Immigration sure to produce fireworks in General Assembly

Over the next week, Maryland’s contentious budget battles will have some competition in the acrimony department as foes of illegal immigration do battle with support groups like CASA de Maryland and the National Capital Immigrant Coalition.

At stake are bills dealing with the reporting requirements for detained criminal suspects and convicted prisoners already in the penal system related to their immigration status, broadening the scope of local law enforcement to enforce federal immigration laws similar to the 287(g) program already in use by Frederick County, an effort to codify into law that non-citizens aren’t permitted to be registered as part of so-called “motor voter” registration, and English-only laws for both Baltimore and Harford counties.

(continued at my Examiner.com site…)

Ideas for the right direction

On Thursday the BrinkleyPipkin budget reduction act (in Maryland that’s SB1004, Budget Reconciliation and Balancing Act) had its hearing. When I got the release on this hearing this was the part which jumped out at me:

The Brinkley-Pipkin budget reduction act had a hearing before the Senate Budget and Tax Committee today. By taking significant steps to further reduce spending in this year’s budget process, the Brinkley-Pipkin plan buys additional time to constrain spending to the existing available revenues without the need to raise taxes.
 
A key feature of the plan is the elimination of built-in statutory increases in state programs. This feature and an additional $75 million in spending constraint over the next three years would allow current revenues to “catch-up” with spending, thereby bringing ongoing spending and revenues into balance.

Many lobbyists and county officials testified today against additional cuts to state spending. Representatives of unions also opposed the Brinkley-Pipkin plan of additional cutbacks including the removal prevailing wage from state projects. The majority of citizens and taxpayers who testified supported all efforts to cut back government overspending. (Emphasis mine.)

So once again we have the government and big-government interests (i.e. the lobbyists) vs. the people. The information I was provided also had a chart showing the difference between our current budget path (which will certainly lead to higher taxes) and the Brinkley-Pipkin projections.

In theory, at least, the Republicans’ proposal not only balances the budget but creates a small surplus.

Obviously the counties were there to argue that the budget would be balanced on their backs and perhaps they have a point. But this should also lead the local governments into an effort to prioritize what services they wish to deliver, with the public being involved by determining how much they want to pay. For example, it would fan the flames of the ongoing debate here in Wicomico County regarding the revenue cap the county currently employs.

Government cannot co-exist with a free society as a cure-all. Every dollar taken out of your pocket to pay for services they wish to deliver is a dollar that you cannot use as you wish, despite the fact it was freely given to you. (In more and more cases, however, that dollar was given to you by the same government who wishes to take it away.)

It’s way beyond time to consider that role government has to play and amend it accordingly. Maybe not all of the cuts in the Brinkley-Pipkin proposal are wise, but they can begin this vital discussion of the role our state government plays in our lives.

Robbing Peter (and John, David, Mary, etc.) to pay Paul

One criticism I’ve had about Maryland’s budget system is its lack of flexibility. There are a lot of money pots out there besides the General Fund, and Martin O’Malley seems to want to take money out of every one of them to balance his FY2011 budget. This from Americans for Prosperity:

As you know, the Senate Budget & Taxation Committee will be holding a public hearing this Wednesday on SB141. This bill, the Budget Reconciliation and Financing Act, will transfer nearly $1 BILLION from the state’s 382 special funds to cover Gov. O’Malley’s budget deficit.

(snip)

One of the funds Gov. O’Malley is proposing to raid is the Transportation Trust Fund (TTF). Started in 1971, the TTF is the account used to pay for road, bridge and infrastructure repairs. It is primarily funded by the gas tax – each time you fill up at the pump, you are contributing to road repair…or so you thought. This year, O’Malley has decided to take $125 million of those taxes and use it to paper over his $2 billion deficit.

Stealing from the Transportation Trust Fund becomes even more problematic next year, because the TTF is already under-funded. When the fund runs dry you can bet that the liberal politicians will want to raise taxes. Senate President Mike Miller has been pushing the idea of a gas tax hike for the last few years.

Another fund that O’Malley has decided to attack is the Injured Workers Insurance Fund (IWIF). IWIF is a low-premium insurer for many businesses who provide workers compensation to employees. It is financed by the premiums each policy holder pays on a quarterly basis.

Not only is the legality of the state confiscating $26 million from a private insurance company in question, but this move will hurt small businesses. Again, when the fund is drained, the premium rates will rise to replace the stolen revenue.

Small businesses are the engine of our state economy – they employ nearly two-thirds of the workforce in Maryland. If we expect an economic recovery with job growth, the government cannot continue to put undue burdens on businesses. The last thing small businesses need right now is to be paying higher insurance premiums or gas taxes.

382 special funds in the Maryland budget? WTF? Anyway, the Maryland Senate Republican Caucus also weighed in:

Entering the 2010 legislative session, there were few remaining reserve funds left to tap. They have all been depleted. O’Malley has exhausted all available reserves except for the Rainy Day Fund. Tapping the Rainy Day could jeopardize the coveted Triple A bond rating which would cause great embarrassment to the administration.

So O’Malley turned to the Injured Workers Insurance Fund to tap a reserve of $20 million. Problem is – the IWIF reserve is not state money. It is not taxpayer dollars. Instead it is overpayments of insurance premiums from small businesses throughout the state.

Then is it legal? A 1968 opinion of the Attorney General’s Office states that reserve funds of the State Accident Fund (IWIF’s predecessor) are not state funds accessible for general purposes. Established as a nonprofit insurance company, IWIF is a quasi-public agency and state use of insurance overpayments as a fund swap would be unconstitutional.

To cover their tracks, the O’Malley Administration has now introduced bills (Senate Bill 507 and House Bill 1008) that would give the Governor authority to transfer the $20 million this year just as long as it’s never done again. Go figure!

So, not only do we have the BRFA bill but now another bill in order to fix things for this year. Sheesh.

The larger question is what we’ll need to do next year to fill in all of these pots. With the federal portion of the state budget now eclipsing 60 percent, one would think that Barack Obama may bail out his cohort if he’s reelected this November. But with these funds come strings and that lack of flexibility will probably preclude O’Malley being able to make up the shortfalls with federal money next year.

Three years ago, Governor O’Malley called a Special Session to address this issue and its result was a number of tax increases which were supposed to correct the state’s structural deficit. However, the increase in the sales tax, cigarette tax, and a (since-repealed) “tech tax” on computer services were counterbalanced by a huge increase on spending which attempted to bring health insurance to thousands more Marylanders.

To the surprise of everyone – except those with a little bit of economic common sense – these new levies didn’t bring in as much money as the so-called experts predicted. In all that’s not so bad, but other previous taxes like property and real estate transfer taxes also declined. Making matters worse (but certainly not unexpected) is the outflow of capital due to the “millionaire’s tax” – again, from the Senate GOP Caucus:

According to an Associated Press article posted at Examiner.com, Montgomery County has experienced a 27% decline in tax returns from high income earners. This decline has contributed to a loss of $4.6 billion in taxable income: “County Executive Isiah Leggett says some wealthy residents who own homes in other states are establishing residency elsewhere. Officials believe the state’s millionaire tax is a factor.”

You think?

Unlike the perception progressives attempt to create about TEA Partiers as people who want to get government services without paying for them (a description more apt for Democrat voters,) most don’t mind paying a fair share in taxes. But what we want in return are efficient services which perform necessary functions, and too often we find that government at all levels fails to deliver on one or both sides of the equation.

If Martin O’Malley truly decided to live within his means, he would gain the intestinal fortitude to make cuts such as the insurance program he started. Obviously it’s a decision which affects a large number of people, but so would increasing taxes and fees. Raising the gas tax, for example, would disproportionately affect poor and middle-class Free Staters and rural residents like those on the Eastern Shore would pay more of a toll than city residents along the I-95 corridor.

One issue sure to come up in this year’s campaign will be fiscal accountability, and while Bob Ehrlich wasn’t the poster child for frugality the state was in much better financial shape when he left office than the potential mess he inherits should he be re-elected for a second, non-consecutive term.

Perhaps a solution would be to bring in some solid fiscal conservatives for the General Assembly in with Ehrlich, hopefully to keep his free-spending tendencies in check. Mark my words, if Martin O’Malley is reelected 2011 will be a rerun of 2007 – a session devoted to raising taxes and killing off whatever recovery the state is scratching out by then.

Perhaps correct but symbolic

This comes from Delegate Don Dwyer, who represents Anne Arundel County in the General Assembly. He’s seeking to impeach current Attorney General Doug Gansler for a recent decision of his:

On Wednesday, February 24, 2010, the Attorney General released an official opinion allowing out of state same sex marriages be recognized under Maryland law. This action circumvents and usurps the authority of the Maryland General Assembly.

In 2007, after months of discussion and debate, Maryland’s High Court determined that the issue of same sex marriage was up to the General Assembly to decide.

By his actions today, the Attorney General has clearly violated his oath of office and has usurped the authority of the General Assembly.

Delegate Dwyer said, “Attorney General Gansler has violated the public trust by his actions and he will be held accountable.”

It goes without saying that this won’t go far as Republicans don’t have the necessary votes to bring the impeachment matter through. But it also brings out the differences of opinion regarding marriage and perhaps is a legitimate question about the separation of powers.

At its root, this is a case where the public sentiment may not be reflective of the sentiment of the General Assembly. Only its most liberal members would truly want to be on record supporting the concept, while Democrats from more conservative areas like the Eastern Shore and Western Maryland would be squeamish at best to support their fellows along the I-95 corridor should a bill legalizing same-sex marriage come to the General Assembly floor. This is why we haven’t seen that push, particularly in an election year.

So Gansler, in effect, is taking the bullet for his fellow Democrats since his odds of being re-elected in a statewide ballot are significantly higher than those of individual Democrats in conservative-leaning districts. At the moment, there’s no Republican running against Gansler. He also knows that the impeachment demanded by Dwyer won’t stand a chance in the highly partisan General Assembly so the decision was made knowing that he won’t be held accountable for it.

AFP has ‘action packed’ meeting

Tonight, Julie Brewington was speaking to “my favorite people in the world.” I presume that comes after her family, but that was how she opened up the February meeting of Wicomico County’s Americans for Propsperity chapter.

Now that the group had a regular meeting date and location, over 60 attendees had the opportunity to hear a number of speakers in a briskly moving program. One thing the group wasn’t going to do, though, was send a bus to tomorrow’s Blair House meeting even though the national AFP was protesting at the site.

Yet, noted Julie, “if it weren’t for us, health care would’ve passed in June.” Our focus, though, was going to shift a bit to more local issues since “the only votes that matter are at the city, county, and state level” in 2010. “We have power in local issues,” added Julie later.

The two most immediate concerns were finding volunteers to attend city and county council meetings and helping to organize the Salisbury TEA Party April 15 – we need people with “organizational skills.”

The meeting was then turned over to a number of speakers, first up being Ed Urban representing the Wicomico Youth and Civic Center. He started right out by saying he approached the county years ago with the suggestion that these operations be run like a business and they put him in charge of doing so.

Deftly keeping the conversation away from the recent purchase of five acres to expand the Civic Center’s parking lot (better known to my readers as Pollitt’s Folly) Urban instead spoke about the economic impact the WYCC creates along with other aspects of the county’s tourism, parks, and recreation programs.

The tourism department combined with the Civic Center creates $20 million in “rollover” economic impact. The county’s tourism bureau is supported by a room tax of 6 percent, with 2/3 going to pay for tourism programs and 1/6 to help the WYCC. Parks and recreation essentially support themselves through user fees, with the only county fiscal input being that of paying for the administrators.

But Wicomico County still has to subsidize the Civic Center to the tune of around $227,000 a year (averaged over the last three years.) The Civic Center “can be profitable,” Urban stated, but in order to be so the prohibition on alcohol sales there would have to be lifted. He noted that the site was originally slated to be a ballpark for local children, but that was built elsewhere – yet the no-alcohol clause remained.

Urban concluded his remarks by finally addressing the parking issue, saying that the County Council saw the need for additional parking; the only question was cost. There are only 900 spaces on the Civic Center lot, and any event where more than 2,250 attend would require more space. The developers who owned the land the county bought were threatening to charge $10,000 per month rent. (I’d have called their bluff, figuring that $1.5 million is 150 months’ rent.)

I asked Urban about the lifespan of the arena, given that many similar facilities only last 40 to 50 years. Urban thought that with proper maintenance the design was such that it could last several more decades – he “doesn’t see a 40 to 50 year lifespan.”

Speaking for the opposition, County Councilman Joe Holloway then briefly recounted his reasoning for voting against the purchase. It was “not a wise choice” for a number of reasons; in particular he again criticized the county’s method of land acquisition. Joe also noted the real cost to taxpayers would be $2.6 million when improvements are figured in.

Holloway also warned us that “we’re in trouble” financially because of what’s brewing in Annapolis.

John Palmer, president of the local group VOICE, spoke next. After vowing that “we will be going down to the Civic Center” and analyzing their finances, he got to the root of his presentation. In polling the audience and soliciting what we thought key problems were, the consensus was that Wicomico County didn’t spend money wisely – “unnecessary personnel” and an out-of-control Board of Education seemed to get much of the blame.

We could vote the people in charge out, but that would involve getting good people elected and those are tough to find. Instead, the approach VOICE is taking is that of petitioning for redress – “if you take control of the checkbook I guarantee things will straighten out in the county,” Palmer asserted.

The group has two ideas it would like to bring to voters: one is a prohibition on land acquisition and capital projects without the approval of county voters, and the other is reducing the number on County Council from seven to five by eliminating the two at-large posts.

Personally I don’t care for either idea.

In considering the capital improvements proposal, it seems to me that we have a representative government for a reason. While the idea of a referendum for capital improvements seems excellent in the wake of Pollitt’s Folly, the truth is that this would cripple county government’s ability to act in a timely manner. In addition, there would be the expense of frequent elections to consider as the county buys land and improves property on a regular basis.

As far as the changeover from seven County Council members to five, I don’t see where we save all that much in that the duplicity of services we already have would still exist. Obviously there’s a small savings in salaries, but I prefer the idea of having three Council members at my beck and call (my district plus two at-large) rather than one. The chances of having someone who agrees with my point politically are exponentially better this way, although I admit that since Joe Holloway happens to be my district councilman I have a pretty good advocate of my point of view already.

Palmer’s second-in-command, Johnnie Miller, spoke next – but on a completely different subject. He updated us on legislation he and Palmer have authored called the “Green Watt Program.” Based on a program in Tuscon, Arizona, this voluntary program would create a fund to promote energy efficiency. Miller noted Delaware pays a much larger share of costs for renewable energy projects; up to $31,500 for residential and $250,000 for commercial.

But one commentor made the point about government subsidy, and I think it’s a valid point. While it’s Miller’s business to promote solar panels and the like, it’s obvious that people would likely go another route for energy usage if this subsidy in Delaware (where Miller does most of his business) didn’t exist. Obviously Johnnie means well with his proposal, but if this were done by General Electric or some other large corporation we’d call it rentseeking.

Nick Loffer, representing the state AFP, began his remarks by quoting Governor O’Malley from late 2007 – “we passed a fair, long term solution to our budget problems.” Uuuuhhh, no.

His time at the podium was spent alerting us to the fact that the hearing on the Budget Reconciliation and Financing Act (BRFA for short – SB141 to the General Assembly) occurs Wednesday, March 3rd at noon and there would be a bus for those interested in attending the hearing or even testifying. (The bus would leave Salisbury around 9:30 a.m.)

“This is our chance to stop the budget,” opined Nick, otherwise, “a vote for this budget is a vote to raise taxes in 2011.”

Salisbury News blogger Joe Albero was next, and although I found his remarks may have been a bit self-serving he made some valid points. (Perhaps he underestimates the impact other blogs have on the conversation.)

One thing I found interesting – albeit anecdotal, of course – was his claim that Rick Pollitt said, “Joe, that will never happen” when asked if taxpayers would be paying for additional Civic Center parking at the Old Mall site. At the time, a land swap was discussed.

Having gone to Annapolis to watch testimony on sex offender legislation, Albero observed, “things are no different in Annapolis” than they are here. “I could do this (be a Delegate or local legislator),” Joe continued, but “I’m only one voice (out of many).” As commenters on his site, “we have an incredible impact on local government.”

“Things are turning around for the better,” said Joe, but we need to stay united. He relayed the fact that General Assembly Republicans had put up a budget alternative saving almost $830 million, including over $2 million just by putting a salary cap on state officials so none made more than the governor’s $150,000 salary.

The last of the slated speakers was Salisbury City Councilman Debbie Campbell, who told us “really important things were going on” in Salisbury. Mainly she decried a lack of accountability on the part of the city, and spoke of two egregious examples.

The city of Salisbury has accepted a dump truck and is using it – unfortunately they haven’t officially allocated the money to pay for it yet. And if that’s not bad enough, the Council president contracted for and signed two change orders for a $1.8 million housing project called “The Bricks” by claiming City Council approval when she had none, charged Campbell.

In all, said Debbie, the Council was “running roughshod” over taxpaying citizens, and she begged those attending, “please show up and support us.” Joe Collins later intoned that, “we’re lucky to have Debbie Campbell” on Salisbury’s City Council and as an AFP supporter.

Returning to the podium, Julie Brewington talked briefly about the issue of infiltration – the TEA Party movement was so successful that the opposition isn’t ignoring it anymore but trying to destroy it from within. She mentioned the ersatz Tea Party in Nevada, which gave me the opportunity to enlighten the group on the particulars of the situation.

Another observer, S.J. Disharoon, spoke about the lack of dialogue at Salisbury City Council meetings and thought we as a group should press for a rules change to allow more opportunity for the public to interact in a timely manner, not just after all is said and done.

G.A. Harrison related his recent experience with the GOP Central Committee regarding something he found offensive and told those gathered a Republican “has to earn your vote…Conservatives need to take back the GOP.” I agree!

Finally, Bob Harris brought up the two ways a referendum can get on the ballot – either by petition or by vote of the County Council. He encouraged the County Council (since Joe Holloway was still present) to put two items on the ballot – one for disclosure of members of a LLC which does business with the county and the other to start the process of getting an elected school board, to which Joe Holloway replied he “fully supports” an elected board of education too.

These meetings generally turn out to be rather long and a lot is said. But they’re really worth the time to cover because I feel that most of my readership has been crying for leadership on these and other issues and the AFP is attempting to provide it on a nonpartisan basis.

Observations on the Conway-Mathias townhall meeting

Even with a camera-shy person, the attendance on Saturday wasn't half-bad for this townhall meeting.

On Saturday I was joined by about two dozen others – among them seemingly half the local blogger community – who wanted to pepper local Delegates Norm Conway and Jim Mathias of District 38B with questions about the direction this state is going and just what they would do to send it in the proper direction. At times this was a very contentious meeting when the questions began to be asked.

First they were introduced by Salisbury Mayor Jim Ireton.

Fellow Democrat and Salisbury mayor Jim Ireton introduced the pair and pitched a new downtown library while he was at it.

Part of his introduction was an appeal to keep the library downtown, but as for Conway and Mathias Mayor Ireton noted that, “one of the reasons I support them is that they don’t vote no for the sake of voting no and they don’t vote yes for the sake of voting yes.”

Mathias began his presentation by stating “I’m just like you in many ways,” pointing out he had been a businessman, vetoed two budgets as mayor of Ocean City, and argued about increasing fees. Along with us, he felt that the state “should have a dependable budget” and asserted that he’d “stand up and take responsibility for the good things we’ve done and the tough things we’ve done.”

Jim seemed very defensive throughout the presentation, and speaking on the budget remarked that “we thought we’d close the (budget) gap (in 2007)…but we didn’t know the ‘great recession’ was on the way.” He made it clear that there were “a thousand sets of fingerprints to blame” so we needed “a thousand sets of hands to lift us up.”

Noting that much of the industry which had once been the backbone of the Shore – companies like Campbell Soup and Dresser – had abandoned the area, those entities which had taken their place like Salisbury University, Wor-Wic College, and Peninsula Regional Medical Center helped take up some of the slack but our number one industry remains agriculture. On that note, Mathias pled the case that they “tried very hard to get building permits for the chicken houses.”

District 38B Delegates Jim Mathias (left) and Norm Conway listen and interact with their constituents at a town hall meeting held February 20, 2010.

Unlike Mathias, who sat throughout the meeting, Norm Conway stood up to give his remarks.

One thing I didn’t know about Conway is that he’d been an elected official since 1970, beginning with the Central Committee and graduating to Salisbury City Council in 1974 before running and winning his current post in 1986. He recounted some of the mentors who had led him into his lifetime of public service as a teacher, school official, and political officeholder.

As a committee head in the General Assembly, he “tried to build alliances…build bridges” as Norm reminded those assembled that the sum total of the Eastern Shore delegation was 13 – 10 House members and three Senators. (Seems like it should be 12 because there are only three Eastern Shore districts – 36, 37, and 38. Point is we have a small delegation.)

Certainly those in attendance had known that Maryland “had some rough times over the last 2 or 3 years” as “revenues dropped off a cliff.” In the last year the Board of Public Works had chopped $1 billion out of the budget – it had been in balance at sine die of the General Assembly last April but once the fiscal year started July 1 things were already behind.

Norm observed, however, that revenues may be finally leveling off. His anecdotal basis of that claim was seeing more people shopping and in restaurants over the last few months, and to him that was “clear evidence” of a recovery.

But now the General Fund budget being debated was less than that approved for FY07 four years ago thanks to the shrinking revenues. Yet the untouchable area has been K-12 education and it was only this year the tuition freeze had been shelved, after three years of no change.

Delegate Norm Conway addresses the voters at a townhall meeting held in Salisbury on February 20, 2010.

As for the actual budget process, this year it was the Senate’s turn to begin the budget process (it alternates yearly between the Senate and House of Delegates.) Conway predicted the budget would be on the floor by the second week of March. One lament Conway had was the difficulty of maintaining funding for roads because once that area was cut it was “tough to catch up.” Yet we had to balance the budget and create jobs since Maryland’s 7.5% unemployment rate, while well below the national average because of the insulation of federal jobs, was still at a “high water mark.”

So far the meeting had gone fairly smoothly and people had listened attentively. Then the questions began.

Local Americans for Prosperity co-chair Joe Collins got the ball rolling by pointing out the examples of Dresser leaving and the Evolution microbrewery deciding to locate just across the state line in Delaware (after considering a downtown Salisbury location) and asking what can they do for the business community?

Mathias, who reminded us he was on the Economic Matters Committee, told us that part of the issue was local regulation. But he and Conway had urged a reduction in regulations, and Mathias called the poultry industry regulations “overbearing.” Jim also called it “embarrassing” that a permit for a fishing pier desired by a local businessman had languished for two years – that owner “should have had it in his hand by now.”

The former mayor also made the complaint that “as mayor, I was closer to a one phone call fix” but the state is a “matrix.” The only group which stays long-term is the bureaucracy.

Collins interjected that it sounded like Mathias was “making the case for less government.” Jim agreed that there was a need for incentives, less regulations, and more opportunity.

Delegate Conway spoke his piece, talking about how the poultry industry could be gone in a decade if things continue on their path, but bringing up the point that he has to work with other members and “help them.” But as head of the Appropriations Committee, “I do” use that as a weapon against the Maryland Department of the Environment in an effort to help local poultry farmers.

So when it was asked what they were doing to get rid of the bureaucracy, Conway pointed out that 400 vacant positions had been eliminated this fiscal year – but that may not be permanent.

Delegate Mathias then pointed out that, “bureaucracy is not just numbers…every business needs to have trained people.” Yet the government will have to continue to shrink, added Jim. Earlier this decade, we were largely in the ‘roaring Twenties’ of the 21st century.

Local businesswoman Sally Jones then asked about unemployment insurance, noting how much it affected her business.

The problem, responded Mathias, was that businesses were moving to a higher table on the unemployment scale and that raises their premiums. One change last year was adding part-time workers to the rolls, a move the Chamber of Commerce supported but Jim opposed (as did I.) But Jim also couched it as an issue between big business (like Wal-Mart, as Jim naturally mentioned) against small business and the NFIB.

Yet I happen to know there’s also a federal impact, as the bailout being proposed comes with strings attached. With Maryland’s fund in peril, the state is looking for an infusion of federal cash but in order to get it they have to “reform” their system (after just doing so five years ago.)

At that point, a questioner asked about illegal immigrants and the fiscal impact they have on our state, but neither Delegate was aware of a financial number and Mathias “doubt(s) my committee” has ever asked for one. Remember, Maryland is well known as a sanctuary state and is adopting a two-tier driver’s license system just for them. (That was a contentious bill, and many Delegates – including Conway and Mathias – asked their name by withdrawn as co-sponsors after numerous changes were made to gut that bill.)

Shifting gears, fellow blogger Joe Albero asked about the death penalty in the wake of the Foxwell case. Conway expressed his support for the death penalty but voted to weaken it in order to make sure it stayed on the books, noting wistfully “they have it where they want it” for now. He’s working on a bill to be heard tomorrow which would add scientific evidence to the criteria where the death penalty can be sought. Delegate Mathias chimed in that there “will be improvements” to sex offender laws and echoed Conway’s support for capital punishment.

Another fellow blogger (and the other AFP local co-chair), Julie Brewington, asked about the gas tax and why so much of it goes to public transit. Mathias said that he wouldn’t support an increase but also countered that “we all know we have to make that contribution” and perhaps change the funding mechanism for fixing roads as cars get more efficient. After our economy finally recovers, this will be “a different country than we know.” (He also had a sidebar about the one staunch Republican who supported Obama’s stimulus plan – that man runs a paving company.)

But here was a case of the quid pro quo which permeates Maryland politics. Delegate Mathias recounted his first votes, which were to override vetoes by Governor Ehrlich of various Baltimore City and County issues. He was going to sit them out (since he never voted on the original legislation) but was reminded by Norm Conway that the items he liked getting as mayor of Ocean City had to have the approval of Baltimore-area legislators to be done. In this case, they support the public transit predominant on the other side of the Bay as a trade-off for things we need.

One item that Conway said has been proposed in the past and could be revisited to address transportation would be a regional sales tax.

Johnnie Miller, a proponent of energy legislation, wondered why renewable energy bills pass the House easily but die in the Senate Finance Committee. He pointed out Delaware is way ahead of us in that area. More interesting was the fact he and fellow advocate John Palmer had written the draft of legislation to be introduced this year (they were only awaiting the legal language to be set) for energy policy.

To address the question, Delegate Mathias pointed out these bills generally come with a “strong fiscal note” which seems to scare off support. (Tellingly he also said, “maybe one day I’ll be on the Senate Finance Committee.” File that under “worst-kept secret.”)

This touched off a long and sort of meandering discussion which eventually returned to jobs and development. While it was pointed out (properly) that renewable energy was only made competitive when subsidized by the government and certain interests were more focused on rent-seeking than energy policy, the philosopical question was asked “how is it that government ever thought they could create development?” To that, Delegate Conway replied that there were a number of public-private projects under discussion but when pressed couldn’t name any local examples.

Delegate Mathias attempted to bail Conway out by postulating that even with the increasing amount of real property now owned by government (such as the ever-expanding Salisbury University and even the newly-purchased Pollitt’s Folly parking lot for the Civic Center) there are still jobs and disposable income being created by them. With all due respect, Delegate Mathias, at what cost to us? (I used that term because Delegate Mathias used it often.)

This is basically how it ended, since the time allotted for the meeting room was only two hours and it was booked for another group. I didn’t get a chance to ask my question, but did say my piece to Delegate Conway about the increasing proportion of the state budget comprised from federal dollars. To him, it was just our money coming back to us but that doesn’t address the philosophical difference I have that the money belongs to us in the first place and all that having a middleman does is keep some pencil-pusher (who may or may not live in Maryland) employed.

There was also a comment made by a guy whose name I didn’t catch which, to sum up, said that we should watch the Delegates in action before being overly critical. Come to Annapolis and watch them work on a Monday night or some other time during the week, he said.

That’s all well and good for a lobbyist or perhaps CASA de Maryland, but most working people in far-flung regions of the state don’t have the time to drive up to Annapolis and watch the legislature grind its sausage. We count on them to do what’s right and what’s proper in being stewards of our taxpayer money.

Instead we get “I’ll scratch your back if you scratch mine” politics, trading favors at the expense of the taxpayer. So much for “One Maryland.”

Alexis’ Law needs to move

Last year, Delegate Michael Smigiel of District 36 introduced HB60, dubbed “Alexis’ Law.” As Delegate Smigiel explains, the law is a pretty simple fix to a problem which occasionally erupts.

This is an easy bill that claifies that ANY judge can hear a motion for a protective order for the victims of sexual predators. The bill is named after a child who was sexually victimized by an adult and subsequently stalked by her victim (I presume the Delegate meant attacker) in violation of the protection order. The States Attorney interpreted the law that only the judge who issued the order could enforce the order. Alexis was so traumatized that the only escape she felt she had was to cut her wrists. Thankfully, she survived and is getting the help she needs. We need to make sure that no other children are victimized by such loopholes.

Just like Jessica’s Law a few years back, the biggest obstacle in the way is the punk who runs the House Judiciary Committee, Delegate Joe Vallario. He’s well-known for sticking common-sense legislation in his proverbial desk drawer and killing it.

But Jessica’s Law got passed because Marylanders put the pressure on Vallario to allow it to come to a vote, and thousands lobbied the remaining members of the committee to vote in its favor. This requires a similar effort, and the list of Democratic members of the Judiciary Committee follows (needless to say the Republicans are already on board.)

Chairman: JOSEPH F. VALLARIO, JR 410-841-3488
Democrat, District 27A, Calvert & Prince George’s Counties
Email: joseph.vallario@house.state.md.us

Co-Chairman: SAMUEL I. (SANDY) ROSENBERG 410-841-3297
Democrat,  District 41, Baltimore City
e-mail: samuel.rosenberg@house.state.md.us

CURTIS STOVALL (CURT) ANDERSON
Democrat, District 43, Baltimore City
(410) 841-3291, (301) 858-3291
e-mail: curt.anderson@house.state.md.us

BENJAMIN S. BARNES
Democrat, District 21, Anne Arundel & Prince George’s Counties
(410) 841-3046, (301) 858-3046
e-mail: ben.barnes@house.state.md.us

JILL P. CARTER
Democrat, District 41, Baltimore City
(410) 841-3782, (301) 858-3782
e-mail: jill.carter@house.state.md.us

FRANK M. CONAWAY, JR.
Democrat, District 40, Baltimore City
(410) 841-3189, (301) 858-3189
e-mail: frank.conaway@house.state.md.us

KATHLEEN M. DUMAIS
Democrat, District 15, Montgomery County
(410) 841-3052, (301) 858-3052
e-mail: kathleen.dumais@house.state.md.us

BENJAMIN F. KRAMER
Democrat, District 19, Montgomery County
(410) 841-3485, (301) 858-3485
e-mail: benjamin.kramer@house.state.md.us

SUSAN C. LEE
Democrat, District 16, Montgomery County
(410) 841-3649, (301) 858-3649
e-mail: susan.lee@house.state.md.us

GERRON S. LEVI
Democrat, District 23A, Prince George’s County
(410) 841-3101, (301) 858-3101
e-mail: gerron.levi@house.state.md.us

VICTOR R. RAMIREZ
Democrat, District 47, Prince George’s County
(410) 841-3340, (301) 858-3340
e-mail: victor.ramirez@house.state.md.us

TODD L. SCHULER
Democrat, District 8, Baltimore County
(410) 841-3526, (301) 848-3526
e-mail: todd.schuler@house.state.md.us

LUIZ R. S. SIMMONS
Democrat, District 17, Montgomery County
(410) 841-3037, (301) 858-3037
e-mail: luiz.simmons@house.state.md.us

KRIS VALDERRAMA
Democrat, District 26, Prince George’s County
(410) 841-3210, (301) 858-3210
e-mail: kris.valderrama@house.state.md.us

JEFFREY D. WALDSTREICHER
Democrat, District 18, Montgomery County
(410) 841-3130, (301) 858-3130
e-mail: jeff.waldstreicher@house.state.md.us

Just as a reminder of how difficult some of these Delegates made it when Jessica’s Law went through the first time, this 2007 article from Red Maryland by Mark Newgent reminds us of the process.

There are 22 members on the House Judiciary Committee, of which 6 are Republicans. Oddly enough, Smigiel didn’t list Democrat Kevin Kelly of District 1B – I presume based on his past bipartisan voting record Smigiel doesn’t see him being a threat.

Of the 16 Democrats, seven of them were not involved in the 2006 Jessica’s Law controversy because they hadn’t been elected yet. These would be Barnes, Conaway, Kramer, Levi, Schuler, Valderrama, and Waldstreicher. If we can get these seven on board to join the GOP and Kelly, the vote would be 14-7 (the Chair generally does not vote) to get it out of committee and that sort of overwhelming bipartisan majority may work to help convince Vallario he needs to step aside on this one. Granted, since 11 of the 16 Democrats on the committee have lifetime monoblogue Accountability Ratings under 5 it’s a hard job convincing many of these about common-sense legislation but the fact they passed Jessica’s Law umanimously in 2007 gives me hope.

Once this makes it to be considered by the Judiciary Committee, certainly this should be a no-brainer – especially since committee votes are now included in public records.