May 23, 2013

Reasonable School Discipline

In the wake of several high-profile tragic events, there is a heightened level of sensitivity and awareness in our schools. This has led to countless incidents nationwide involving questionable judgment with respect to discipline issued to elementary school children by teachers and education officials. At least two incidents have occurred recently within our great State of Maryland. I believe these are overreactions by school officials. While the motivations may be genuine, there has been little argument that suspensions for a piece of paper that looks like a “phaser gun” or a Pop-Tart that may have resembled some kind of firearm are overreactions when put in the youthful context of a 6 to 12 year old elementary school child.

This bill entitled “The Reasonable School Discipline Act of 2013”, Senate Bill 1058 sets forth clear, straightforward guidelines on what is and what is not acceptable when handling matters that amount to “children being children”. The bill prescribes an appropriate discipline that must be adhered to during counseling students of all grade levels in any Maryland school that uses public funds. If we wait too long, this type of reaction will become the standard response by school administrators only serving to perpetuate fear amongst our young students, not to mention putting marks on permanent academic records that are neither appropriate nor warranted.

The bill includes a counseling and disciplinary protocol for violations by school administrators. Another key provision makes it impossible for minor incidents such as those in the recent news from being entered into the students’ permanent academic record, unless it involves an upper-school student intent on repeatedly violating school policies with regards to firearms and/or violence. This bill does not alter guidelines for direct acts of violent behavior whether involving firearm facsimiles or other devices.

The resolution is straightforward, easy to understand, and offers the school systems flexibility when dealing with incidents that are clearly more serious. This bill also offers immediate resolution paths for the parent(s); they may appeal expeditiously with their respective school boards.

 

Full Bill: SB1058_Text

Press Release: SB1058_Press_Release

Annapolis Update: Week 4

WK 3Week 4 of the 2013 Legislative Session was punctuated by the Governor’s “State of the State Address” on Wednesday. This speech is given before a joint session of the Legislature and customarily outlines the current condition of the State and lays out the Governor’s legislative agenda. In last week’s Annapolis Update, I provided a list of all of the Governor’s bills. This year’s speech was much the same in regards to it’s compulsory elements, however behind the pretense, many noted that there was an underlying agenda.

It is customary for former Governors to be in attendance, as well as our current Congressional delegation and the Governor’s Cabinet. However, this year was interesting in that among the dignitaries introduced by the Governor, by invitation, he also had several foreign Ambassadors to the United States; Ambassador Darmanovic, Ambassador Schnepf, Ambassador Negodic, Ambassador Al-Rumaihi, and Ambassador Collins. This led some to believe that he was seizing this media opportunity to once again lay the groundwork for his future national political aspirations. That belief was further perpetuated by his proposals for stricter gun legislation which are seemingly parallel to the President’s national directive.

On the legislative front the bills continue to be filed and committee hearings are being conducted. In the Education, Health and Environmental Affairs Committee, SB 10 was heard. This bill proposes a partially elected school board for Baltimore County. It has been brought up for the past several years. Last year, I co-sponsored legislation proposing similar parameters be implemented in the election of school board members. Unfortunately the bill was prefilled this year by Senator Zirkin so I was not able to co-sponsor it. As in the past, I support this legislation and am hopeful that this year we can get it passed. This will allow voters the opportunity to choose their own representatives on the board rather than being represented by the Governor’s political appointments.

The House Judiciary Committee held a hearing on HB 78. This bill is in response to the recent Court of Appeals’ decision in the case Tracey v. Solesky, which held that pit bulls are inherently dangerous. It held that their owners and others who have the right to control the dog’s presence on the premises (such as landlords) are strictly liable for the resulting damages. This bills intent is to abrogate the holding of the Court of Appeals in Tracey v. Solesky, No. 53, September Term 2011.

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As we look ahead to Annapolis this week, Maryland’s capital city will be host to two major events. The first is the United States Senate Democratic Caucus meeting. President Obama will be attending the second day of this two day meeting which is taking place today and tomorrow.

Also tomorrow the Governor’s legislation dealing with gun control, SB281 will have a hearing in the Judicial Proceedings Committee. Hundreds of citizens are expected to show up to testify on both sides of the issue. I would like to give a little information to those who plan on coming down.

The hearing is expected to start at 1pm and last into the late evening. ANYBODY can sign up to testify. If you would like to testify, you need to add your name to the sign-up sheet located just outside the Judicial Proceedings Committee room prior to 12 noon. I have spoken personally to the Chairman of the Committee about how he is going to conduct the hearing. With so many people expected to show up, he is going to limit testimony to 3 minutes per person. If turn out is larger than expected he may limit it to two minutes of testimony. Please know that you can submit as much written testimony as you would like, but you will need to provide 25 copies. Chairman Frosh also told me the testimonies will alternate between the opponents and proponents of the bill every hour. The Senate Conference rooms will be open for overflow seating with proceedings being aired live, so if you can’t get into the committee room, you can still watch the real time proceedings. The Chairman will announce who is next to testify in advance, allowing those waiting in the conference room enough time to report to the committee room.

I understand this is a very emotional issue. I ask that we all use respect and decorum when testifying.

Parking is available at the following locations:

Gotts Court Parking Garage
250 Northwest Street
Annapolis, MD 21014

Whitmore Garage
37 Clay Street
Annapolis, MD 21014

Noah Hillman Parking Garage
150 Gorman Street
Annapolis, MD 21014

Navy Stadium Parking Lot
Just off Rowe Blvd on Taylor Avenue
(Walk or take a trolley to the Senate)

Sean Kammer, my Policy Director will be available should you have any questions or need any additional information. Be sure to bring photo ID to get through security.

As always feel free to contact me should you have any questions or concerns.

 

Senator J.B. Jennings

Referendum Questions Finalized

Last Monday, the Secretary of State finalized the wording of several key referendum questions to appear on Maryland ballots this November.

While much of the focus this election cycle will be on the race for the Oval Office, Marylanders have a chance to weigh in on a number of important issues that will directly affect our State. These include same-sex marriage, the DREAM Act, Congressional re-districting lines, and gaming expansion. The vote on these questions could have a huge impact on our State. I’d like to provide you with some information to help you make a well-informed vote in November.

The Maryland State Board of Elections has posted the ballot questions to its website. You can view them by clicking here.  Here’s a brief synopsis of the issues that the questions address:

Questions 1, 2, and 3 involve amendments to the Maryland Consitution. They address qualifications for orphans’ court judges and procedures that dictate when an elected official can be suspended from office.

Question 4 refers to the in-state tuition bill from 2011 that was referred to as the DREAM Act. This bill would make undocumented immigrants eligible to receive in-state tuition rates if they meet certain requirements, such as filing tax returns and demonstrating the intent to gain permanent residency.

Question 5 concerns changes to Maryland’s Congressional District boundary lines, as proposed in 2011. Where these boundaries are drawn is crucial for ensuring effective, appropriate political representation. You can view an interactive map of the proposed changes and how they will affect you by clicking this link.

Question 6 focuses on same-sex marriage. This bill would amend Maryland’s current marriage laws to allow gay and lesbian couples to obtain a civil marriage license.

Question 7 asks about gaming expansion. The bill it refers to would authorize casinos to operate table games, increase the total number of video slot machines allowed in the State, and allow a new casino to open in Prince George’s County.

Even in the midst of a crucial Presidential election, these are issues that Marylanders should pay close attention to. I hope that no matter how you decide to vote in November, you’ll take a few moments to familiarize yourself with the referendum questions, as well as the wording presented on the ballots.

Feel free to contact my office with any concerns you may have. These are complex issues, and my staff and I would be happy to address any questions you may have about them.

One Person Can Make a Difference for Better Government

    With all of the political strife these days over partisan political agendas, it is easy to lose faith in our elected officials and in our government.  But in the true American way, when all hope seems to be lost, a glimmering moment can pierce through the cynicism to restore our broken confidence.  While the so-called leaders, those full of hot air have failed us, I have been inspired by an everyday Maryland citizen.  This is her story: 

In 2010, a former constituent of mine, Christine, appeared before the Baltimore County District Court as a crime victim.  She was stalked and harassed by her neighbor, who had a ten-year criminal history that included drug possession and first and second degree assault convictions. 

The case was originally before the District Court because the defendant was charged with stalking, a misdemeanor under Maryland Law.  The offender requested a jury trial, and the case was transferred to Baltimore County Circuit Court.  After pleading guilty, the judge sentenced him to five years in prison with all but 13 months suspended in a state correctional facility, and four years’ probation.

    

Less than three months after the court’s sentencing, the offender was released on home detentions and his probation was reduced to just one year. 

Christine feared for her safety. 

A friend referred her to Maryland VINE (Victim Information & Notification Everyday).  Maryland VINE is an innovative service offered by the Governor’s Office of Crime Control and Prevention. It provides crime victims, victim advocates, and concerned citizens free offender information and confidential notifications on: criminal court case hearings; an inmate’s release, transfer or escape from all city, county, and state jails and facilities; individuals under the supervision of the Maryland Division of Probation and Parole; and sex offender’s compliance status. 

This free public service was the only means Christine had to receive information about her stalker’s release.  But by law, the State did not provide information on Maryland VINE for cases originating in District Court, only those originating in Circuit Court.  Since Christine’s case had begun in District Court, she did not have access to potentially life-saving information.  And to prevent harmful retaliation against her for her stalker’s incarceration, Christine was forced to start a new life. 

Exasperated, she reached out to my office and other legislators in an effort to change the current law.  In the months that followed her initial plea for assistance, my office began working on legislation to ensure that the state provided a crime victim (or a victim’s representative), information about the Maryland VINE program in cases originating in District Court.  Since Maryland VINE is so vital to crime victims and to the general public, I introduced Senate Bill 411 during the 2012 General Session. 

This bill received support from: The Maryland Crime Victims’ Resource Center, The Maryland State’s Attorney’s Association, the Governor’s Office of Crime Control and Prevention, Maryland Victim Services, State’s Attorney’s Office for Baltimore County, and Governor Martin O’Malley.  With such support, it appeared that the bill would become new law this year.  Unfortunately, the bill failed to receive a vote in the Senate Judicial Proceedings Committee and therefore was not considered by the General Assembly.  Supporters and I were extremely discouraged by the bill’s fate; it appeared that political bureaucracy and the “process” would fail our citizens once again.  



    More devastating than the realization that our efforts fell short was sharing this news with Christine. Determined to ensure that this was not going to be the final outcome, Christine and my office once again reached out to our supporters for help. 

In the final days of Session, I received unexpected news from a Maryland Victim Services Coordinator in the Governor’s Office of Crime Control and Prevention.   She informed me that the office had submitted a modification to an existing federal grant that is scheduled to end on June 30th.  According to the coordinator, the Federal Grant Program Manager stated that they would support my proposed modification to extend the program to cases originating in District Court.

On April 4, 2012, the following VINE synopsis was submitted to the District Courts for printing consideration on all District Court generated subpoenas and letters of notification to witnesses:

Want to know when an offender is released from j

ail, has an upcoming court hearing, 
or has changes to his/her parole or probation?

Call VINE for information or to sign up for free phone or email alerts!

Toll Free (866) 634-8463 TTY (866) 847-1298  www.vinelink.com

    In less than 48 -hours of receiving this news, I was informed that this language had been approved for all District Court witness documents. It will be fully implemented by June 30, 2012. And best of all, this language will continue to be used regardless of whether the Federal grant is renewed. 

Through the collected efforts of The Maryland Crime Victims’ Resource Center, The Maryland State’s Attorney’s Association, the Governor’s Office of Crime Control and Prevention, Maryland Victim Service, my office, and Christine, this new change was implemented. 

This is one of those sterling examples of common-sense government that are few and far between these days. Publicizing this service costs virtually nothing to print on witness documents, and the service provides information that our citizens cannot get from anywhere else- they deserve to know about it. 

Ultimately, had it not been for the courageous actions of one person – Christine- then this “loophole” in Maryland law would not have ensured that all victims, in both Circuit and District Court criminal cases, receive notification of the important VINE service.  Christine’s unfortunate circumstance enabled our branches of government to make improved rights for crime victims in the State of Maryland a reality.   

    Christine made a difference in the lives of crime victims and many others in our state because she stood up for something that she firmly believed was right and just. Her persistence required that government get creative to make things right.  I was proud to play a small role in helping her cut through the red tape. I share this as a reminder to all Marylanders-myself included- that one person can save the lives of others and make our government change for the betterment of all.

Thank you, Christine.

A Day in the Life of O’Malley’s Maryland

You may have read and heard a lot this week about Governor O’Malley’s State of the State address. From competing statistics and numbers to terms like “new revenues,” “shared sacrifice,” “fair share,” “job creation,” and “balanced approach,” there’s a lot of back-and-forth across the political aisle. I thought I’d take a different approach, by sharing exactly how the Governor’s proposals and actions affect a District 7 resident in your everyday life.

Let’s begin with the alarm clock going off, early in the morning before work. You wake up and head into the bathroom. Before the sun is even rising, you’re getting hit by Gov. O’Malley, who hopes to double the cost of that toilet flush! Your flush tax is now $30; he wants to make it $60.

After getting dressed, you enjoy a quick breakfast and a cup of coffee. One of the things I hear most often in Annapolis from my tax-and-spend colleagues is that their pet proposal will only increase fees for each citizen by “the cost of a cup of coffee.” They make it sound like it’s nothing, just fifty cents here and a dollar-something there. But the reality is, you could probably own a Dunkin’ Donuts if you saved up all of the “cups of coffee” that Maryland taxes cost you!

You head out to your car, and see that you’re close to empty on gas. Again, with your lengthy commute to the best job you can find these days, it seems like you’re always on empty. So, you drive to the nearest gas station to fill up. And if Gov. O’Malley has his way, you will pay an extra 18 cents per gallon.

Yes, while most of us pull U-turns and mind local news stations’ “Pump Patrols” to find the cheapest gas station by a penny or two, Gov. O’Malley wants to tack on the whole six percent state sales tax.

Finally, you’re on your way to work. It’s not even 9 a.m., and Gov. O’Malley is about to dip into your wallet again: it’s time for tolls. His Transportation Authority raised them just a couple of months ago; now,  a District 7 resident who works on the other side of the tunnels or Key Bridge has to pay $6 a day for that commute.  The tolls were just $2 each way before.

So after paying your increased tolls, let’s say it’s finally payday when you arrive at work. When you take a look at your ever-shrinking paycheck, it should be a reminder that Gov. O’Malley wants to reduce your deductions on mortgage interest, personal exemptions, and even charitable contributions so that you pay more state income taxes.

This doesn’t apply just to the super-rich: it applies to households making a combined $100,000 a year. These tax increases hit the middle class: the husbands and wives each making $50,000 a year as nurses, teachers, deputy sheriffs and police officers, librarians, insurance agents, paralegals, mechanics, lab technicians, and the list goes on.

Once you’ve put in a solid morning of hard work, its lunchtime. You hop online to buy your little niece or nephew a birthday present. Thanks to Gov. O’Malley’s online sales tax proposal, you’ll now pay an extra $1.80 sales tax on top of that $30 gift. There goes another cup of coffee.

Now on to lunch. Maybe you pack a meal rather than grabbing a bite out with co-workers, since you’ve already paid an extra $3.80 in toll hikes and online sales tax today, and that’s before counting the extra 18 cents a gallon on your gas fill-up.

While you eat alone at your desk, maybe you decide to play a new game on your phone or download that song your friend told you about.  Yet again you will be hit with another tax, the “app tax.”  This will be applied to all of those applications that we use on our smart phones to help our daily lives- the Governor just can’t seem to stay out of it, can he?

As the day ends, you look forward to a nice evening. You’re meeting friends for dinner after work. You order a beer, or maybe a glass of wine from District 7′s very own Boordy Vineyards. You enjoy a great meal and fun conversation. And when the bill arrives, Gov. O’Malley is there once more with his 9 percent sales tax on alcohol that he just signed into law.

You’re finally back home. As you lay your head down and slowly drift off to sleep, you think to yourself that you’re glad the day is over because you couldn’t handle any more taxing.  But wait, there’s more. You better turn the heat down tonight, because your electric bill will have an additional $24 charge to subsidize the Governor’s offshore wind farm near Ocean City. Sleep tight, Maryland.

From morning to noon to night, you’ve been saddled with increased tax after increased tax.  And it was only six years ago that we saw the largest tax increase in Maryland history signed into law under Gov. O’Malley.

Your Governor claims to support “everyday Marylanders” like you….and in a way, he’s right. He’s been with you through every step of your day.

All of these increases are his own choices in leading our state.  Although I respect him and the job he has to do as Governor, I strongly disagree with the way he is going about it.  I will continue to fight these ideas and push for more fiscally responsible ways of leading our state.

Nearing the End…

It’s almost over, but we’re far from finished.  The next few hours are going to be jam packed with hearings and voting sessions.

I wanted to take a few minutes and highlight a few pieces of legislation that might be of interest to you.

Federal Military & Overseas Voter Empowerment (MOVE) Act Compliance: This legislation has passed both houses and is on its way to the Governor’s desk for final passage.  In order to comply with the federal mandate, the Maryland General Assembly voted to move our presidential primary election to first Tuesday in April.

It would move the gubernatorial primary election to the last Tuesday in June.

Freedom of Speech – Picketing at a Funeral – Distance: I have decided to co-sponsor this bill.  This would increase the distance in which a person can picket a funeral from 100 feet to 500 feet.

Currently, this bill is in the Judicial Proceedings Committee in the Senate.  We’re working hard to get it out and to the floor for a vote.

Alcohol Tax Increase: This legislation has passed the Senate and has been assigned to the Rules Committee in the House.  This bill would increase the sales tax on alcoholic beverages.  This is a incremental tax increase that will go into effect gradually over the next three years.

Most of the revenue from this tax will be directed to the general fund.  However, a small portion will be directed to the Developmental Disabilities Administration.

These bills and others are going to be flying through committee and onto the floor today.  Session officially ends at midnight tonight.  Feel free to listen to floor proceeding whenever we’re in session.

I will share an end of session wrap up towards the end of the week.

Key Bills This Week

I believe in responsive, transparent government. While I’ll make every effort to keep you up to date on the bills I’ll be hearing and voting on, I thought you might be interested in going a bit deeper.

I’m changing things up a bit this week. Instead of highlighting bills coming up in my committee, I’m going to be focusing on bills that are important to note and might have a more pointed impact on our district.

Of course you can always see what’s coming up in my committee by checking out the hearing schedule.

Key Bills of Interest:

SB248: Allowing wine to be shipped into the state of Maryland directly from distributors. (will most likely be voted out of committee this week and go to the floor for a vote

SB132: The Job Applicant Fairness Act passed in the Senate with amendments. The bill prohibits an employer from using an individual’s credit report or credit history to deny employment, terminate or determine compensation. It will now head to the House.

HB743: Would have prohibited employers from requiring an employee to belong to a union. The bill never made it out of committee. A companion bill still remains in committee on the Senate side (SB 660)

SB 763: Allows any person who is serving in the armed forces and has a service-connected disability to hunt on public property without a hunting license. This bill passed the Senate and is now moving onto the House.

SB 8, Sb 243 (constitutional amendment): Would allow locations that already hold a slots license to now offer table games as well.

SB 4: Authorizes certain war veteran’s organizations that have resided in the state for at least 5 years to license up to 5 slot machines.

HB 1288: Would prohibit drivers from engaging in a preoccupying activity, such as reading, writing, personal grooming, using wireless communications, adjusting cargo, eating, drinking, or attending to another passenger.