A lack of ink in the veto pen

I have generally associated Friday afternoon before a holiday weekend news dumps with the party of our current President, but Governor Hogan took advantage of the impending holiday weekend to announce he’s allowing 39 Senate and 45 House bills to become law without his signature. Hogan is vetoing just six bills at the end of this session, with two of them being crossfiled versions of a bill that would increase renewable energy mandates that will be featured on my monoblogue Accountability Project. In his veto letter for HB1106/SB921, Hogan conceded the idea was sound but that this measure took things too far when ratepayers are already shelling out a collective $104 million in compliance fees in 2014, the last year for which data was available.

The renewable portfolio standard wasn’t the only mAP bill Hogan vetoed – two other ones had to do with transportation and the fallout from Hogan’s decision to pull the plug on Baltimore’s Red Line. Back in April, Hogan vetoed the infamous Maryland Open Transportation Investment Decision Act of 2016 only to have General Assembly Democrats rise up and override him. The veto vote was the one I used for the HB1013 slot of the mAP.

Hogan also chastised General Assembly Democrats for their support of SB907, which would have mandated a $75 million annual payment toward a replacement for the Harry W. Nice Memorial Bridge, which carries U.S. 301 over the Potomac River between Maryland and Virginia. Hogan noted that this project is already in the pipeline, calling the legislation “absolutely unnecessary.” This will also be an mAP vote.

A third bill that I didn’t use as an mAP vote – but which also deals with transportation – was HB1010, which would have created the Maryland Transit Administration Oversight and Planning Board. Governor Hogan called it “a sophomoric attack on sound transportation policy,” noting also that the board would be stacked with members from the urban counties.

The other two bills Hogan vetoed were comparatively minor. One dealt with a proposed mixed-use project at Morgan State University in Baltimore, while the other claimed the proposed Maryland Education Development Collaborative ran afoul of the state constitution by placing General Assembly members in a position where they would be doing executive functions.

I’m sure some part of the equation whether Hogan vetoed the bills or not had to do with the likelihood of a veto being sustained, so here are the margins of passage for each of these bills:

  • HB1106: House 92-46, Senate 32-14. Override possible by 11 votes in House, 5 in the Senate.
  • SB921: Senate 31-14, House 91-48. Override possible by 5 votes in Senate, 9 in House.
  • SB907: Senate 33-12, House 90-50. Override possible by 7 votes in Senate, 7 in House.
  • HB1010: House 87-51, Senate 28-19. Override possible by 6 votes in House, but Senate can uphold veto if all 19 maintain their votes.
  • SB540 (Morgan State): Senate 41-0, House 113-22. Override likely: Senate would need to find 19 votes and House 35.
  • SB910 (MEDC) passed without objection in both houses, but will likely have GOP support for a veto. If so, they need 5 Senate Democrats or 7 House Democrats to join them.

Given those results, I’m quite disappointed Hogan didn’t veto more bills. Not only does it put Democrats on record opposing a popular centrist governor, but it also slows down the General Assembly and hopefully makes the more centrist members of the majority rethink their support of bad legislation. It was pointed out to me recently that Hogan won 71 legislative districts but only 50 Republicans were elected to the House – thus, in theory the GOP can get a majority for the first time in generations in 2018. Dream big. (Sometime I should look into this claim.)

One other issue with this is that Hogan’s slow veto deliberations removed any opportunity to petition the most egregious legislation to referendum. However, I say this knowing that we aren’t taking advantage when opportunity knocks – I honestly believe felon voting should have been petitioned to referendum (as an act this year thanks to the veto override vote, it could have.)  Let’s see if 80 percent really oppose it.

So it will turn out that the vast majority of bills on my mAP – all of which I opposed for the floor vote – will become law anyway. I think we’re reaching way too far across the aisle in this state considering how little we get in return, so in my view Hogan should have really played hardball. At some point a number of these bills are going to bite us, but now we won’t even get the luxury of a repreieve for a few months. Thanks, Larry.

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