Legislative Updates By Mike McDermott

• Press Release-Right To Carry


• Observations and Reflections on Legislative Activities


• By Delegate Mike McDermott

March 5, 2012

(Annapolis) Today, a United States District Court upheld the 2nd Amendment rights of Maryland citizens to carry a concealed weapon without needing to show a state police judged “good and substantial reason”. The ruling came in the case of Woolard v. Sheridan and it will change the way the state handles the issuance of Pistol Permits for those asking for the right to carry.

Delegate Michael McDermott stated, “This is a big day for Marylanders. Many have waited a lifetime for their beloved state to recognize and honor their 2nd Amendment Right and that day has finally come”. Until today, the burden of proof in determining if someone had “a good and substantial reason” rested with the citizen and most were denied. The court ruled that this approach is unconstitutional and violates a citizens civil right to keep and bear arms. Essentially, the ruling will shift the burden to the state to prove that a person should be denied this right.

Current law prohibits someone who is a felon, a drug or alcohol abuser, or someone who suffers from mental illness as being ineligible for a carry permit. Second Amendment advocates have long held this is the criteria the state police should utilize when deciding on whether a citizen should be denied a permit.

Delegate McDermott joined with Delegate Smigiel in signing letters to the Secretary of the Maryland State Police respectfully insisting the department begin issuing permits immediately and that they grant reciprocity for those holding permits from other states. Delegate McDermott stated, “Providing reciprocity for permit holders will bring Maryland in line with 40 other states who have not stood between good citizens and their right to protect themselves and their families”.

Legislative Updates By Mike McDermott

Mar. 3rd, 2012

Field Notes

Observations and Reflections on Legislative Activities

By Delegate Michael A. McDermott

Week 8 February 27-March 2, 2012

House Voting Session Tuesday Morning

The following link will allow you to view this information: Third Reader Bills
Judiciary Hearings Conducted Tuesday
Today we dealt with many bills concerning bail bonds. HB-492 seeks to insure that there is no deviation from the posting of “cash bonds” with other securities. HB-517 would not allow a property which had outstanding repair orders or building citations to be used as surety on a property bond. HB-573 would prohibit employees of the courts or correctional personnel from soliciting on behalf of a bonding agent or company. HB-742 would create certain qualifications and licensing for bonding agents. It would also require any payment agreements to be documented and provided to the person securing the services.

We also heard several bills dealing with corrections and jails. HB-528 is a perennial bill which seeks to limit the time a person can serve in a local correctional facility to 12 months instead of the current 18. Many Wardens across the state complain that they went along with the change to 18-months years ago when they were provided state funding to supplement their budgets. This situation has now become an unfunded mandate. Based on the fiscal note of $39 million, I am quite sure this is going nowhere, though it should serve as a warning to any who negotiate with the state. HB-500 seeks a small fee reimbursement from inmates who receive dental and medical care while incarcerated. This is a Frederic County Delegation Bill. Great idea, but the liberals will not hear of it. HB-509 would require an inmate submit to any applicable testing for HIV if a correctional officer feels they may have been exposed to pathogens during an altercation. As expected, the inmate sympathizers were there to defend the “rights” of criminals with little concern for those who must keep society safe from them. HB-513 would allow for local correction facilities to confine prisoners being held for an Initial Appearance before a judicial official. This is a very practical bill as temporary custody orders are no longer being issued for this purpose. HB-587 would make it a felony to smuggle a cellular phone into a prison on a second offense. We were told that this is a rampant problem and how the state prisons have confiscated hundreds of phones, yet it seems that few are ever charged under the current misdemeanor statute. HB-1147 seeks to provide a Telephone Assistance Fund for indigent inmates out of some of the proceeds from the telephone fees collected from collect calls at the facilities. This is a good hearted idea that may have many implementation problems. HB-624 would require a judge to issue a brochure on Expungement procedures for a person who may qualify while they are in open court.

Special Plate to Honor/Support Maryland Veterans
I testified today with Del. Smigiel (R-Cecil) on HB-541 in front of the Environmental Matters Committee. This bill would authorize the MVA to provide a license plate honoring our Veterans with all of the proceeds for the special registration going to a fund for wounded Maryland Vets and their families. The plate features a beautiful eagle in the background covering the whole plate with a banner clutched below which reads, “Maryland Supports Veterans”. We were joined at the table with a couple of veterans and the bill seemed to meet with support on the committee. Sadly, by the end of the week, it appeared that the Committee Chairman was going to have the bill voted as “unfavorable”. It seems she would not want us to “compete” with the Bay plate or the Agriculture plate. It is ridiculous, of course. If you would like to see this move forward, please contact the Chairman, Maggie McIntosh at 1-800-492-7122, ext. 3990 (toll free) or e-mail: maggie.mcintosh@house.state.md.us

House Voting Session Wednesday Morning
The following link will allow you to view this information: Third Reader Bills
Judiciary Hearings Conducted WednesdayHB-507 would limit the number of expert witnesses in a Circuit Court trial to two on any one subject matter as is the case during arbitration during malpractice litigation. The attorneys in the committee feasted until they were stuffed. I think it is going nowhere fast. HB-703 sought to require a defendant to reimburse the state for the cost of an interpreter if the defendant fails to appear for trial. It was shown the high cost of providing this service and how the tax payer is footing the bill on all cases, including a no show. It makes sense and I would like to see it implemented. HB-704 would require a Process Server to provide a description of the person on whom the court paper is served. This is another common sense bill and would appear to be supported by the committee. HB-1042 would allow for certain communications between a union representative and a union member to be considered confidential. Criminal conduct was not covered as protected communications, but there were many questions about allowing an Attorney-Client privilege to exist for an untrained union representative or shop steward.

Judiciary Committee Voting Session Wednesday
The following bills received a favorable report from the committee and moved to the House for Second Reader: HB-20 places penalties for failing to report a child less than 13 years of age as being “missing” within certain time periods. HB-34 addressed court criminal procedures concerning a discharge from commitment of a person previously found not criminally responsible. HB-337 allows for additional information to be provided to an attorney or another seeking the enforcement of a monetary judgment in a civil case. HB-400 would allow for a variance in the computation of Child Support payments with a multi-family adjustment. HB-579 provides an exemption from required training for law enforcement officers purchasing regulated firearms. HB-618 which will create a task force to study the issue of regulated firearms and the sale of those firearms to persons with a back ground of mental illness. HB-883 allows a judge to specify a certain distance a person must avoid contact with a petitioner under a Protective Order.

The following bills received an unfavorable report and have met their fate:HB-294, HB-397, HB-462, HB-485, HB-856, HB-968, HB-1010, HB-1057, HB-1100,HB-1104, HB-1113, HB-1114, HB-1179.
House Voting Session Thursday Morning
The following link will allow you to view this information: Third Reader Bills
HB-119 was finally passed on to Third reader following a few amendments. The bill will allow many misdemeanor crimes to be charged via citation following processing by police. It will potentially save tens of millions of dollars and thousands of hours of downtime experienced by police waiting on District Court Commissioners to see prisoners on misdemeanor offenses. It is the companion bill to HB-261/112 which I crafted (and it became a work of the committee) to address the Public Defender issues of requiring representation at the Initial Appearance before the Court Commissioner.

Judiciary Hearings Conducted Thursday
We heard a variety of bills today with standing room only. Out of the box was HB-539 which seeks to make the impersonation of a police officer a felony. The supporters brought many examples of an increase in this crime and the breakdown of public trust which results from these acts. HB-545 seeks to create a separate offense to cover the thefts from motor vehicles of property inside the vehicle or accessories attached to the vehicle. Currently, people can be charged with multiple charges in these cases and it is difficult to track repeat offenders. This bill would combine multiple offenses under one new crime called Theft from Motor Vehicle. HB-1012 seeks to create a task force to study business development programs for ex-offenders. This would include working with business and economic development folks to see if there is a way to craft programs that would assist ex-offenders as they attempt to become productive citizens. I am skeptical of programs that tend to place the government in competition with existing private sector businesses.

We received testimony on three bills which arose from the Prisoner Re-entry Task Force chaired by Del. Waldstreicher over the past two years. The first was HB-652 which seeks to allow for the shielding of criminal records following a period of time where the person has demonstrated that they have successfully completed probation and a certain period of time has expired. It appears that some amendments have been offered which would enumerate and exempt certain crimes from being shielded from public viewing on public Case Search sites currently available online. The bill has many who testified who professed how difficult it was for them to find any job when it was revealed that they had a criminal record. The shielding would not be hidden from the public safety sector, but under certain conditions, it would be hidden from public viewing. HB-651 would allow for the suspension of Child Support payments whenever an indigent person is incarcerated for 18 months or more. Some on the committee understood suspending payments, but did not think the inmate should escape the payments once they were gainfully employed again.

We also reviewed HB-460 which seeks to require a law enforcement officer to acquire a Search Warrant prior to accessing information or tracking of a mobile communications device (phones, computers, etc.). This is being offered in response to recent court rulings regarding GPS tracking devices. It would seem reasonable to me to have a review conducted and over sight provided by a State’s Attorney, but the sponsor did not agree.

O’Malley-Brown Same Sex Marriage Bill
There was a bill signing on the stairway of the State House Rotunda where Governor O’Malley put his pen to HB-438 signing Gay Marriage into law in Maryland. The law will take effect in January, 2013 and a drive to petition the bill to referendum is in full swing by opponents. Folks interested in participating in the petition drive can go to mdpetitions.com where they can sign up and will be able to download a petition. The process will work just like last year’s successful drive to petition In-State Tuition for Illegal Aliens to referendum. If successful, both issues would appear on the ballot in November for the voters to decide for themselves.

Eastern Shore Delegation Meeting Friday Morning
We met with several business representatives of the paving/road construction industries on  Delmarva. Their message was simple: they have had to lay off anywhere from one-third to one-half of their workforce due to cuts by the state and local governments. They were advocating for tax increases to fuel to restore funding for road construction. I told them that before we increase the tax we need to secure the trust funds to which the money is directed. Transfers in recent budgets are to blame for the current lack of funds.

We also heard from all 9 Eastern Shore Counties who were well represented as well as a representative from the Maryland Association of Counties (MACO). They provided a presentation on their current fiscal outlooks as it relates to absorbing teacher pension costs and the view was grim. As the governor has formed his budget around certain fund transfers, pension shifts to the counties, as well as a plethora of taxes and fees, I doubt that this can be stopped though it might be slowed down. My advice to them is to prepare for the absolute worst and have no faith in a decent return of tax dollars to the shore. It is not going to happen. They also expressed great displeasure with HB-1412 (detailed below). I also met for several minutes with Commissioners Church, Boggs, and Lockfaw from Worcester County as well as Councilman Bartkovich of Wicomico to hear their concerns. Wicomico Executive Rich Pollitt was also at the Delegation meeting along with Worcester CAO Gerry Mason.

BOLO (Be on the look out) for this BillHB-1412 has been proposed by Del. Bohanan (D-St. Mary’s) and Del. Conway (D-Wicomico). This bill would allow counties who operate under a Revenue/Tax Cap to violate the cap in order to comply with Education Maintenance of Effort provisions in a budget year. Currently, 7 counties in Maryland have such caps in place with Wicomico being one of them. Further, if the County Council elected not to violate their cap and meet the Maintenance of Effort amounts for the Board of Education, the bill empowers the State Comptroller to seize any Income Tax money the county is due and pay it directly to the local board of education to make up for the money not included in their budget. This bill clearly replaces a stick and carrot approach for a bit and a bridle with spurs. This bill is moving through the Ways and Means Committee and needs to be watched carefully. It could move out for a vote by early next week.

Don’t Be Fooled...
The Gas Tax is still alive and well. Some said it was dead last week, but that is not true. There was talk of raising the State Property and Income Tax instead...but they are all active, alive, and pathetically well in Maryland. Keep a close eye out for these and other distractions. The next one will be the Transgender Bill which had a hearing this week in the Senate. The General Assembly is being distracted by the social arm of the O’Malley-Brown agenda which has bogged us down for 8 weeks. With little time left, the shell game of money movement will begin in earnest.

Press Release-Special By Delegate Mike McDermott

PRESS RELEASE

Delegate Michael A. McDermott

 (R-Wicomico & Worcester Counties)

 February 29, 2012

(Annapolis)  Yesterday, Del. Michael Smigiel (R-Cecil) and Del. Michael McDermott (R-Wicomico/Worcester) presented HB-541 to the House Environmental Matters Committee that would create a special license plate in Maryland to honor all veterans. The plates would be available to the public just as the current Agriculture and Bay plates are currently. The funds collected for the Veterans Support plates would go directly to help wounded Maryland Veterans.

“This is an opportunity for all Marylanders to show their true appreciation for the sacrifices of our Veterans” said Del. McDermott. “People want to say ‘thank you’ and provide real support to those protecting our liberty in harm’s way, and this plate gives them a way to display it proudly”.

 The plates would be available from the Department of Motor Vehicles for a fee, but the money collected over the normal registration charges would go directly to help the wounded Maryland Veterans. There has been some resistance to the new plates from the DMV. In a statement, they complained about the administration of the program and storing the new plates. To that, the delegates said, “find room…empty a closet, and stop making excuses”.

“Supporting our farmers is important…supporting the bay is important…but without our veterans, our very liberties would be in peril. How can we not find a way to make this happen?” said Del. McDermott to reporters attending a press conference on Tuesday.

Support for the new plates, featuring a soaring eagle in the background clutching a banner reading “Maryland Supports Veterans”, has been overwhelming.

Legislative Updates By Delegate Michael A. McDermott

Feb. 26th, 2012

Petition on Same Sex Marriage

“Taking it to the People”

by Delegate Michael A. McDermott

The people of Maryland will soon be given the opportunity to voice their opinion on the O’Malley-Brown Same Sex Marriage Bill (HB-438). This bill, which was defeated in the Judiciary Committee (yet forced to the floor by a combined committee vote with Health-Government Operations) and then passed with the bare minimum “71” needed in the House of Delegates is currently in the process of being petitioned to referendum.

The Petition drive is being headed up by Delegate Neil Parrott (R-Washington Co.) who also successfully launched the petition drive to force In-State Tuition for Illegal Aliens to referendum following last years session. I spoke with Delegate Parrott on Friday and he advised me that the petition language has been submitted to the Maryland State Board of Elections for their review. Once the language of the petition has been approved, it will be put before the public for their active participation.

At this time, the ability to utilize the On-Line Petition format, which was so successful during last years petition drive, will be the primary mechanism for voters to utilize. Voters can go to the site mdpetitions.com where they can register to participate once the petitions are available. Those willing to help collect signatures can also sign up at this time.

Marylanders who appreciate the liberty to petition a law to referendum should keep a watchful eye on HB-127 which seeks to force each signature of a petition to be notarized. It is true hypocrisy when these same liberals fight to keep us from requesting a photo ID at a polling place yet want to demand a notarized signature on a simple petition.

The bottom line...liberals have always feared the people. The last thing they want is for the people of Maryland to stand up with a successful petition drive and reject their attempt to redefine marriage. Pay particular attention to those who seek to limit your ability to redress your government. Your liberty and that of your children depends upon it.

Marylanders, take back your state!

Legislative Updates By Delegate Mike McDermott

Feb. 25th, 2012

Field Notes

Observations and Reflections on Legislative Activities

By Delegate Michael A. McDermott

Week 7 February 20-24, 2012

Monday Evening-President’s Day Speech
According to House traditions, the House Democratic Caucus selected one of their members to deliver the President’s Day Speech to the members. Delegate John A. Olszewski, Jr.was chosen and provided a reflection on President Washington which implied that he liked taxes. I’m quite sure I do not share the good delegate’s opinion of Washington...but maybe he was referring to Washington DC.
Challenge to Vote Count
Minority Leader Tony O’Donnell voiced a challenge to the recorded vote on the O’Malley-Brown Same Sex Marriage bill (HB-438) which occurred on the previous Friday. As I previously reported, the vote count on the board at the final call showed 71 in favor and 67 opposed. After the session, the Speakers Office released a press release stating that Delegate Bohanan (D-St. Mary’s Co.) had voted in favor of the bill but his vote was, somehow, not counted. This is highly irregular and, when it occurs, the delegate is required by House Rules to stand immediately on the floor and make this known to the Speaker. Delegate Bohanan did not do so. The Speaker blamed it on a mechanical failure within the computer voting system. We are, to say the least, highly skeptical of this explanation. Bottom line, it appears that the delegate’s vote was not needed and he cleared his vote from the board. Since his green vote was seen on the board by the media, this “explanation” was laid out in the aftermath of the vote. As a result of the challenge to the vote, the days journal has not been agreed to and is currently standing in limbo.
On a side note...I was behind a couple of IT guys going into the State House building on Tuesday morning with their equipment in tow. They were talking about finding this “missing vote”. I said to them, “you guys here to solve that missing vote problem?” to which they looked at each other and one said, “yeah...ha ha...right”.
Conclusion: there is no missing vote problem...just a case of some missing integrity.

Judiciary Committee Hearings, Tuesday: Gun Day
Today is traditionally referred to as “Gun Day” on the committee as this is the day when we review all of the bills filed which have to do with gun rights or restrictions. The star for the day on the pro-gun legislation were several bills all similar to HB-45. This bill seeks to make Maryland a “shall issue” state as it relates to Gun Permits issued by the Maryland State Police. Currently, the law requires a citizen to provide a “good and substantial reason” to show a need to protect themselves with a pistol carry permit. The proponents of the bill believe, as is the case in 40 other states, that the burden should be upon the state to show cause why a permit should not be issued as opposed to the burden being on a citizen to show they have a good reason.

The Chairman has refused to allow these types of bills to come out for a vote, even if they are well supported on the committee. That appears to be the case this year as well. There is a clear demand from many citizens from all over the state that they should be allowed to protect themselves and their families no matter where they travel in Maryland. Some of the bills sought reciprocity agreements with surrounding states for their permit holders. Liberals are always interested in restricting 2nd Amendment rights in Maryland and we will continue to be a very unfriendly state for gun owners. The pro-gun bills included:HB-45, HB-256, HB-300, HB-396, HB-430, HB-488, HB-579
There were a few regulatory bills regarding firearms. Some dealt with mental health issues and the ability to purchase firearms, the criminal use of firearms during criminal acts, and the possession of stolen firearms. The regulatory bills included:HB-618, HB-856, HB-968, HB-1100, HB-1104, HB-1113, HB-114, HB-1135
There was a bill to restrict the sale of certain compounds that are currently marketed for explosive targets. The components are purchased and then combined together to create something that can be detonated as a target shot by a firearm with significant velocity. There was debate abut information available on line about other common compounds readily available. The State Fire Marshall has come back again this year with HB-875 to address the potential misuse of this one particular binary compound by determined individuals.
Judiciary Committee Hearings Conducted Wednesday
Today was DWI Day in the committee. All filed bills that address aspects of driving under the influence were heard. Most seek enhanced penalties for certain acts committed while driving under the influence such as having children in the vehicle or causing death or serious injury. Those seeking enhanced penalties included:HB-535, HB-608,
Those bills addressing deaths resulting from motor vehicle accidents included enhancing penalties, making them must appear offenses, and mandating drug and alcohol testing under certain circumstances. These bills included:HB-469, HB-462, HB-649, HB-1022
HB-778 seeks to expand the definition of “operator” of a motor vehicle in cases of vehicular manslaughter when the actions of a driver create a dangerous situation that results in the death of another.HB-1179 seeks to expand the definition for a police vehicle for purposes of charging an individual with fleeing and eluding police.HB-1082 seeks to address a problem in Carroll County with the use of Drug Recognition Experts. While they are accepted across the state, it seems a certain judge is holding up decisions in his county due to his interpretation of the law concerning these trained law enforcement experts.
Judiciary Hearings Conducted on Thursday
Today was Family Law Day. Standing room only crowd for the previous two days and today was the same. We took up bills that involve child custody, divorce law, adoptions, and child support issues. Most of these bills were heard in previous sessions with some modifications hoping for traction this year. The following bills addressed aspects of custody arrangement including HB-459 which seeks a task force to study joint custody of children:HB-485, HB-761 (grandparent visitation), HB-1165
HB-719 seeks to alter access and record searches for adoption records. It would make it easier to search for birth parents by those so inclined and would expand access to adopted individual 18 years of age or older.HB-873 seeks to address some issues surrounding Reproduction Agreements where surrogates carry a baby on behalf of a couple who cannot otherwise have children. This is a comprehensive bill and there was a lot of witnesses in support of some of these changes.
There were two bills addressing Protective Orders. HB-883 seeks to place an actual distance within a Protective Order whereby a person must keep their distance. HB-971 would allow a person seeking a Protective Order to not necessarily need a fixed address for a Respondent. HB-1010 was back for a second year. It would allow a parent who was in arrears with child support payments to take up a second job to get caught up without altering their original payment order amount.
Judiciary Voting Session on Thursday
The following bills received a “Favorable” report from the committee and will bime sent to the House floor for 2nd Reader:HB-96 Probation Before Judgement allowance for second CDS arrest with successful completion of Drug Court and probation.HB-318 Lowers eligibility amounts for small estate settlements.HB-398 Adds the investigation of Theft Schemes to the list of enumerated crimes where a wire tap can be utilized by law enforcement.
On the Senate Side Thursday...
The senate voted quickly on the O’Malley-Brown Same Sex Marriage Bill. They also created two legislative days out of one calendar day and passed the bill in the afternoon. No amendments were accepted onto the bill by the democrats which could have at least made the bill better. These included amendments to address homosexual-same sex marriage curriculum in public schools and a prohibition on a minor being able to enter into a same sex marriage. As a result of these rejections, when the governor signs the bill into law next week, a 16 year old boy will be able to marry a 40 year old man and our schools will be forced to instruct that same sex marriage is a normal option.

As a result, the referendum process has begun. The people of Maryland will have the last word when we force the issue into the ballot box. In the coming weeks, I will provide detailed information on how to get involved in the referendum. For those who helped in the referendum on Illegal Alien In-State Tuition last year, it will be the same process. We will now be on guard in the House for legislation that will seek to make the referendum process more complicated and arduous for the people. We know it is coming.
House Voting Session Friday
In the interest of space, I will highlight bills during voting sessions and share the link where you can see all of the bills voted on during this particular session. Today, my first bill cleared the House and moved onto the Senate. It is HB-251 which allows for criminal history checks to be performed on taxi driver applicants. We also passed HB-104 which makes texting on a cell phone while driving a primary offense.
Judiciary voting Session on Friday
This was a big day for me as two of my bills were up in the voting session. HB-119 will allow law enforcement officers in Maryland the ability to charge most misdemeanor offenses by issuance of a citation instead of requiring them to be taken before a District Court Commissioner for release. This will save the state millions and limit the down time for law enforcement officers tied up waiting on the District Court. This is a companion bill to HB-112 and HB-261 which I introduced to address the problems associated with providing Public Defender access at the Initial Appearance those charged with a crime have before a District Court Commissioner. The bill guarantees a right to counsel in the District Court appearance before a judge but does not require it before a Commissioner. This will save the state anywhere from $30 million to $100 million based upon estimates from the Public Defender’s Office, States Attorneys, and the Department of Legislative Services. Wicomico State’s Attorney Matt Maciarello helped me craft this bill and I also received support from Worcester State’s Attorney Beau Oglesby and Somerset State’s Attorney Dan Powell. The bills have been worked on by many in our committee along with representatives from the Governor’s Office. Both of these bills will now move to the House for Second and Third Reader next week.