Dealing with facts in Senate District 38 (first of four parts)

You’ve seen some of the flyers that have come to my mailbox: trust me, more have arrived and there’s probably more to come. But between the claims and counterclaims there’s one thing that is real – and it’s the very reason I created the monoblogue Accountability Project (mAP) eleven years ago.

Over the last four years, both Mary Beth Carozza and Jim Mathias have had the opportunity to vote on most of the 100 bills I selected to be part of one of the four editions of the mAP from 2015 to 2018. (A handful were committee votes, which seldom overlap – but did in one case in 2015.) So over the next few days I’m going to illustrate just what the differences were, beginning in this installment with the 2015 session of the Maryland General Assembly – their first as a team.

In 2015 Mary Beth Carozza received a score of 56 on the mAP by being credited with 14 correct votes but having 11 incorrect ones. Meanwhile in the Senate Jim Mathias reached his term high score of 40 on the mAP by making 10 correct votes and 15 incorrect. (Jim’s all-time high was when he scored a 53.12 rating in the 2007 Special Session, done in the days before I standardized the number of votes. That session was based on 15 total votes in the House of Delegates, where Jim served at the time.) Three of Jim’s ten correct votes, though, were at the committee level, and two were not common votes. They both voted against HB1094, Mary Beth on the House floor and Jim as part of the Senate Finance Committee.

What I’m going to drill down into are the featured floor votes where they parted company – in the case of the 2015 legislative session there are a total of 10 such votes out of the 25 I used for the mAP. Of those ten, there were eight which were correctly voted upon by Mary Beth Carozza but not Jim Mathias, and two that were voted on correctly by Mathias and not Carozza. Those two in Jim’s favor were both in the realm of civil liberties: one (SB651) was a provision to allow expungement of a crime if it’s no longer on the books (tailored for those convicted of possession of small amounts of marijuana, which was on its way to becoming a civil offense as opposed to criminal) and the other (HB360) a reform of civil forfeiture laws. Yet while Jim was good on those two, he still opted to maintain the possession of small amounts of marijuana as a criminal offense rather than converting it to a civil offense (HB105). Jim was one of just three Senators saying no, even as the law did not pass in 2015.

Jim also voted badly on a number of measures that should have been left out of state law. Since health care has been a hot topic in this campaign, it should be noted that one of them (HB838/SB416) raised insurance rates significantly in order to allow a handful of same-sex couples coverage for in vitro fertilization.

Public records were a key topic in that session as well. Jim supported a measure which would allow those who undergo treatment for gender changes to also change their birth certificate without it being noted that this wasn’t an original document (HB862/SB743), but more importantly for most he also supported a $5.2 million annual fee increase for the public through court filing fees rather than allowing it to be charged to the attorneys (HB54.)

Another tax Mathias supported, even over the veto of the governor he swears he’s working with, was the so-called “travel tax” that allowed the state to collect full-rate sales tax on rooms where the rates were discounted (SB190.) And that’s not all the anti-business law Jim supported: no longer could employers and employees agree to waive certain types of paid leave (HB345) – of course, the state was kept exempt.

But perhaps the most misunderstood differences were in HB70 and HB72. HB70 was that year’s state budget, and it’s been the subject of one Mathias mailing already. So to recap: Mary Beth was fine with that budget until it was amended by the Senate and backroom dealings.

It appears the same thing happened with HB72, which was that year’s BRFA act. In order to make things work fiscally and keep a balanced budget as required by law, sometimes previous laws need to be changed, and the favored vehicle for that is generally called the Budget Reconciliation and Financing Act, or BRFA. In that session Carozza voted for the original House version but once the Senate got hold of it she didn’t like the changes and voted no. Meanwhile, her Senate opponent was just fine with doing as much as possible to thwart Governor Hogan’s intentions.

And to think: this is only the first of four years. Here is the second.

Your papers, please?

Yesterday I ran across something I found interesting, and perhaps a touch worrisome.

Once a week, my travels for my outside (non-writing) job take me down to Virginia, and yesterday was that day as I traveled from Berlin, MD to Chincoteague, VA and points beyond. At the point where Maryland 12 crosses into Virginia I was stopped by a cadre of Accomack County sheriff’s deputies who asked me for my license and upon inspection allowed me to proceed. I thought perhaps there was a manhunt, but I found out through a little research that Virginia conducts a “Border to Border Checkpoint” on the Thursday before Labor Day each year. I even found some photos from the very intersection I traveled through, from 2008.

I’m curious, though – where are the civil libertarians on this one? Of course, I wasn’t driving drunk or recklessly speeding so people would say I had nothing to fear. But I don’t see a real purpose for this event aside from getting people used to having other, similar harassment operations like sobriety checkpoints. I don’t care much for those because I believe there’s more effective ways to catch drunk drivers like, say, patrolling near watering holes. If you really want to make this work, try a sobriety checkpoint just outside Crisfield on Tawes day or after a Ravens game, when you actually might need it. I guarantee neither will ever happen because the “wrong” people would be stopped and the public would complain vehemently.

I have nothing against the Accomack County deputy who stopped me, since he was doing the job assigned to him. It was only a momentary delay on my way through the workday. But what happens when they decide to do it twice a year, or monthly? We already have the conspiracy theorists who fret about a militarized police, so why add fuel to that fire by continuing this scattershot approach to law enforcement?