May 24, 2013

Sine Die Kills Tax Increases

Half a billion dollars in new tax proposals were left for dead by Sine Die on Monday night. 

Sine Die is what we call the last day of Annapolis’

90-day legislative session; in Latin, it means “without a[nother] day.” 

As 11:59 p.m. wound around the clock on Monday evening, Gov. O’Malley’s grand plan to further tax gas, apps, tobacco, clothes, furniture, music downloads, shoes, Easter baskets, and everything else under the sun died. 

It was an interesting scene in the Senate chamber. There was a lot of stress, a lot of last-minute desperate attempts by the Governor’s allies to push things through. 

Senate leadership wanted to increase slots and table gaming revenues to balance the budget, but House Speaker Busch wanted to rely solely on tax increases. The two sides could not come together. 

The clock inched closer to midnight, and those of us opposed to higher taxes eloquently kept the debate going in a filibuster. We were able to keep these taxes from being passed, which was a real victory for all taxpayers and fiscal conservatives.

Since we were successfully able to fend off half a billion in tax increases, the “doomsday” budget cuts I listed a few weeks ago will go into effect. 

Now there is a chance that the Governor will call for a special session in May. The sole purpose of that session would be to raise taxes to avoid these “doomsday” program cuts. Our Governor has his sights set on higher office, and half a billion dollars in program cuts would not look good on his resume even though it is the right thing to do for Maryland. 

However, you may remember that Governor O’Malley already called one special session in 2007 to raise our sales tax by 20% and enact hundreds of millions in other taxes. He probably doesn’t want to have that on his resume again, either. 

To call a special session or not; that is indeed the question on the Governor’s mind today. 

While he weighs his options, taxpayers can enjoy a quick sigh of relief. It may not last for long, but for the time being we have escaped the greedy hand of more government.

 

A Time to Remember

The past few weeks have been full of vitriol and heated debates, from Maryland’s General Assembly up to the GOP presidential primary race. 

In the midst of it all, I have taken a lot of time to reflect upon two great men, each a great American in his own way.

 

The first is PresidentAbraham Lincoln. I was asked to give a speech about his life to the entire Senate chamber this month, and worked very hard towrite a fitting tribute. You can read my entire address here, but I want to highlight the part that has impacted me the most during our heated political climate of late.

 

While researching Lincoln, I was reminded that he appointed his three primary opponents for the Republican nomination to serve in his own Cabinet. He also looked beyond ideological differences and put one of his fiercest detractors, Edwin Stanton, into what proved to be the most important Cabinet position during those four years: Secretary of War.

 

 

Lincoln surrounded himself with the brightest, strongest and best minds to help steer our nation to calmer waters, regardless of party or previous allegiance. Needless to say, this was remarkable in its own time, and is even more unlikely today. 

In the face of so much divisiveness, it was healthy for me to look back and get a little historical perspective on succeeding through statesmanship, rather than gamesmanship. 

Lincoln managed to display humility, yet never flinched on his convictions and values. That’s a remarkable leadership combination that I try hard to emulate through my work in the Senate.

 

The second man I have been reflecting upon recently is my grandfather, James Airlie Jennings. Everyone knew him as Jim.

 

I knew him as Pop. He passed away last week at the age of 82.

 

Pop started his family in a small town in the North Carolina foothills.

Like today, it was hard to find work. But he was determined to support his wife and three sons, and chased a local newspaper ad 420 miles to Baltimore in the desperate hope of employment.

 

He got a job with the Glen L. Martin Aircraft Company, as a machinist. Pop traveled to North Carolina every weekend to be with his family, never complaining because he understood that sacrifice was required to ensure their well-being. 

Nobody else, and certainly not the government, was responsible for their care except him. Eventually, he was able to move his family to Baltimore.

 

After a few years of stability, his entrepreneurial spirit kicked back in and he took a great risk: leaving his secure job to start his own business. Jim’s Automatic Transmission Service began as a single bay shop on Martin Boulevard. The shop has outgrown its location three times in the last 54 years. Today, Jim Jennings Transmissions employs 15 people and has an unparalleled reputation for the quality and honesty of its founder.

 

My role as an elected official takes me all over the place.  I go from community associations to civic council meetings to Boy Scout ceremonies. Almost weekly, I am stopped by loyal customers, random strangers who hear my last name and ask, “Are you related to Jim Jennings?” 

I can’t tell you how proud I am to say that yes, he is my grandfather. They go on to tell me how he lent a hand, made a fix, or gave a break to them when they needed it most. Although these stories took place over 30 years ago, they are always told so vividly that it shows what kind of an impact my grandfather had on people. He has built a reputation for the “Jennings” name that I strive to continue.

 

No memory is more emotionally stirring than of my time as a toddler, sitting beside him on his Piper 250 Comanche airplane as he soared us through the air with the warm sun in our faces. I am incredibly lucky to have this as my earliest memory: literally a sense of freedom, that the sky was the limit.

 

There’s nothing more American, and I have my grandfather to thank for instilling that in me from the earliest possible age. 

One of the proudest moments in my life was the day I was sworn in to the House of Delegates. The ceremony took place in the House chamber, and we were allowed to bring one guest onto the floor with us.  There was no question I was taking Pop.

 

He sat in my seat and I stood behind him to take the oath. The next act was to officially vote for the first time.  As the clerk rang the bell for a quorum call, I let Pop cast my first official vote. When I vote on your behalf thousands of times each session, I try to do what a man of his integrity, wisdom, and take-life-by-the-horns conviction would do.

 

Both my grandfather and President Lincoln were true gentlemen, but they also possessed that fighting spirit that makes this country great.

 

Their unique legacies show that whether you are leader of the free world or simply a family man and businessman, you can conduct yourself as someone people will be proud of for generations. Reflecting upon these two lives of late, following President’s Day and my grandfather’s funeral, has certainly given me a lot to think about. I am carrying both of them with me in Annapolis. 



As always, I am proud to represent you.

The Lincoln Day Address

On Monday, February 13th, I had the honor of delivering the Lincoln Day speech in the Senate. It is part history lesson and part wish for a more congenial and respectful public discourse. There are certainly lessons we can all take from the leadership of President Lincoln.

Mr. President, Mr. Minority Leader, My fellow Senators, and all those in attendance, it is a true honor to stand before you tonight and speak about one of our nation’s greatest Presidents 203 years after his birth.  

We all know the narrative of Abraham Lincoln: our 16th President, the rail splitter, the great emancipator, the Gettysburg Address and of course that fateful night at Ford’s Theater.  

The Lincoln we know is a marbleized figure, sitting 19 feet tall, in his pillared monument, overlooking our nation’s capital.

But history has less to say about the man himself, the flesh and blood man who had more defeats than triumphs. A man who had vices and flaws as we all do.

What makes him worthy of our memory is not that he made no mistakes, but that he persevered despite them.  To study the life and times of Abraham Lincoln is to understand the qualities that made this a great country.

We can all apply the life and times of Lincoln beyond his greater achievements by studying what shaped him to be the leader of that time; and the lessons of his guiding principles of life and reasoned governance.

In an 1876 celebration of Abraham Lincoln the former slave Frederick Douglas said:

“there is little necessity on this occasion to speak at length and critically of this great and good man, and of his high mission in the world.  That ground has been fully occupied.   The whole field of fact and fancy has been gleaned and garnered.   Any man can say things that are true of Abraham Lincoln, but no man can say anything that is new of Abraham Lincoln”.

Looking at his early life you realize the diverse challenges he faced and had to overcome.

  1. He entered into business with a partner and when it failed he was left with debts that he spent the next 17 years paying off.
  1. He was defeated several times when he ran for the legislature in Illinois, the U.S. Senate, Vice President of the United States and was denied an appointment to the U.S. Land Office.
  1. He was elected and served only one term in Congress.
  1. He fell in love with a young lady, became engaged but she died before they were married.  Later, he proposed marriage to another young later but was turned down.  Eventually he did get married.
  1. He and his wife had 4 sons, yet only one would reach adulthood.

Through all of these trials and tribulations in both his personal and professional life, he persevered and eventually sought the Presidency, exhibiting both tenacity and strong moral conviction.

The 1860 Republican Presidential Nomination came down to the convention.  The nominees were:

New York Senator    -  William H. Seward

Ohio Governor  -   Salmon P. Chase

Missouri Congressman    -  Edward Bates

And a former single term member of Congress from Illinois Abraham Lincoln.

William Seward was favored to win the nomination.  However, after 3 rounds of balloting the little known Lincoln stunned the convention by taking the nomination and eventually the Presidency.

As Lincoln began to make the transition from prairie lawyer to the White House he knew the great challenges that he faced.  In the famous “A House Divided Speech” before the Illinois legislature he said:

“A house divided against itself cannot stand. I believe this government cannot endure, permanently, half slave and half free. I do not expect the Union to be dissolved — I do not expect the house to fall — but I do expect it will cease to be divided. It will become all one thing or all the other.”

As legislators ourselves we all have felt the pressure of making tough decisions and the inevitable consequences of our choices.  Whether it be from our constituents, our colleagues or even our own self convictions.

I invite you to consider what the pressure was like for President-elect Lincoln.  Knowing that what he campaigned on and believed in would divide this country and send it into war.  He followed through on what he believed was best for our nation and demonstrated true integrity and moral conviction.

Faced with a young country’s precarious future, Lincoln was mindful of his actions that would define our stability and hopeful unity as one nation.

As the sun began to rise the day after his election, President-elect Lincoln began to construct the most pivotal part of his presidency; his cabinet.  Although he had many great statesman to choose from he knew the foundation of his presidency and future of our nation sat on the shoulders of those who would help govern the executive branch.

As he began to pen the names for each position he chose an unconventional, yet effective strategy to surround himself with the greatest political minds of his time.  It could be surmised that Lincoln was determined to achieve victory not through diversity, but through consensus building and statesmanship.

Secretary of State – William H. Seward

Secretary of the Treasury – Salmon P. Chase

Attorney General – Edward Bates

These 3 gentlemen were the same 3 who Lincoln faced in the primary.  He also selected several Democrats for cabinet positions that had previously opposed his Presidency.

Lincoln looked beyond the ideological differences and put one of his fiercest detractors, Edwin Stanton, into what proved to be the most important cabinet position during those 4 years, the Secretary of War.

Lincoln surrounded himself with the brightest, strongest and best minds to help steer our nation to calmer waters, regardless of party or previous allegiance.

What he had was an administration that was better educated, more experienced, and more credentialed than he.  He knew that our young nation faced the greatest challenge in its history and his presidency would be like no other.

The attitude Lincoln had towards the selection of his cabinet was no different than the method he used in selecting the officers who would guide our nation’s military to victory.

At the mouth of the Chesapeake Bay near what is now Hampton Roads, Virginia stands Fort Monroe.

It is a six-sided stone fort surrounded by a moat.  It lies on a small peninsula stretching into the bay.  During the Civil War it played a vital role in the defense of our nation’s capital.  

Although lying in a Confederate controlled area it was able to block many enemy ships from traveling up the Chesapeake Bay and eventually making their way up the Potomac.  

In the spring of 1861 it was commanded by Benjamin Butler.  Butler was Democrat who served in both the Massachusetts House of Representatives and State Senate.  With the start of the civil war he put his political career on hold and re-entered military service.  

Not far from Fort Monroe the Confederates were building a battery that was being constructed using slave labor.  Three of those slaves were able to escape one night and made their way to the Union held Fort Monroe.  

After learning the whereabouts of the slaves, their master sent for their return.  This was 2 years before the Emancipation Proclamation and under current federal law Butler was obligated to return the 3 men.

But in a surprise decision Butler declined the request.  He argued that the rebels were using slaves in the field to support their troops and were therefore contraband of war.  The Federal government was no longer obliged to surrender them to their masters.

Learning of this, President Lincoln immediately promoted him to Brigadier General.  Honored and very grateful Butler wrote Lincoln and said he would accept the commission.  Wanting to clear the air he also went on to say:

“there is one thing I must say to you, as we don’t know each other; That as a Democrat I opposed your election and did all I could for your opponent; but I shall do no political act, and loyally support your administration as long as I hold your commission; and when I find any act that I cannot support I shall bring the commission back at once and return it to you.”

After receiving Butlers letter Lincoln responded back:

 “That is frank, that is fair.  But I want to add one thing:  When you see me doing anything that for the good of the Country ought not be done, come and tell me so, and why you think so, and then perhaps you won’t have any chance to resign your commission.”

Moving forward is what is lost on many of us, and certainly escapes modern politics; where the actions and policies of the previous majority or last administration are used as a tool to neutralize the current minority.  

This is not the way of Lincoln.  He wanted settled business to be just that; for he believed that regardless of what transpired the best way forward was to learn from the past, not continually relive it.

After nearly 4 years of war, over 600,000 casualties, the end of the Civil War was near.  

Richmond, the Capital of the Confederates, fell on April 3rd 1865 pushing General Lee and his forces south.  Lee needing to make it to North Carolina where his weathered troops would meet up with Confederate reinforcements, resupply, and continue the campaign.

Retreating from Richmond, the Confederates entered Petersburg where, again, General Grant and the Union forces fought to bring this war to a close.

 Lee again was able to retreat south with his forces.  Eventually however, his luck would run out at the Appomattox Courthouse in Virginia.

His troops, being chased from behind by Grant, were met head on by the Union Calvary.  As fighting broke out Lee and the Confederates fought to break through the Cavalry line and continue their march south.  

However, Lee soon realized that the Calvary was being backed up by 2 battalions of Union Infantry.  Surrounded, low on supplies, and greatly outnumbered, Lee realized that to continue fighting would futile.  

He decided to send notice to General Grant that he and the Army of Northern Virginia would surrender.  General Grant accepted and agreed to meet.

On his way to meet General Grant, Lee confided in his assistants that he figured he would be imprisoned by nightfall.  However, the Commander in Chief wanted to heal the nation.    

Lincoln had empowered his command to offer generous, even lenient terms of surrender echoing the timeless words of Lincolns’ second inaugural address:

“With malice toward none, with charity for all, with firmness in the right as God gives us to see the right, let us strive on to finish the work we are in, to bind up the nation’s wounds, to care for him who shall have borne the battle and for his widow and his orphan, to do all which may achieve and cherish a just and lasting peace among ourselves and with all nations.”

 Lincolns’ order to Grant were more than fair.  The final line of the surrender agreement read as follows:  

“each officer and man will be allowed to return to their homes, not to be disturbed by United States authority so long as they observe their paroles and the laws in force where they may reside.”

After signing the surrender, Lee mounted his horse and rode for home.  Following him was the Confederate soldiers from the Army of Northern Virginia.

As they began their march home they had to pass the now victorious Union Army.  The Union began cheering in celebration.

“I at once sent word, however, to have it stopped,” Grant later said. “The Confederates were now our countrymen, and we did not want to exult over their downfall.”  

Brig. Gen. Joshua L. Chamberlain was the Union officer that Grant had selected to preside over the surrender.  Knowing Lincoln’s wish to heal this nation, he ordered all Union troops to line the roadway.

As Lee and his battered and wounded Confederates came to pass, General Chamberlain swiftly called his troops to attention and “carry arms,” a traditional military salute.

As 27,805 Confederate soldiers began their long march home in defeat, they filed down that narrow dirt road past men who they would have fought to the death only a few hours before.  

Expecting to face hostility and malice, they were greeted with a show of respect and honor as the Union troops stood motionless and saluted as they passed by them one after another.  This was the first sign that this nation would heal from those deep wounds.

Lincoln wanted to move forward by learning the lessons of the past, applying them to governance, and work hard to dispense with the lingering animosities that accompany war, politics and life.  

Abraham Lincoln bemoaned the rancor of politics, yet excelled at politics and was able to end an existential conflict in our Union.

 

Now I ask every one of my colleagues in the Senate, in the House and in positions of high authority in our great State of Maryland to remember the lessons of Lincoln.

As we walk through these doors, make our way into this chamber and take our positions on this red carpeted battlefield.  All of us will have competing views of how best to improve our experiment that is democratic governance.  

We know battles will erupt, they will never be of the magnitude of Vicksburg, Gettysburg, Bull Run or Antietam, but they never the less will determine the future of our great state.

All of us should be compelled to remember that when the final shots are fired, the dust settles and the smoke clears, we will gaze upon these tote boards to see who is the victor.  

At this point let us remember the humility that Lincoln demanded of his cabinet, his troops and his presidency.  Let us show the respect that those victorious Union soldiers showed when the welcomed their brethren home.

As we embark on a new year, a new session, and a new presidential election, let us always hear the echoes of General Grants’ famous words to his Union troops, which was the embodiment of  Abraham Lincoln and how it applies to us today.

“WE ARE ALL AMERICANS, working together, striving to make our State and our Nation a better place to live, without regard to our differences.”


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.

Too Few Cuts, Too Many Taxes

I drove through the night Sunday to return to Air National Guard training in Georgia, only to turn around and fly back to Maryland on Tuesday to vote NO on the budget.

Regardless of my efforts, it passed the Senate by a vote of 37-10.  It’s now on its way to the Governor’s desk for his signature.

With all the talk of spending cuts and tough decisions, the budget still increases spending a good 10% more than last year.

Although this budget protects many special interests, it fails to protect one very important group…you, the taxpayers.

Instead of making necessary cuts, the General Assembly opted to raise fees and taxes instead.  Plus, they added several new ones as well. Here is a list of what’s included, a mere preview of what’s to come.

  • Vehicle Titling Tax doubled from $50-$100
  • Vanity Plate Fee doubled from $25 – $50
  • Land Recording Fees doubled from $20-
    $40
  • Birth Certificate Fees doubled from $20-$40
  • Increase in Hospital Assessments adding 2.5% to rates.
  • Increasing Nursing Home Tax from 4.5% to 5.5%
  • Parole Supervision Fee doubled from $25 to $50
  • New: 2% Premium Tax on the Injured Worker Insurance Fund
  • New: Payroll Garnishment Fee for State Employees
  • New: Maryland Higher Education Commission Program approval fee

So the budget is balanced, but we’re still not accounting for the deficit.  It’s almost like we’re practicing “credit card government.”  We’ll just charge it and pay it later, right?

Whose money is it again?  Right, it’s yours.

If you have any questions or comments on the budget, please email me directly.

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.