Week 12: Delegate McDermott's Field Notes

Field Notes

Observations and Reflections on Legislative Activities

By Delegate Michael A. McDermott

Week 12 March 21-25, 2014

Wednesday Morning Voting Session: Bills on Third Reader

Thursday Morning Voting Session: Bills on Third Reader

This week the House debated the budget (SB-170) and transgender rights (SB-212) for two entire days, and I saw nothing that reflected on the nature or scope of these bills. The reporters wrap up for the week did not even mention it! So allow me to provide a few details that apparently were not “fit to print”.

BUDGET

Overall, the proposed budget, SB-170, will increase total spending by over 4%. Unfortunately, our revenues will only increase, optimistically, by 1%. They had to get the money from somewhere, so they robbed the Teachers and Employee Retirement Trust Fund of another $200 million this year with another $200 million to be taken next year (along with $700 million in the next few additional years out). This gamble will cost us a boatload of money. Delegate Conway told us they would replace the money in the coming 20 years, but this includes a $600 million balloon payment. Now tell me this, if we are a state that cannot even stick to a plan for 12-months to return $100 million…what odds would you give me on us replacing $600 million?

They also raided all of the other, so called, “trust funds” in order to balance out their spending increases to the tune of $4.5 billion transfers. This included the Chesapeake Bay Trust, the Transportation Trust Fund and a host of lesser funds collected for a variety of set aside issues. The Republicans take exception to the robbing of these established funds and diversion to non-specified purposes. When the government takes money from the public for a specific issue, it is a violation of trust not to use those funds for their stated and intended purpose.  I co-sponsored bills to keep this from happening, but the ruling party simply cannot live with access to the kitty on every account.

Further, we do not return the Highway User Money to local governments. Instead, we are totally funding the Red and Purple Transit Lines that are used by only 6% of our population. 94% of our people rely on roads and bridges and pay fuel taxes to cover their upkeep and maintenance, and yet they fail to direct funding back to those who pay the bill. In a word, shameful!

The budget increase in spending since O’Malley took office will come close to 40% this year. It would be easy to blame the governor for his part in this reckless package, but he finds willful accomplices in the Democrat controlled General Assembly. On the lower shore both Senator Mathias and Delegate Conway voted in favor of the budget and spending bill.

Republicans offered 15 Floor Amendments aimed at controlling spending or doing away with funding for non-existent program areas which were all rejected. For the fourth year in a row, we also offered up an alternative budget that would have eliminated the pension theft and restored some financial integrity to the budget, but they would have none of it. (there were a few of us who refused to even vote for this increase on principle).

TRANSGENDER RIGHTS (aka “The Bathroom Bill”)

Granting specified “Civil Rights” to those who are physically one sex but believe themselves to be another is something we could debate. For instance, John Hopkins University Hospital has discontinued sex change surgery following years of many of their patients wanting to be changed back…and then back again. The American Medical Association classifies these individuals as “mentally ill.” Having said that, if the debate were simply about fair housing or not being denied service at a business, most would probably not stand in the way of adopting these changes; however, “public accommodations” goes a lot further.

Senate President Miller made it clear that SB-212 had to pass with no amendments or it would die in the Senate. Sadly, the House leadership acquiesced to these demands. We went from a deliberative body to a rubber stamp for the Senate in short order. That did not stop the Republicans from offering some great amendments; they were amendments that the bill desperately needed to even have a chance of being operationally effective. All attempts at change were rejected, even when glaring problems were pointed out.

When the governor signs this nonsense, here is what you could face or will face in the future:

·         By definition of law, a person is a “transgender” if they simply feel or desire to be of the opposite sex. There are no precursors and somebody who has never dressed differently or expressed themselves in such a way in the past could simply decide, “today, I am a woman” and have the power of law to allow them full access to facilities dedicated as a women’s bathroom.

·         By definition, the same is true for any private facilities such as YMCA, spa, or gym facilities that have separate locker rooms for men and women. There are simply no barriers and the action revolves around the state of someone’s mind and how they see themselves today.

·         There is an exception when it comes to bathroom and private facilities: if the owner/operator provide facilities that are substantially equivalent to those available to women or men, those who consider themselves to be transgender could be required to utilize those facilities. (How long before we hear the “separate but equal” argument on this legislation?)

We fought this bill for hours, but the Democrats prevailed. The costs to the business community could be significant if they elect to put in a separate facility. Most simply cannot afford to do so which assures us that somewhere along the way, there will be a conflict. I think I summed it up best in my closing remarks on the floor: “We are in serious trouble when a confused state offers up confused legislation on behalf of some very confused individuals.”

Thursday Afternoon Judiciary Hearings:

SB 223    Sen Muse          Crimes - Threat of Mass Violence  SB 272    Sen Jacobs, et    Sentencing Procedures - Statement by Victim or            al                Victim's Representative (Alex's Law)  SB 283    Sen Jennings,     Public Safety - Handgun Permit Background            et al             Investigation - Armored Car Company Employees  SB 476    Sen Colburn       Criminal Procedure - Limited Immunity - Alcohol-                              or Drug-Related Medical Emergencies  SB 512    Sens Gladden      Criminal Injuries Compensation Board - Membership            and Muse          - Family Member of Homicide Victim  SB 542    Sen Muse, et      Law Enforc Offcrs - Entrance-Level and In-Service            al                Training Requirements (Christopher's Law)  SB 558    Carroll County    Carroll County - Local Government Tort Claims Act            Senators          - Industrial Development Authority  SB 659    Sen Gladden       Crimes Relating to Animals - Surgery on Dogs -                              Penalties  SB 660    Sens Gladden      Crimes Relating to Animals - Unauthorized Surgical            and Brochin       Devocalization of Cat or Dog - Penalties  SB 815    Montgomery        Crim Law - Telecomm Dvcs in Place of Confinement -            County Senators   Montgomery Co Work Release and Prerelease Pgms  SB 867    Sen Benson        Correctional Services - Revocation of Parole -                              Repeal of Sunset  SB 897    Sens Brinkley     Frederick County - Orphans' Court Judges - Salary            and Young

Friday Morning Voting Session: Bills on Third Reader

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