Delegate Mike McDermott - Legislative Updates

Legislative Updates

How Not to Grow an Economy, Part 2
By Delegate Mike McDermott

May. 14th, 2013

When Pennies Become Dollars:

How To Not Grow an Economy, Part 2

By Delegate Mike McDermott

When it comes to raising taxes, no one can minimize like a Maryland liberal. During the previous two regular sessions of the General Assembly, one can find unimpeachable evidence of how they sell a tax by the penny while beguiled Marylanders will pay a pound at the register. Consider these examples of their “bait and switch” mastery:

The “Rain Tax” (HB-987) was tucked away in 2012 with an action date set for 10-counties on July 1st of this year. The lower shore local governments are not compelled to collect a Rain Tax from their people, though some jurisdictions are moving ahead with plans to do so. This tax is designed to pay for infrastructure improvements to address storm water management issues (many believe that this is what they pay Property Taxes for in the first place). This tax is being “marketed” as being only $20 to $50 per homeowner annually as they are assigned a flat rate no matter the size or scope of their property. The same rates do not apply for business property.

Commercial properties, hospitals, churches, schools, etc. will be required to pay a tax rate based upon the square footage of impervious surface which they have on their respective properties. Sidewalks, driveways, and rooftops all count in figuring how much the owner, corporation, or congregation must pay. Suffice it to say, there will be no $20 bills for these properties. In fact, some of these commercial properties with their significant parking lots could easily find themselves paying in the $15,000 range and up. Just imagine the bill for a mall property! What do you suppose a business owner or corporation with a tight bottom line is going to do about paying this new tax? They will have little choice but to pass it on to their customers through higher costs at the register…yet they tell us it will “only cost a homeowner $20 per year!” That 20 bucks is the least of our worries.

How about those “green” wind turbines off our coast? (SB-275) Well, those same folks claim the new Electricity Tax will cost you less than “$2.00 per month”. What a deal! What they do not tell you is the Electricity Tax for business and commercial properties is going to be significant and will be in proportion to the amount of electricity utilized. It is so significant; the poultry growers were able to lobby hard to be exempted from most of this new burden, but not so for every other business entity in the state.

Supermarkets are big consumers of electricity as are retail stores. Who is going to pay for the added expense that these business entities will be forced to absorb to pay for this boondoggle? It will be those same folks who were told, “You will pay less than $2.00 per month on your bill”. The folks that propose this nonsense appear to have zero conception of how a business actually operates, or perhaps they believe our business community is flush with cash and will simply take it out of their marginal profits. Well how about local government? Schools, government buildings, street lights, all will be subjected to these higher rates resulting in a direct pass through to the taxpayer. How’s that “$2.00” sounding now?

These are the same people who just handed you a perpetual gasoline tax (HB-1515) which will increase like clockwork every July 1st and be forever linked to the consumer price index (CPI). So, when the cost of everything else goes up in your hard working life, the price of your misery at the pump will rise in proportion to the pain you experience everywhere else in your budget. Don’t worry, if the CPI ever drops, the same legislators rejected any amendments to make the tax decrease in like manner. They also rejected the idea of some type of cap on this tax.

Keeping this in perspective and doing the math, if they had established this same tax in 1992 linked to the CPI, Marylanders would be paying over $10.00 per gallon to fill their tanks. This adjustment would have been bad enough, but they have also added a new Sales Tax to the cost of fuel which will be phased in over the next four years. The net result will be an 80% increase in the Gasoline Taxes (currently at 24.5 cents per gallon). Of course, this was sold to the public as “mere pennies” at the pump.

So, what about the fact that 90% of the goods utilized on the Eastern Shore are trucked in overland? The cost of shipping goods always comes with the fuel cost factored into the overall price. Again I ask you, is there anyone who thinks that we will not be paying for increased cost of folks doing business with every purchase we make at a register? All of those “mere pennies” quickly add up to real dollars.

As the government draws more money out of the economy through these new taxes and fees, taxpayers/consumers find themselves with fewer discretionary dollars. This always results in fewer dollars being put back into our local economy and every point of commerce suffers. When business slows, expansion is put on hold. When business suffers loss, people lose jobs.

I am not sure where the disconnect lies with legislators who see nothing wrong with this tax and spend approach at governing, but I am quite sure the public is fully able to connect the dots. I was recently at a meeting of local business owners and entrepreneurs when a senator told them that what they could “conceive…the government would help them achieve”. Sadly this was repeated so there was little doubt where he was coming from in his thoughts regarding the purpose and scope of government.

The American dream is the recognition that if you can conceive an idea or a concept, your freedom and liberty will allow you to achieve it through personal dedication and the sweat of your own brow. Liberty is the mortar that binds Conceiving and Achieving together. When our dreams become dependent upon the government to fulfill, we extinguish liberties flame and, along with it, the American Dream.
Marylanders…take back your state.

Maryland’s Legislative Business Impact for 2013
Maryland’s Legislative Business Impact for 2013
By Delegate Mike McDermott

May. 6th, 2013

Maryland’s Legislative Business Impact for 2013

“How Not to Grow an Economy”

by Delegate Mike McDermott

As a result of the actions taken by the Maryland General Assembly during the 2013 Regular Session, we will continue to be a state that is “unfriendly to business”. Our Corporate Tax rates remain the highest in the region and our layers of government process insure that we continue to be slow to respond and costly for business start ups.

This year we saw the passage of Off Shore Wind (SB-275) and the Electric Tax subsidy that comes with the package. It seems insignificant to talk about a monthly consumer fee of $2.00 or less, but that rate can and will rise. The additional cost of power to our business community will be much greater and will insure that we will be less competitive while our consumers foot the bill with every item they purchase along with the additional costs of local government (paid by every taxpayer). It is tragic to see the state jump through hoops to craft this type of subsidy for unproven energy while, at the same time, enact a moratorium on accessing Natural Gas deposits in Marcellus Shale. Maryland could be energy independent sporting tens of thousands of new jobs with zero tax increases or subsidies. Instead, we allow political correctness to dictate our energy policy, and, in particular, our energy portfolio. Silliness costs money and jobs.

Maryland remains at the point of the spear when it comes to the implementation of Obama Care. SB-274 was passed this year and will have a significant impact in particular on small business and our health care providers. The expansion and costs going forward are significant and should give pause to any prudent business person. I strongly encourage you to read this bill and pay particular attention to the Fiscal Impact Statement provided by the Department of Legislative Services. You will see why the vast majority of states are not moving forward with the implementation.

In another blow to business, we added a Sales Tax to gasoline (HB-1515) and established an automatic tax increase mechanism for the current Gasoline Excise Tax already in place (24.5 cents per gallon). The Sales Tax will rise every year for 4-years and the Excise Tax is linked to the Consumer Price Index and will rise every July 1st beginning this year. Mass Transit will be the big beneficiaries of this tax and local governments will continue to suffer the loss of Highway User Revenues. With the additional Toll increases going into effect at the same time, areas like the Eastern Shore, dependent upon goods being trucked in, will see these transportation costs passed onto them at the register. Everything will cost more money.

Although many of us warned people of the coming “Rain Tax” (HB-987) as passed in the 2012 Regular Session, many jurisdictions will be under the mandate as of July 1st and will be required to collect this new tax. Most residential properties will pay a flat rate through their property taxes, but Maryland businesses, churches, hospitals, etc. will be taxed based upon the amount of impervious surfaces they have on their respective property. Any surface area that obstructs water from entering the ground directly will be taxed based upon square footage in most jurisdictions (think of large warehouses and parking lots). Once again, consumers will be footing the bill.

All of these additional taxes, fees, and regulations add up to significant money for any business owner. There were also efforts to raise the Minimum Wage in our state which often results in tightening of belts and the loss of entrance level jobs. No doubt we will see those bills again in the future. The passage of the governor’s Gun Safety Act (SB-281) has essentially outlawed many firearms currently being produced in Maryland. Those manufacturers offer significant employment and most of them are in the process of relocating their companies to other states. Not only will our state not be any safer as a result of this bill’s passage, but we will now suffer the loss of tens of millions in revenue not easily replaced.

There were a few legislative efforts that are noteworthy for the potential positive outcome which may result. We also have a new Secretary of the Department of Business and Economic Development, Dominick Murray, who seems to understand the problem with the state’s position and has expressed a determination to streamline the process. One of the biggest obstacles to our business and economic growth is the failure of state agencies to work together on issues simultaneously to cut the time associated expenses companies and entrepreneurs need so desperately when they are starting or expanding an enterprise in Maryland.

As a result of many complaints I have received from business owners who have been subjected to random inspections and significant fines by the state for minor violations, I introduced HB- 104. The bill would have provided a much-needed grace period to small businesses found in violation of state regulations, giving them time to comply before being unfairly fined. In response to the bill following the Committee Hearing in House Economic Matters, the Secretary of Labor and Licensing issued a letter establishing that his department would “only give warnings to businesses for first time offenses of minor violations of code.” This public policy announcement is a big win for Marylanders, and I intend to hold the department to their word.

One thing you learn quickly from Annapolis is to be concerned about any “Study” or “Work Group” established by the members through legislation.. It is not uncommon for a host of regulations and other barriers to business to come from these groups.. Therefore, let me provide you with a couple of the approved “studies” that will take place over the next year upon which future legislation may be based in 2014:

SB-1068 establishes the Commission to Study the Regulation of Payroll. One of their chief missions is to determine the feasibility and cost of establishing State licensure or registration of payroll service companies, including requiring qualifying examinations and the potential benefits of licensure or registration.

SB-916 establishing the Task Force to Study Licensing and Continuing Education Requirements for Electricians. Their principle task will be to “review appropriate approaches for the licensure of electricians at the State and local level to protect citizens and provide for efficiency of electrical services across county lines.”

If you have an interest in these areas, please reach out to my office and we will make sure you have a good contact with an individual who will be serving on the Study Group. This is the best place to insure that you stay on top of any new proposals before they advance to proposed legislation.

There always seem to be new layers of regulations and permitting that are brought forward every year affecting various business sectors. This year was no different. Here are a couple of fields that will be impacted:

SB-280 Landscape Architects – License Renewal – Continuing Professional Competency Requirement. This bill will adopt regulations to require a licensee to demonstrate continuing professional competency by completing a certain number of hours of professional development activities as a condition of renewal of a license to practice landscape architecture.

HB-347 Professional Engineers – Firm Permits. This bill will alter the permitting requirements for engineering firms and creates a significant process through which future firms are to be permitted. It alters current practices of business and establishes fines for violations.

There were a couple of bills that sought to improve the business environment.

SB-273 Veterans Full Employment Act of 2013. This bill will require certain state licensing units and boards to give credit to certain former service members for relevant military training, education, and experience in connection with the issuance of certain occupational and professional licenses, certificates, and registrations. While many private organizations are working with our veterans to this end, it is good to see our state take this position as well.

SB-65 Workers’ Compensation–Claim Processing–Electronic Delivery of Decisions. This legislation will allow for certain decisions to be communicated through electronic means to the affected parties. It should speed up the process and reduce paperwork.

There are many bills which would have been problematic for business which did not pass through their assigned committee or failed in one of the two chambers. Most of them are sponsored by the Chairman of the sitting committee and that means we have probably not seen the last of them by far. If a bill is successful in one chamber, you will most likely see it again with a renewed effort in the coming session. I have provided links for a more indepth look at each piece of proposed legislation.

SB-576 Community Cleanup and Greening Act of 2013 (Bag Tax)-Chairman Bill

SB-554 Business Occupations and Professions - Private Process Service - Licensing and Certification-Chairman Bill

SB-528 Business Regulation - Shark Fin Soup - Prohibition on Sale or Consumption

SB-78 Maryland Home Improvement Commission - Guaranty Fund – Claims-Chairman Bill

SB-77 State Board of Plumbing - Continuing Professional Competency - Master Plumbers and Master Natural Gas Fitters-Chairman Bill

SB-57 State Board of Individual Tax Preparers - Prohibited Acts - Civil Penalty-Chairman Bill

SB-827 Streamlined Tax Administration Act of 2013 (Creation of a new Division of Business Regulation and Taxation within DLLR)

SB-469 Business Relief and Tax Fairness Act of 2013 (Combined Reporting)

HB-122 Commercial Law - Automotive Repair Facilities - Tire Repairs (Tire Removal)

HB-595 Workers' Compensation - Retaliation by Employer – Prohibition-Chairman Bill

SB-1062 Condominiums and Homeowners Associations - Attorney's Fees

SB-1059 Landlord and Tenant - Application Fees - Prospective Tenants Who Receive Housing Assistance

SB-179 Architects, Landscape Architects, and Professional Land Surveyors - Firm Permits-Chairman Bill

SB-794 Real Property - Regulation of Common Ownership Community Managers

SB-725 Business Regulation - Junk Dealers and Scrap Metal Processors - Holding Period for Junk and Scrap Metal

It is also important to recognize the legislators who were honored by Maryland Businesses for Responsive Government (MBRG) for outstanding contributions and consistently pro-business voting records. I was proud to be on this list for another year along with some of my colleagues on the Eastern Shore: Receiving awards during a recent ceremony in Annapolis were Delegates Steve Hershey, R-36-Queen Anne's; Jay Jacobs, R-36-Kent; Charles Otto, R-38A, Somerset; and Del. Mike McDermott, R- 38-B Worcester. All of us received 100% ratings from the past several legislative sessions when it came to votes impacting Maryland business.

I strongly encourage you to stay informed on the various bills impacting our state in each session. I provide regular updates during the interim and my weekly “Field Notes” on activities happening during any Session of Maryland’s General Assembly. You can sign up and review any of my press releases or postings at delegatemcdermott.com along with receiving Twitter and Facebook updates.

Press Release
My Response on the DPR Funding
By Delegate Mike McDermott

Apr. 24th, 2013

Some clarification is needed regarding the last minute funding of our local National Public Radio affiliate known as Delmarva Public Radio. In his letter, Mr. Pretl stated the following: “ Delegate Mike McDermott betrays an insensitivity toward the highest ideals of participatory democracy — the system which recently put him in office.” I beg to differ.

The high ideals of such a democracy (expressed through our representative republican form of government) begin at the ballot box with a free and fair election. Those elected go to Annapolis to represent the people in our district to the best of their ability. We participate in and conduct bill hearings where we hear from the people regarding proposed legislation, including budgetary items and proposed bond bills.

Would Pretl or others be offended if money was appropriated on the whim of one delegate without any regard to a “participatory democracy”? Well, such was the case with the million dollars provided to DPR. There was no public hearing. There was no request made by the other delegation members. This appropriation merely appeared as a tack on amendment to the budget bill at the ninth hour of session. Last year, the hundred million dollar plus library project was done in similar fashion. If this does not sound like much participation to you, then we are on the same page.

Whether or not DPR receives tax payer money should be the subject of bill hearings and review through the full committee process where it can be vetted accordingly. This is in keeping with the concept and traditions of a “participatory democracy”. The way this money was appropriated was not the subject of any regular channels or participatory process. It was a back room deal.

I made no argument for the need of publicly funded radio (though it could certainly be debated), and I take no issue with a bond bill being requested by a delegate requiring the people of Maryland to provide a million dollars in tax money to support DPR. However, I do take issue with the process by which money like this is “appropriated”. All Marylanders should.

As Pretl stated regarding Delegate Conway, “Once again he has ‘brought home the bacon’”. Well, that “bacon” comes at a price. It increases our state debt and is part of the reason Gov. O’Malley and the democrats have increased our state spending by 29% during this recession. Our taxes continue to rise to pay for this pork.

Are selective new buildings and higher taxes the symbol of “success” in Annapolis? I will continue to be a voice for the people who desire an open government and have had enough of the tax and spend mentality which has controlled Maryland for far too long.

Marylanders, take back your state.

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To view the piece that Delegate McDermott is responding to, please go here: http://www.gobeachcomber.com/article/20130422/OPINION03/304220003/Mike-Pretl-Delegate-displays-insensitivity-his-criticism

The First Donation to DPR's Campaign
The First Donation to DPR's Campaign
By Delegate Mike McDermott

Apr. 12th, 2013

The First Donation to DPR's Campaign

"Where the libs go to get the dough"

by Delegate Mike McDermott

Lately the Times has been full of articles about Delmarva Public Radio. Despite a $135 Million in additional State Debt provided to Salisbury University to pay for a new “library” courtesy of Delegate Norm Conway and the Democrats, the school could find no more room for the station on campus. The paper provided a platform for this supposedly listener supported station to launch their fund raising drives and awareness summoning all liberals and progressives to come to the aid of one of their own (although many conservatives enjoy classical music, the vast array of programming does not just lean left…it falls over).

With all of this attention, I thought surely those folks would rise to the occasion or the school would throw them a bone from that $135 Million (that’s $49 Million for planning and design plus $51 Million for bricks and mortar this year alone). Boy was I surprised on the last Saturday of the 2013 Session when I looked through a supplemental budget debt appropriation that included an amendment to provide Delmarva Public Radio $900,000.00 to cover relocation, equipment, and whatever else they deem appropriate. Not a bad day’s work for a station that claims an annual operating budget of $1 Million.

It seems the station has an ardent supporter in Delegate Norm Conway, Chairman of the House Appropriations Committee. Why let a little thing like “public input” stand in the way between friends? To say that I am appalled at this reckless disregard for public spending is putting is putting it mildly. To see the paper fail to mention this “modest” donation courtesy of the taxpayers of this state is disturbing.

There are other “listener supported” radio stations in our state. The vast majority of them are Christian stations such as WOLC (102.5 FM) in Princess Anne. They all conduct annual “share-a-thons” which often cover a number of days whereby they receive pledges and donations upon which they base their budget. I wonder what they could do with a million bucks.

Our airwaves are full of commercial radio stations all competing for those precious dollars of advertising that tend to go toward those that have the greater listenership and programming. Like every other business, they have had a tough go of it in this Maryland economy. I’m sure a cool million would quench a few thirsts from where they sit.

At a time when our local governments are struggling and many needs cannot be met, it’s no wonder this little million dollar gem tried to slip in unannounced through the back door. We must expect better from our leaders.

Marylanders…take back your state!

Tax Dollars: Bail Outs and Monuments
Tax Dollars: Bail Outs and Monuments
By Delegate Mike McDermott

Apr. 6th, 2013

Tax Dollars: Bail Outs and Monuments

“Where the libs go to get their dough”

By Delegate Mike McDermott

Here’s a newsflash for those Marylanders concerned about government spending. This morning I arrived at my desk on the floor of the House to find an amendment to the Capital Budget Bill (HB-101) which calls for an appropriation of $900,000.00 to “…design, construct, renovate, and equip a facility for the relocation of Delmarva Public Radio…”.

This comes on the heals of an investment of $135 Million of increased Maryland debt to provide for a “library” facility at Salisbury University with over $100 Million of this money in this year’s proposed Capital Budget.

So it goes with Progressives and Liberals, all those who enjoy feeding at the public trough of everyone elses tax dollars. Here we have a radio station that needs public support from its audience and, having failed to receive it (even with a free massive media blitz) they are able to get Del. Norm Conway to pay the tab with taxpayer dollars.

I cannot help but wonder…are there other projects on the lower shore where we could have spent $136 Million this year? We have roads that are crumbling and local governments coming up millions short. We have US Route 113 that could be completed along with overpasses for $105 million…and then what would we do with the other $31 Million? We have school security issues and a plethora of local public projects where this amount of revenue could have been parceled out to the satisfaction of many.

Much of this type of capital shifting in Annapolis remains unknown on the lower shore. No doubt most taxpayers have no idea how much money is “appropriated” for these types of projects. In the day and age of digital electronics and advancing communications technology, we will spend $135 Million for a brick and mortar library on a college campus…after we pay for tearing down the current building that occupies the space. We will appropriate $49 Million for “planning and design” and $52 Million for actual construction…and, of course, we will call it a “jobs project” where we will pay “prevailing wages” to contractors (most not from the shore or Maryland for that matter) as a payoff to the unions who control the Democratic Supermajority in the General Assembly. So to add insult to injury, we will pay 30% more to build these monuments than we would in the private sector.

So it continues in Annapolis with no end in sight.

Gun Bill Overview
By Delegate Mike McDermott

Apr. 5th, 2013

Gun Bill Overview

by Delegate Mike McDermott

What are the provisions of the O’Malley-Brown Gun Bill? The following is a general overview to help you navigate the most significant changes to firearms laws in Maryland following changes made through SB-281 as it passed in the House of Delegates and received concurrance in the Senate.

Firearms/Magazine Changes

Exempts all law enforcement officers (active and retired) as well as military personnel from the provisions and restrictions of this act.
Designates certain rifles as “Assault Long Guns” on a compiled list which currently contains 45 firearms (including many popular firearms such as the AR-15 and the SKS as well as any of their “Copy Cats”), and bans these delineated firearms for sale in Maryland as of October 1, 2013.
Continues the current ban on “Assault Pistols” as delineated on the ban list (has been in effect since 1994).
Restricts magazine capacities for all firearms to 10-rounds or less and prohibits the sale of any magazine capable of holding more than 10-rounds.
Assault weapons may be transferred through inheritance, and the heir may take possession of the firearm so long as they are not otherwise disqualified from possessing a Regulated Firearm.
Assault weapons and magazines may be sold to persons out of state.
A person who has purchased or otherwise ordered a banned firearm prior to the October 1, 2013 Effective Date will still be allowed to receive the firearm and possess it even after the Effective Date.

Manufacturers of Firearms

Manufacturing facilities are generally exempt from the requirements of this bill.

Licensing Requirements

Creates a Handgun Qualification License. In order to purchase a Regulated Firearm (handgun) a person will need to take a Firearm’s Orientation Class consisting of 4-hours of classroom and range training which will cover: state firearm laws, home firearm safety,handgun mechanisms and operations. The range component of the training includes orientation specific to the firearm involving safe handling. (If someone previously owned a Regulated Firearm, the Firearms Safety and Orientation Class is not required. Also the Maryland Hunter Safety Class/Certification can be taken in lieu of the Firearms Safety/Orientation Class as required.) The person seeking licensure must also fill out the appropriate application with the Maryland State Police and submit a full set of digital fingerprints. Following a full background check and revue of the applicant and completion of the Safety/Orientation Class, the Secretary of Public Safety shall issue the applicant a Handgun Qualification License which shall be good for 10-years. There are fees associated with this licensure process: $50.00 for the Application Submission coupled with additional fees to be payable to the Central Repository for fingerprint review as well as a separate fee charge for the FBI for their review. There will also be a charge for having the fingerprints received into the system. While some of the fees fluctuate, it is clear the cost for an initial Handgun Qualification License will cost well over $100 payable at the time of the application.

Ammunition Changes

Bans a person from possessing any ammunition if they are disqualified from possessing a Regulated Firearm.
Bans certain types of bullet compositions (so called “cop killer” bullets)

Mental Health Provisions:

Restricts a person who is the subject of an Involuntary Commitment from possessing any firearm and requires them to surrender any firearms in their possession to law enforcement for safe keeping. It also provides for a way for an individual to be granted relief from being Disqualified to possess a firearm. This process involves a hearing review and there are fees associated with this process.

Applies these restrictions to persons under a Current Ex Parte Order and Orders for Protection.

Gun Bill Update: House Passes Amended Version
By Delegate Mike McDermott

Apr. 4th, 2013

Gun Bill Update: House Passes Amended Version

Dark Clouds on the Horizon…

By Delegate Mike McDermott

After two significant days of prolonged debate and scores of attempts at amendments, the House of Delegates finally passed the O’Malley-Brown Gun Bill on a 78-61 vote Wednesday evening. It was introduced to the floor by the Baltimore City Delegation, which curtly announced in a heated exchange that they would oppose any amendments to the legislation. Most attempts to mitigate it were indeed thwarted by the Democrat supermajority.

At the beginning of Tuesday’s session, I was able to pass a “friendly” floor amendment that altered the bill’s firearms qualification component to a “firearms orientation,” addressing safety and proper handling. This significant change minimizes the time it would take for future applicants to fulfill the training component for a Handgun Qualification License. There were also a few lesser, technical amendments adopted. Here is a link for the 27 amendments offered during the second reader debate on the House floor.

While all of the amendments were thoughtful, a couple stirred particularly lively debate. One offered by Delegate Mike Smigiel (R-Cecil) sought to eliminate special credits received by inmates incarcerated for gun-related crimes. Delegates strongly emphasized that the Governor’s gun bill did nothing to address gun criminals, but focused solely on creating more regulations that could turn law-abiding citizens into criminals. Another amendment which I offered sought to correct an anomaly in the law, which prohibits an off-duty police officer from being armed while on school grounds. At a time when we are trying to place more police on our campuses, getting rid of this ridiculous law made a lot of sense. Sadly, it was resisted by several delegates from Montgomery and Prince George’s Counties, whose reasoning was nothing short of absurd. Imagine, in light of the Sandy Hook Elementary massacre, lawmakers arguing that the presence of an armed police officer in a school is somehow a “bad thing” to be avoided.

Apparently an overwhelming response to the rejection of my amendment prompted a change of heart in the Governor’s office, and with some adjustments, it was adopted the next day. We had hoped to have at least a 24-hour period to review the changes in the bill, but the leadership had it on the fast track. Republicans continued to make efforts to soften it by offering an additional 21 amendments, some of which would have eliminated sections dealing with the banning of specific firearms or the licensing of those wishing to purchase them.

Hours passed into the night as each drafted amendment was presented, debated, and voted on by the House. Ultimately, the bill was altered following the adoption of all committee amendments and a very few floor amendments, but its significant flaws such as gun owner licensing, rifle bans, and magazine capacity restrictions remained unchanged.

Here is a summation of the arguments offered for and against the bill:

Those who hail from the urban block counties (Baltimore City, Prince George’s, and Montgomery) all spoke glowingly about how the legislation would reduce violence and gun crimes. They spoke about the funerals they attend and the manner of death that many in their districts suffer at the hands of bad guys using firearms. It was clear that they view guns as a threat and that they see no need for anyone to own certain types of firearms. Statistically, they could offer no evidence of a straw purchase problem in Maryland, but that did not stop them from claiming that the bill would put an end to it by requiring folks to get fingerprinted before purchasing a regulated firearm. They brandished their ignorance of firearms for all to see, and displayed a fear of anyone bearing one - including the police.

Those who reside in the rest of the state had quite a different view and passionately explained their desire to hold sacred the Second Amendment to the US Constitution. Many quoted the Founding Fathers as they addressed the body, and spoke against the provisions in the bill that would turn upstanding citizens into potential criminals, while doing nothing to stop real lawbreakers. In essence, the legislation will only keep law-abiding Marylanders from having access to some very popular firearms that have been deemed too bad and scary.

I stated clearly that there are two Marylands, holding views on firearms that are polar opposites: one of fear and one of acceptance. I also challenged my metropolitan colleagues, pointing out that assault weapon bans imposed in the 1990s for ten years coincided with some of the worst years for Baltimore City homicides. Clearly, bans do not lower crime. Conversely, I pointed out that the parts of the country that have increased the liberty of their citizens to acquire wear and carry permits have also seen drastic reductions in their murder rates. The problems addressed by my friends from the cities will not be solved with this bill or with with new school buildings. Maryland’s government has driven away much-needed jobs, and most of our anti-poverty money has been thrown down a dark well with little or no accountability. I noted that we continue in failing to ask the right questions and banishing the wrong things. The gun crimes in Baltimore City will continue until the family unit is strengthened and order is restored to this basic unit of self-governance. I declared that nothing will change until we take a hard look in the mirror and examine our failed and flawed programs.

Because of this ban we will see the loss of many businesses and jobs in Maryland, as firearm manufacturers relocate to more welcoming states. Companies such as Beretta Arms (Charles Co.), Benelli Arms (Worcester Co.), and LWRC (Dorchester Co.), along with several others, employ over 1,000 Marylanders and bring in revenues to the state coffers exceeding $500 million. Their owners are being courted by multiple states with lower tax burdens, and a strong desire to support their market share as opposed to declaring them manufacturers of “bad” or “evil” products. Who can blame the ownership for making a moral decision to take their business elsewhere?

I’m sure my words resonated with many in the chamber, but the work is great and politicians look for soundbite fixes to generational problems. It is simply easier to identify the enemy as an object, place it on a “Banned List,” and claim victory. This is the standard practice of those who merely seek further election, rather than try to leave their world better than they found it.

Our state is already ranked dead last in the country in terms of personal liberty and freedom; the passage of Senate Bill 281 would secure this position for a generation yet to come.

What is Next?

Moving forward, there has been talk of a public referendum on SB 281. So long as there is a financial backer such as the NRA to support this endeavor with big bucks, a referendum would have a good chance of passage in 2014. But without an influx of capital to support the measure, the end result could be detrimental - as we saw during the referendum initiatives last November, which gave birth to many of the problems we have experienced during this session.

Right now individuals are pursuing and confronting large businesses and entities on their continued support of the elected officials who supported this terrible bill (along with other bills, no doubt). By simply searching the Maryland State Board of Elections website, individuals and groups can identify those that need to be contacted and pressured to abandon their support of gun control advocates. Some organizations have already begun this process and have succeeded in persuading entire union organizations to retreat from their positions of support for certain candidates who voted against their interests on this particular bill. It truly resonates with the people.

I suggest that these types of projects be performed by groups of citizens and that they send a letter to the supporters of legislators favorable to the gun bill, followed by an arranged meeting where the point can be pressed home. We should find that many folks know very little about the votes being taken by the politicians they are told to support.

The work begins now as we move forward into an election cycle. As I write this, I have been informed that the Senate has amended the bill with two changes and that it will now go into a Conference Committee with the House before it can be voted out of both chambers. I will follow up with more information when the final bill is either defeated or sent to the governor’s desk.

Marylanders, take back your state!

Gun Bill Update
Gun Bill Update: Amendment Shootout at the OK Corral
By Delegate Mike McDermott

Mar. 30, 2013

Governor’s Gun Bill Update

“The Amendment Shootout at the OK Corral”

By Delegate Mike McDermott

Friday marked an 8-hour Voting Session with the Joint Committees of Judiciary and HGO (Health and Government Operations) on SB-281, the O’Malley-Brown Gun Bill. Before I begin with the amendment process, I have to point out that the Judiciary Committee only received the operating copy of the bill (complete with over 10 significant multi-page amendments) at 5pm on Thursday evening. These significant changes caused a lot of problems for Republicans as we scrambled to craft amendments to amendments on a bill that Bill Drafters could not work from since the slated amendments had not been adopted by the committee.

We all got together and went through the bill page by page to see the proposed changes from the Democrats already fashioned as part of the bill. We altered some of the amendments previously crafted and added a few more. Three of us, Del. Smeigel, Del. Hough, and myself offered the bulk of the amendments. When I consider that the leadership wanted no amendments added during the Voting session…and a Joint Session at that…I did not like our chances, but I focused on amendments that made a lot of sense.

In the end, I was able to get the support on the committee to pass some significant amendments to the bill:

To include the Maryland Defense Force as one of the exempted organizations alongside the US Armed Forces and National Guard in three specific sections of the bill (Amendment 11)
To allow members of the Armed Forces or National Guard 18 years of age or older to be eligible to purchase a Regulated Firearm in Maryland (had been 21).
The rolling in of my bill, HB-961, into the governor’s bill which will provide for the shielding of personal information and registration records from any form of public disclosure. The bill was crafted to address the problems many faced in New York when the media published the gun purchase records in the paper. This will be illegal in Maryland if the bill passes.
To exempt folks who are physically disabled and assisted by a Guardian not to be denied their rights to own and possess firearms (Amendment 15).
To clarify specifically in the bill that a banned firearm or magazine is allowed to pass to an heir declared in an estate and to insure that the heir can possess the firearm without exception so long as they are not otherwise disqualified by law (Amendment 14).
To provide that no matter how many regulated firearms a person moving into the state may declare, the cost for the application is $15. It had been $15 per firearm (Amendment 16)

Delegate Smigiel was able to amend clarifying language in the cases of “relic, antique, and curio” firearms through Amendment 13 which will prove very helpful going forward. Delegate Hough was able to add language which would require the Secretary in the case of any denial of a permit to provide a written reason to the denied individual through Amendment 12.

Delegate Simmons was the lone Democrat to have an amendment added to the bill which made individuals who received a Probation Before Judgment (PBJ) verdict in cases involving a crime which would have been disqualified them from owning/possessing a regulated firearm as being disqualified under the terms of the bill.

By far, the most controversial amendment was offered by Delegate Smigiel and would have eliminated various credits that inmates currently receive while incarcerated for any of the mandatory time they serve for a crime involving a firearm. This would insure that a five year mandatory sentence would need to be fully served. It was a great amendment and the vote count was close but favorable by a very small margin. Many celebrated with the passage of the amendment as it would be the only portion of this bill which would actually address problems associated with criminals. The celebration was very short lived and sparked a controversy when Chairman Vallario interrupted the next amendment presentation several minutes later and stated, “we have to vote that last amendment again…we got the vote count wrong”. It was clear that following passage of the amendment, the Democrat leadership operatives began whipping the members until they altered the vote count. Delegate Shawn Tarrant changed his mind and this apparently spawned the second vote on the amendment. This time around the count came up tied at 23-23 and the amendment was declared to have failed. Controversy followed with claims that the vote was “tyrannical”, “unfair”, and “out-of-order” by members and many in the audience. In fact, about half of those who had occupied the audience (around 85 total) showed their contempt for the proceedings by making a loud exit storming out of the committee chamber.

This type of display was a good example of what the minority party suffers on a regular basis at the hands of a supermajority that has grown increasingly arrogant in recent years. I hope this stays with the many who saw it firsthand and those who will hear about it or see it on Youtube (Treachery in the House) in the future.

The ban list of 45 regulated rifles remains in the bill and the list includes many popular firearms such as the Colt AR-15. Further banned will be any firearms that are similar to those on the list as well. The 10-round magazine limit also could not be shaken from the bill even though many of us believe it will result in a de facto ban on many firearms currently sold in Maryland as the manufacturers refuse to tool up just for a small market state. While the bill is currently fashioned prospectively (only addresses future purchases), it will require a significant training component for new owners which will also include “displaying proficiency with the firearm” on a range. We simply do not have the infrastructure to support this type of mandated training in Maryland. Some areas of the state are better equipped than others, but all are deficient. It also remains to be seen where these folks will acquire the handguns to take to the range so they can secure their Handgun Qualification Permit since they cannot receive their handgun until they take the course. See what happens when people who know nothing about firearms make laws addressing firearms.

Registration is still in the bill moving forward and those who want to secure their Handgun Qualification License will also need to be fingerprinted and fill undergo a significant background investigation by the State Police. Folks who move into the state after October 1, 2013 will need to declare their regulated firearms to the State Police and fill out an application including a fee of $15. I can see the new signage on our gateway highways: “Governor O’Malley Welcomes you to Maryland and reminds you to check your guns with the police and get out your wallet…”

The mental health components of the bill are significant and anyone who finds themselves involuntarily committed for mental health related issues will find their right to possess a firearm significantly disrupted. The House eliminated those who were voluntarily committed as they felt this could represent a big hurdle for those who could be forced to choose between firearm ownership and receiving treatment. While there is a mechanism built into the bill to allow for an individual to show they should have their rights of firearm ownership to be restored, the path will not be an easy.

The bill will also require some additional record keeping by dealers and will expand the ability of law enforcement to conduct inspections of records. While the bill drafters worked to eliminate components in the original documents that would have eliminated all of the firearms manufacturers in Maryland, the new language will generally allow these folks to continue functioning in the state. However, it is clear that these companies are deeply offended that this state is slated to define their employees work product as “bad” or “evil” to the extent that it must be banned in Maryland. I doubt that they will remain in a state where their product cannot be sold to the employees who manufacture them.

The electronic version of the bill is available for review in total. Over the next two days the House will be debating the bill on the floor where amendments will be offered before the entire membership. It is possible it could be modified again, but it is probably in the form in which it will be voted on in the House. If the bill passes in the House, it will be reintroduced in the Senate since it has been significantly amended. The Senate will then have the choice of accepting the changes and approving the bill or moving the bill to a Conference Committee where members from both chambers will see if an agreement can be achieved before the end of this year’s session.

I encourage you to continue contacting the Democratic members of the House of Delegates and insure they know how you feel about this bill. Your Second amendment rights are clearly on the line, and I can assure you, going forward, the ban list will only grown larger so long as Annapolis has a supermajority of Democrats in charge.

Marylanders, take back your state!

Press Release
‘Delegate Mike McDermott Fights for the Second Amendment Rights of Military, Physically Disabled, and Families’
By Delegate Mike McDermott

Mar. 29th, 2013

DELEGATE MIKE MCDERMOTT PRESS RELEASE

Contact: Katlyn Schmitt March 26, 2013

240-320-7711

FOR IMMEDIATE RELEASE

‘Delegate Mike McDermott Fights for the Second Amendment Rights of Military, Physically Disabled, and Families’

(Annapolis) -- “Despite the serious erosion of our Second Amendment rights in the O’Malley-Brown Gun Bill, I was able to offer several significant amendments approved by the Joint Committee which will remove burdens on the disabled and protect gun owners all over the state.”
stated Delegate Michael A. McDermott (R-Worcester & Wicomico Counties). Today the House Judiciary Committee and Health & Government Operations Committee met to vote on SB-281, the so-called “Firearm Safety Act of 2013.”

Delegate McDermott’s first amendment adopted by the Joint Committee will exempt the Maryland Defense Force from many aspects of the bill. It would allow members of the Maryland Defense Force to buy guns from the list of banned “assault weapons” and to purchase or receive a handgun without having to show the Handgun Qualification License, that is created under SB-281. Additionally, it would allow members to sell, rent, and transfer a regulated firearm to another person without having to show a Handgun Qualification License.

Delegate McDermott’s second amendment adopted by the Joint Committee allows anyone who is 18 years or older and serving in the Armed Forces or National Guard to purchase regulated firearms. Under the original bill, anyone under the age of 21 would have been prohibited from purchasing firearms. “This substantial change in the law will provide for our brave veterans to return home and have the ability to own firearms which, before, were kept from them simply because they were not yet 21. It is clearly a right they have earned in defending our country”, stated Delegate McDermott.

The third amendment adopted by the Joint Committee will protect individuals with physical disabilities from needing to go through a special board to get approval for the Handgun Qualification License. Under the original bill, anyone who had physical disabilities would have to apply to a special board in order to get a Handgun Qualification License. “I was pleased that we were able to remove this additional barrier to firearms ownership by the states disabled”, said Delegate McDermott.

The last amendment adopted by the Joint Committee clarified that a person may obtain a regulated firearm through inheritance. Essentially, it will exempt inherited firearms from many of the other requirements in the bill and clears the way for possession by the heirs of regulated firearms. “This provides protections for transferring property in the form of firearms to your children and grandchildren,” said Delegate McDermott.

Although these amendments passed, Delegate McDermott still strongly believes that this bill is a major infringement on Marylanders Second Amendment Rights. On the final committee vote on SB-281, Delegate McDermott stated “Not just no, but HELL NO!”

The final vote count to SB-281 was 27-18. The bill is expected to be heard on the House Floor early next week.

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An Update on The O’Malley-Brown Gun Bill: The “Eye Wall” Takes Shape
By Delegate Mike McDermott

Mar. 27th, 2013

The O’Malley-Brown Gun Bill: The “Eye Wall” Takes Shape

By Delegate Mike McDermott

The “eye wall” on the O’Malley-Brown Gun Bill (SB-281) has finally taken shape and, as I have flown through the rhetoric during committee meetings in the past weeks, I believe we are looking at a Cat 5. A “Ban List” of what the governor has designated as “bad guns” has remained alive and well despite indications that our committee was moving toward a more reasonable “features list”. It seems quite clear that the 45 semi-automatic rifles that are currently considered legal, regulated firearms will, overnight, become illegal and banned forever in Maryland. It also seems likely that the current “Handgun Roster Board” that must give its seal of approval on handguns will now be tasked with overseeing rifles based upon a set of suggested language and features to be interpreted going forward by the board and applied to any semi-automatic rifle being sold in state.

So, the deer rifle you hunt with this year could find itself on the Banned List next year depending on the interpretation of a board of bureaucrats appointed by our gun loathing governor. Of course, all this is in the name of public safety in a state where no one has been murdered with one of these “bad guns.”

Going forward, registration is alive and well as is mandatory licensing. After October 1st this year, Marylanders who want to purchase a regulated firearm will need to submit to fingerprinting and an extensive background check by the State Police. There will be a fee associated with this process that will total anywhere from $100 to $400 depending on the final posture of the legislation. This will be the prerequisite to the additional background check that must be conducted every time you apply to purchase one of these firearms.

Further, it is now likely that the magazine restrictions will remain in the bill limiting capacity to no more than 10-rounds. This could have a devastating effect on firearm sales in Maryland as most manufacturers will not retool to suit the needs of a minor market like the State of Maryland. Of course, this could result in a de facto gun ban sure to bring a grin to the face of every liberal and progressive who will gleefully cast a green vote against the 2nd Amendment on any day of the week.

It also seems evident that the mental health aspects of the bill will include a possession ban for anyone who voluntarily commits themselves for treatment options. This truly presents an obstacle for folks who will now be forced to choose between treatment and their firearm rights. For many this is simply unthinkable and they could forego certain treatment options.

Whether or not the House has “71” votes (141 members) to pass, Hurricane Martin’s gun bill remains to be seen. What is clear is the tragic departure from the principles of good leadership we have left in our rear view mirror. No longer do our state leaders attempt to build consensus to insure that a decent level of ownership and buy-in has taken place before they move significant legislation. It all boils down to a mere 71 by hook or by crook, and that identifies division not unity. Getting to 71 does not require much effort so long as you are willing to break a few arms or lean hard on certain projects. To glance up at the board and see the magic “71” should hardly be seen as victory, rather it should be viewed as the symbolic, jaded view that has come to define “leadership” in Annapolis.

Marylanders Take Back Your State!

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Field Notes
Observations and Reflections on Legislative Activities
By Delegate Mike McDermott

Mar. 24th, 2013

Field Notes

Observations and Reflections on Legislative Activities

By Delegate Mike McDermott

Week 10 March 18-March 23, 2013

Monday Night Session:

Third Reader Bills Highlighted/controversial bills included HB-347 which would require additional permitting for certain corporations. Once again, these bills increase the burden on Maryland businesses and often results in diminished economic returns.

HB-667 would require all school employees across the state to be union members and pay mandatory dues. There was much debate on the issue. 10-counties currently have unions and the bill would force the same conditions on all of the remaining counties. There were attempts to amend the bill to require audit oversight and minimum participation numbers but they were all rejected. Ultimately the bill moved to Third Reader without any amendments.

Tuesday Judiciary Hearings:

Third Reader Bills

HB-1106 would allow the sealing of a Search Warrant Affidavit while an investigation is ongoing on a 30-day basis with 30-day extensions allowed by the court.

HB-1232 would allow for the issuance of a Search Warrant via electronic means. This bill would recognize the digital nature of current law enforcement applications and would speed the process under many circumstances regularly encountered by law enforcement.

HB-1453 would decriminalize the use of marijuana for minimum amounts. The bill also creates a taxation of the drug for revenue collection in the state.

HB-1185 would create a specific charge for 2nd Degree Assault of a health care worker. We heard from many nurses and the respective Health Care Association advocates about the need for this type of charge to be implemented.

Tuesday Judiciary Voting Session:

Bills Approved: HB-129, HB-443, HB-542, HB-777, HB-792, HB-857, HB-942,

HB-1407

Wednesday Judiciary Committee:

HB-1490 would place a prohibition on the right to refuse a chemical test of their breath or blood in cases of drunk or drugged driving for someone who has previously been detained for DWI who refuses a required test. It would place a $1000 fine and a one year jail sentence as potential penalties.

HB-565 would make it a crime to sell a vehicle in Baltimore City that would be illegal to operate in Baltimore City.

Bills Approved: HB-14, HB-489, HB-604, HB-889, HB-909, HB-952

Thursday Morning Session:

Third Reader Bill Link There were a few debated bills on Third Reader: HB-328 which provides for “crony capitalism” on behalf of many special breaks being provided for biotech firms. All businesses in Maryland need a break and giving it to a very narrow sector may encourage their growth and development at the expense of all others. HB-361 provides for some implementation language for Obama Care. It provides for the bureaucracy regarding implementation and funding. It is fraught with regulations and fees. HB-224 would relax the penalties

Thursday Judiciary Committee Hearings:

HB-1523 seeks to significantly restrict the collection and storage of DNA for evidentiary purposes. It would set provisions whereby samples could be collected and would establish the procedures for storage. As written, it would restrict law enforcement in many ways from retaining samples or from the collection of samples from convicted sex offenders.

Bills Approved Wednesday Night by Judiciary Committee: HB-396, HB-428, HB-478, HB-541, HB-631, HB-698, HB-854, HB-941, HB-985, HB-1263, HB-1281, HB-1382, HB-1394, HB-1396, HB-1408 B-1396 HB-H

Friday Morning Session:

Bills Approved on Third Reader Debated Bills: HB-1170 which channels state money in certain programs to “sustainable growth” and development and would deny money to communities who do not adopt the state standards for growth.

Saturday Morning Session:

Bills Approved on Third Reader

Saturday Evening Session:

Bills Approved on Third Reader Debated Bills: HB-863 which is the “Fair Share Act” for certain colleges and universities in Maryland. It would require that all of the employees become paying members of the State Teachers Union. Until this time this has been an option for the employees.

Field Notes
Observations and Reflections on Legislative Activities
By Delegate Mike McDermott

Mar. 16th, 2013

Field Notes

Observations and Reflections on Legislative Activities

By Delegate Mike McDermott

Week 10 March 11-March 15, 2013

Tuesday Judiciary Hearings:

HB-930 seeks to deal with an aspect of identity theft where a person gives out private information on an individual without their permission. This is seen as a way of trying to protect the elderly from various types of fraud.

HB-1057 would limit the accumulation of Good Conduct Credits if a firearm was used in the commission of a crime for which an inmate is being held. Sadly, it would only affect a repeat offender of a firearm related crime.

HB-575 would remove the statute of limitations for the use of a handgun in a crime of violence. Currently, that crime has a one year limitation as the charge is a 5-year misdemeanor.

HB-952 would require greater scrutiny of contracts negotiated by the state to supply telephone services to inmates in our correctional institutions. It appeared from testimony that a new contract was recently negotiated that would significantly reduce the cost of inmate phone calls.

HB-1125 would create an “Identity Theft Passport” administered by the Dept. Human Services to assist with the problems of identity theft for children who are in Foster Care.

HB-1178 would continue the reporting requirements by law enforcement agencies on all of their SWAT Team activities. These reporting requirements were due to sunset this year and this bill seeks to continue it indefinitely. It also adds more reporting requirements to the list of data to be collected.

HB-941 would make it a crime to file false liens against an individual. This bill is designed to address, in particular, certain individuals who are part of an organization identified as “Sovereign Citizens” and who seek to punish government officials by filing false liens and tax documents.

HB-940 would establish a crime of armed home invasion.

HB-1225 would add as a penalty to a crime classified as a “drive by shooting” could result in the forfeiture of the motor vehicle involved in the event if the owner knowingly allowed the vehicle to be used for this purpose.

HB-424 would eliminate certain diminuition credits (basically good time credits, etc.) for inmates convicted of crimes of violence involving firearms.

HB-1263 would eliminate the statute of limitations on the crime of practicing medicine without a license. It was pointed out that many times there is extended times that pass without knowledge that a violation has occurred and this would allow for prosecution even after time had passed.

HB-1075 creates a Third Degree Sex Offense in cases involving persons in authority having sexually inappropriate relationships with juveniles who may be under their direction. It is meant to try and protect juveniles 16 and under from be preyed upon by someone who is in a person in authority who is at least 4 years older than the victim.

HB-985 would create a Third Degree Sex Offense during commission of a Burglary.

HB-1095 would mandate certain training standards on law enforcement agencies throughout the state. It would require some training aspects that are already being taught on a regular and semi-regular basis for an officer to remain certified.would

HB-1192 would eliminate any good time credits for any inmate who is incarcerated for using a firearm in committing a crime.

Wednesday Morning Session:

Third Reader Bill Link

This morning we conducted a 2nd Reader on HB-100 (Budget) and HB-102 (Budget Finance) where several amendments were offered to the budget. The vast number of amendments that would have reduced the spending, secured the Transportation Trust Fund, or require local government receive their share of road money were all rejected by the Democrats. There was one amendment offered by Del. Conway which would allow the Public Service Commission (if they saw fit) to provide a payment of up to $300.000 for the Hudson family toward attorney fees associated with the lawsuit they have been forced to litigate that was brought by a local waterkeeper. I attempted the same type of funding last year but the case had not been fully adjudicated and it was not approved. I was glad to support the amendment offered.

Wednesday Judiciary Hearing:

HB-1382 is a bill I submitted that would require a court to hear from victims (those who desire to file a Victim Impact Statement) of motor vehicle accidents for cases that are within the jurisdiction of the District Court.

HB-911 would extend the deadline by which Maryland would be required to stop issuing various drivers licenses to illegal immigrants to July of 2023.

HB-947 would allow for specific damages to be attributable to manufacturers of lead paint based upon the “market share” the company held at the time the paint was being sold. This bill would be a first for any state in applying this standard for liability purposes.

Wednesday Evening Session:

We returned for a second session to take up the 2nd Reader of SB-276 which calls for a repeal of the Death Penalty. We offered 18 amendments on the bill in an attempt to keep the penalty for certain cases where the actions are so heinous, the Death Penalty option should be retained for future usage (considering that we have only had 10-Death Penalty convictions since 1978 with 5 of those inmates still on Death Row). We tried to keep it for murders of police and correctional officers as well as mass killings (one specific to schools) and acts of terrorism. We tried to retain the option for the aggravated First Degree Murder of a child where a Sexual Assault occurred (such as the case of Sarah Foxwell on the shore). The Democrats were simply unwilling to accept any amendments to the bill and clearly do not want to retain any options for the terrible crimes that will, no doubt, continue to happen in Maryland.

Thursday Morning Session:

Third Reader Bills One of the more controversial bills of the morning was HB-1053 which would allow casinos to hire persons convicted of crimes of “moral turpitude” if they had not committed another offense for at least 7-years. Currently, folks who fall into this category are prohibited from working for the casinos. It appears this bill was designed to help with the hiring of personnel for the Baltimore City and Prince Georges County sites which have yet to be built. In a state that exercises loose legislative morals, this probably comes as no surprise.

Thursday Judiciary Committee Hearings:

HB-542 would create a specific penalty for using a dog as a form of bait in the training of another dog. This is a common abuse when criminals train dogs for fighting purposes. It also would make it a crime to allow this activity to occur on one’s property.

HB-865 would allow a court to order a person convicted of animal cruelty to pay for the cost of housing the animal as well as providing medical treatment for the animal.

Friday Morning Session:

Third Reader Bills We took up three bills today: HB-100/Budget; HB-102/Budget Finance; and SB-276 Death Penalty Repeal.

The budget can be summed up by stating the fact that it is increasing the cost and size of government by over $1.2 Billion over last year. In fact, every year the governor and the democrats increase our state spending by well over a billion dollars totaling a 29% increase since he took office. The total increase in state spending this year is over 6%. My guess is that your family incomes have not increased every year by that amount and this year is no exception. The budget and the finance act did not have to dabble as much in tax increases since we already did that in a previous Special Session last year. We continue to maintain huge gaps in our pension liability funding and our “structural deficit” has not been eliminated. Of course, with over $8 Billion in tax increases in the past few years, one should expect that we would not have the problems we continue to face. Our issues are always the increased spending. The governor and the democrats have spent every dollar of every tax increase while they continue to refuse to cut spending. We are told every year by Del. Conway, the Appropriations Chairman, that “we have cut spending”…but what he means is they did not spend as much as they originally had intended. Truth be told, if they propose to increase spending by $2 billion over last years budget and we only increase spending by $1 billion, in their language, “that’s a billion dollars in cuts”. While it is ridiculous, this is what we hear on the floor every year. This does not count the increases in the Capital Budget that we will take up very soon. Both bills now move to the senate.

The Death Penalty Repeal consisted of a lot of emotional rhetoric from the left. Although you need DNA evidence or a video tape of the act in order to utilize the Death Penalty in Maryland, that is not enough for those who feel more compassion for a murderer than they do for a child in the womb. We have some very bad people who commit some very heinous crimes where the only reasonable sentence is the Death Penalty. The failure of many to recognize the importance of retaining this option for unknown events and defendants in the future is shortsighted and wrong-headed. Their rejection of common sense amendments that would have at least reserved the ultimate penalty for those rare crimes only served as an exclamation point on this bad bill. Sadly, the repeal passed.

Field Notes
Observations and Reflections on Legislative Activities
By Delegate Mike McDermott

Mar. 9th, 2013

Field Notes

Observations and Reflections on Legislative Activities

By Delegate Mike McDermott

Week 9 Feb.4-Feb. 8, 2013
Tuesday Judiciary Hearings:
Hearing on School Safety Bills-“The only thing proven to stop a bad guy with a gun is a good guy with a gun on the other side of the doorway”-Delegate Mike McDermott
HB-776 would require records be kept on the sale of ammunition by businesses and would allow a review of sales records by law enforcement personnel. The bill provides for access by local police whenever they desire to review ammunition purchases. This would place Maryland on the same posture as they were in 1986 before congress voted to resend many aspects of the 1968 Civil Rights Act passed by congress. The tracking of ammunition could not be justified as helping solve crimes by law enforcement and was scrapped under the new bill.
HB-375 would require record keeping of significant records which are already required by federal regulations.
HB-1092 would require reporting a lost or stolen firearm within 48 hours of knowledge that the firearm was lost or stolen. It is thought that this bill would assist in establishing straw purchases.
HB-490 would prohibit Teflon coated bullets (referred to as “Cop Killer” bullets). This bill is supported by the NRA with amendments.
HB-861 would tighten up access and availability requirements within a home.
HB-1275 would tax regulated firearms to fund mental health screenings and programs to insure firearms are not accessed by said individuals.
HB-1077 would require the owner of a regulated firearm when it is lost or stolen within 72 hours of such an occurrence. It is very similar to HB-1092.
HB-655 would tighten regulations on access and availability requirements of firearms within a home by children.
Wednesday Judiciary Hearings:
HB-885 seeks to address the sale of counterfeit airbags in Maryland. I see this as legislation that should be addressed federally, but the representatives who testified from the automobile industry believe is should also be implemented at the state level.
HB-838 seeks to repeal the Sunset date for collecting of the surcharge collected by the courts through civil cases to pay for legal aid for those who qualify. This bill would allow for that funding mechanism to continue unabated.
HB-1304 would insure that any communications during Critical Incident Stress Management would be considered Confidential Communications. One would think that these types of communications would already be protected, but we were advised otherwise.
HB-1114 would allow for the use of an annuity account to compensate and provide for persons who are the recipients of judgments awarded under a malpractice claim. It would create an arbitration board who could structure settlements for individuals through annuities over a long period of time to insure that a person’s needs were able to be met in the future.
HB-1156 seeks to create a Maryland Contributory Negligence Act by establishing that contributory negligence should be established based upon the Common Law standard in place as of January 1, 2011. There was much discussion on this issue as it has been before the committee for several sessions as the sponsors seek to reach consensus with the committee members.
Wednesday Voting Session in Judiciary:
The following bills were passed as “Favorable” by the Committee:
HB-60, HB-245, HB-247, HB-277, HB-292, HB-588, HB-626, HB-742, HB-821, HB-858, HB-859, HB-921, HB-950.
Thursday Judiciary Hearings:
HB-396 would create a law addressing the electronic harassment of a minor. This is an attempt to deal with cyber bullying through various social media sources currently in use.
HB-679 would require that notices be issued to residents in an impacted neighborhood that a Juvenile Group Home is being located in that neighborhood.
HB-1320 would increase funding for a pilot program to address Children in Need of Supervision in Baltimore City and Baltimore County. This bill will allow for continued funding support for the next 3 years.
HB-848 would require that juveniles who have been waived to adult status in the courts would be required to be housed in a juvenile facility if it was shown that the juvenile was not violent or a threat to others in the institution.jA
HB-1010 would restrict the ability of government employees to conduct searches of juveniles. It is aimed at actions taken by TSA agents at our airports.
HB-786 would be similar to HB-848 by keeping juvenile offenders under the control of the Dept. of Juvenile Justice and continue to treat them as juveniles even if they have been adjudicated as adults through the courts.
Thursday Third Readers(Click)

Friday Judiciary Hearing:
Friday Third Readers(Click)
The Judiciary Committee conducted a Voting Session on SB-276, the Repeal of the Death Penalty. The Republicans offered several amendments to restore the Death Penalty for certain qualified offenses including for the murder of police and correctional officers, Acts of Terrorism, and First Degree Murder on School Grounds, along with several other heinous acts of crime worthy of Death Penalty consideration. The amendments were all defeated along party lines and the bill was voted out of committee by the same party line vote with all Republicans and one Democrat voting against the repeal. It was clear that there would be no changes allowed on this bill. (Update Analysis)

A Joint Hearing was conducted by the Judiciary and the Health and Government Operations Committees to hear the presentation from the Senate on SB-281, the O’Malley-Brown Gun Bill. The administration highlighted the amended sections of the bill as changed by the Senate. I was told by the Judiciary Chairman that we will be working on the Senate version of the bill going forward. Some changes made in the Senate have weakened the effect of the bill but the proposed legislation continues to do nothing to impact criminals while creating stumbling blocks and challenges to law abiding citizens. It is impossible to amend this bill in a way that would make it something that one could vote for in good conscience. Also heard during this hearing were several marijuana bills addressing medicinal usage and decriminalization. In my opinion, this is a moot point as the federal government continues to maintain marijuana as a Scheduled drug.

Update
The House Judiciary Committee Passes the Death Penalty Repeal: My Thoughts.
By Delegate Mike McDermott

Mar. 8th, 2013

The Death Penalty Repeal Bill (SB276) just passed the House Judiciary Committee. I voted against the bill. Today, the O'Malley-Brown Administration asked the House Judiciary Committee to do something in the future that he is unwilling to do for the past: eliminate the Death Penalty in Maryland. The governor will not commute the Death sentences of the 5-inmates currently on Death row testifying that he needed to evaluate each on a "case by case basis"; yet he asks the General Assembly to consider all murderers the same going forward and make the tremendous leap that none of them qualify for the Death Penalty. We offered amendments that would keep the Death Penalty a viable sentence for mass school homicides and even for the mass killing of a million people by nuclear arms, but the Democrats would not yield. In this action, they have removed protections from our law enforcement officers and our corrections officers all over the state from inmates already sentenced to Life Imprisonment. How do you control an animal who is already in prison under a Life Without Parole sentence if you cannot hold a Death Penalty sentence over his head? By this action, we clear the way for the General Assembly to render Maryland impotent in addressing the very worst of the worst in our society. It is truly against the wishes of a vast majority of Marylanders and will serve to insure that more innocent people will be killed by those whose only sentence can be Life Without Parole.

School Safety Hearing Clip
Observations and Reflections on Legislative Activities
By Delegate Mike McDermott

Mar. 6th, 2013

School Safety Hearing Clip

http://www.youtube.com/watch?v=-24G4ZckU_M

Week 8 Field Notes Feb.25-Mar. 1, 2013
Observations and Reflections on Legislative Activities
By Delegate Mike McDermott

Mar. 4th, 2013

Field Notes

Observations and Reflections on Legislative Activities

By Delegate Mike McDermott

Week 8 Feb. 25-Mar. 1, 2013
Monday Afternoon Hearing in Economic Matters:
I presented HB-999 to the members of the Economic Matters Committee. The bill seeks some minor modifications of current liquor control laws governing only Worcester County and was requested by the Board of License Commissioners and the Worcester County Commissioners.
Tuesday Judiciary Hearings:
HB-698 would create a study of the feasibility for Ex-Offenders to be provided business development programs to promote entrepreneurships of the former inmates. Last year the bill required investing in the businesses of the former inmates, and this year it only seeks to study the issue.
HB-909 would allow for the venue of a homicide scene to be the location where the body or parts of a body were recovered in instances where the establishment of a crime scene cannot be determined.
HB-777 would allow Defendant Cash-Only Bail Bonds to be made by a private surety as opposed to only being made by the defendant.
HB-933 would keep somebody charged with Human Trafficking saying, as a defense, that they did not know the age of the victim in the case.
HB-943 would alter the crime of abducting a child under 16 years of age for the purposes of prostitution from a misdemeanor to a felony with a 10-20 year service. After reviewing the bill, it would seem better to simply eliminate this charge as a misdemeanor and simply allow a defendant to be charged with the general charge of Kidnapping which carries a 20-year sentence.
HB-541 would allow for the state to issue a Certificate of Rehabilitation to an Ex-Offender who has successfully completed various established programs. The Certificate would provide a tangible way for our Division of Corrections to assert that an offender has been rehabilitated. It is thought that this may help former inmates become employable in many instances where before they were viewed with great skepticism.
HB-787 would require a person be charged with Reckless Endangerment as a specific charge but it could not be considered a lesser charge for another offense unless specifically charged.
HB-921 allows for victims of crimes to be provided a portion of the money earned by an inmate who is earning money while incarcerated.
HB-1188 increases the age covered by the Human Trafficking statute from 18 to 21 years of age. It is believed this would aid in the prosecution of these crimes.
HB-1112 would create a process for the release of an individual from custody for a person convicted but found Criminally Responsible. It would put the decision back before the Trial judge before a final disposition is rendered and a person released.
HB-742 seeks to correct last year’s Citation bill which failed to capture a couple of misdemeanor charges which previously could be written via citation but now are not on the list. This bill corrects that omission.
HB-891 would include Anne Arundel County to the list of counties who enhance penalties around the drug hot spot areas around a school zone.
HB-1056 seeks to require sensitivity and awareness training for law enforcement personnel in Maryland to recognize the victims of human trafficking.
HB-1018 seeks to create a task force to study the use of debt collectors through the office of a prosecutor to address “bad check” diversion programs. Some State’s Attorneys are utilizing these private services to assist in the collection of bad debts. The complaint was that this avoids due process.
HB-1228 would create a commission to study the disproportionate justice impact on minorities.
HB-887 would create a Search Warrant to obtain cell phone tracking information (commonly called “pinging” a location). The new technology is forcing law enforcement and the courts to examine the mechanism utilized when securing things such as cell phone records and locations. There would be an exemption for exigent circumstances where law enforcement needs to act with great speed.
HB-854 would allow for the expungement of records for those persons who have been found “not criminally responsible” when the crimes are not of a violent nature. There may be some room for relief in these cases. I mentioned shielding of the records as opposed to expungement and this may be a starting point.
HB-829 would require the Dept. of Corrections to adopt specific policies whereby pregnant detainees would not be shackled while they are receiving medical care relative to their pregnancy or while giving childbirth. We heard from witnesses how some of the procedures utilized by corrections staff have been overdone when it comes to securing an inmate under these circumstances. This needs to be weighed out between the issues surrounding public safety under these conditions and the bill appears to make these types of provisions.
Wednesday Meeting of Gun Bill Work Group:
We reviewed the amendments which had been applied to SB-281. Some represent significant modifications to the bill. The biggest changes are to the licensure process for the Handgun Qualification License which was amended to a 4 hour course at a cost of $50.00 (which does not include the cost of fingerprinting and background investigation). The Senate also added an additional feature requirement in order for a rifle to be considered an “Assault Weapon”. They also altered the language to state that if a firearm was purchased in Maryland it would be considered to have been "registered" by the owner at the time of purchase. I will be reviewing the amendments and seeking to add additional changes and modifications to the bill as it moves through the House Judiciary Committee in the coming weeks.

Wednesday Judiciary Committee Hearings:
HB-626 would provide for increases in the salaries of the Register of Wills across the state. This is a standard review practice that adjusts wages on a periodic basis and would take effect in 2014.
HB-942 seeks to tighten up the regulations governing medical records being protected from identity fraud.
HB-658 would require the Register of Wills in every jurisdiction to submit a report to the House Judiciary Committee and the Senate JPR Committee. Since the issue is centered on one form, it seemed to have been worked out in the committee during deliberations.
HB-1211 this is known as “Slayer’s Statute” and would prevent someone who murders another person from being able to profit from anything tied to those actions. We see this in cases involving the murder of one family member over another who may have been the person named in an estate. The idea that someone could profit in Maryland from the murder of another person is ludicrous, but we will need to pass this bill if it is to be the law in Maryland.
HB-950 provides for increases in the salaries of the Clerk of Court positions across the state. This is a standard review practice that adjusts wages on a periodic basis and would take effect in 2014.
HB-837 would provide for the awarding of attorney’s fees and expenses in cases involving family farms when they prevail in suits filed for violations of environmental regulations impacting any waterway.
HB-858 would modify the current Administration Law governing Estates and Trusts and the Inheritance Tax.
Judiciary Committee Voting Session:
Bills voted “Favorable” by the committee-
HB-60, HB-152, HB-183, HB-250, HB-264, HB-278 , HB-282,HB-311, HB-430,
HB-476, HB-709, HB-719
Thursday Morning Session:
Bills Passed on Third Reader
Of the bills passed this morning, one contains another Electric Tax/Fee that will be seen in every Maryland Consumers bill each month to continue funding the Environmental Trust Fund and various program areas. Once again, this was a “Sunset Bill” whose time had come and , of course, we renewed this tax on Marylanders without fail. These fees and taxes which the democrats often hide in plain sight are often sold to the body as being less onerous due to a “Sunset Provision” which promises to end the fee or tax collection at a date certain in the future. Sadly, the sun never sets on a tax or fee once instigated in Maryland. The same was true today with passage of HB-385.
Thursday Judiciary Hearings:
HB853 addresses Permanent Final Protective Orders and expands some of the provisions under such an Order when a 2nd Degree Assault charge is the subject of the Order.
HB-792 allows the Washington County Sheriff to collect Child Support payments for inmates who are working while incarcerated. This is already allowed in many counties in Maryland and this would add Washington County to the list.
HB-849 requires a different calculation for parents paying Child Support when multiple children are involved.
HB-1099 seeks to craft legislative language to address reproductive rights when conception involves collaborative reproduction. It attempts to address intended parents versus the gestational rights of a surrogate in case there is a dispute.
HB-715 addresses the issues surrounding the termination of parental rights in cases of rape.
HB-1006 would create the ability to “shield” public access to certain non-violent misdemeanor criminal records from general public viewing. If it could be amended to require a 5-year span be applied before shielding could occur and some modifications can be made to the delineated crimes, this could be made to work.
Friday Morning Session:
Third Reader Bills Passed
The House received several of the surviving members of the original Buffalo Soldiers, the 92nd Infantry Army Division composed of all black soldiers who distinguished themselves on numerous occasions and battlefields during WWII. It was an honor to see them on the floor of the House.
Friday Joint Hearing of Judiciary and HGO Committees on Governor’s Gun Bill:
The hearing concluded at close to 4:00 am on Saturday morning following nearly 16-hours of non-stop testimony. 1342 signed up to speak against the Governor’s Gun Control Bill while only 34 spoke up in favor of the bill. I wrote an update about 8-hours into the hearing not realizing I had just hit the halfway marker. There were some great points made during the hearing and we will be putting them together for distribution this week. In spite of the overwhelming presence on display against the bill, and the paltry number who showed up in support, many have their minds set and the road ahead is bound to be full of many disappointments for liberty minded Marylanders.

Update on Gun Bill-From the Hearing
Observations and Reflections on Legislative Activities
By Delegate Mike McDermott

Mar. 1st, 2013

Update on House Joint Hearing on HB-294 (Gun Bill)

By Delegate Mike McDermott

(Annapolis) The House Joint Hearing on HB-294, the Governor’s Gun Bill, continues on into the
night and is passing 8-hours of testimony at the time of this writing. Well
over a thousand signed up to testify against this bill and only a very few testified
in favor of the bill. In fact, except for the “professional” panels that came
in support of the governor (about 20 people), everyone else has been opposed.

We have heard from retirees and 10-year olds, people in
suits and people in working uniforms, people of great means and people of
lesser means, people from Worcester and people from Prince George…all in all, we
have heard from Maryland and they do not want this bill passed.

There have been a few good exchanges with some of those who
have come in to testify. The governor skated today and did not respond to
questions as he had surrounded himself with a large panel providing insulation
and the right questions were not asked. The Speaker and Chairmen running the
joint committee simply did not allow many questions and he quickly escaped out
of the chamber and away from questions.

As of 8:00pm, there were still over 600 hanging around to
testify against the bill. Sheriff Lewis joined several other Sheriff’s from
around the state and provided passionate testimony before the committee in
defense of the 2^nd Amendment. In fact, we heard from many in law
enforcement who stood with the people’s right to defend themselves as they see
fit.

We heard from Beretta Arms who strongly indicated that they
would look seriously at moving from Southern Maryland to another state. This echoes
what we have heard from other manufacturers of firearms in Maryland. Beretta
alone would mean over $400 million to our state coffers.

It was nice to see Worcester State’s Attorney Beau Oglesby
in attendance as well. It seems the only support the bill had was from inside
the beltway. We will be going well into the early morning hours and may well
need to come back later in the day on Saturday to insure that every Marylander
who wishes to be heard on this issue is heard.

Press Release
HB 837 -- Protecting Maryland’s Farm Families
By Delegate Mike McDermott

Feb. 28th, 2013

DELEGATE MIKE MCDERMOTT PRESS RELEASE

Contact: Katlyn Schmitt February 28, 2013
240-320-7711

FOR IMMEDIATE RELEASE

‘HB 837 -- Protecting Maryland’s Farm Families’

(ANNAPOLIS) -- “The farming community plays an important role in our state’s economy. Since farmers are particularly vulnerable in these difficult economic times, we should not hesitate to ease their burden wherever we can, and stave off the frivolous environmental lawsuits taken against them. HB 837 seeks to do just that,” declared Delegate Michael McDermott (R-Worcester and Wicomico Counties).

“The traditional family farm is a recognized heritage and treasure,” stated Delegate McDermott, “and farmers have proven themselves to be the original conservationists, continuing a strong tradition of protecting natural resources.” But a farm family today of limited means can find itself in court up against a multi-million dollar environmental group with endless resources at its disposal. As the cost of attorney fees runs up, the expense of the litigation alone can crush a farm into bankruptcy, regardless of its culpability in the case.

Under current law, a federal court can award legal expenses on behalf of a farm cleared of a clean-water regulatory violation, but no such recourse is available for a case in the state courts. HB 837 (Family Farm - Prevailing Party - Attorney’s Fees and Expenses) allows a court to award reasonable attorney’s fees and expenses to a family farm that is sued for causing water pollution but is successful in the case outcome. This law would cover cases similar to the one that was brought against the Hudson Family Farm. In 2010, the University of Maryland Environmental Law Clinic, the Assateague Coastkeeper, and the Waterkeeper Alliance filed a suit against Alan and Kristin Hudson, alleging that the farm’s operations were polluting Maryland’s waters. In December 2012, the judge ruled in favor of the Hudsons, since there was insufficient evidence to show that their farm was the source of the pollution. However, the Hudsons now face $3 million in legal fees and expenses.

The bill does not apply to local governments and does not undermine their authority and duty to enforce local environmental laws. It does however, protect farms from spurious suits by putting the burden of paying legal expenses on the prosecution.

Yesterday HB 837 was heard in the House Judiciary Committee. Both the Maryland Farm Bureau and Delmarva Poultry Industry voiced their strong support for the bill. HB 837 has not yet received a vote from the Committee.

“Sadly, this is something that Maryland has never had to contemplate before, but today we must take action to insure that our future farmers will have the hope of carrying on their family legacy. The time has come to stand up and draw a line in the sand.” said Delegate McDermott.

###

Field Notes Week 7
Observations and Reflections on Legislative Activities
By Delegate Mike McDermott

Feb. 24th, 2013

Field Notes

Observations and Reflections on Legislative Activities

By Delegate Michael A. McDermott

Week 7 Feb.18-Feb. 22, 2013
Tuesday Meeting-Special Work Group on Gun Bill:
Today, we heard from many psychiatric professionals regarding their thoughts on addressing the mental health aspects of the governor’s gun bill. They shared many concerns regarding folks who may choose to forgo treatment if it has a direct impact on their right to possess a firearm. We also spoke about where effective lines could be drawn as to when a restriction should come into play. There was not a lot of give with these folks and I could hear some frustration with my colleagues on this unwillingness to address the concerns expressed about finding this measuring line.
Tuesday Judiciary Hearing:
HB-476 seeks to correct technical challenges to the legislation that was passed last year regarding bail bonds written for alien defendants. It would not hold bondsmen responsible for alien defendants who are deported by US authorities while under bond.
HB-489 would provide that a State’s Attorney or Asst. State’s Attorney should be covered by laws covering threats against public officials. This is a result of a recent homicide of an Asst. State’s Attorney on the western shore after she had received many threats from an individual.
HB-531 would create a new theft charge relating to mail which is taken from any location. This would provide state sanctions that replicate federal law.
HB-540 would require a foreign entity to honor a Search Warrant which is served on a person representing the entity in Maryland. This can often pose a problem for law enforcement to access court ordered records from larger corporations who do not hold their records or headquarters in Maryland.
HB-544 deals with transfers of Registered Sex Offenders and would make it a requirement for local law enforcement to be notified when a registrant moves into their area. It was argued that current provisions within existing law already provide for this type of notification.
HB-651 would create a specific charge for an inmate using a contraband cell phone while incarcerated. This bill has been modified each of the last two years and I believe it is very necessary given the current smuggling and use of cellular phones within our correctional facilities.
HB-652 addresses the identity of a minor being disclosed when they are acting as an informant for law enforcement. The shielding would remain until the trial begins.
HB-709 would expand the penalties for the crime of Accessory to Commit Murder: in 1st Degree cases to a 20-year maximum; and in 2nd Degree cases to a 10-year maximum. This bill attempts to address some recent problems associated with significant support provided by accomplices to homicides. Many of these are grievous situations that a 5-year sentence simply does not provide adequate punishment.
HB-713 would allow for the forfeiture of property utilized in human trafficking. Much like we confiscate and move for forfeiture in drug cases and other smuggling acts, we do not do so when it relates to human trafficking. We heard many speak passionately about the great need of the victims of this crime.
HB-719 would allow a person who makes a false statement regarding a destructive device (a bomb threat) to be prosecuted in the jurisdiction where the alleged device is to have been planted. Often it is difficult to know where a call was made or to prove jurisdiction during prosecution and this would simplify the matter considerably. There was no opposition.
HB-727 makes the crime of Theft over $100 and less than $1000 able to be charged via Criminal Citation. This charge was inadvertently taken out of last year’s Citation Bill and this bill simply restores this as a crime which can be charged with a citation. There was no opposition.
HB-737 seeks to create a separate charge for defacing property with graffiti instead of simply charging the individuals with Malicious Destruction of Property.
HB-1109 would require a comprehensive risk assessment be performed on defendants held under No Bond to determine if they truly represent a risk to the public if they are released. This would require quite a bit of personnel infrastructure in many areas of the state.
HB-1175 would require a member of the Chief’s Association of Prince Georges County to be appointed to the Maryland Police Training Commission. I believe we would see other metro counties seek similar representation if this is approved.
Wednesday Meeting-Special Work Group on Gun Bill:
Today we heard from the Baltimore County Chief of Police. He is an advocate for the governor’s gun bill. There was no new information exchanged. The chief believes reducing magazine capacity creates an opportunity for unarmed people to attack a shooter when he is forced to reload. I asked him that if he advocated an attack, why not allow the people to be armed in the first place so they could truly defend themselves. He rejected that notion out of hand. As a police officer, he made it clear that he never goes anywhere without being armed, but he does not see this as desirable for the law abiding public. He also believes that gun registration and fingerprinting would stop straw purchases of firearms. It is tough for liberals to give up on their policies even when they have limited success.
Wednesday Judiciary Hearing:
HB-629 seeks to provide some protections for bank customers when a garnishment is attempted against a joint account held by married couples. The bill would notify an individual of their entitled exemption of $3000 by the holders of the account.
HB-509 this would create a Maryland False Claims Act of 2013. This is designed to cover the Whistle Blowers who detect fraud being performed within business or government entities. It would establish in Maryland what already exists within the federal government. Currently we allow for this type of action within our Medicaid system and health care, and this would expand the law to cover all manner of fraud.
HB-599 would require employers to pay the wages of an employee to attend to the requirements of Jury Duty. This bill would have a significant impact on Maryland businesses by forcing them to pay for a traditional civic duty.
HB-732 seeks to include “unmarked” police vehicles under the statute governing Fleeing and Eluding from a Law Enforcement Officer. It was pointed out the changing nature of police vehicles over the years and the lights and sirens employed which further identify them as police vehicles. There was no opposition.
HB-765 would qualify the testimony of a Drug Recognition Expert and their opinion as acceptable as evidence in Maryland courts. It would accept the protocols which have been scientifically accepted.
HB-821 would allow certain disclosures of otherwise privileged communication between a psychiatrist and their patient. In particular where criminal activity is discussed or a threat is made directly against the psychiatrist and the disclosure is being utilized in court to prove a case. The psychologists testified of the need to protect their doctors from threats, but I found it interesting that they do not feel the same obligation for disclosing directly to police on other threats made during their treatment sessions.
HB-987 would create another level of crime for those convicted of multiple DWI’s or for operating with a blood alcohol level beyond a certain level and allow for punitive damages to be awarded to victims of these acts.
HB-1271 would create protections for the use of a name or likeness (usually someone with celebrity status) in the state. This is similar to copyright or trademark laws.
Thursday Morning Session:
HB-226, the governor’s offshore wind bill, was on 2nd Reader. A couple of amendments were offered to try and make the bill better. I offered one which would have required that suppliers purchase their green energy from the least expensive provider. This would greatly reduce the cost for energy being passed onto consumers. This was rejected by the democrats. Another amendment was offered by Del. McDonough which would have required that the production of the wind turbines would need to be performed in America. This was also rejected by the democrats. So a chance to give consumers a break and to make sure any jobs would actually be in the United States were summarily rejected.
Thursday Judiciary Hearings:
HB-442 seeks to codify current procedures already in place with Child Care Providers across the state.
HB-282 addresses the expungement of Juvenile Records. This would allow for greater expungement of juvenile records when certain criteria are met. Some actions would preclude someone from qualifying as would an established period of time which needed to elapse before a person would qualify.
HB-245 would require that a health practitioner report any infant that is deemed to be “substance exposed” if certain factors exist. Ironically, the bill only addresses a child that is outside of the womb. There was quite a bit of discussion concerning whether the bill could address pre-natal issues. It was clear from the testimony that the reporting requirement is not applicable under the proposed law unless the child is outside of the womb.
HB-264 would allow for the sharing of certain Juvenile Records to other states and their respective juvenile authorities. This bill has been refined since it was presented last year.
HB-539 would require the reporting of the death or disappearance of a minor.
HB-428 would require a college or university to disclose and report allegations of abuse. It is designed to prevent something like what occurred in Pennsylvania (the Sandusky case) where reporting requirements were unclear as to sexual assaults committed by faculty and staff members.
HB-588 would allow the Baltimore City Health Department to access certain criminal records for juveniles involved in specified activities and criminal activity. The bill is a continuation of a current practice that sunset in September of 2012.
HB-876 would create a civil penalty for failing to report acts of Child Abuse and mandate reporting by certain individuals. It would also create a task for to look at other options going forward. The fines levied would be used to further prevention and detection of child abuse.
Friday Morning Session:
We had a special Joint Session recognition service to honor the 100th anniversary of the Woman’s Suffrage March which began the legislative movement to give women the right to vote. We began with only the men occupying the Chamber (there are 86) and the women members came in together. It was a good history lesson for everyone.
Voting on Third Reader Bills:
The only debated bill was the governor’s Offshore Wind Bill, HB-226. I have written more extensively on the many problems with this legislation. I believe the bill is a true boondoggle and I highlighted the issues before the assembly. Sadly, this bill is a “leadership vote” and most of the democrat’s line up and vote for these with little thought. Such was the case today as well…a bad day for consumers.
HB 1
Third Reading Passed (132-0)
HB 70
Third Reading Passed (135-0)
HB 99
Third Reading Passed (135-0)
HB 103
Third Reading Passed (131-4)
HB 206
Third Reading Passed (133-0)
HB 226
Third Reading Passed (86-48)
HB 262
Third Reading Passed (133-2)
HB 312
Third Reading Passed (134-0)
HB 346
Third Reading Passed (135-0)
HB 359
Third Reading Passed (133-0)
HB 425
Third Reading Passed (134-0)
HB 494
Third Reading Passed (134-0)
Friday Voting Session of Judiciary Committee:
Bills which were voted “favorable” by the Committee which will move to 2nd Reader
HB-83-Adds to the number of judge positions across the state.
HB-153-Addresses Public Defender representation at certain Bail Hearings
HB-197-Adds 5 points to a person’s Driver’s License if convicted of Illegal Dumping
HB-244-Grants subpoena power to certain individuals within Dept. of Corrections Adm.
HB-254-Allows Allegany County Jail to hold prisoners pending Initial Appearance.
HB-309-Allows for discovery proceedings to aid enforcement in monetary settlements.
Senate Action-Gun Bill
The Senate Judicial Proceedings Committee passed SB-281, the governor’s gun bill, out of committee with amendments. It will be introduced to the full Senate on Monday and the debate will begin on Tuesday.

Article-Taxing Winds Blowing Offshore
Observations and Reflections on Legislative Activities
By Delegate Mike McDermott

Feb. 22nd, 2013

Taxing Winds Blowing Offshore

by Delegate Mike McDermott

There is a lot of hot air blowing around Annapolis these days regarding the viability of
Offshore Wind. The governor and his acolytes would have you believe that the cost will be limited to less than two bucks a month for ratepayers, and we should be thrilled with the prospect.

It would be bad enough if this was the only electricity tax we had to pay over the next 25-years, but it is just the beginning. While Businesses in Maryland will be charged the lion’s share of the taxes and fees associated with this boondoggle, it is the consumer who will actually be footing the bill. As a result, you will be paying much higher prices for every quart of milk and every piece of clothing you buy from a store as a result of the wind tax.

It was interesting to see the paper defend (and even call it straight up) “crony capitalism” when it comes to wind development. The billions spent building these 50-story behemoths would only provide enough energy on a windy day to power 60,000 homes. Given that just one reactor at Calvert Cliffs provides enough clean energy for over half a million homes (with no surcharges or taxes), it is quite clear that offshore wind power is just not a good investment.

We refuse to develop our vast natural gas reserves or even include them in our “green” portfolio. Having a politically correct approach when crafting your energy policy has served to provide our people with rates which are 500% greater than we can purchase from other green sources.

I offered an amendment to this bill which would have required our energy providers purchase their green energy mandates from the cheapest source available so our families could be spared the high costs. This was rejected by those who are under their own mandate from the governor to advance this bill no matter the cost.

Instead of focusing on real energy policies that could move Maryland forward and make our region energy independent, those in charge will strap our future to a horse that can’t win, place, or show. These folks would not even allow us to pass an amendment that would require the equipment be manufactured in America, and they tell us this is a “jobs bill” for Maryland.

There is green energy that makes sense, and it is being produced without the need for subsidies which only serve to stymie innovation and limit our resource development.
Marylanders, don’t get “blown away” by the rhetoric…take back your state!

Field Notes Week 6-2013
Observations and Reflections on Legislative Activities
By Delegate Mike McDermott

Feb. 17th, 2013

Field Notes

Observations and Reflections on Legislative Activities

By Delegate Michael A. McDermott

Week 5 Feb.11-Feb. 15, 2013
Tuesday Judiciary Committee Hearings:
HB-244 would provide subpoena power to the Office of Public Safety and Correctional Services. Secretary Maynard and his staff spelled out the administrative and enforcement needs that they have which requires the need for subpoena authority. This was allowed to the former Sec. of Corrections but this position was done away with under consolidation last year.
HB-247 seeks to codify current procedures in place within the Criminal Justice Information System Central Repository (CJIS) and which are required by the FBI for agencies acting as a repository for this criminal and civil data.
HB-480 would require the courts to explain whether or not their crime upon conviction would be eligible for an expungement by the court. There was some debate on this issue with some thinking that the notification is already being done and others saying that there may be times when this does not occur. It would seem prudent for a defendant to know their rights concerning possible expungement or the lack thereof in these instances.
HB-688 would create a new class of victims of assault by specifying Transit Operators as a particular class of victim that require their own statutory protection under the Assault statute. This is already covered by existing law.
HB-700 would create a new class of victims of assault by specifying Transit Vehicle Passengers as a particular class of victim that require their own statutory protection under the Assault statute. This is already covered by existing law.
HB-292 would repeal the sunset date on the DNA Collection Program which has been very effective in Maryland at brining criminals to justice. We heard about DNA convictions and exonerations of the innocent.
HB-478 creates a separate crime for the commission of an act of violence in the presence of a child. We heard from folks who were concerned about these instances stemming from domestic violence incidents.
HB-60 would require criminal background checks for professional counselors and therapists. The failure to have this done has resulted in persons previously convicted of felonies being allowed to practice in Maryland. This bill would make it a crime for a therapist to have sexual relations with a patient.
HB-326 would require the state to maintain a Vulnerable Adult Abuse Registry for those who have been convicted of these types of offenses. It would also place people on the registry if there is a finding of fault by an oversight board.
HB-699 would increase the statute of limitations for the solicitation of a crime to be the same as the primary crime. Currently, the limitation is only 1-year.
HB-594 seeks to make Tampering with Evidence a crime in and of itself. There was much discussion on the overlap of various current statutes including accessory charges and obstruction charges.
HB-473 would create a task force on the way that defendants are sentenced in Maryland.

Bill Hearing for HB-104:
The Economic Matters Committee heard my Good Faith Business Actions/Penalty Forgiveness bill. I felt it was well received by the committee with several members asking great questions. The Secretary of Labor and Licensing came out against the bill and stated that his department already practices the measures prescribed by the bill. Several members on the committee took exception to the Secretary’s view of his department’s dealings with businesses in Maryland. I had previously asked for a letter stating the Secretary’s operating policy in this regard in exchange for withdrawing the bill. I have not received such a letter. I will be meeting with Chairman Davis of the committee to see what can be worked out.
“A Minute With Mike”-Promoting a Better Business Climate in Maryland.

Gun Bill Work Group:
Today we heard from members of the NRA. It was a tough place for dialogue as they are generally viewed as “the enemy” by those on the left. The position of the NRA can seem rigid, but they staunchly defend the 2nd Amendment and make no apologies for doing so. This found great conflict with many on the committee who view firearm ownership as a “privilege” to be regulated by the government as opposed to a “right” to be enjoyed. We discussed training issues (the NRA is a big supporter and provider of training) with the NRA encouraging a voluntary approach as opposed to a government mandate. One of the delegates how important he thought it was from a safety standpoint to mandate extensive training components in the bill and I asked him if he wanted to do the same thing for chainsaws and other power equipment folks buy at the hardware store. He did have to concede the point. While there were some ruffled feathers, I thought the meeting went as well as it could under the circumstances.
Wednesday Judiciary Committee Hearings:
HB-393 would change the law regarding revoked or suspended driver’s licenses by making it acceptable for certain notifications by the DMV to be acceptable in court as evidence that someone should have known they were suspended or revoked.
HB-458 would allow a relaxing of evidentiary rules as it relates to private documents (such as banking or credit card records). There was quite a bit of discussion on this bill. It was questioned about authenticity of records while the banking lobby testified that these records are rarely, if ever, challenged. It does require bank authorities to spend a lot of wasted time in court to never be called to testify.
HB-83 is a request from the Maryland judiciary to increase the number of judges on the Court of Appeals and the number of Circuit Court judges in various jurisdictions. One of those areas where there would be an increase is Wicomico County (this will be shared with Dorchester County as well).
HB-586 would require that any appeal made as a result of a District Court case would be “on the record” for any non incarcerable offenses. While this would seem to have a minimal impact on case loads for Circuit Courts, it may be worth consideration.
HB-627 would require someone who receives medical attention following a motor vehicle accident to submit to mandatory alcohol testing. There was some discussion about whether we should require this for “serious injury” accidents as opposed to merely being transported for treatment.
HB-309 is a technical means of applying a District Court rule to a Circuit Court case when it comes to obtaining information in civil cases where monetary judgments are made.
HB-556 would extend unsupervised probation to all persons convicted for misdemeanor traffic violations. There may be some amendments to this bill which would take out some charges that the State’s Attorney Association to exception to in the bill. It is said this bill would help redeploy assets in the field to spend more of their time covering violent offenders.
HB-197 would expand and toughen the laws governing illegal dumping of trash and littering in general in Baltimore City. We saw pictures of sting operations where large scale haulers of trash were dumping their loads right on top of city streets or in neighborhoods. The bill calls for greater sanctions.
Gun Bill Work Group:
We heard from State Superintendant of Schools Lillian Lowery and some of her staff. They spoke of security reviews and measures that could be part of the $25 million appropriation in the governor’s budget. I inquired as to their position on providing protection through trained personnel with firearms, but they reject this out of hand. They also reject the use of electronic control devices. In fact, they rejected the idea of allowing off duty law enforcement or LEO retirees from having their restrictions lifted so they could carry on campuses across the state. I confronted them by pointing out that the only thing that stops a bad guy with a gun on the other side of their fixed fortifications is a good guy with a gun. They seem to recoil at this notion and are very rigid in their approach. I am always fascinated by folks like this who reject proposals that would merely allow them some options simply because they do not agree with the premise. It disturbs me that those who are charged with providing a safe environment for our children refuse to do the one thing that would provide some reasonable measure of protection beyond a locked door. I had a similar discussion with Superintendant Fredrickson of the Wicomico Public Schools on Monday which ended with similar results. It is interesting that I have received an entirely different reaction from many teachers and some administrators in our schools.
Thursday Judiciary Committee Hearings:
Today was Death Penalty Day. Governor O’Malley and Lt. Governor Brown came into to testify on HB-295 which is the administrations repeal of the Death Penalty. I had an interesting exchange with them(begins at 22:08) on the bill. The governor believes it is ineffective and costly. The lieutenant governor believes we must end the practice in the interest of justice. I asked the governor why he had not commuted the sentences of the 5-inmates currently on Maryland’s Death Row seeing his advocacy for Life Without Parole as the preferred option. His answer was a dodge. Likewise, I asked the lieutenant governor what justice we could offer in the case of a murdered correctional officer at the hands of a Life Without Parole inmate. He also did not answer the question. The governor points to the Death Penalty and says it does not work, yet we have 4 of the 5 inmates sitting under this form of sentence for 30-years. His position might have more credibility if he had ever exercised the use of the penalty. Since we simply do not use it, how can one say it does not work? The testimony went on for many hours, most saying the same thing. We did have several prosecutors and a compelling correctional officer testify against the repeal.
Taste of the Eastern Shore Event:
A large crowd turned out for this annual gathering at the Loews Hotel. Elected officials and business owners from all over the Eastern Shore turned out to rub elbows with many of the members of the General Assembly in attendance. It was nice to see so many from the lower shore. I had a chance to speak with Comptroller Franchot about a bill I am asking him to support and I also spoke with Sec. Murray of the Dept. of Business and Economic Development about the extensive delays in start-ups for new poultry houses. He agreed that waiting 1-2 years to get a house build approved is terrible.
Friday Morning Session:
There is little movement with Third Reader Bills on the floor at this point, but this should pick up next week as bills have begun clearing the committees. I took a few minutes to have photos taken with one of the Pages from Worcester County, Casey Knerr. She is a senior at Worcester Prep. and spent the week working for the House of Delegates. Although it was a relatively quiet week for Casey, she will be back at the end of session when things will really be hopping. The Page Program is a great chance for students who are selected to spend two weeks in Annapolis learning and serving the General Assembly.
Gun Bill Work Group:
Today we heard from Police Commissioner Anthony Batts of Baltimore City and some of his staff. The Commissioner addressed the 800 pound Gorilla in the room when he spoke about the “two Maryland’s”: one where urban citizens grow up seeing guns as tools of violence and destructive acts; and the other where guns are respected as part of tradition as tools for sport and hunting. How difficult it is to try and build consensus when we come at this issue from such polarized positions. The Commissioner favors many of the governor’s proposals, but we had a candid conversation about the many difficulties to make it work for all Marylanders.
Saturday 2nd Amendment Discussion in Ocean City:
Hundreds turned out for a Town Hall Meeting held by Congressman Andy Harris at the Holiday Inn on 67th Street in Ocean City. The Congressman explained the federal approach and I addressed the O’Malley-Brown bill to those assembled. We then took questions for over an hour. Most were concerned with losing or having their 2nd Amendment Rights infringed upon by government actions. There were a few folks there who supported additional gun control measures. There was some agreement by all on the need to address mental health issues to a greater degree. It was also very clear based upon the statistics available that the government is not doing a very good job of enforcing the current firearm laws already on the books. At times, the meeting was vitriolic as folks spoke passionately, but everyone was generally well mannered and patient. It was a great meeting. I was glad to have Delegate Charles Otto (R-Somerset) upfront with us as well. Other elected officials in attendance included Worcester SA Beau Ogelsby, Worcester County Comm. Jim Bunting and Ocean City Councilman Doug Cymek.

Press Release-Promoting Business in Maryland with HB-104
Delegate McDermott Discusses HB-104: Promoting a More Business Friendly State
By Delegate Mike McDermott

Feb. 15th, 2013

DELEGATE MIKE MCDERMOTT PRESS RELEASE

Contact: Katlyn Schmitt February 15, 2013
240-320-7711

FOR IMMEDIATE RELEASE

‘HB 104 - Promoting a More Business Friendly State ’

(Annapolis) -- “If the governor is serious about growing business, let’s start by saving the ones that are here. HB-104 provides for penalty forgiveness on first time offenses of minor violations of the code. After all, the point is to make the corrections, not tax our hard working business owners through a system of petty fines and overregulation” said Delegate Mike McDermott (R- Worcester & Wicomico) when discussing his proposed bill, HB-104.

HB - 104, entitled ‘Occupational Safety and Health - Good Faith Actions by Business Owners - Penalty Forgiveness,’ prevents the Commissioner of Labor from charging a civil penalty, or fine, against an employer who unintentionally violates the Maryland Occupational Safety and Health Act. Penalty forgiveness will only be given to employers for non-serious violations. Under this bill, the employer will still receive a citation regarding the violation, but will not receive a civil penalty when the violation is not willful or repetitive, the violation is not serious, and the employer corrects the violation within the timeframe set in the citation.

“It’s tough being a business owner in Maryland, and it is getting tougher to recruit new businesses into our state. The restrictions imposed on both small businesses and major manufacturing giants bring Red tape that costs business owners precious capital they need to maintain their viability during tough financial times. Penalizing and fining these hard working folks for minor violations that can be immediately corrected does not make us a very business friendly state” concluded Delegate McDermott.

Delegate McDermott’s bill, HB 104, was heard in the Economic Matters Committee on February 12th.

###

Press Release-Delegate McDermott Receives Top Honors from Business/Government Watchdog Group
By Delegate Mike McDermott

Feb. 14th, 2013

Tractor-Cade Protest on Septic Bill in Annapolis
Observations and Reflections on Legislative Activities
By Delegate Mike McDermott

Feb. 13th, 2013

Coverage of Farmers "Tractor-cade" in Annapolis to oppose the governor's septic bill and land grab.

Press Release-Rt. 12/Rt.113 Traffic Signal Approved
‘The Intersection of US 113 and MD 12 Will Finally Receive a Traffic Signal’
By Delegate Mike McDermott

Feb. 12th, 2013

DELEGATE MIKE MCDERMOTT PRESS RELEASE

Contact: Katlyn Schmitt February 12, 2012

240-320-7711

FOR IMMEDIATE RELEASE

‘The Intersection of US 113 and MD 12 Will Finally Receive a Traffic Signal’

(Annapolis) -- “The Maryland Department of Transportation has finally recognized the dire need for a traffic signal at the US 113 MD 12 intersection. Snow Hill residents and travelers can now rest assure that their travels through that area will be much safer.

Delegate McDermott received a letter today from the Maryland Department of Transportation stating its plans of installing a traffic signal at the intersection of Us 113 and MD 12 by mid-summer. This letter was in response to Delegate McDermott’s letter urging the Secretary of the Maryland Department of Transportation to take action to remedy the large amount of car accidents occurring at the intersection.

As Delegate McDermott explained in his letter, “For countless years, the citizens of Worcester County and the travelers passing through our area have dealt with the treacherous two lane sections of US Rt. 113. Perhaps the worst area of this terrible section of the highway is located at the intersection of Rt. 12 in Snow Hill. The fatalities and serious injury accidents are astounding.”

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Field Notes-Week 5
Observations and Reflections on Legislative Activities
By Delegate Mike McDermott

Feb. 10th, 2013

Field Notes

Observations and Reflections on Legislative Activities

By Delegate Michael A. McDermott

Week 5 Feb.4-Feb. 8, 2013

Monday Evening:
I drove over to Quiet Water Park to make a presentation to two outstanding Worcester County residents who were being awarded the 2012 Sportsmanship Award through the Maryland Dept. of Parks and Recreation. The state recognized Stephen Decatur Middle School student athlete Sarah Mitrecic and Coach Stan Parker for their commitment to sportsmanship and their pursuit of excellence.
Tuesday Morning Session:
HB-75 passed this morning allowing for a change in reporting deadlines for certain utility companies. We also adopted HS-0001 which was a rebuke of certain actions taken by Delegate William “Tony” McConkey during 2012 and to accept the report of the House Ethics Committee and the recommended actions. Delegate McConkey apologized to the House members for his conduct, but also offered some defense of his actions. I voted to censure the delegate and accept the report judging his actions as wholly inappropriate. (Full Report)
Tuesday Judiciary Committee Hearings:
HB-262, HB-267, HB-482, HB-483 all address synthetic cannabinoids and the distribution of faked controlled substances. The legislation seeks to outlaw all aspects of synthetic marijuana and provide the judiciary with the ability to take certain notice as the drug compounds are adjusted by the drug dealers to skirt the law. This particular drug is being sold as “bath salts” and “popery” mixes which are laced with a chemical compound designed to mimic the marijuana high.
HB-338 updates the limit on felony theft to requiring a value of over $1000.00 to bring the various laws governing theft and robbery in sync with one another.
HB-202 seeks to address the malicious destruction of property, specifically transit vehicles. I do not see the need for this bill when felony MDOP already exists.
HB-382 would require defendants to pay into the Criminal Injuries Compensation Fund. It would expand the requirement by allowing these fees to reflect the current practice of funds being received for PBJ cases.
HB-180 would provide an affirmative defense for caregivers of those individuals who acquire or provide marijuana for medical purposes to patients.
HB-183 would modify the composition of the state Correctional Training Commission. It would require the Commission membership to also consist of members from within the ranks of Correctional Officers. We heard from representatives of the corrections employees who feel the strong need to have a voice at the commission level. I suggested an ex-officio status for two committee members who would be appointed from within the ranks.
HB-254 would allow a local jail facility to detain individuals on Arrest documents when a District Court Commissioner is otherwise not available for a Preliminary Hearing. As written, this bill would only affect Allegany County. It is a good idea and I will be trying to see if other counties can be added to the bill.
HB-311 would require a parent or care giver to report a child as missing within 24-hours and 5-hours to notify authorities upon the death of a minor child once the condition becomes known. This was crafted to address some of the issues arising from the Casey Anthony case in Florida where a child’s disappearance went unreported.
HB-250 would require the victims in criminal cases being given priority in receiving compensation from a defendant before the state receives their penalties or fees. It puts victims first and gives priority for restitution.
HB-219 seeks to limit the use of “No-Knock” Search Warrants without prior notification being given to local authorities. The bill would require that the Sheriff of a jurisdiction would need to be notified prior to the execution of a “No-Knock” Warrant. These are warrants that are issued which do not require the police to “knock and announce” their presence prior to executing a warrant.
HB-377 seeks to codify the procedure for using GPS tracking technology in criminal investigations. This bill would require law enforcement to secure a court order in order to capture this information.
Wednesday Morning Session:
Several House of Delegates Awards were presented this morning. The Speaker’s Medallion was presented to John M. Colmers from John Hopkins. The Thomas Kennedy Award was presented to the late Delegates Howard P. Rawlings and Jean B. Cryor. The Caspor R. Taylor Jr. Founders Award was presented to Delegate Veronica L. Turner (Prince Georges Co.).

Wednesday 2nd Amendment Rally on the Mall:

Photo: Here I am with Delegate Smigiel and Delegate Norman waiting to get started.

Thousands turned out for a pro-gun rally on the mall conducted at noon. It tied in with the first hearing in the Senate of SB-281, the O’Malley-Brown Gun Bill. While thousands attended the rally, thousands more signed up to speak in the Senate. Just before we began speaking to the crowd, a beautiful American Bald Eagle circled overhead…not a familiar site in downtown Annapolis to be sure, but an incredible omen for those attending. I’m quite sure that for every thousand that attended, there were another 10,000 that wanted to be there to raise their collective voice against this bill.

Surely there are areas where we could work to make things better for gun owners and our communities, but much of the bill is cosmetic. Banning one type or class of firearm over another is not going to get the job done and is a fool’s errand. Portions of the bill address mental health issues, which we could focus on this year, but much of the bill misses the target. I spoke to the folks as did many other lawmakers and grass roots organizers and it was wonderful to see such a passionate response. I tell you, it made those senators take notice. If we, as citizens, responded more passionately about the other areas of life that come under attack by our elected officials, our Maryland would be a much better place to live and raise a family.
Wednesday Judiciary Committee Hearings:
HB-129 would create a task force committee to study the implementation of a right to civil counsel in Maryland. The principal would be to create a mechanism for providing legal counsel for civil litigants so lower income citizens could have assistance in cases involving basic needs and services. This type of bill will be hamstrung by funding issues, but the concept should be studied.
HB-130 addresses the issue of awarding attorney fees and expenses by the courts. The advocates testified that many cases do not move forward since they are not monetary based and the attorney would have difficulty taking such a case due to the financial implications. This bill would allow a Maryland judge to allow for the awarding of attorney fees in such cases is deemed appropriate by the court. There is some degree of confusion as to what courts this might apply.
HB-186 would create a Law Enforcement Training and Technology Fund by assessing a $5.00 fee on court costs for traffic violations. The money collected would be distributed to the counties through the Governor’s Office of Crime Control. This fund exists within the governor’s budget, but has never been funded.

(In Ways and Means testifying with Delegate Fisher on HB-106)
Bill Hearing on HB-106 (Repeal SB-236):
This afternoon I had my hearing on the repeal of last year’s Sustainable Growth-Septic Bill, HB-106. What a great turnout from the shore and the rest of Maryland. The testimony took a couple of hours and I heard from some of the folks on the committee who supported the governor’s bill last year that may be having a change of heart after listening to the folks today. While we had many come up for the 2nd Amendment rally on the mall today, a significant number came to testify to repeal a bill that is a jobs killer and a taking of land rights and value with no compensation to the owner. It truly represents a great land grab by the governor and I was proud to stand with Delegate Fisher (R-St. Mary’s) and make a passionate plea for them to move forward with a full repeal of this legislation. I want to thank all those who took the time to travel from all over this great state to speak out on this very important subject.
Photo: Presenting in Ways and Means with Delegate Fisher.
(Click here to see testimony-start time was 3:19 pm)
Bill Hearing on HB-188 (Generator Tax Credit):
My hearing on HB-188 was conducted before the Ways and Means Committee this afternoon. The bill allows for a tax credit of up to $7000.00 for gas stations who install emergency power generation equipment. The credit would be provided against their State Corporate Income Tax liability. I showed a prepared video of the problems encountered following Hurricane Sandy. The members asked several thoughtful questions and I believe the bill may have a chance at moving forward.
(Click here to see testimony-start time is 3:09pm)
Thursday Morning Session:
We had a good debate this morning over HB-89 which would create a surcharge tax on natural gas consumers in Maryland of up to $2.00 per month. It was said that this would “protect” consumers by putting a cap on the amount that can be charged for replacement projects on underground pipe. It was argued that these fees area already factored into utility rates by the Public Service Commission and they have the ability to include these increases in the rates at anytime they feel it is warranted. Originally, I liked the idea of a cap being in place and supported the concept. In the end, there were too many unanswered questions and potential outcomes that moved me to be unfavorable on the bill.
Thursday Special Committee on SB-281 (Gun Bill):
We heard from the State Superintendent of Public Schools and her staff regarding school safety. As one might expect, their position and approach tended to be very academic. They do not like the idea of introducing any firearms into the security equation as an option. They do not like the idea of electronic control devices either. In fact, they did not even like the idea of off-duty or retired police having the ability to carry firearms on their campuses. They want to spend the money on locking doors and training people how to respond. This is alright, but we know that the only thing that stops a bad guy with a gun is a good guy with a gun. Their failure to embrace this notion is disturbing.
Thursday Judiciary Hearings:
HB-257 seeks a change to the makeup of the local St. Mary’s Adult Protective Services Board. Currently the law requires a psychologist be one of the members and the board has had trouble keeping this particular position filled.
HB-277 would change the manner of hearings conducted before the judiciary in cases involving children in need of assistance. It would add a new review hearing to be conducted within 6-months of a child being brought into the system. This would be a minor extension of the hearing schedule already being conducted.
HB-278 would require the notification at least 10-days prior to any hearing involving a child be made to a foster parent, caregiver, or pre-adoptive parent. This is in response to a federal mandate requiring these actions to bring Maryland into compliance with federal law. It is requested by the Maryland Judiciary.
HB-200 would make strangulation a First Degree Assault as opposed to a Second Degree Assault. There was testimony that this issue needs to be addressed to deal with domestic violence assaults. Since Second Degree Assault already carries a 10-year penalty, the committee seemed reluctant to increase the penalty for any degree of strangulation or choking as the full penalty is rarely being applied.
HB-178 is a bill that would strengthen the Dangerous Dog Law. It covers issues surrounding registration with Animal Control and dog owner liability when it comes to protecting the public from dog bites and attacks. The committee is attempting to address the Dangerous Dog Law in light of recent court decisions which make Pit Bulls, by definition, a “dangerous breed”. I believe a bill one bill will come out of the committee to address this issue.
HB-618 would place a strict liability standard on all dogs which are considered to be “running at large”. This is the bill which was favored by the Judiciary Committee during one of the Special Sessions in 2012.
Judiciary Voting Session:
The following bills were approved by the committee:
HB-12; HB-116
Friday Eastern Shore Delegation Meeting:
We heard from Sec. of Agriculture Buddy Hance today and generally it was discouraging. Former Ag Secretaries always found a kindred spirit in the Eastern Shore Delegation, but that is not true for Sec. Hance. While previous Ag Secretaries often fought against the Governor’s proposals tried to minimize the damage for the farming communities, Sec. Hance seems to accept the environmental push down of fees and over regulation as unavoidable and offers rarely a whimper of objection. Much of this was pointed out by Sen. Pipkin. Sen. Mathias defended the governor and the administration. I’m quite sure our previous Ag Secretaries from the shore would have already resigned in protest of the administration’s actions. The fact that Sec. Hance feet remain fixed speaks volumes.

We also heard from the Delmarva Poultry Industry (DPI) representatives who painted a very bleak picture of their industries status in Maryland. New House construction is not even close to meeting a sustainability number for the industry. Folks are still reporting 1-2 year wait times and delays for permit approvals. We heard from the banking side of industry which highlighted the damage to borrowing power done by last year’s Septic Bill (SB-236). When you contrast our decline with our neighboring states progress, it appears very unlikely that we can recover. The industry is expanding in Delaware at the same rate it is contracting in Maryland.

The Mayor’s Association was in town for meetings and we had Mayor Gee Williams from Berlin and Mayor Bruce Morrison along with his wife Laura in attendance at the meeting. I also had the privilege of being shadowed by Jack Fager who came with his mom Michelle from Ocean City to see Maryland government in action.

Field Notes
Observations and Reflections on Legislative Activities
By Delegate Mike McDermott

Feb. 3rd, 2013

Field Notes

Observations and Reflections on Legislative Activities

By Delegate Michael A. McDermott

Week 4 Jan. 28-Feb. 1, 2013
Tuesday Judiciary Committee Hearings:
HB-116 would allow for what is commonly referred to as “one-way” wire taps for crimes involving vulnerable adults. Current law allows for use of this type of recording for a multitude of crimes from Murder to Obstruction of Justice. This bill would add crimes against vulnerable adults to the list. We heard from several folks about the need for this mechanism to assist in these crimes, particularly many that cannot even speak for themselves.
HB-156 would increase the fee of removing a shopping cart from a store premise from $25 to $100. The penalty has been in place since the 1950’s and it is believed that the increased penalty would help keep people from removing the carts for fear of prosecution. This crime is already covered by the current Theft statute which carries a more significant penalty of up to $500. I suggested that Montgomery County create a local civil penalty to encourage enforcement that could target their particular problem with these cart thefts.
HB-154 would provide that someone who is sentenced in a District Court case who is convicted and sentenced who is entitled a second (new) trial before the Circuit Court would be allowed to have their sentence stayed pending the outcome of their appeal to the Circuit Court. It would act to release people from incarceration (who have already been convicted) while their case is on appeal. According to testimony, it is unclear if anyone is having difficulty receiving an Appeal Bond while they wait for their Circuit Court trial and this may not even be a problem.
HB-152 seeks to limit the double jeopardy which can occur when a case is tried before a Federal Court which could also have jurisdiction in a State Court. It basically makes the government choose the jurisdiction in which it wants to pursue a case against an individual.

Special Committee on Gun Legislation: Today the committee received an overview of the O’Malley-Brown Gun Bill. We went over the major components of the legislation asking questions along the way for clarification. I have broken the bill down and, although it is not an exhaustive review, it provides a good overview. It can be viewed at this link: Gun Bill Overview.

Wednesday Session-State of the State Speech
Today, all the pomp and circumstance of a joint session in the House of Delegates where we listen to Governor O’Malley tell us how he sees the condition of our state. The governor began by referencing the Ravens, and, had he stopped there, it would have been the most uniting speech of his career. It went downhill from there. The governor is a big government guy and he believes it all the way. He pointed to a list of accomplished areas such as education where Maryland receives “number one” ratings from certain select sources. Essentially, if a state government is willing to outspend us as a percentage of their assigned state funding on education, they can dethrone us. This is also true for our willingness to spend money we do not have to provide various services across the board for anyone who asks. For instance, we are certainly not “number one” in the outcome of the education we provide, but let’s not look at those statistics. I do not blame the governor for drawing attention to areas where the state has been awarded a blue ribbon by some magazine or association, but our failure to be intellectually honest about how we achieve the ranking only hurts our future by focussing on the wrong measure of success: outcome!

Here are some of the governor’s concluding remarks. Where he refers to “a random shuffling of the deck”, he must have been alluding to this speech and our direction as a state. ..
“ I leave you with these thoughts:
Life is an ever evolving story of change and choice –letting go of things and ways that were, in order to reach for that which we have yet to achieve.
It is not some random shuffling of the deck, or a tossing of cards. Life is an intentional process, and it calls for the goodness of our own intentions.
We, here in Maryland, are called to work at the center of this intentional movement. For every decision we make, there is a future foretold.
Jobs and opportunity; public safety, public education, public transportation, the health of our people and the health of our planet. These are our concerns; and they are also the world’s concerns.”-Governor Martin O’Malley

Go here to read the entire speech

Wednesday Judiciary Hearings:
HB-163 would eliminate the Office of Orphans Court Judge from Anne Arrundel County and replace them with the Circuit Court. It was supported by the Anne Arrundel Delegation but was opposed strongly by many judges of the Orphans Court across Maryland. Based upon what I heard and observed, this bill is going nowhere.
HB-150 would require that a person who is involved in a motor vehicle accident where a fatality or serious injury occurs cannot refuse to submit to a test of breath or blood to determine alcohol concentration. This bill seeks to increase the number of drivers tested and an overall strengthening of DWI enforcement in Maryland in accident cases. There was only token resistance offered by the Office of the Public Defender.
HB-78 is the “Pit Bull” legislation which seeks to mitigate the court case which made all owners of Pitt Bull dogs liable for any attacks, damage, or bites inflicted by the dog. This bill would provide that an owner can provide evidence to show that they had no reason to believe the dog in question was previously aggressive (a rebuttable presumption). Effectively, this bill will widen the liability incurred by dog owners in general as opposed to being breed specific. The impression from the co sponsors of the legislation is that the bill is a compromise and does not reflect the will of the House of Delegates in a bill which was passed last year by the House. The hearing was long with many people testifying on the bill.

Thursday Afternoon Judiciary-Budget Briefing
We received our annual budget fiscal briefing by Director Warren Deschenaux of the Office of Policy Analysis from the Dept. of Legislative Services. Overall spending increases over 6%. There are hundreds of millions in new spending and some restoration funding. The budget includes a 3% COLA for State employees as well as Merit raises. Our debt service currently stands at $100 million, but more state spending involves trading current dollars for bonds (debt). This will increase our debt service in coming years to over half a billion dollars which will have a significant impact on future budgets. It is the proverbial kicking of the can down the road. The next two administrations will be addressing the folly of the current administrations spending policies.

There is a new $25 million fund for School Security (this will not go far across an entire state). The budget throws a one time bone to municipal governments by giving them a slight increase for local transportation issues. This is nowhere near the 90% amount the governor took from local government funding several years ago. Ironically, the governor does not call for increasing any funding for the counties in this regard. Some of these breakdowns can be found on page 5 at the above link.

Special Committee on Gun Legislation: Today the committee heard from Dr. Daniel Webster (John Hopkins) and Secretary Joshua Sarfstein (MD Dept. of Health) regarding studies on gun violence and firearms registration components instituted by various jurisdictions. The relevance of the information was questionable as there was no comparison/contrast with what Maryland is currently doing in this regard. Some information that would have been helpful was simply missing from the presentation.

Press Conference on Gun Bill: There was a Senate-House Press Conference on the O’Malley-Brown Gun Bill. Sadly, while Republicans are standing up to the assault on the 2nd Amendment, so far the Democrats have been mostly silent with any opposition. Only Senator John Astle and Delegate Kevin Kelly have spoken up against the bill.

Friday Morning Eastern Shore Delegation Meeting:
The Delegation met with Secretary Joshua Sharfstein of the MD Dept. of Health and Mental Hygiene. We also met with representatives of various Hospice organizations from the Eastern Shore who reported on their activities. We received an update from the folks representing the Healthy Families Programs and agreed to write a letter to support a funding increase. Minutes from the meeting are available at this link: Delegation Minutes 2-1-13.

Eastern Shore Delegation Minutes Feb. 1, 2013
Observations and Reflections on Legislative Activities
By Delegate Mike McDermott

Feb.1, 2013

EASTERN SHORE DELEGATION MINUTES

January 25, 2013

Present: Senators: Pipkin, Mathias and Colburn
Delegates: Eckardt, Haddaway-Riccio, Hershey, Otto, Conway, Jacobs,Norman, Cane, McDermott

Absent:
Delegates Smigiel, Rudolph and Glass

Chairman Eckardt called the meeting to order at AM.

Maryland Department of Health and Mental Hygiene

                   Secretary Joshua M. Sharfstein

Hospice of Queen Anne’s

                  Heather Guerieri, Executive Director
                   Kathy Deoudes,Vice-Chair, Board of Directors
             Marilynn Grossman, Community Outreach Coordinator

Talbot Hospice Foundation

                Julie L. Crocker, Executive Director, MSN, RN

Coastal Hospice

                   Alane Capen, President, RN, BS, CHPN
                   Maureen McNeill, Director of Development

Announcements

Old Business

What the O'Malley-Brown Gun Bill Does
Observations and Reflections on Legislative Activities
By Delegate Mike McDermott

Feb. 2nd, 2013

What the O’Malley-Brown Gun Bill Does

By Delegate Mike McDermott

The following breakdown is, by no means, exhaustive as it relates to the intricacies of this large document. I have attempted to break down the basic elements in the bill, and, at times, contrast the provisions with current law. There are a multitude of issues that arise from the proposed legislation which will be the subject of debate. Some reflection and modification of current law is in order, particularly as it relates to mental health issues. I also believe some attention needs to be paid to the issue of Criminal Background Checks. I will keep you posted on any proposed changes. A complete list of current firearm bills that have been proposed can be found on the MGA website. Here is the O’Malley-Brown Gun Bill breakdown:

Defines all Regulated Firearms currently listed as “Assault Weapons” as “Assault Long Guns”.

Defines “Assault Weapon” as an “Assault Long Gun”; an “Assault Pistol”; or a “Copycat Weapon”.

Defines a “Copycat Weapon” as “a semi-automatic centerfire rifle that accepts a detachable magazine”…along with any one of a long list of features.

So, the bill consolidates all of these types of firearms under the heading “Assault Weapon”.

“Copycat Weapon” is an “Assault Weapon; “Assault Long Gun” is an “Assault Weapon”; “Assault Pistol” is an “Assault Weapon”…yet a “Copycat Weapon” does not include an “Assault an Assault Long Gun” or an “Assault Pistol”???

The bill bans all “Assault Weapons” from being possessed or brought into the State of Maryland. There are some exceptions to the ban:

Assault Pistols possessed and registered prior to June 1, 1994

A Licensed Firearms Dealer can continue to possess/sell/transfer an “Assault Long Gun” or a “Copycat Weapon” lawfully possessed on or before 10-1-2013. (Note: it seems that “Assault Pistols” are not included)

An individual gun owner who lawfully possessed an “Assault Long Gun” or a “Copycat Weapon” before 10-1-2013 and registers the weapon with the State Police prior to 11-1-2013 may continue to possess said weapon.

(Note: Exceptions remain for tubular fed rifles in .22 caliber)

The bill limits all magazine capacities for any firearm to 10-rounds.
(Note: current law allows restricts to 10-rounds for a handgun/20-rounds for a rifle)

The bill adjusts the penalties and expands the definition for utilizing an “Assault Weapon” and/or magazines of greater than 10-rounds in the commission of a crime.
(Note: Current law only addressed Assault Pistols or a magazine of over 20 rounds).

Mental Health Issues/Adjustments:

Those under a court ordered Involuntary Commitment must surrender any firearms in their possession if the attending physician deems it appropriate. Once surrendered, the weapons cannot be returned until the individual is granted relief through the State Health

Department after meeting several criteria for removing the disqualification stipulation.

Those who have been found “Not Criminally Responsible” are disqualified.

Those who have been voluntarily or involuntarily patient for 30 consecutive days or more are disqualified.

Those who have been declared unable to possess a firearm by a court based upon credible evidence of their dangerousness to others are disqualified.

Those under the protection of a guardian appointed by a court are disqualified.

In Order to Purchase a Hangun…:

Possess a valid Handgun Qualification License;

Not be prohibited by Federal or State law from possession

Creation of a “Handgun Qualification License”:

This will be the means through which a person becomes authorized to “purchase, rent, or receive a handgun.” In order to take possession of a handgun, the following criteria must be met:

In order to qualify for a Handgun Qualification License, the individual must:

Be at least 21 years of age;

Be a resident of Maryland;

Attend a state approved Firearms Safety Training Course within one-year prior to the purchase of the firearm.

The 8-Hour Firearm Safety Course must include the following elements:
Classroom instruction on:

1.      State Firearm Law;

2.      Home Firearm Safety; and

3.      Handgun Mechanisms and Operation.

Firearm’s Qualification demonstrating personal proficiency with the firearm.

Apply to the Central Repository for a National and State Criminal History Check

1.      Submit two complete sets of legible fingerprints to the FBI;

2.      Pay a fee associated with a Criminal Background Check to the state;

3.      Pay a fee associated with the FBI Background Check

Pay a $100.00 non-refundable Application Fee.

(Note: The Handgun Qualification License is good for five-years and can be renewed by meeting the same standards as prescribed in the original application and paying all associated fees required).

Individuals who move into Maryland after 10-1-2013:
The bill appears to prohibit bringing any Assault Weapon into the state following the ban date. Regulated firearms that are brought into the state after this date:

Must be registered with the MD State Police within 30-days after establishing residency;

Must pay a non-refundable fee of $15.00 per weapon registered.

Eastern Shore Delegation Meeting Minutes
Observations and Reflections on Legislative Activities
By Delegate Mike McDermott

Jan. 18, 2013

EASTERN SHORE DELEGATION MINUTES

January 18, 2013

Maryland Department of Environment

Secretary Robert M. Summers discussed the bills his department is concerned with this year. The first has to do with the Federal Clean Air Act and the posting of public hearings. They are seeking to eliminate the newspaper publishing requirement. Also, new source performance standards legislation has been introduced. Shellfish monitoring legislation has been introduced. Currently monitoring in closed waters must be available upon request. The legislation seeks to assign monitoring where it is most needed regardless of whether it is open or closed waters or if it has been requested. MDE has had a number of workgroups mandated by legislation including. Composting and Marcellus Shale.

Senator Pipkin asked why the state would seek to reduce the public hearing process. Mr. Secretary said that this was streamlining where the law mandates newspaper publishing for hearings allowing for other options.

Delegate Otto asked about water appropriation fees and his hope that MDE is not pursuing this again this year. Mr. Secretary stated it was not being pursued.

Madam Chair asked for an update on storm water management permit issues relating to the construction of poultry houses. Mr. Secretary said the process should be expedited at this time.

Secretary Summers gave a chronology and history of the Conowingo Dam and highlighted the various activities currently in process to address the ongoing growing sediment capacity of the Dam that impacts the water quality and quantity of the Chesapeake Bay and tributaries. MDE has taken the lead and is working with others including Exelon to study the in/out flowing sediment. The document will be completed in 2014. MDE is also involved in the FERC relicensing for Conowingo Dam. Issues involved are sediments and fish passage (shad and American eels.) Pennsylvania, the Nature Conservancy, NOAA, US Fish and Wildlife Service, the Lower Susquehanna River keepers and others have been active in the process. This year MDE will be tasked with issuing an REA - Ready for Environmental Action.

Delegate Rudolph asked about a feasibility study on dredging a specific pond. Secretary Summers said it was a function of ACOE and it is funded. The outcome will be an assessment, potential dredge locations and the feasibility of the costs.

State has to determine whether any large project meets qualifications through a 401 certification. FERC cannot overrule a denial of this certification.

Senator Pipkin asked about clean up costs to implement phase II WIP’s. Secretary Summers stated that it was about $14-$17billion or so between now and 2025. The Soil Conservation Districts and USDA will be providing funding so he does not believe that a legislative request will be necessary. Senator Pipkin pointed out that when they open the gates of the Conowingo the sediment flows freely and is substantially increased over the years. He felt this negates the costs of all the studies since action does not seem to be coming forth from those studies. Senator Pipkin stated if MDE does not solve this problem we will be sitting here 10 years from now only with substantially worse pollution. He inquired as to the action plan as a result of spending all of the taxpayers’ money. Secretary Summers responded that the action plans are not just MD’s WIP, it’s the whole watershed. We have to cut the sediment from PA. We have to stop the inflow.
Senator Pipkin again requested an action plan? Secretary Summers responded that FERC licensing provides an opportunity for the action and that MDE is taking this very seriously.

Delegate Smigiel thanked MDE for their help with the proposed dumping site Pierce Creek. There is still a large concern about Courthouse Point. He referred to a report that discusses significant health risks there but cannot seem to be given a copy of that report. He requested a copy of the report and urged MDE to stay involved.

Senator Colburn thanked MDE for their work with the state of Pennsylvania on all of these issues. He asked if there was a date for implementation for streamlining the storm water management permitting. Secretary Summers responded he will get an answer very soon for him.

Delegate Norman reminded MDE that Conowingo is in his district. He asked if the FERC relicensing at Holtwood was being taken as seriously as it was at Conowingo. Secretary Summers said it was.

Delegate Jacobs stated that the Shad industry was wiped out. Oysters are struggling and now with Scouring the waters in his district are suffering. He’d like to know what kind of action MDE is going to take to help the upper part of the Bay. MDE responded said they had received some federal dollars to help with things north of the Bridge. Delegate Jacobs said the only efforts he’d seen were in Anne Arundel. MDE stated he would follow up with Delegate Jacobs. MDE went over what some of the monies are spent on in general. Delegate Jacobs expressed his frustration that the Upper Bay seems to have been forgotten or ignored.

Delegate Haddaway-Riccio offered a motion to send a Delegation letter to request a formal action plan from the Governor. Motion passed unanimously. Delegate Haddaway-Riccio and Senator Pipkin will provide a draft to the delegation.

Senator Pipkin pointed out that there were constituents in the room from North West Creek who travelled all the way down here just to speak to the Secretary.

Senator Mathias thanked MDE and Secretary Summers for all of his efforts on behalf of the Shore and urged him to continue. Senator Mathias asked if regarding the fines and associated costs that are debilitating to businesses that he continue to review and be conscious of the effects placed on our businesses and citizens.

Susquehanna River Basin Commission

Paul O. Swartz, Executive Director

Mr. Swartz gave an overview of their organization and their goals. He referred to the handouts and enumerated on the activities of their organization. Enclosed in his handouts was their own report on nutrient and sediment outcomes at the three monitoring locations. They report that “Consumptive Water Use” is an important factor in the health of the Bay. It is their organization who regulates the water withdrawals.

Delegate Rudolph pointed out that what is happening up north in terms of water protection is important to several cities in Cecil County and in Baltimore City. He asked if they would be willing to help other organizations who have concerns with the Susquehanna River Basin-Mr. Swartz assured him they would.

Exelon Corporation:
                             Anne Lindner: Director of State Government Affairs
                             Kim Long: Senior Environmental Specialist
                           Mary Helen Marsh: Director of Environmental Programs

Ms. Lindner introduced Ms. Long and Ms. Marsh and discussed all of their roles within the organization and how Exelon affects the Bay (briefly). Ms. Long discussed how the Conowingo plays a role in providing power. Ms. Marsh discussed the licensing and state/federal requirements. They are currently in the negotiating phase of the relicensing of Exelon.

Delegate Jacobs pointed out that he was up on the Dam just after Hurricane Sandy. When they called into the hotline, the number of gates they were saying were open did not match the number of actual gates open. This happened on at least two occasions. Ms. Long said she would check into it. He also wanted to know if they could improve debris collections. Ms. Long said they do collect debris and recycle and have an ongoing debris management plan.

Marine Trades Association of Maryland

                           Susan Zellers, Executive Director, Marine Trades Assoc. of MD
                           Jay Dayton, General Manager, Avon Dixon Agency
                           Bryan Braley, President, Grande Yachts
                           John Stierhoff, Lobbyist, Marine Trades Association of Maryland

Ms. Zeller spoke about ways to increase boat registrations. SB 90 limits the amount of excise taxes that could be incurred on a boat registration. They find it to be counterproductive. Waterway Improvement funds have declined and the time is now to take action. SB 90 does that. There will be a cross-file of that bill. Mr. Dayton spoke about his experience up and down the coast with marina owners and boat owners who refuse to bring their boats here because of the excise tax. Surrounding states have none or have capped theirs and the state of Maryland is losing out on these dollars (gas, tourism, business dollars) because of an uncapped Excise tax.

Delegate Hershey asked if the 23.5 cents gas tax is imposed on marina gas stations. They said yes and that a few years ago they tried to get a percentage of that money for the Waterway Improvement fund but it did not occur. Delegate Hershey stated he would investigate introducing legislation that would allocate the Tax collected at on-water gas pumps directly to the Waterway Improvement Fund. Senator Colburn said he would support the bill.

Delegate Cane suggested projected revenues might help strengthen their case in terms of jobs and other economic factors.

Meeting was adjourned at 10:56.

###

Press Conference on Governor's Gun Proposal
Observations and Reflections on Legislative Activities
By Delegate Mike McDermott

Jan. 31st, 2013

Here is a link to a press conference conducted today in Annapolis to oppose the Governor's Gun bill.

http://www.wbaltv.com/news/politics/GOP-Governor-s-gun-control-proposals-fire-blanks/-/9379266/18364548/-/60j9ehz/-/index.html

Press Release
What You Can Do To Support The Repeal of the 'Septic Bill'
By Delegate Mike McDermott

Jan. 28th, 2013

DELEGATE MIKE MCDERMOTT PRESS RELEASE

Contact: Katlyn Schmitt January 24th, 2013
410-841-3431

FOR IMMEDIATE RELEASE

‘HB-106 - The Repeal of The Sustainable Growth and Agricultural Act of 2012 (SB - 236) - Recieves a Hearing Date’

(ANNAPOLIS) -- Today it was announced that HB-106, entiled ‘Sustainable Growth and Agricultural Preservation Act of 2012 - Repeal’, will be heard in the Environmental Matters Committee on February 6th, at 1:00 p.m. “Let’s get as many people as possible to come out to Annapolis to testify in favor of this bill. We need to show the Environmental Matters Committee the negative impact this bill has on the people of Maryland and their property rights” stated Delegate Mike McDermott (R- District 38B) in response to the hearing date.

“Last year, the General Assembly took away decision making authority from our local governments under SB-236. In the name of ‘preservation’, they gave us restrictions, and in the name of ‘planning’, they have now taken control. Currently, many local governments are waiting and hoping that some relief will come during the 2013 Session, and I am hoping to do just that with the Repeal of SB- 236” stated Delegate McDermott.

What YOU can do to SUPPORT this bill:

Come to Annapolis and testify in favor of the bill in Environmental Matters on February 6th.

- You have to sign up on the “Witness Sheet” in the Environmental Matters Committee room by 12:00pm. This Committee is located in Room 251 of the Lowe House Office Building.
- If you cannot make the hearing, or you would like to voice your opinion in writing, you can also submit “written testimony” in favor of the bill to the Environmental Matters Committee. You can submit the written testimony by either emailing Delegate Maggie McIntosh, the Chair of the Committee, at maggie.mcintosh@house.state.md.us. You can also mail your letter to the committee at Delegate Maggie McIntosh, Chair
-                                                 Environmental Matters Committee, Rm 251
                                                  Lowe House Office Building
                                                  6 Bladen St., Annapolis 21401
- As the title or subject of your written testimony, you should include the words “Written Testimony in Support of HB - 106.”

2. Contact the Delegates of the Environmental Matters Committee by mail, phone, and/or e-mail.

- A list of the Committee members and their contact information can be found at: Environmental Matters Committee Members.

3. Call the Delegate and Senator of the district you live in and voice your support.

- If you are unsure of who represents you, or their contact information, please visit: http://mdelect.net/.

4. Pass this press release on to as many Marylanders as you can.

- If you have any questions or concerns, please do not hesitate to contact Delegate McDermott’s office at 410-841-3431. Or you can email him at mike.mcdermott@house.state.md.us.

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