Special Session of the General Assembly

Legislative Field Notes

By Delegate Mike McDermott

Morning Session:

The first matters that were taken up in the Special Session were the bills from the 2011 Regular Session which had been vetoed by the governor. There were 40 such bills to address. We had discussed all of these vetoed bills in our caucus meeting previously. Most were duplicate or cross filed bills which were passed under another file number and represented technical vetoes. Some of the vetoed legislation was reviewed following passage and found to have flaws which were not picked up prior to passage. These bills were vetoed by request of the sponsor. The only bill which we considered opposing was HB-22 which was a bill submitted by Del. Smegiel and passing easily in both chambers before coming to the governor’s desk. This bill simply called for a uniform Circuit Court subpoena process be established in the Maryland Circuit Courts. It was a money saving measure, but it was opposed by many in the judiciary and court clerks across the state. Following debate on the idea of attempting an override of the veto, it was decided by vote that this was not a battle we needed to fight at this time when considering that we needed to focus all of our efforts on redistricting.

All of the vetoed legislation was combined together by consent of the House members and the governor’s veto was sustained on a vote of 125-6.

There were 21 bills which were filed by several members for consideration by the House during the Special Session. Those bills were introduced into the House and were forwarded to the Rules Committee to determine if they will be assigned to a Committee for review. It is doubtful that any will be considered other than the bills addressing redistricting. On initial review, I did not see any bills calling for tax increases…but the session is young. I remain hopeful that we will stay the course and stick to redistricting issues.

Hearing in Judiciary
Expungement of Records/Shielding of Records-
Del. Anderson/Walstreicher/Carter
Review of HB-878; HB-1342; HB-1279; HB-1255

We heard from the Task Force on legislation which would address the shielding of criminal records under certain circumstances. There is ongoing debate over the way the courts and the legislature should address expanding guidelines for the shielding/expunging of criminal records. Certain automatic expungements were discussed when a person was found not guilty of a charge as opposed to a written request being required. It was also suggested that one’s driving record should be examined for possible automatic expungement following a set period of time. Some of the committee members like to use the word "mistake" as a substitute for "crime". There was quite a discussion over providing safe guards for businesses as well as those who may deserve a second chance. The committee took a lot of notes and it is clear we will be hearing this again in 2012.

Maryland Trust Act
Submitted by the Maryland Bankers Association/Committee members
Review of HB-750 (as submitted in 2011)

We heard from a group of bankers and attorneys in Maryland on the need to revise and codify the laws governing Trusts. The general issue concerns the lack of codified law and the desire of the committee to simplify the process and eliminate the need for continually going back to the courts to address issues that could be done outside of the courts by mutual agreement. There was concern that in trying to codify the rules/law, the committee may have modified existing rules. The submitted legislation is 93-pages and will require a thorough review and many additional hearings to address all of the many concerns. After hearing from the committee members, I am not convinced the "Trust Act" will be ready for prime time in January. The technical law questions are extensive.

On the Lawyer’s Mall there were a few press conferences for alternative bills being offered for redistricting. There are three primary bills which people are rallying behind other than the governor’s plan. All three of the bills address the creation of an additional minority district. We expect all of these bills to be heard in committee tomorrow.

On redistricting, there may be an opportunity to work across the aisle with those from certain districts who may feel disenfranchised by the governor’s gerrymandered map. Currently, a map backed by the Fannie Lou Hamer PAC is being sponsored by Del. Hough (R-Frederick) and Sen. Pipkin (R-Upper Shore) in cooperation with the PAC. It is a good map and would create the potential for a third minority congressional district in Maryland. It would also make some of the other districts more competitive for both parties. It is a balanced approach and has bi-partisan support in both chambers.

The same can be said for a map being offered by Sen. Getty (D-Carroll) and Del. Smigiel (R-Cecil). This map also helps create an additional minority district and provides for greater sense of natural, political, and historic boundaries. In essence, it abides by the Maryland Constitution and is bi-partisan on approach.

The third alternative to the governor’s map is referred to as the "Good Government Map" which has been proffered by the Maryland GOP. This is probably the best drawn map, geographically and it lends itself to an additional minority district as well. Sadly, since it is the GOP map, it is not going to get very far.

Tomorrow at noon, a Rally for Good Government will be held on the Lawyer’s Mall in front of the Capitol steps. Special speakers include Ambassador Ellen Sauerbrey, Grover Norquist (American’s for Tax Reform), Sen. Pipkin, Charles Lollar (American’s for Prosperity), Del. Smigiel, as well as myself and others. The people are demanding good government, and all of the speakers will be encouraging Marylanders to press on. We are hoping for a great turnout.