2008 MGA
On this page I detail the 2008 General Assembly voting record of the 188 members of the Maryland General Assembly from my point of view. This year there were a lot of votes that I felt were important, particularly on the Senate side. In each case, the number of votes I used to compile my ratings and rankings set records for their respective legislative bodies.
You can check out the .pdf files of both the House of Delegates and Senate while reading along, they’ll come up in a new window for your convenience.
How this works
To begin here’s a legend of what each of the letters and numbers mean on the actual grid. Keep in mind that a “perfect” score would be 100.
Y or N in bold means that I agreed with the particular vote. Conversely if the letter’s not bold I disagreed. For the House of Delegates each correct vote out of the 26 I selected is worth 3.85 points, Senators receive 2.86 points for correctly voting on each of the 35 selected votes.
NV or a - means that the Delegate or Senator did not cast a vote but was present to do so. Because I believe that one should vote when they have the opportunity and not be ducking the vote for political reasons, I deduct points for not voting. House members who shirk their responsibility are docked 1.92 points while Senators lose 1.43 from their score. Because of space limitations I had to use the dash (-) on the Senate pages.
A designates a Delegate or Senator being absent. While I’d love to see perfect attendance, people get sick or have situations come up where absence is unavoidable. Because of that, I only docked House of Delegates absentees 0.96 points and Senators 0.71 points.
For the House of Delegates only, a star (*) after the vote signifies that the Delegate changed his or her vote. I treat this in two ways: if a Delegate changed his or her vote to agree with me, they receive half-credit (or 1.92 points). If they flip the opposite way after being correct, I hammer them with an extra deduction – in this case the deduction is a severe 5.77 points.
The bills in question
HB364/SB269 – Speed Monitoring Systems – Statewide Authorization and Use in Highway Work Zones
Why I’d vote no: Like red light cameras, there’s no evidence that can be used in a criminal court so this would only be a civil fine and no points on your license. Enforcement of these laws should be witnessed by a human being, not a camera that is capable of taking the wrong picture.
Disposition: HB364 passed the House of Delegates 89-46 (Vote #518) and the Senate 27-20 (Vote #1064); however, no vote was taken after a conference committee was appointed and the bill lapsed at sine die. SB269 also passed both bodies by similar margins, I chose to use the two HB364 votes.
HB368/SB268 – Regional Greenhouse Gas Initiative – Maryland Strategic Energy Investment Program
Why I’d vote no: We all know electricity costs money and people should strive to make their homes as energy-efficient as they wish to, but should it be up to the state to target money for this purpose or establish yet another pot of cash that is bound to a particular program?.
Disposition: HB368 passed the House of Delegates 108-25 (Vote #1291), passed the Senate 30-17 (Vote #1229), and was approved by Governor O’Malley on April 24, 2008. Similarly, SB268 passed both bodies with similar margins and was approved by the Governor – I chose to use the HB368 votes.
HB370/SB211 – Statewide DNA Database System – Crimes of Violence and Burglary – Sample Collections on Charge
Why I’d vote no: I understand the argument about collecting DNA evidence when the accused is apprehended in order to possibly clear other crimes committed by the assailant. However, in America we are still innocent until proven guilty and one does not forefit their right to not incriminate themselves. Unlike a DWI stop where one can refuse a breathalyzer test at pain of the confiscation of their drivers’ license, being a citizen and innocent until proven otherwise is a right, not a privilege.
Disposition: HB370 passed the House of Delegates 135-3 (Vote #586) and passed the Senate 35-12 (Vote #1220), but did not survive a conference committee. SB211, which passed with similar margins, was approved by Governor O’Malley on May 13, 2008. I used the HB370 votes in my survey.
HB374/SB205 – EmPOWER Maryland Energy Efficiency Act of 2008
Why I’d vote no: As I’ve mentioned before on numerous occasions, you cannot conserve your way to economic growth. Establishing an artificial and difficult-to-attain goal of a 15% reduction in electrical use is no way to grow an economy. It also charged an extra assessment in FY2009 to utilities to put this act into service.
Disposition: HB374 passed House of Delegates 101-33 (Vote #1292), passed the Senate 33-13 (Vote #1230) and was approved by Governor O’Malley on April 24, 2008. SB205 passed the House and Senate with similar margins but wasn’t presented to the Governor, so I opted to use the HB374 vote in this case.
O’Donnell Amendment (HB374 – House of Delegates): Provided for written consent of a consumer before an electric utility could install a “smart” meter.
Why I’d vote yes: While the electric company provides the service and the metering, the permission of the customer should be granted before any change is made.
Disposition: Failed 47-90 (Vote #835).
HB947/SB646 – Credit Regulation – Debt Management Services
Why I’d vote yes: This bill allowed private individuals to enter a field that had previously only been open to nonprofits. It was a rare win for business in Maryland because the bill allows entrepreneurship.
Disposition: HB947 passed the House of Delegates 106-30 (Vote #981), the Senate 39-8 (Vote #1231), and was approved by Governor O’Malley on May 22, 2008. SB647 passed with somewhat greater margins in both the House and Senate and was similarly approved by Governor O’Malley. I used the House votes in my chart.
Bobo Amendment (HB947 – House of Delegates): Delayed the effective date of this bill to 2010.
Why I’d vote no: There’s no need to not allow this change to happen in 2008. Most other times when things could wait the majority wants them yesterday.
Disposition: Failed 27-107 (Vote #939).
HB1056 – Wetlands and Waterways Program Fees
Why I’d vote no: Because it’s another tax on development that will be paid for by the end user. Certainly a fee that’s maximized at $6,000 isn’t a large burden, but it’s a burden nonetheless.
Disposition: Passed House of Delegates 126-12 (Vote #1240), the Senate 37-10 (Vote #1154), and was approved by Governor O’Malley on April 24, 2008.
HB1111/SB614 – Maryland Commission on Capital Punishment
Why I’d vote no: If we actually had capital punishment once in awhile this might make a little more sense. However, with the lack of executions going on we already have a de facto ban on the practice despite the number of dangerous criminals on Death Row just waiting to escape and wreak havoc.
Disposition: HB1111 passed the House of Delegates 89-49 (Vote #1210), passed the Senate 33-14 (Vote #1226), and was approved by Governor O’Malley on May 13, 2008. SB614 passed both bodies by similar margins and was similarly approved by Governor O’Malley – I chose to use the (slightly) later votes on HB1111.
HB1253/SB844 – Chesapeake and Atlantic Coastal Bays Critical Area Protection Program – Administrative and Enforcement Provisions
Why I’d vote no: Perhaps the bill has merit in making enforcement more consistent statewide; however, I have objections to doubling the buffer area of land in certain instances, the “soft shoreline” provisions, and the overly punitive nature of penalties. Originally the bill would have allowed the state free rein to inspect construction sites as well, one of the amendments addressed this issue.
Disposition: HB1253 passed the House of Delegates 119-15 (Vote #1088), passed the Senate 41-6 (Vote #1011), and was approved by Governor O’Malley on April 24, 2008.
Simonaire Amendment (HB1253 – Senate): Placed the burden of proof on the state to prove infractions were “knowing and willful.”
Why I’d vote yes: I still think in America that one is innocent until proven guilty. Sometimes innocent mistakes are made in construction, and this amendment would have allowed for the possibility rather than just punishing the owner or contractor.
Disposition: Failed 15-29 (Vote #974).
Stoltzfus Amendment 1 (HB1253 – Senate): Would have made local authorities get permission from the landowner to enter their property, except in certain cases.
Why I’d vote yes: To me, it’s similar to having to attain a search warrant for law enforcement to search your property – reasonable cause has to be established.
Disposition: Failed 15-29 (Vote #975).
Stoltzfus Amendment 2 (HB1253 – Senate): Would have reduced the buffer zone from tidal waters or wetlands in new developments from 300 feet to 150 feet.
Why I’d vote yes: To reduce the amount of private property placed under state restriction.
Disposition: Failed 19-27 (Vote #976).
Colburn Amendment (HB1253 – Senate): Similar to Stoltzfus Amendment 2, but the limit was decreased to 200 feet.
Why I’d vote yes: For the same reason.
Disposition: Passed 32-14 (Vote #1010) and was included in final bill.
HB1627/SB1014 – Election Law – Special Congressional Election
Why I’d vote no: While I serve on a Central Committee and wouldn’t mind the power to determine who Congressional candidates would be, it should be up to district voters to decide in a primary election.
Disposition: HB1627 passed the House of Delegates 100-30 (Vote #1300), the Senate 42-4 (Vote #1299), and was approved by Governor O’Malley April 17, 2008. SB1014 passed both houses with similar margins but was vetoed as duplicative by Governor O’Malley on May 22, 2008. I used the HB1627 votes.
SB46 – Budget Financing Act
Why I’d vote no: The final version of the bill eliminated the “tech tax” from 2007’s Special Session but replaced it with a “millionaire’s tax” which increased the percentage of taxable income for certain taxpayers. I believe in a fair and flat tax, this bill warped the tax system in Maryland even more.
Disposition: Passed House of Delegates 93-44 (Vote #1127), passed the Senate 30-17 (Vote #947), and was approved by Governor O’Malley on April 8, 2008.
O’Donnell Amendment (House of Delegates): Eliminated the “millionaire’s tax” and substituted certain budget cuts.
Why I’d vote yes: It’s called fiscal responsibility and the state doing without for once.
Disposition: Failed 43-94 (Vote #1093).
Barkley Amendment (House of Delegates): Similar in intent to the O’Donnell Amendment with a more general budget cut figure of $114 million.
Why I’d vote yes: See O’Donnell above.
Disposition: Failed 57-78 (Vote #1094).
Brinkley Amendment 1 (Senate): Altered the amount of money diverted to the Transportation Trust Fund, and eliminated the “millionaire’s tax”.
Why I’d vote yes: See O’Donnell above.
Disposition: Failed 13-34 (Vote #937).
Brinkley Amendment 2 (Senate): Same as above without the Transportation Trust Fund alteration.
Why I’d vote yes: It still got rid of the “millionaire’s tax”.
Disposition: Failed 17-30 (Vote #938).
Brinkley Amendment 3 (Senate): Eliminated the “millionaire’s tax” and authorized the transfer of $114 million from the Maryland Automobile Insurance Fund to the General Fund during FY2009.
Why I’d vote yes: We have $114 million lying around in what fund?
Disposition: Failed 10-37 (Vote #939).
Brinkley Amendment 4 (Senate): Eliminated the “millionaire’s tax”, increased cuts of $50 million at the Governor’s discretion in Committee amendments to $100 million and cut $64 million from the General Fund.
Why I’d vote yes: Once again, we present an alternative to more tax and spend.
Disposition: Failed 18-29 (Vote #940).
Brinkley Amendment 5 (Senate): Eliminated the “millionaire’s tax” and made up the difference partly from the Medicare Rate Stabilization Account and partly from the portion of the Chesapeake Bay 2010 Trust Fund coming from the Transportation Trust Fund.
Why I’d vote yes: Can’t blame a guy for trying, can you?
Disposition: Failed 14-33 (Vote #941).
SB90/HB100 – Budget Bill (Fiscal Year 2009)
Why I’d vote no: Because there were too many spending increases and not enough breaks for the average overworked Maryland wage earner. The Republicans offered a smaller alternative budget that would have simply slowed the rate of increase for many programs and not needed tax increases to fund.
Disposition: HB90 passed the House of Delegates 109-31 (Vote #1100) and the Senate 38-7 (Vote #1041). It was enacted in accordance with the Maryland Constitution on April 5, 2008.
McConkey Amendment (SB90 – House of Delegates): Zeroed out funding for stem cell research.
Why I’d vote yes: For the most part I’m not in favor of government-sponsored research and this is one case where there’s no compelling need for the government to be funding research that the private sector can handle just fine. It’s also not clear whether the money goes to embryonic stem-cell research or not.
Disposition: Failed 39-96 (Vote #409).
O’Donnell Amendment (SB90 – House of Delegates): Made a number of cuts to the budget in an effort to not need to touch the Revenue Stabilization Fund.
Why I’d vote yes: This would provide a leaner budget that’s more taxpayer-friendly.
Disposition: Failed 38-100 (Vote #410).
Haddaway Amendment (SB90 – House of Delegates): Another program of cuts to offset the money expected from the computer services tax that was repealed in SB46.
Why I’d vote yes: See O’Donnell above.
Disposition: Failed 42-95 (Vote #411).
McDonough Amendment (SB90 – House of Delegates): Cut the salaries of those on the Public Service Commission.
Why I’d vote yes: Largely symbolic, but sometimes a thumb in the eye of your opponents is necessary.
Disposition: Failed 35-93 (Vote #415).
Brinkley Amendment (SB90 – Senate): Another series of cuts to eliminate the need for the computer services tax, taken from the General Fund at the Governor’s discretion.
Why I’d vote yes: Again, this is a vote for fiscal sanity.
Disposition: Failed 19-26 (Vote #373).
Greenip Amendment 1 (SB90 – Senate): This amendment did not cut any money, but prohibited the Maryland Higher Education Commission from expending any funds to translate or print any written materials in Spanish.
Why I’d vote yes: Generations of immigrants became Americans in part because of immersion in the English language; this practice should be continued and encouraged.
Disposition: Failed 7-31 (Vote #377).
Greenip Amendment 2 (SB90 – Senate): Established that Family Planning Program funding be prioritized toward entities that do not promote or perform abortions.
Why I’d vote yes: Even with my libertarian leanings, to me the right to life of the unborn child trumps the right to choice of the mother whether to terminate her pregnancy or not. Do no harm to others.
Disposition: Failed 16-28 (Vote #378).
Mooney Amendment (SB90 – Senate): Similar to the McConkey Amendment that was voted on in the House of Delegates.
Disposition: Failed 18-27 (Vote #379).
Harris Amendment (SB90 – Senate): Zeroed out a capital appropriation to CASA de Maryland for a building renovation.
Why I’d vote yes: Advocacy is one thing, encouraging a particular group to break the law is another. CASA de Maryland has encouraged illegal aliens to not cooperate with law enforcement and continue to break the law.
Disposition: Failed 16-29 (Vote #380).
SB111/HB528 – Hate Crimes – Prohibitions and Protected Classes – Homeless Persons and Groups
Why I’d vote no: First of all, crime is crime regardless of the feelings of the perpetrator toward the victim. To me this bill is an endorsement of group rights over individual rights. It was argued to me that adding more and more groups eventually makes the designation of “hate crime” meaningless, but I disagree.
Disposition: Neither bill had a vote in the House of Delegates, SB111 passed the Senate 40-4 (Vote #229).
SB131/HB178 – Municipal Corporations – Hotel Rental Tax
Why I’d vote no: While it only authorizes municipal corporations to enact their own tax, in this economy and in a state where portions therein depend heavily on tourism, the time’s not right for new taxes of this type.
Disposition: SB131 passed the House of Delegates 100-35 (Vote #1131), passed the Senate 30-15 (Vote #1235), and was approved by Governor O’Malley April 24, 2008. HB178 did not receive a vote in either body.
SB203/HB367 – Transfer of Adult Education, etc. to the Department of Labor, Licensing, and Regulation
Why I’d vote no: To me, there’s little good reason to segregate adult education from the remainder of the educational establishment, particularly when Maryland’s system is so highly rated nationally. The argument for doing so is not convincing.
Disposition: SB203 passed the House of Delegates 90-48 (Vote #1219), passed the Senate 31-15 (Vote #821), and was approved by Governor O’Malley April 24, 2008. HB367 did not receive a vote in either chamber.
Shank Amendment (SB203 – House of Delegates): Would have converted the bill into a study regarding the feasibility of this change.
Why I’d vote yes: I don’t favor the move in the first place, but a study could either change my mind or kill the idea entirely.
Disposition: Failed 47-88 (Vote #1162).
SB208/HB376 – High Performance Buildings Act
Why I’d vote no: While I think buildings should be as energy-efficient as possible, I don’t believe in mandating that buildings comply with a standard which goes into other areas of social engineering. For now, the state picks up 50% of the extra incurred cost to local school districts but that’s only for the next five years.
Disposition: SB208 passed the House of Delegates 134-6 (Vote #976), passed the Senate 40-5 (Vote #541), and was approved by Governor O’Malley on April 24, 2008. HB376 passed both bodies by similar margins but was not presented to the Governor.
SB239/HB1256 – Homestead Property Tax Credit
Why I’d vote yes: This bill would have eliminated the form that needed to be filled out to retain the Homestead Property Tax Credit, reverting back to the practice in previous years where no form was needed.
Disposition: No vote in House of Delegates for either bill, SB239 passed the Senate 42-4 (Vote #459).
SB309/HB712 – Global Warming Solutions – Reductions in Greenhouse Gases
Why I’d vote no: Because it’s pure folly to think that Maryland can tackle a (so-called) problem to which it contributes a fraction of a percent; meanwhile wrecking the manufacturing economy in our state to comply. Yes, I’m a manmade climate change skeptic.
Disposition: No vote for either bill in the House of Delegates, SB309 passed the Senate 31-16 (Vote #657).
SB383 – Tobacco Tax – Moist Snuff
Why I’d vote no: Part of this bill would shift money away from the General Fund to the Cigarette Restitution Fund. On the one hand, we tell people not to use tobacco and on the other we derive tax revenue from it, money that we depend on to address health issues. Nor do we need yet another tax hike.
Disposition: Did not receive a vote in the full House of Delegates (passed committee), passed the Senate 26-18 (Vote #628).
SB442 – Environment – Clean Air Permit Fees
Why I’d vote no: It’s pick on utilities again, and another cost they’re forced to pass on to their consumers. This doubles the previous fee, allows for indexed automatic increases, and raises the limit allowed in the Maryland Clean Air Fund.
Disposition: Passed House of Delegates 96-39 (Vote #1315), passed Senate 32-14 (Vote #315), and approved by Governor O’Malley April 24, 2008.
SB566/HB733 – Health Care Facility Visitation and Medical Decisions – Domestic Partners
Why I’d vote no: I don’t have a truly logical argument against the bill, but to me it seems to be the start of a slippery slope toward civil unions or gay marriage. It’s just a gut feeling I have that marriage should be between a man and a woman; however, had the amendment below passed I may have felt differently about the bill.
Disposition: SB566 passed House of Delegates 88-46 (Vote #966), passed the Senate 30-17 (Vote #473), and was approved by Governor O’Malley May 22, 2008. HB733 was withdrawn before any votes were cast.
Greenip Amendment (SB566 – Senate): Changed the terminology used from “domestic partners” to “cohabiting adults”.
Why I’d vote yes: I think the idea of the amendment would be to cover cases where opposite-sex couples, usually widowed and/or seasoned citizens, live together without being married in order to maximize their income potential. If anything, they should have more right to make these decisions than same-sex couples.
Disposition: Failed 16-29 (Vote #439).
SB817/HB1447 – Maryland Individual Tax Preparers Act
Why I’d vote no: This bill has the polar opposite effect of HB947/SB646 above, discouraging entrepreneurism by regulating the tax preparer industry in favor of large conglomerates. Certainly there are some who don’t know what they’re doing and shouldn’t be in the business for hire, but the market can weed them out.
Disposition: Passed House of Delegates 112-27 (Vote #1283), passed Senate unanimously (vote not used for chart), approved by Governor O’Malley May 22, 2008.
Now what you’ve all been waiting for – Awards and Dubious Distinctions
I’ll start with the dubious distinctions, or what I call the Reasons To Adopt Recall. These legislators were the worst at taxing, spending, and generally taking away what little freedom we still have to do with our money and property as we wish. In the House of Delegates this group all had a zero or negative rating; in the Senate they rated less than 10. It’s my belief that each and every one of these folks needs to be thrown out in 2010, and I don’t care what the voter registration numbers in their district are!
What’s really sad is the sheer number of legislators on this list. There’s so many that, in order to save space I’ll just do last names. You’ll see why they deserve scorn after reading the voting records. Note that names with an asterisk (*) are second-time dishonorees because they made the 2007 list as well.
Delegates: Anderson, Benson, Carter, Donoghue, Glenn, Hubbard, Hucker*, Levi, MacIntosh, Mizeur, Nathan-Pulliam*, and Pena-Melnyk.
Senators: Conway*, Currie*, Exum*, Frosh, Gladden*, Harrington, Kelley, Lenett, McFadden*, Middleton, Miller*, Pinsky*, Pugh*, Raskin, Robey*, and Rosapepe*.
While this hall of scorn comprises 8.5% of the House of Delegates (down from 12.8% in 2007), the share of Senators on the list increased from 29.8% to a truly stupefying 34.0 percent.
And then we have the RINO Huntee, the legislator who’s best at selling out to the Democrats and voting with them as they raise taxes and increase spending – all to suck up and maybe get a few crumbs for his or her district. In 2008, the person with that target on his or her back was:
Delegate D. Page Elmore, District 38A. Page is now a two-time “winner” of this award, and this year was outranked by five Democrats, including the two honored in the next category.
Turning to awards, next up is what I call the Top (Blue) Dog Award, given to the Democrat who best reaches across the aisle and votes with those of us who believe in limiting government while maximizing freedom – unfortunately, most of the time here in Maryland that vote is in vain. Nevertheless, my Top (Blue) Dogs for 2008 are:
Delegates Kevin Kelly (District 1B) and Joseph J. Minnick (District 6), who tied with the exact same rating. Kelly is now a two-time Top Blue Dog honoree.
I also have a group who I’ve dubbed the Legislative All-Stars. In most cases they score over 90% but also include at least the top scorer in a body who doesn’t make that threshold. They are the cream of the Maryland crop and those of us who desire a more sensible, limited state government would do well to have one like each of these men and women in every General Assembly seat. And I’m pleased that the ranks have grown from just four All-Stars in 2007 to seven in 2008. These honorees are:
Delegates Joseph C. Boteler III (District 8), Warren E. Miller (District 9A), Christopher B. Shank (District 2B), and Senators Janet Greenip (District 33), Andrew P. Harris (District 7) and Alexander X. Mooney (District 3). All three Senators are being honored for the second straight year, and another 2007 Legislative All-Star is my pick for 2008 Legislator of the Year.
So who is the winner of the coveted monoblogue award for the 2008 Legislator of the Year?
Along with Delegates Boteler and Miller, this man managed to achieve the highest rating for the 2008 General Assembly session. Because the three managed to all tie for the year’s top rating, the tie-breaker becomes the overall term rating, which became the basis for selection.
The 2008 monoblogue award goes to - Delegate Anthony J. O’Donnell (District 29). We couldn’t have a better person as the Minority Leader in the House of Delegates and hopefully 2010 will bring more Delegates to lead.
Please note that the opinions expressed on monoblogue are not necessarily those of the Wicomico County Republican Party Central Committee, of which I'm a member. (But they probably should be.)
News from the loony left:
