Last Minute Rush to Sine Die
At midnight on Monday, April 12th, the 2010 legislative session of the Maryland General Assembly adjourns sine die. Literally, sine die means “without day” and refers to “without a day” being set for a future meeting. In legislative terms, adjourning sine die provides finality to the session – it is the last day.
Time runs out on sine die for any bills not passed or conference committees not convened by midnight. The slate is wiped clean at all future sessions except for the consideration of any bills vetoed by the Governor at the prior session.
Here is a rundown of pending issues for the 2010 Sine Die:
Session’s Most Important Topic: What was the most important topic of the 2010 session? Well, let’s see, what bills did Governor Martin O’Malley personally testify on? Sex offender legislation? No. Curing the budget deficit? No. Reducing your electric bills? No. The only bill that O’Malley testified on was foreclosure mitigation. Like his package of foreclosure bills two years ago, it ranks high with rhetoric and symbolism but does little to resolve the plight of those middle-class and working poor homeowners facing imminent foreclosure of their family home. And the bill is in trouble. Look for the Governor’s legislative staff to scurry on Sine Die to frantically save the bill from defeat, but in a greatly watered-down version that removes the mandatory mediation provisions.
Sex Offender Legislation: Here is an issue where O’Malley could lend a hand, but don’t hold your breath. If meaningful progress is to be made in the 2010 session, it will require last-minute heroics by Citizens for Jessica’s Law (www.citizensforjessicaslaw.org). O’Malley’s package of sex offender bills have been moving through the process - but his measures are viewed as administrative tinkering that fail to accomplish the stricter penalties viewed as most effective by supporters of “Jessica’s Law.” Two of his three bills have passed, but keep an eye on the third - O’Malley’s notification bill which was amended on Saturday and could run into a buzzsaw in the conference committee. With regard to “Jessica’s Law,” the Senate has passed Senate Bill 622 (requiring a mandatory minimum sentence of 20 years without parole for a second degree rape or sex offense against a child) However, when the House of Delegates passed a companion bill (House Bill 254), it was amended to a shorter 15 year mandatory minimum sentence. Look for both the mandatory minimum sentence bill and legislation to eliminate “good-time credits” to be bottled up most of the day and, perhaps, never make it out of conference committee. Joan Harris of Citizens for Jessica’s Law questions the legislature’s priorities when a bill banning hand-held cell phones is praised as a major accomplishment this year but measures to protect children from heinous crimes fail to pass.
Cell Phones and Text Messaging: While we are on the topic of banning hand-held cellphones, beware of the fallacy of “secondary offense.” Democrat legislators offered reassuring words that you don’t need to worry about the new cell phone restrictions because they are only a “secondary offense” (meaning a police officer cannot pull you over solely for holding a phone in your hand – you must be pulled over for a “primary offense” and then the cell phone ticket can be issued as a secondary issue). However, at the same time the cell phone bill is being passed, legislators are adding the reading of a text message as a primary offense to last year’s text messaging bill. So the “secondary offense” is meaningless. All the police officer has to say is: “I saw you looking at the phone in your hand and I thought you were reading a text message.” That is sufficient to be a primary offense no matter what you actually were doing.
Death Penalty: A bill to correct the poorly drafted death penalty bill that was passed last year is dead. The bill would have added fingerprints and photographic evidence to the list for which the death penalty would be available. Democrats and death penalty opponents prefer the more restrictive standards of evidence that currently exist in law.
Energy & Electric Bills: Four years ago, O’Malley promised to lower everyone’s electric bills. Not much progress has occurred on that promise – electric bills are still soaring. O’Malley’s major energy legislation (solar energy standards) this session would add to the cost of your electric bill instead of lowering it. At least the House of Delegates scaled back O’Malley’s original $1 billion solar tax to only $200 million.
Legislative Salaries: Still lurking in some committee somewhere is the Legislative Compensation Resolution that was hotly contested at the beginning of the session but then dropped out of sight. Unlike most bills, this resolution (and the higher salaries proposed by it) take effect unless the legislators vote it down. The House and Senate versions differ - but it has been 89 days and it is still sitting in committee!
Transparency in State Government: At the beginning of the session, achieving greater transparency in the legislature, legislative process and state government was a high-profile issue. The initial response by leadership of posting committee votes on-line took the wind out of the sails of measures to require greater disclosure. Don’t expect much more transparency to come out of this 2010 legislative session.