Legislative Updates By Mike McDermott

Feb. 4th, 2012

Field Notes

Observations and Reflections on Legislative Activities

By Delegate Mike McDermott

Week 4 January 30-February 3, 2012

Judiciary Hearings
Flash Mob
On Tuesday, the committee received testimony on several bills. HB-4 seeks to address the recent problems of Flash Mobs by allowing the total amount of goods stolen by the group to be used in determining whether or not the crime is a felony or misdemeanor for all of the individuals involved. We observed a store video of a recent mob event in Montgomery County.There were some concerns about the severity of the sentencing guidelines. To me, the act resembles a robbery more than a theft. They are being driven by the use of various social media outlets and we should be more than a little concerned.

Background Checks
A Wicomico Delegation bill (HB-63) was reviewed. It would simply authorize Criminal History checks to be performed by Wicomico County for potential employees. The records are confidential and cannot be disseminated. It would also require guidelines be in place by the county government which address the authorized provisions in the bill.

Bison
It seems under current law that buffalo must be provided certain protections from the weather which are required for other domestic stock. HB-80 seeks to modify this requirement as it would seem the current law was crafted without bison in mind.

Public Defender Act
This may be the biggest issue we address this year based upon the potential impact it could have on the criminal justice system. A recent decision by the MD Court of Appeals ruled that defendants have a right to representation even before a District Court Commissioner. Cost estimates to implement this change range from $28 million to over $100 million. It would impact the state budget and would require county budgets to provide additional money for the States Attorneys Office for their representatives as well.

HB-112 seeks to correct the Public Defender Act by specifically removing the need for an appearance by the Public Defender at the Commissioner level while affirming the need to have this representation at the Bond Review in the District Court. This was the second hearing on this bill and it lasted for over 6-hours. The change is slated to take affect within the next few days. This bill is classified as an Emergency Bill so it can be fast tracked and signed by the governor upon passage.

For over 40 years the Maryland system of Commissioner review followed by a Bond Review by a judge the next day has served us well. The Commissioner screening results in the release of about 65% of those arrested on Personal Recognizance or Unsecured Bonds and those folks never see the inside of the county jail. The next morning, a Bond Review by the District Court Judge insures that defendants have the opportunity to argue why they should be released if the commissioner determined they should have a bond. Involving defense attorneys and States Attorneys at the Commissioner level will change the nature of these hearings and add longer wait times. This will mean keeping police tied up with prisoners for extended periods. The bill seeks to answer the problem and could save the state and county governments tens of millions of dollars if passed.

Misdemeanors on Citation
Another of my bills to be heard was HB-119 which would expand the ability of police officers to charge people who have committed minor offenses on a citation instead of arresting them and taking them before the District Court Commissioner process. This would save a lot of money and would keep our limited police resources on the street and available for the more serious crimes. Many states have adopted this practice as a practical matter. There was some resistance from the State’s Attorneys Association as they wanted further limits on the crimes which could be charged on citation. This bill would not allow any crime of violence or domestic assault to be charged via citation. It looks favorable that HB-119 will have a vote and move to the House for consideration.

Judiciary Committee Votes:
The first voting session took place on Thursday with the following bills moved to the whole House for a vote:HB-4 Requiring Orphan’s Court Judges in Baltimore County to be attorneys.HB-63 Local Delegation Bill allowing Wicomico County the ability to access criminal history information for the purpose of job screening.

Discussions continued in work sessions regarding HB-112 and the Public Defender Act modifications. There has been general agreement that requiring the Public Defender to appear at Bond Reviews before the judge should be required, but not before a District Court Commissioner. I expect a vote on this bill on Tuesday next week.

Eastern Shore Delegate Meeting
We met with the Secretary of Agriculture, Buddy Hance, on Friday morning and discussed his departments legislative agenda and our concerns over much of the regulations being heaped upon our farming communities. After listening to the Secretary for a few minutes discussing the new or proposed regulations, I thought I was in a meeting with the Secretary of the Environment. It would appear to me that the department of Agriculture has succumbed to being an apologist for the governor’s office instead of being a  advocate to the governor for the farmers (as we have always had in the past). The Secretary was questioned about his support of Plan Maryland particularly when it came to the land development rights of the farmers. He indicated that the state needed to “preserve” farmland, but not compensate owners over development rights denied through regulations. There were no administrative policies that the Secretary opposed.

Delmarva Poultry Industry (DPI) was on deck and followed Secretary Hance. They spoke of the economic impact of poultry in the region and also the escalating regulations on the industry. I thought the most interesting comment was made by DPI President Andrew McLain when he indicated that farmers use to have plans drafted to address improving agronomics of a farming operation, but now the plans are drawn up to satisfy regulations and mandates by the government. Those two goals can often find themselves in a state of conflict.  An industry that is not profitable will cease to be an industry for very long. It is clear that in Maryland, we have arrived at a point of diminishing returns on poultry operations. If this does not change, our economy will suffer irreparable damage.

One effort to bring awareness was the first annual Delmarva Chicken Day at the capitol. The luncheon event was well attended and provided a great chance for industry advocates and shore legislators to talk to others about the economic impact of poultry in Maryland.  It was very well received and will be built on for next year.

The last presentation was made by the nine shore counties various departments of Tourism. All of the directors indicated a strong need to maintain funding levels for tourism promotion in the budget. They provided reports on economic impacts at the local level which showed a very impressive return on state investment of tax dollars.  As part of the presentation, each county displayed some artifact or item representative of tourism in their area. It is always a pleasure to see folks displaying a great sense of pride for their represented areas and how each area offers a unique experience to their visitors.

Good Government Work Group
I have been appointed to lead other House Republican Caucus members in developing a legislative strategy to address transparency issues and the promotion of Good Government (G- Squared)  practices. We will be scheduling several press conferences in the coming weeks to highlight these efforts and to contrast them with many bad government bills or policies supported by the administration. The first effort will take aim at auditing practices and a bill I will be introducing  which will require independent audits of all state agencies every two years with the cost borne through the commission paid to the auditors based upon the potential savings realized by the state.