Archive for the 'The Assembly 2008' Category
We all know that there was a love-hate relationship between Baltimore City State’s Attorney Pat Jessamy (D) and the leaders in Annapolis over fighting crime in Baltimore City. Part of this is because of the key committee in the House of Delegates (Judiciary) is dominated by people who are defense attorney’s.
Many members of the committee tell The Baltimore Sun that the criticism from Charm City is overblown. Montgomery Del. Luiz Simmons (D-Dist. 17) said that the officials are taking the defeats in Annapolis this year too personally.
Just like clock work, it’s the House Republicans that are calling the 2008 session another disappointment.
In a statement released just over an hour before sine die, House Minority Leader Del. Anthony O’Donnell (R-Dist. 29C) said that the session “has been another disappointing example of Governor O’Malley’s failure to provide responsible fiscal leadership.”
O’Donnell also said, “The Democrat Leadership is trying to pull the wool over the eyes of the taxpayers with empty rhetoric about spending cuts and sound fiscal management. For virtually every cut that has been made, the Governor has found somewhere else to spend those dollars. For every job that has been cut, additional positions have been added. Their fiscal restraint is an illusion. This budget is contingent on the largest tax increase in Maryland’s history and there has been no true effort from the leadership to reduce spending.â€
The Southern Maryland Delegate also said that the governor and Democratic leadership has done little to address the free state’s energy issues.

The Assembly 2008 is over. Soon the state house will be closed this week and will not be reopened until 2009, after which renovations will be completed. Some people, including the Governor will be working in Baltimore for the time being.
Among the things that did not pass was the legalization of same sex marriages or civil unions, the repeal of the death penalty (again), a ban on driving with a hand held cell phone.
What did pass was a charge of being in the millionaires club while repealing the expansion of the sales tax to computer services. Also, Felix Ungar and Oscar Madison can speak for each other in the case of medical decision making and property rights. I am using the odd couple reference because I thought it was cool when WBAL (1090AM) Reporter Robert Lang used it, plus to illustrate that you do not have to be a couple…or gay to take advantage of this law. Plus I am happy to report that health care here in Prince George’s County looks to be set on a stable future (with no help to Jack Johnson for the record.)
Look for what has been passed in coming days as Governor Martin O’Malley (D), House Spealer Michael Busch (D-Dist. 30) and Senate President Thomas Mike Miller (D-Dist. 27)
Which is what Governor Martin O’Malley (D) is asking for. The Baltimore Sun this morning saying that the Governor is upping the ante, by upping requests for the health department, the disabled, juvenile services and higher fuel costs…and that’s for starters.
Also included in the $18.2 million in new spending, a fund to help low-income households pay their electric bills. A Governor O’Malley’s spokesman defended the new requests, saying that the supplemental budget is lean and will help government to be efficient and effective.

That’s what the Public Service Commission said about the role Constellation Energy played during the power auctions between 2005-2006, which caused utility rates to jump up.
The Baltimore Sun says that while most of the long standing issues that caused the state and Constellation to whip out dueling lawsuits were settled last week, it was unsaid about whether the PSC would stop investigating wholesale power auctions.
So if you are keeping score, Governor Martin O’Malley (D) has still failed to stop the BGE rate hikes as promised in 2006, and his suspicion of wrong doing on BGE’s behalf has been proven to be false. I also should point out that all of the accusations that were thrown about in Annapolis also caused a business deal to fall through (the merging of Constellation and Florida-based FPL Holdings) for no other reason than the fact that lawmakers were caught in the trap of their own design.
A bill that would repeal the expansion of the sales tax to Computer Services has been saved and The Washington Post says it will likely head to the full Senate for a vote. This bill does have a catch however, a surcharge on the wealthiest of the wealthy.
A surcharge will be added to the estimated 0.2 percent of tax payers in the state. State Sen. Richard Madaleno Jr. (D-Dist. 18) took great pains in this morning’s article to say that “Opponents of this tax are not going to characterize it as a millionaires tax. It’s going to be just another tax increase…This is just more fodder for conservative talk radio.”
Senate President Thomas Mike Miller (D-Dist. 27) said that he would support it, if it were a temporary fix. The surcharge on the richest among us is being used to close the estimated $200 million that the tax expansion would have brought in to the state.
As a former traffic reporter, I can tell you in the three years of covering traffic in Greater Washington, I have seen people do some stupid stuff behind the wheel. From reading a newspaper or a book to grooming themselves, it amazes me what some drivers do on the interstate.
Talking on a hand-held cell phone does not seem as dangerous as it sounds, but in fact I have seen drivers impaired by doing such a practice. They are not paying as much attention to the road and they slowdown, affecting the flow of traffic…regardless of age.
It is baffling to me that the General Assembly is taking a “do as we say, not as we do” mentality when it comes to banning talking on a phone without a hands-free device. Keep in mind when a rash of teen driving accidents occurred a couple of years ago, one of the laws that was passed in hopes of curbing the problem was prohibiting teens from driving while talking on a cell phone, regardless of if they had hands free device or not. Now it’s 2008 and the adults in the house and the senate deciding whether they want to lead by example or take the ever popular “do as I say” mentality.
This bill to ban hand held cell phone conversations was near death, watered down to only prohibit text messaging while driving. The Senate did have a change of heart, but for only two years. That’s right, the measure, assuming it would survive the House of Delegates, would only allow the ban for two years, and then it would need another approval to continue the ban.
Just to illustrate how out of touch the General Assembly is on this one, State Sen. John Astle (D-Dist. 30) proposed an amendment to ban the use of GPS units, telling The Capital that there are other things he thinks are more insidious. I believe Mr. Astle is a fan of map books, because that would be the only way NOT to get lost in Maryland, had the amendment garnered the support needed to pass. Oh yes, thumbing through a book is less distracting than something electronic telling you when to turn right…are you kidding me?
Driving while talking on a hand-held cell phone is dangerous not only to the person driving, but to the people around that driver. I cannot believe that the Senators took their time in approving the ban, and the Delegates are looking to kill it…again. Just because a driver is over the age of 18 does not make them able to drive with a hand-held cell phone. This practice should be banned out right and without a time limit.
For the house not to pass this bill and remove the two year time limit, is hypocritical, in addition to being a double standard. It’s saying that teens are distracted while talking on a cell phone, but adults are not because we’ve been around longer and we have more experience. In three years of covering traffic, I can say with confidence that “no we don’t.”
You can be the most experienced driver in the world, however when you are distracted, no amount of knowledge in the world can save you from being put in a compromising position while driving. It’s time for the adults in Annapolis to lead by example and ban text messaging and talking on hand-held cell phones while driving.
Oh, and if anyone in the house is thinking about trying to add that amendment banning GPS units again, I would caution them not to do anymore fly-by-night legislation. We all know how that expansion of the sales tax to computer services thing is going.
P. Kenneth Burns is the editor/writer of Maryland Politics Today and a columnist of PolitickerMD.com. He also contributes to Salisbury News and Red Maryland. His email is kennyburns@marylandpolitics.us.
The House has given a preliminary okie-dokie to a leaner and meaner, emphasis on the latter, version of Governor Martin O’Malley’s budget.
The Baltimore Sun says the house trimmed over a half a billion dollars from the budget. Now on why I am emphasizing the latter part of lean and mean, it is because the budget does not include a repeal of the expansion to the state sales tax to computer services, despite the fact that O’Malley (D) voiced his support of repealing the tax.
This is probably due to House Speaker Michael Busch (D-Dist. 30) and Senate President Thomas Mike Miller (D-Dist. 27) supporting the tax expansion, and not fond of raiding the transportation trust fund. As usual, they are locked stepped or the analogy that Miller would use, peas and carrots (a la Forrest Gump) with the Governor. Busch and O’Malley would like to see a surcharge among the wealthy. Keep in mind this surcharge is on top of the new tax brackets that were approved in November.
The one thing standing in their way in raising taxes on the rich even more is Team Montgomery County.
It looks like we are one step closer to no longer reaching out and touching someone on a hand-held cell phone while driving.
The Capital says that the bill faces an uncertain future in the house, which has been very unfriendly to such legislation.
The bill has a few catches however. You can use a hand-held cell phone in emergency cases or if you are a first responder or member of law enforcement acting in a official capacity.  Also, you will not be pulled over for talking on a hand-held cell phone alone, it will be considered a secondary offense. Your first offense will be waived, if you can prove that you purchased a hands-free device. Now the “huh” part, the ban would only be in effect for two years.
I am sure that many of you had noticed that over the past two weeks, my commentaries on this site have been syndicated through PolitickerMD.com. So you probably read my last company bemoaning the time wasted with finding more official state stuff. Looking back in hind sight, I should have named my most recent column, “Cut The Cake!” But in any event, my wishes to end the silliness of new state symbols fell on death ears as the Senate voted 44-1 in favor of having the Smith Island Cake as the official desert of the free state.
The Capital says that the lone hold out was State Sen. Alex Mooney (R-Dist. 3). For the record, it’s not because he shares my opinion on the larger issue of state symbols.
The bill now goes to the house. If it passes (and I have a feeling it will,) I would not be surprised if they take time out from the bill signing session to have a slice of cake.
EDITOR’S NOTE: All story links go to The Baltimore Sun, unless otherwise noted.
And just like everyone else, I find a way to enhance coverage of the General Assembly session, as it almost comes to an end. I will try to do this once a week to sum up the happenings this week in Naptown.
O’Malley Favors REPEALING Tax Expansion
A shocking turn of events…from last week. Governor Martin O’Malley has said that he now supports repealing the expansion of the now six percent sales tax to computer services. The news comes after the Tech Council of Maryland held a meet up on Lawyer’s Mall to voice their opposition against the measure approved this past November and scheduled to take place this summer.  O’Malley said “I’ve never been a big fan of this computer tax.”  OK…O’Malley thought this was a bad tax, but proposing one on top of apartment rents was a good idea.
Now, to fill the hole, O’Malley (altogether now) “suggested that Maryland’s wealthiest residents ought to help make up the difference with a surcharge on their personal income taxes.” This is especially difficult since many of the legislators cannot stomach another tax vote, especially after the special session in which they still have a lot of explaining to do to Marylanders.
Proposed Tax Hike: Dems Like It, GOP Hates It
State Sen. Verna Jones (D-Dist. 44) is proposing a plan that seems to be catching the eye of Governor O’Malley, thus proving what many people say about him not meeting a tax hike he didn’t like.
Senate President Thomas Mike Miller (D-Dist. 27) is uncommitted, the House is for it. There is at least one Senator who likes adding a surcharge on the state’s top earners. State Sen. Ulysses Currie (D-Dist. 25), who chairs the Senate Budget and Taxation Committee, says it plainly, “I support the idea.”
The Republicans, don’t. House Minority Leader Anthony O’Donnell (R-Dist. 29c) calls the move “a cynical ploy.” He adds that they know that the votes are not there.
Tough On Teen Drivers; But Not On Adults
As our legislative leaders continue to lay the smack down on teen drivers, they are still challenged when it comes to laying the equal smack down on the parents of said teens.
First in regards to the teenagers, their parents will now be notified for any moving violation committed to the teen driver. Also, driving offenses committed by those younger than 18 would require the MVA to seek or impose a suspension of that persons drivers license.
As far as everyone else, it looks like it will be legal to drive and talk on a hand-held cell phone for at least another year. This is assuming that the Senate votes next week, not to approve a proposal to ban the practice. The original bill was seriously watered down to banning text messaging while driving.
Domestic Advance
The Senate has approved a bill that would grant the right to make funeral and medical decisions to domestic partners. Although this is being seen as a step up for gay rights, the law would apply to straight couples as well. Opponents of the bill call it an end round to Maryland’s 34-year-old ban against gay marriage. In case you had forgotten, the Court of Appeals had overruled the decision of a Baltimore County judge that the law was unconstitutional.
It’s been no secret that some people want the University of Maryland to take over the ailing Prince George’s Hospital System. To that point, you can find the earliest tracings of this wish going back to December 2006 when Del. Victor Ramirez (D-Dist. 47) wanted to draft legislation to “require” UMMS to take over the hospital system.
In this morning’s Washington Examiner reports that the school is at the top of the list as potential suitors for the hospital. Prince George’s County Spokesman John Erzen says that the county “would love it if the university system got involved.” Also loving the idea, the hospital workers union. Union political director Ebs Burnough said the USM’s public nature would keep the state involved with the hospital’s future.
Oh yeah, remember that “possible deal” I mentioned last week between the county and Ascension Healthcare? You know the “proposal” that came out while County Executive Jack Johnson through Erzen was trying to fend off the state from stepping in and actually doing something to save the hospital system. From The Examiner article, “Johnson now says that deal fell through.” Well, I’m shocked….NOT!