rd., Berlin, MD





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  • Press Release-Tolls
  • For Whom the Bridge Tolls...
  • By Delegate Mike McDermott
Jun. 1st, 2011

 

For Whom the Bridge Tolls…

By Delegate Mike McDermott

Recently, the O’Malley administration and the MD Transportation Authority have decided that, after 35-years, we are due for a toll increase on the Bay Bridge. Their answer was not an incremental adjustment to be absorbed over time, but rather an immediate 100% increase. This is to be followed the next year by an additional 60% bounce taking the toll from the current $2.50 all the way to $8.00. This meets a good definition for “excessive”.

While this may have a negligible impact on vacationers making their annual trek to Ocean City, it appears little thought has been given to the impact on commerce this will have for the mid and upper shore areas.

Consider that when Virginia built their Bridge-Tunnel, the toll was set high and has remained so from the beginning. Clearly, Virginia did not build it for commuters and North Hampton County remained relatively quiet when compared with the Virginia Beach/Norfolk metro area. It was a clear choice, and many would say a “good one”.

On the Maryland side, quite the opposite has been the case. A toll which amounts to $1.25 one way would surely encourage commerce and development on the Eastern Shore. It would insure a rapid expansion of the metro area by creating a readily available suburb for those willing to simply drive a few extra miles and pay a small toll for the privilege of living on the Eastern Shore. The rest of the shore would benefit from increased commercial traffic and day trips would become common. Maryland’s Eastern Shore would never be the same.

By maintaining a low toll, Maryland made the choice to potentially subsidize repairs to the bridge, as needed, beyond the revenue stream provided to insure the successful industrial, commercial, and residential development of the shore. Our prosperity has resulted in multiplied tax revenues for state coffers from that development far beyond that which would have been realized from any increased toll.

Now, after nearly four decades, we are going to raise the toll by nearly 300%. It looks like the proverbial “bait and switch” for the Eastern Shore. Queen Anne’s and Kent Counties will take it on the chin while the rest of us get bruised. At a time of economic pain and uncertainty, this tax increase should be on the back burner.

The time is now to weigh in with the Maryland Transportation Authority and the Governor’s Office as the “proposal” will become a reality very soon.

 As it stands, we will pay for that toll in every loaf of bread, in every lost day tripper, and in just one more hurdle to tourism and commerce. For those commuters who sought a refuge on the shore, your discretionary income just took a big hit and many in Annapolis are choosing to look the other way.





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  • Press Release
  • SB-167 In-State Tuition for Illegal Aliens
  • By Delegate Mike McDermott
May. 25th, 2011

Marylanders are being stretched pretty thin these days. While the family budget shrinks, the budget numbers continue to grow in Annapolis. 
 
With this increase in spending (over a billion dollars from last year) as a backdrop, liberals in the General Assembly took it upon themselves to provide In-State College Tuition rates to illegal aliens who reside (illegally) in Maryland. This will cost Maryland Taxpayers tens of millions of dollars. The bill requires this new class of “students” to attend our community colleges for the first two years at a time when we are already turning away legal residents.
 
Montgomery County has been a sanctuary for illegal aliens for a number of years. They took it upon themselves to offer In-State Tuition rates at one of their state run community colleges and it has cost them $6 million over a three year period. Yet, one of their Senators (and the sponsor of the bill) tells us the same plan conducted statewide will cost less than a million dollars per year. It appears the math gets fuzzy in Montgomery County.
 
We were told the illegal aliens must show that they or their parents have filed a Maryland Tax Return in order to qualify, yet there is no requirement that they actually pay taxes (anyone can file a MD Tax Form and claim zero income) as this requirement was stripped from the bill.
 
The governor says this will mean a better work force for Maryland, yet it is illegal to hire an illegal alien, and no degree will change one’s immigration status.
 
Ironically, if you are a legal alien resident, you do not qualify for the break.
 
If you believe this is wrong, a petition drive is underway to bring the issue to referendum before all of Maryland’s voters. You can access the petition at mdpetitions.com. The first deadline to meet is May 31st, so don’t delay.
 
I urge you to take back your state.
 





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  • Press Release
  • 50% Tax Hike on Alcohol
  • By Delegate Mike McDermott
Apr. 12th, 2011

 

Delegate Mike McDermott Press Release

 

FOR IMMEDIATE RELEASE

 

Contact: Katlyn Schmitt                                                                                                                                          April 11, 2011
410-841-3431
240-320-7711

Delegate Mike McDermott on HB-1213:

“The process surrounding this bill was appalling”

 

(ANNAPOLIS)—“If we’re going to debate something let it be done fair and impartial and allow the views of the people of this state to be reflected in their citizen legislature. Not those that hide in the back room, making deals around a table deciding what the delegations are going to receive” said Delegate Michael A. McDermott(R-District-38B) on the House floor while discussing HB-1213 on Sine Die.  HB-1213, Sales and Use Tax - Alcoholic Beverages - Supplementary Appropriation, will dramatically increase the sales tax rate on alcoholic beverages by 50 percent.  Many Delegates, including Delegate Mike McDermott, were angered by the process of the floor proceedings when Speaker Michael E. Busch shut down debate for HB-1213 after only a few delegates had spoken.

“The people of Maryland are booing this process. That’s why they put so many freshmen in here: they’re tired of it! They’re tired of this process!  They’re tired of not being heard! They’re tired of you deciding what’s right on a dark night and ramming this through at the eighty-ninth day. They’re tired of you not letting them have a voice in this chamber, where they say ‘You have taxed me enough!’ ” argued Delegate McDermott.

The bill will be particularly tough on border areas like Worcester and Wicomico Counties where prices are cheaper in neighboring states. According to the Fiscal Note on the bill, the increased tax will likley result in job losses and a decrease in overall business for Maryland at a time when our economy continues to suffer.

“The people are weary. They’re weary of your taxes. They’re weary of your intolerance. They’re weary of your opportunity to tyrannically run this house any way you choose” concluded McDermott.

The bill is a sweetheart deal for Baltimore City, Prince Georges County, and Montgomery County who will recieve $27 million of the cut while 8 Eastern Shore Counties will only receive $156,000. HB-1213 passed with a vote of 78-62 in the House.





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  • Press Release
  • Non-Profit Slots for Worcester County
  • By Delegate Mike McDermott
Apr. 12th, 2011

 

Delegate Mike McDermott Press Release

FOR IMMEDIATE RELEASE

Contact: Katlyn Schmitt                                                                                                                                         April 11, 2011
410-841-3431
240-320-7711

(ANNAPOLIS)--With less than two hours to go in the 2011 session of the General Assembly, HB-39 was passed on Third Reader providing qualified Worcester County Non-Profit and Fratenal Organizations the ability to utilize slot machines in their establishments. A concerted effort by the Worcester Delegation, including Sen. Mathias, Del. Conway, and Delegation Chair McDermott, moved the bill over the finish line and ended a 5-year effort in victory.

“Passing this legislation for our fraternal organizations and the Ameican Legion was a priority this year for me in the House”, said freshman Delegate Mike McDermott. “Our non-profits desparately needed this and our communities will be the beneficiaries of their charity”.

The bill provides an opportunity for Worcester County to join the ranks of every other county on the Eastern Shore who have enjoyed this provision for over 20-years. Worcester County had asked to opt out of the law when it was first passed when leaders feared gambling coming to Ocean City would be a detriment. Much has changed since that time, including a state operated casino near Ocean Pines.

“The qualified organizations will be able to have up to 5 slot machines on site”, said Delegate McDermott. “One half of the proceeds from the slots must be donated to other non-profit organizations in the community. This is on instance where everybody is a winner”.





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  • 50% Tax Increase
  • Observations and Reflections on Legislative Activities
  • By Delegate Mike McDermott
Apr. 11th, 2011

 

How Liberals “Grow” an Economy…50% Tax Increase!

By Delegate Mike McDermott

The war on rural Maryland continues with the 50% Tax increase on alcohol passed by the Senate and being fought out on the floor of the House of Delegates. This last minute shot at citizens and our business community carries with it an interesting fiscal note. The Department of Legislative Services states clearly that this bill will cause jobs to be lost in Maryland and result in a decrease in overall sales. In spite of these facts, we are having this rammed down our collective throats.

Interestingly enough, this tax was supported by the Disabilities and Mental Health communities as they shouted on the Lawyer’s Mall in the rain, “Dime a Drink, with a link!” They actually thought their liberal backers would give them this revenue. Well, to use wheel chair bound folks to push your tax, and then turn around and divide up the spoil for another purpose…in a word, “Shameful” even by liberal standards.

State line communities such as Ocean City, Delmar, and Pocomoke City will suffer greatly and lose jobs as Maryland residents simply cross the border to more tax friendly states. The retail loss is bad enough, but this bill will be implemented on July 1st…the very height of our vacation season at the beach. Computers will need to be changed, software purchased, employees trained in the new tiered tax system, and all must be done overnight. Amendments were offered to alter this date to before or after the season to no effect. This will serve to further crush the only area of our regional economy where Maryland is still competitive tax wise.

With a budget already reconciled, here comes the slush fund. We asked, “Who decided, and who divided the spoil in this back room deal?” Well, the big three, (Baltimore City, Montgomery County, and Prince Georges County) made sure that they raked in $27 million for their schools; while they gave $1.25 million to be shared by 8 counties on the Eastern Shore. Divided evenly on the shore, we will receive $156,000.00 for each county…what a deal! It is these “back room deals” that the voters of Maryland have rejected with contempt. It is this “shadow government”, where the blinds are drawn and the shades are pulled that, more often than not, decides the winners and the losers in Annapolis.

Brought up on the 89th day, after the budget was already settled, this tax bill slithered into the House Chamber with no warning. We fought diligently for 6-hours to amend a bill that we were not even prepared to address until the Speaker grew weary and cut off our opportunity to even offer amendments. It was totally out of order, but that does not matter when your government displays tyrannical behavior.

To make matters worse, we began our debate on this tax on Third Reader Monday morning and it was cut off almost before it began. What an outrage for the people of Maryland! Not only did they not have an opportunity to weigh in on the issue, their elected representatives were cut off as well. We were reduced to a two-minute statement to merely “explain” our votes. While business men and women filled the galleries in the House Chamber looking on in dismay, all of the delegates from the urban counties crushed the consumers in Maryland with this draconian tax.

This is not “representative democracy in action”; these are the actions of a banana republic. So while Rome burns, Nero fiddles, and the people of Maryland can name that tune in one collective note: Montgomery County $9 million, Prince George’s County $9 million, Baltimore City $9 million; and the tune for each county on the Eastern Shore: only $156,000.00.

 





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  • Field Notes
  • Observations and Reflections on Legislative Activities
  • By Delegate Mike McDermott
Apr. 9th, 2011

 

Field Notes

Observations and Reflections on Legislative Activities

By Delegate Mike McDermott

March 4th-April 9th, 2011

  • The debate and voting on Second Reader Amendments for the Capital Budget, HB-71, was largely partisan with a few exceptions on the Democrat side of the aisle. This is the nearly billion dollar bill addressing a myriad of statewide projects from the tens of millions to the tens of thousands. The budget office with the Department of Legislative Services had recommended a reduction of overall spending down to $825 million, but this bill comes in at $925 million. The following amendments were offered on the floor following debate:
  1. HB 71: (Delegate McDermott) {613721/1 Rejected (42-92): Would have reduced the overall Capital Budget by 5%
  2. Floor Amendment (Delegate Boteler) {253627/1 Rejected (43-95): Would have reduced the overall Capital Budget by 3%
  3. Floor Amendment (Delegate George) {143321/1 Rejected (45-93): Would have reduced the overall Capital Budget by a mere 1%
  4. Floor Amendment (Delegate Smigiel) {803720/1 Rejected (41-97): Would have stripped the $15 million in local bond bills from the Capital Budget in recognition of the Tea Party Caucus and Republican Caucus position taken at the beginning of session relative to spending.
  • The House debated HB-173, the Invest Maryland Bill, which seeks to create a $100 million dollar fund overseen by the Governor and his appointed committee. The fund is to be used as “venture capital” to invest in companies that would find private investors reluctant to take the risk. There was a lot of debate over the need to create such a fund. Some have referred to it as “the Governor’s slush fund” as it will allow him to “pick the winners” and move money to various companies and projects that he favors or those that are deemed “politically correct”. One must ask the question…if the private sector is not willing to put their capital at risk, why should the taxpayer take that risk? This is what happens in government…many willing to spend and risk OPM (Other People’s Money). After all, if you lose the money and the venture fails, where are those who will complain?
  • On Tuesday afternoon, the Judiciary Committee heard the following Senate bills which had no matching bill in the House:
  1. SB-50: Would allow the use of Victim’s Compensation Funds for the temporary lodging of victims of domestic violence.
  2. SB-51: Would not allow for convicted felons to receive any compensation as a “victim” under the Victim’s Compensation Fund. We heard testimony that seemed to indicate that there would soon be audit revelations reflecting poorly on the process by which some individuals have been compensated.
  3. SB-138: Would allow certain records to be introduced at trial for motor vehicle accident damage repair estimates. This would eliminate the need that a body shop estimator is required to come to court and testify as to their opinion or how they arrived at the estimate.
  4. SB-142: Would require an insurance firm to provide last known address of a customer who is a defendant in a civil case if the information has not otherwise been provided.
  5. SB-200: Requires the reporting of Juvenile Recidivism rates from state facilities that serve the Juvenile Justice System. This data has not been collected and there is no way to properly evaluate certain program areas as to their effectiveness.
  6. SB-515: Sets the Federal Poverty Guidelines as the bar for determining eligibility of the services of the Public Defender. This would automatically provide a determination that someone qualified for the use of a Public Defender.

The committee voted “Favorable” on the following bills:

SB-599 (Requires pre litigation discovery of certain insurance coverage); SB-803 (The Senate version of the House bill increasing the use of ignition interlock systems in Maryland).

  • On Thursday, the House Judiciary Committee voted “Favorable” on the following bills:

SB-308 (Medical Marijuana); SB-139 (Changes grounds for an Absolute Divorce/reduces time of separation); SB-200 (Requires the Dept. of Juvenile Services to issue a report on the current recidivism rate in state run facilities); SB-374 (A technical change to the law governing Grand Jury Investigations in Baltimore City); SB-696 (A bill addressing technical changes to Estate and Trustee property law); SB-787 (Would require Juvenile Justice to provide similar programs for female detainees as they provide for males); SB-803 (This bill is now amended to resemble HB-1012 and addresses the new mandates for ignition interlock programs dealing with drunk drivers).

  • On Thursday, the House Judiciary Committee voted “Favorable” on the following bills:

SB-196 (Increases the Statute of Limitations on 4th Degree Sex Offenses when the victim is a juvenile); SB-281 (Would require Prince George County Orphans Court Judges to be members of the MD bar); SB-327 (The Human Trafficking Protection Act); SB-515 (Changes the income eligibility requirements to qualify for a Public Defender); SB-747 (Creates a provision to address cruelty toward a pet in domestic violence cases).

  • Friday, while many Senate bills moved through the House, the big debate was on HB-470 which provides in-state tuition rates for illegal aliens. This will cost the state tens of millions of dollars and will make it more difficult for American citizens from neighboring states to attend our colleges and universities. It was interesting that none of the supporters disagreed with the cost associated with providing these reduced rates. We heard many argue in favor of the bill while using legal immigrants as their back drop. It truly was an outrage when one considers the time and effort a legal immigrant to our country must invest to become a resident alien, let alone a US citizen.

 

We heard that the discussion should not be about immigration, but “about education”. It should have been a debate about the rule of law and the cost of these benefits. By way of example, Montgomery County (that bastion of liberalism) has illegally offered these benefits at their community college for the past three years at a cost of millions in taxpayer dollars. It is a Federal offense to do what Montgomery County is doing in Maryland (and it is currently being litigated). There were amendments offered which would have limited the fiscal impact on our budget and to allow counties to opt out of providing this benefit at community colleges. All of these were resisted by the ruling party. This bill was amended on the floor and must be sent to the Senate before it can be finalized. The vote was close at 74-66.

  • On Saturday, we faced another full day of bills moving back and forth between the House and Senate. The Senate pulled a fast one on the Medical Marijuana bill, SB-308, which had been amended to simply be a study. The senate amended the bill to include an “Affirmative Defense” for those who are caught in possession of 1-ounce or less of marijuana so they can avoid prosecution if they can provide evidence that they were using marijuana for medicinal reasons. I tried to amend this in Committee when it came back over to place the “affirmative defense” issue in the study as well, but this was rejected on a divided vote. This would have been a better approach as the study is set to provide many answers for the 2012 session, but many in the General Assembly seem intent on putting the cart before the horse. (Later during the late Saturday session, the bill was passed by the House on a vote of 82-54 after several amendments failed).

 

We took a break for the printing office to get cranked up and the arms to be twisted in the Democratic Caucus before coming back into session after 5pm. The dreaded tax on alcohol has been forced to the floor out of Ways and Means and we will be debating fiercely the merits of raising a tax by 50% on the consumers of Maryland. Alcohol is currently taxed at 6% above the 6% Retail Sales Tax already imposed. They want to raise the 6% to 9% immediately.

 

The Fiscal Note attached to this bill shows job losses in the industry if it is passed and a loss of revenues from diminished sales in the state. This is typical of any tax passed. In fact, if you want less of something, just tax it. The secondary issue of this tax is where the new found money will go. The budget was approved by the House without the additional revenue and there is no need to pass this tax in order to balance the budget; but this will not stop them from forcing through a tax in order to garner more spoil for Baltimore City, Prince Georges County, and Montgomery Counties. The hands are outstretched and there is a line outside the Speaker’s door a mile long.

 

To say this is disgusting is putting it mildly. This tax was being pushed for during session by the developmentally disabled and Mental Health lobby. They wanted the money to be directly assigned to filling the gaping holes in the Mental Health community created over the past few budget cycles by transfers, etc. I passed these folks and heard them in the Lawyer’s Mall shouting loudly, “Dime a drink, with a link” as they demanded an increased alcohol tax. So now it appears they will get a tax with little, if any, relief.

 

I’m sure we will be here till late tonight (Saturday). Take a deep breath Eastern Shore; Monday (Sine Die) will not be pretty fiscally or socially.





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  • Press Release
  • Not Even One...Capital Budget
  • By Delegate Mike McDermott
Apr. 6th, 2011

Not Even One…

By Delegate Mike McDermott

 

Today, the House deliberated HB-71, the Capital Bond Budget, which came in with a near billion dollar price tag. This bill contains all of the projects that the state is appropriating money towards during the coming fiscal year. Many are ongoing such as major roads or building construction measured in the tens of millions, while just as many are small projects coming in under $100,000.00. To be sure, most are very worthy of support. Our problem is, we are out of money.

Much of this Capital Budget is being funded on transfers from, so called, “trust” funds and is banking on a very optimistic economic forecast which remains to be seen. The Department of Legislative Services (those charged with providing statistics and crafting legislation for the General Assembly) made it clear that they wanted to see reductions of $100 million from the current proposal of $925 million. This could have been achieved in a variety of ways, but the committee elected to keep the spending higher and send it to the floor.

The Republican Caucus offered several amendments to cut spending on this bill. I offered the first amendment which would have cut overall spending in each budgeted category by 5%. Conversely, it would have maintained all projects at 95% of the funding level which is more than fair. It would have reduced the overall Capital Budget by $45 million. This was rejected on a party line vote.

We then offered an amendment to reduce spending by 3% overall. This would have saved $27 million. Hardly a big deal, but this too was rejected largely along party lines.

Holding our breath and asking for some consideration, we offered our last amendment which would have only reduced spending by 1%. Unbelievably, this too was rejected out of hand as being simply too drastic a measure. The bottom line, a project to build a “dark room” at a Baltimore High School which was funded at $40,000.00 in this budget would have only been reduced by $400.00, and we could not even get them to agree to make this minor cut.

At a time when our General Assembly should be performing triage in determining funding needs, we continue to treat scratches with the same necessity as we do amputations. Reluctant to believe the truth, the crafters and leadership of the ruling party say they are “optimistic” and actually stated that our real estate prices have stabilized in the state. They made this statement despite all evidence to the contrary. The Eastern Shore is wrestling with falling home prices and assessments which are swiftly diminishing the local government coffers, further straining services. In fact, this is happening all over the state, but those calling the shots are not taking heed.

I think it is also note worthy that the Tea Party Caucus (made up of 23 House Republican members) offered an amendment as well which would have simply stripped the $15 million in local bond bills from the Capital Budget. That would amount to about a 1.5% reduction in spending. This particular area of spending was the subject of a resolution made by the Tea Party Caucus and the House Republican Caucus to not accept, or apply for, any of these bond projects. This amendment, and the subsequent vote, represents those making good on this commitment. How can we go home, look our citizens in the eye, and tell them we listened to them last year when they told us to get our fiscal house in order if we did not vote in favor of these reductions?

In any school or college I ever attended, a 99%, 97%, or 95% were all solid “A’s” of which I could be proud. Yet, even offering the ruling party this level of funding for all of these projects was deemed punitive and unfair. What will they say to our citizens when the State Property Tax must be raised to cover their credit card spending? What happens when our revenue estimates fall below projected rates? What will they say?

When it comes to our budget, the sky is not falling; rather, the ground is opening up.





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  • Field Notes
  • Observations and Reflections on Legislative Activities
  • By Delegate Mike McDermott
March 28-April 1, 2011

  • On Monday, the House voted on the following bills for Third Reader:

 

HB 291, HB 1150, HB 1180, HB 1209, HB 1225, HB 1233, HB 1242, HB 1245, HB 975, HB 1033, HB 1038, HB 1039, HB 1092, HB 1113, HB 1135, HB 1143, HB 364, HB 398, HB 461, HB 520, HB 534, HB 539, HB 604, HB 689, HB 62, HB 115, HB 148, HB 700, HB 858, HB 938, HB 943, HB 954, HB 160, HB 166, HB 170, HB 258, HB 262, HB 270, HB 285, HB 1254

 

Third Reading Calendar (House Bills) #64

HB 715, HB 807, HB 1005, HB 1181, HB 1304

  • On Tuesday, the House Judiciary Committee reviewed the following senate bills which have crossed over and have identical House Bills which have already been reviewed: SB-172, SB-299, SB-500, SB-511, SB-747. These bills will move quickly to the full House for 2nd and 3rd Reader if the House version has already passed. If the House version was unfavorable in Committee, the same will be applied to the senate bill.


 

At the same hearing, the following senate bills were reviewed having no cross filed bill in the House:

1.      SB-61: Would allow greater access by the Department of Juvenile Services to         court related documents such as Charging Documents and Arrest Warrants. It will allow         them to release relevant information to a victim or witness of a crime which the             department may possess.

2.      SB-66: Seeks to repeal the requirement that a public safety agency report to the         state the release of a person who was detained and then released without charges. The         idea behind this bill being to minimize the impact of a person’s detainment if they are         ultimately released without charges.

3.      SB-218: Seeks to extend the Law Enforcement Officers Bill of Rights to sworn         members of the Internal Investigative Unit of the Department of Corrections. Currently,         this group (approximately 24 officers) has not been listed with those officers covered         under the statute.

4.      SB-673: Allows for the payment of attorney’s fees from an estate under certain         circumstances without the need to have the payment approved by the court.

                                    

  • On Wednesday morning, I met with some Republicans involved with the Capital Bond Budget (HB-71) for the purpose of reviewing the myriad of requests which presently total just under a billion dollars. The committee did not make significant cuts in this area and it represents a significant amount of created state debt that our state can ill afford. It appears that we will take the bill up at the beginning of next week. I plan on offering some amendments in an effort to reduce spending in the overall plan.
  • On Wednesday, the House voted on the following bills for Third Reader:

 

HB 715, HB 807, HB 1005, HB 1181, HB 1304
  • On Wednesday, the House Judiciary Committee reviewed the following senate bills which have crossed over and have identical House Bills which have already been reviewed: SB-247, SB-327, SB-333, SB-342, SB-362, SB-411, SB-593, SB-652, SB-768, SB-803. These bills will move quickly to the full House for 2nd and 3rd Reader if the House version has already passed. If the House version was unfavorable in Committee, the same will be applied to the senate bill.



    At the same hearing, the following senate bills were reviewed having no cross filed bill in         the House:

1.      SB-62: Which would require a greater degree of cooperation between the             Departments of Education and Juvenile Services as it relates to sharing of information as     required under certain circumstances.

2.      SB-169: Seeks to expand the definition of a debtor’s protected residence under         bankruptcy laws to include a condominium and a shared property such as a duplex.

3.      SB-281: Would change the requirements of an Orphan’s Court Judge in             Baltimore and Prince George’s Counties to include admission in the Maryland State Bar         Association. We heard a bill similar to this previously that was voted down.

4.      SB-599: Would require insurance carriers under certain circumstances to divulge     the amount of insurance coverage limits that exist for a policy holder prior to trial. It is         thought that this may reduce litigation actions.

  • On Wednesday evening, I attended our annual Judiciary Committee dinner. Both Speaker Bush and Governor O’Malley came by to say hello and address the committee. During his comments, it became apparent that the Governor was a little perturbed by some of my recent press articles published on the shore which have been critical of some of his administration policy objectives. He called me out on it and jokingly told Chairman Vallario to “take away Delegate McDermott’s computer”. Working for the Eastern shore, and specifically my district, means I will often take exception to the governor’s proposals. I am currently working with him on a wind proposal that makes sense for rural Maryland, while at the same time opposing his “Big Wind” project as it has been presented. I pay attention to the Governor, and I am glad he is paying attention to the Eastern Shore.

 

 

  • On Thursday, the House voted on the following bills for Third Reader:

 

HB 757, HB 758
  • On Thursday, the House Judiciary Committee reviewed the following senate bills which have crossed over and have identical House Bills which have already been reviewed: SB-112, SB-115, SB-174, SB-178, SB-278, SB-457, SB-480, SB-529, SB-531, SB-696. These bills will move quickly to the full House for 2nd and 3rd Reader if the House version has already passed. If the House version was unfavorable in Committee, the same will be applied to the senate bill.



At the same hearing, the following senate bill was reviewed having no cross filed bill in the House:

1.      SB-374: Seeks clarifying language in an existing law dealing with Grand Jury Investigations in Baltimore City. Does not change the substance of the law.

  • On Friday, the House voted on the following bills for Third Reader:


   

HB 1279, SB 44, SB 84, SB 89, SB 90, SB 93, SB 144,SB 202, SB 203, SB 255, SB 416, SB 428, SB 682, SB 61, SB 66, SB 172, SB 299, SB 511, SB 673

  • Next week will be the final push. The billion dollar Capital budget (HB-71) will be challenged and we could see the “Dream Act” (illegal alien in-state tuition), the Governor’s “Big Wind” and “Septic Ban” still find their way to the floor. Pay particular attention this week as the votes fly.





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  • Press Release
  • Trans-Gender, Cross Dressing Bill HB-235
  • By Delegate Mike McDermott
Mar. 28th, 2011

Delegate Mike McDermott Press Release


Contact: Katlyn Schmitt                                                                                   March 28th, 2011
              240-320-7711 (Cell)
              410-841-3431 (Office)

FOR IMMEDIATE RELEASE


(ANNAPOLIS) -- “The 86 Delegates who voted for HB-235 should be required to respond to questions from children who may become confused about the gender of their teachers… and questions from parents who feel that their children have been thrown into the adult world” stated Delegate Mike McDermott (R-District 38B) in response to HB-235, Human  Relations – Sexual Orientation and Gender Identity – Antidiscrimination.  HB-235 passed in the House on Saturday with a vote of 86-52 and mainly outlaws discrimination against an individuals gender-related identity regardless of their actual sex at birth. It has been referred to as a bill protecting “cross-dressers” and “trans-genders”.

“It is extremely unfortunate that HB-235 passed.  This bill has many negative consequences for our struggling business community which the 86 Delegates who voted for the bill have failed to consider” stated Delegate McDermott.

“As a society, we need to consider the cost of putting our children in a situation where they grow up too abruptly and are confronted with situations that are far beyond their maturity… all in the name of being politically correct” responded Delegate McDermott.

“It is sad that some leaders would want to tear down the barriers that have always been present to protect our children. Society has long established two sacred sanctuaries for innocent children: the mother’s womb and the classroom for the young. One has been torn down and the other is in the process of being torn with the passage of HB-235” continued Delegate McDermott.

“We're dealing with folks who don’t have a compass… they're not sure which direction points up” said Delegate McDermott on the House floor this past Saturday.  The bill and its amendments will be heard in the Senate Judicial Proceeding Committee before being voted on in the Senate.





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  • Field Notes
  • Observations and Reflections on Legislative Activities
  • By Delegate Mike McDermott
March 21st-26th, 2011

  • On Monday evening, the House heard Second Reader bills and received a copy of HB-70 and HB-72, the House Budget Bill and the Budget Reconciliation Bill which will be heard on Wednesday afternoon. These documents consist of hundreds of pages and will be difficult to review in such a short amount of time.
  • On Tuesday morning, the House voted on the following bills on Third Reader:


NOTE: (For quick review, check out the bills which have significant vote counts in opposition.)

    Third Reading Calendar (House Bills) #27

HB 31
Third Reading Passed (96-44)
HB 130
Motion Special Order until 3/23 (Delegate Cluster) Adopted
HB 164
Third Reading Passed (126-12)
HB 179
Third Reading Passed (105-33)
HB 197
Third Reading Passed (138-0)
HB 326
Third Reading Passed (139-0)
HB 356
Third Reading Passed (130-9)
HB 404
Third Reading Passed (139-0)
HB 442
Third Reading Passed (98-41)
HB 602
Third Reading Passed (134-5)

Third Reading Calendar (House Bills) #28

HB 647
Third Reading Passed (139-0)
HB 703
Third Reading Passed (136-1)
HB 728
Third Reading Passed (139-0)
HB 748
Third Reading Passed (102-38)
HB 789
Third Reading Passed (139-0)
HB 826
Third Reading Passed (139-0)
HB 830
Third Reading Passed (140-0)
HB 838
Third Reading Passed (140-0)
HB 842
Third Reading Passed (138-1)
HB 848
Third Reading Passed (139-0)

Third Reading Calendar (House Bills) #29

HB 863
Third Reading Passed (139-1)
HB 887
Third Reading Passed (140-0)
HB 947
Third Reading Passed (139-0)
HB 966
Third Reading Passed (140-0)
HB 982
Third Reading Passed (139-0)
HB 1030
Third Reading Passed (139-0)
HB 1047
Third Reading Passed (140-0)
HB 1109
Third Reading Passed (140-0)
HB 1137
Third Reading Passed (133-5)

  • On Tuesday, the following bills were heard in the Judiciary Committee:
  1.  
    1. HB-1327: Increases the penalty for the distribution of Salvia to persons under 21 years of age. The increases have been sought by Ocean City Police as they attempt to battle the use of Salvia by juveniles.
    2. HB-1327: Seeks to change forfeiture laws in Maryland to address certain financial crimes. Currently the law does not allow a prosecutor to attempt seizure of assets from a criminal involved in fraudulent financial dealings. This makes sense in that it gives the prosecutor to do more than simply request restitution for a victim.
    3. HB-1248: Seeks to establish “Earned Compliance Credits” for inmates on Parole and Probation as a means of encouraging parolees to remain out of prison and cut down on recidivism. The program has been utilized in other states, like Texas, with a great deal of success. It has led to a reduction in the prison population in those states and a tremendous cost savings.
    4. HB-1264: Seeks to the penalty of Elder Abuse from 10 to 20 years on a First Degree offense as well as doubling of the fines. It would also place further restrictions on the pretrial release of anyone charged under this statute.
    5. HB-1320: Would remove all credits for “Good Time” or Diminutive credits for a person convicted of a violent crime. It would require any time negotiated by any plea agreement be served in full prior to release from incarceration.
    6. HB-1332: Would create a “Drug Free” zone pilot program for the Anne Arundel County Parks and Recreation Department. It addresses possession of paraphernalia, etc. on park areas designated in the zoned pilot program. The program is similar to the Drug Free School Zones already utilized across the state.
    7. HB-896: Seeks to punish law enforcement officers if they violate the law concerning race based profiling. There was much discussion over this bill. It was clearly indicated that the 10-year study commissioned in Maryland since 2000 that Officers are not discriminating on traffic stop based simply on their race. This did not sway the ACLU from being a big supporter of this bill. This is bad legislation and many from the law enforcement community testified against it.
    8. HB-744: Seeks to introduce the “Arizona Law” into Maryland law which would  provide protection to officers who check the immigration status of a person stopped for another violation. There were differences of opinion, but the idea of securing our state is sound, and our immigration issues are growing exponentially.
  • On Wednesday morning, the House voted on the following bills during Third Reader:

 

    Special Order Calendar

HB 632
Floor Amendment (Delegate O'Donnell) {263128/1 Rejected (50-78)
Floor Amendment (Delegate O'Donnell) {993129/1 Rejected (49-84)
Second Reading Passed with Amendments
HB 130
Third Reading Passed (101-37)

Third Reading Calendar (House Bills) #30

HB 402
Third Reading Passed (111-26)
HB 505
Third Reading Passed (137-0)
HB 510
Third Reading Passed (137-0)
HB 666
Third Reading Passed (137-0)
HB 751
Third Reading Passed (97-37)
HB 817
Third Reading Passed (134-2)
HB 879
Third Reading Passed (138-0)
HB 1041
Third Reading Passed (137-1)

Third Reading Calendar (House Bills) #31

HB 93
Third Reading Passed (97-41)
HB 104
Third Reading Passed (136-2)
HB 111
Third Reading Passed (137-0)
HB 162
Third Reading Passed (138-0)
HB 208
Third Reading Passed (135-3)
HB 320
Third Reading Passed (137-4)
HB 1049
Third Reading Passed (137-0)
HB 1050
Third Reading Passed (132-6)
HB 1072
Third Reading Passed (134-3)

Third Reading Calendar (House Bills) #32

HB 221
Third Reading Passed (122-13)
HB 362
Third Reading Passed (101-37)
HB 392
Third Reading Passed (136-0)
HB 653
Third Reading Passed (138-0)
HB 1116
Third Reading Passed (138-0)
HB 1118
Third Reading Passed (138-0)
HB 1134
Third Reading Passed (113-25)
HB 1223
Third Reading Passed (134-3)

Third Reading Calendar (House Bills) #33

HB 840
Third Reading Passed (138-0)
HB 852
Motion vote previous question (Delegate Minnick) Adopted
Third Reading Passed (98-40)
HB 897
Motion Special Order until 3/24 (Delegate Frush) Adopted
HB 1020
Third Reading Passed (136-0)
HB 1067
Third Reading Passed (136-0)
HB 1082
Third Reading Passed (124-14)
HB 1222
Third Reading Passed (136-2)

Third Reading Calendar (House Bills) #34

HB 163
Third Reading Passed (138-0)
HB 233
Third Reading Passed (137-0)
HB 244
Third Reading Passed (122-14)
HB 253
Third Reading Passed (137-0)
HB 255
Third Reading Passed (139-0)
HB 319
Third Reading Passed (137-1)
HB 499
Third Reading Passed (139-0)
HJ 7
Third Reading Passed (108-31)

Third Reading Calendar (House Bills) #35

HB 519
Third Reading Passed (108-31)
HB 558
Third Reading Passed (138-0)
HB 625
Third Reading Passed (123-10)
HB 671
Third Reading Passed (139-0)
HB 682
Third Reading Passed (135-1)
HB 724
Third Reading Passed (126-12)
HB 730
Third Reading Passed (95-42)
HB 812
Third Reading Passed (133-5)
HB 831
Third Reading Passed (139-0)

Third Reading Calendar (House Bills) #36

HB 241
Third Reading Passed (136-2)
HB 502
Third Reading Passed (139-0)
HB 573
Third Reading Passed (135-4)
HB 921
Third Reading Passed (100-38)
HB 959
Third Reading Passed (139-0)
HB 1174
Third Reading Passed (83-56)

  • Following the morning session, I had a nice visit from the AFP (Americans for Prosperity) group from Worcester County. We gathered in the  Delegation Room for the Eastern Shore and I spent about an hour responding to questions and providing them an overview of our current state of affairs. It was great to see so many interested and concerned citizens including many young people on a Field Trip from an area private school.

 

  • On Wednesday afternoon, the Judiciary Committee conducted a voting session with the following outcome:

 

Favorable: HB-135, HB-407, HB-794, HB-899, HB-1277

Unfavorable:HB-839, HB-896, HB-999

  • On Wednesday afternoon, the House heard the Second Reading of the Budget Bill, HB-70 and the Budget Reconciliation Bill , HB-72. (I will cover the budget in a separate article). The following amendments were offered by the Republican Caucus: Among other things, these amendments would have eliminated millions in over spending, tax payer funded abortions, funds for illegal alien education, and, in short, it would have limited our spending to our projected revenue increase of 3% (not the 11% contained in this budget).

 

Floor Amendment (Delegate Krebs) {563526/3 Rejected (39-95)

Floor Amendment (Delegate Ready) {593628/1 Rejected (39-96)

Floor Amendment (Delegate McMillan) {353024/1 Rejected (42-94)

Floor Amendment (Delegate Vitale) {263626/1 Rejected (52-82)

Floor Amendment (Delegate George) {943020/1 Rejected (44-90)

Floor Amendment (Delegate Parrott) {753026/2

Floor Amendment (Delegate Parrott) Rejected (53-80)

Floor Amendment (Delegate McMillan) {6338241

Floor Amendment (Delegate McMillan) Rejected (11-121)

Floor Amendment (Delegate McDonough) {683129/1 Rejected (55-80)

Floor Amendment (Delegate McDonough) {683129/2 Rejected (49-81)

Floor Amendment (Delegate Simmons) Rejected (20-110)

Floor Amendment (Delegate O'Donnell) {513120/1 Withdrawn

Floor Amendment (Delegate Haddaway-Riccio) {583227/1 Rejected (44-93)

Floor Amendment (Delegate Jacobs) {883328/1 Rejected (41-88)

Floor Amendment (Delegate O'Donnell) {873128/1 Rejected (45-88)

  • On Thursday’s first session, the House voted on the following bills during Third Reader:

 

    Third Reading Calendar (House Bills) #37

HB 145
Third Reading Passed (134-2)
HB 202
Third Reading Passed (125-10)
HB 211
Third Reading Passed (138-0)
HB 346
Third Reading Passed (138-0)
HB 632
Third Reading Passed (91-45)
HB 714
Third Reading Passed (139-0)
HB 784
Third Reading Passed (138-0)
HB 1085
Third Reading Passed (139-0)

Third Reading Calendar (House Bills) #38

HB 1004
Third Reading Passed (137-1)
HB 1105
Third Reading Passed (134-3)
HB 1237
Third Reading Passed (138-0)
HB 1253
Third Reading Passed (138-0)
HB 1274
Third Reading Passed (138-0)
HB 1276
Motion vote previous question (Delegate Minnick) Adopted
Third Reading Passed (118-17)
HB 1292
Third Reading Passed (123-12)
HB 1334
Third Reading Passed (137-0)

Third Reading Calendar (House Bills) #39

HB 4
Third Reading Passed (137-0)
HB 363
Third Reading Passed (137-0)
HB 405
Third Reading Passed (137-0)
HB 437
Third Reading Passed (101-37)
HB 444
Third Reading Passed (139-0)
HB 560
Third Reading Passed (138-0)
HB 736
Third Reading Passed (138-0)
HB 890
Third Reading Passed (137-0)
HB 917
Third Reading Passed (138-0)

  • On Thursday the Judiciary Committee heard the following bills:
  1.  
    1. HB-1255: Would create a mechanism for people with previous convictions for Felony Theft to file for an expungement of the charge after 10-years of not having any issues with the Criminal Justice System. This bill has a few issues that need to be worked out before it is ready for prime time.
    2. HB-1279: Similar to HB-1255 seeks to allow expungement of charges to which a person did not receive a conviction on their record. This had issues raised by several people and is technically very problematic.

 

  • On Thursday, the Judiciary Committee voted on the following bills:

 

Favorable:HB-511, HB-801, HB-859, HB-919, HB-1315, HB-1320

Unfavorable: HB-744, HB-1264

  • On Thursday evening, the House conducted the Third Reading of the Budget Bill and the Budget Reconciliation Bill (HB-70 and HB-72). There was a great and thorough debate and two clear world views emerged on the floor. The ruling party sees no problem with an 11% increase in spending (a billion more than last year) while we only project a 3% increase in revenues. The minority party believes in cutting the deficit and spending while still allowing for moderate growth. In the end, it broke down on party lines with Republicans voting “No” and Democrats voting “Yes” (42-97).
  • On Friday, the House conducted Third Reading votes on the following bills:

 

    Third Reading Calendar (House Bills) #41

HB 40
Third Reading Passed (127-7)
HB 135
Third Reading Passed (117-17)
HB 391
Third Reading Passed (122-15)
HB 407
Third Reading Passed (127-10)
HB 608
Third Reading Passed (137-0)
HB 670
Third Reading Passed (96-41)
HB 675
Third Reading Passed (136-0)
HB 794
Third Reading Passed (137-0)
HB 1016
Third Reading Passed (136-1)
HB 1104
Third Reading Passed (135-0)

Third Reading Calendar (House Bills) #42

HB 1141
Third Reading Passed (138-0)
HB 1156
Third Reading Passed (137-1)
HB 1184
Third Reading Passed (138-0)
HB 1208
Third Reading Passed (137-0)
HB 1212
Third Reading Passed (137-0)
HB 1240
Third Reading Passed (138-0)
HB 1251
Third Reading Passed (137-0)
HB 1252
Motion Special Order until 3/28 (Delegate McIntosh) Adopted
HB 1277
Third Reading Passed (138-0)
HB 1310
Third Reading Passed (108-30)
HB 1347
Third Reading Passed (138-0)

Third Reading Calendar (House Bills) #43

HB 201
Third Reading Passed (137-0)
HB 406
Third Reading Passed (137-0)
HB 421
Third Reading Passed (138-0)
HB 607
Third Reading Passed (137-0)
HB 613
Third Reading Passed (138-0)
HB 660
Third Reading Passed (133-4)
HB 739
Third Reading Passed (137-0)
HB 998
Third Reading Passed (138-0)
HB 1154
Third Reading Passed (112-25)
HB 1168
Third Reading Passed (137-0)

Third Reading Calendar (House Bills) #44

HB 1193
Third Reading Passed (137-0)
HB 1311
Third Reading Passed (136-0)
HB 1315
Third Reading Passed (137-0)
HB 1327
Third Reading Passed (137-0)
HB 1329
Third Reading Passed (137-0)

Third Reading Calendar (House Bills) #45

HB 216
Third Reading Passed (107-30)
HB 823
Third Reading Passed (137-0)
HB 1128
Third Reading Passed (137-0)
HB 1147
Third Reading Passed (135-2)
HB 1218
Third Reading Passed (135-0)

Third Reading Calendar (House Bills) #46

HB 22
Third Reading Passed (137-0)
HB 665
Third Reading Passed (108-29)
HB 992
Third Reading Passed (136-0)
HB 1013
Third Reading Passed (137-0)
HB 1282
Third Reading Passed (136-0)
HB 1343
Third Reading Passed (137-0)

Third Reading Calendar (House Bills) #47

HB 598
Third Reading Passed (136-0)
HB 897