Sen. Ed Reilly

By Justin Snow
Justin@MarylandReporter.com

The Maryland State Senate delayed debate on the same-sex marriage bill that cleared the Judicial Proceedings Committee yesterday until Thursday morning, but a final vote is still expected by Friday.

Discussion was limited in the Senate chamber on Wednesday. Minority Whip Edward Reilly, R-Anne Arundel, offered an amendment before motioning to lay over the bill to gain more time to prepare amendments. No vote was taken on Reilly’s amendment, which would reverse a key House amendment that changed the effective date of the bill from October to January 2013.

Sen. Jamie Raskin, D-Montgomery, the floor leader for the bill, said Reilly’s amendment was an attempt to kill the bill. If adopted, the amendment would force the bill to go back to the House, which passed the amended bill narrowly Friday by a 72-67 vote.

Senate President Mike Miller, D-Calvert, said he hopes to have a final vote concluded by Friday morning. The Senate will continue debate on amendments tomorrow morning and, if necessary, into the night.

Miller said he does not anticipate any senators have changed their stance on the issue. The Senate approved a similar bill last year 25-21.

Senate President Mike Miller

Senate leaders are trying to find $500 million in tax hikes as alternatives to those proposed by Gov. Martin O’Malley to avoid a “doomsday” budget with $1 billion in spending cuts, Senate President Mike Miller told reporters Tuesday.

“We’re looking at a different set of revenues than the governor has proposed,” Miller said.

The state has a billion-dollar structural deficit that must be filled.

O’Malley is seeking to limit exemptions and deductions for taxpayers making over $100,000, but Miller said there has been “a lot of pushback” on limiting the mortgage interest deduction.

Realtors are running radio ads asking citizens to call their legislators opposing the plan that would only allow 80% of the federal itemized deductions to be listed on tax returns for couples making over $150,000 and for single taxpayer making $100,000.

Miller did not discuss what taxes might be considered, but Senate Budget and Tax Chairman Ed Kasemeyer last year said the sales tax should be extended to more services. Among other options, budget committee members have been privately discussing expanding the number of services eligible for the sales tax, possibly combined with a roll back of the 6% rate.

Miller said, “You have the choice of revenues or cuts.” A “cuts only” budget might include reduction maintenance of effort funding for schools, a shift of teacher pension costs to the counties, and reductions in other programs.

“I hope that isn’t the case,” Miller said. “I hope we find 24 [senators] of good will and courage,” the majority needed to pass a tax increase.

“It’s going to be profiles in courage or profiles in hell,” Miller said. The choice is “either doomsday or continue to let the state make progress.”

Developmentally disable rally against budget cuts

One area that could face cuts is funding for developmental disabilities programs. Around 500 people turned out on Tuesday to rally outside the State House and lobby their legislators against that possibilty.

Joined by several Democratic and Republican legislators, rally goers vowed to keep fighting for necessary support.

Describing the issue as one centered around wages, Virginia Knowlton of the Maryland Disability Law Center said that many with disabilities simply want to work and be a part of their community.

–Len Lazarick
Len@MarylandReporter.com

Attorney General Doug Gansler addresses Marriage Equality supporters in September 2011.

In the video, which has been posted by Marriage Equality on YouTube since last September, Gansler says that even if the same-sex marriage law is enacted, and then voters reject it, new judges appointed by Gov. Martin O’Malley will ultimately rule Maryland’s one man-one woman marriage law unconstitutional.

“Gov. O’Malley has been sympathetic from the start,” Gansler says to an audience of hundreds, claiming he’s “violating an attorney-client secret” by revealing O’Malley’s views. The governor was in the audience, and spoke after Gansler.

“Say we pass this, and we have same sex marriage here in Md. The right-wing myopic folks will then try to have a referendum,” Gansler says. “Every state that’s done this has not voted for marriage equality,” although Maine came close. “We may be successful.”

“Let’s say the people vote and the machines don’t work and they vote it down. So then what happens? We go back to marriage between man and a woman again. And then what happens? It goes to a court.

“Gov. O’Malley has appointed three new members to the Court of Appeals” since the state’s high court upheld current law enforcing traditional marriage in a 4-3 ruling.

“Clearly the current law is not constitutional,” Gansler says. “It violates equal protection. It violates due process. The new judges that Gov. O’Malley has appointed will ultimately decide that.”

“The only thing that would change the analysis would be if the Supreme Courtt gets this before that,” and finds the federal ban unconstitutional.

“So we will win,” Gansler told the cheering crowd.

Del. Don Dwyer, R-Anne Arundel, has been re-circulating the video, putting his own spin on Gansler’s remarks in another attempt to derail the push for gay marriage. Dwyer tried to impeach Gansler over an official opinion two years ago that ruled Maryland should recognize the validity of gay marriages performed in other states. He has introduced a constitutional amendment to protect traditional marriage.

Watching the video, “You will hear that the voting machines may not work and that ultimately this issue will end up before the judges that O’Malley appointed,” Dwyer said. “This video reveals great reason for suspicion regarding the legitimacy of the referendum process that may be before us.”

–Len Lazarick
Len@MarylandReporter.com

Comptroller Peter Franchot

Comptroller Peter Franchot denied that his push for financial literacy requirements in all state schools was a product of his political ambitions, “which may or may not include a run for governor.”

“It’s the right thing to do,” he insisted.

But “if I were to run for governor, and if I were fortunate to win,” Franchot said he would have “a litmus test for any appointment to the state school board” or the local boards of education where the governor still makes the choice. They would have to support a financial literacy course requirement for graduation.

If a school board nominee chose to “side with the bureaucrats” in resisting the course requirement,  “you would not receive an appointment or retention in a Franchot administration.”

This was apparently the first time he has made reference to a position he might take if elected governor.

The state school board has established a financial literacy curriculum integrated into other courses, but for a fourth year in a row, Franchot is backing legislation that mandates a course in personal finance as a requirement for high school graduation.

School systems in six counties have established the requirement – Carroll, Talbot, Allegany, Frederick, Charles and Calvert counties.

But school boards elsewhere have adamantly opposed a legislative mandate, as they routinely oppose other meddling by legislators in what schools should teach.

Franchot noted that the President’s national financial literacy initiative ranks Maryland high school students 37th in the nation on their knowledge of personal finance.

According to the 2012 Assets and Opportunities Scorecard, Maryland came in 45th for credit card debt with an average balance of $13,000, compared to a national average of $10,852.

Some counties object to the possible cost, but cosponsor Sen. Rich Colburn, R-Dorchester, said, “This can be done at little or no cost.”

“We cannot afford not to do this,” said Tammy Darvish, vice president of DARCARS Automotive Group. She said her company sees thousands of credit reports each month, and “it’s shocking to see the damage that has already occurred.”

There are basic financial skills, such as balancing a checkbook or understanding interest rates, that should be “standard equipment” in any education.

There was a hearing on the bill Wednesday, at which Franchot submitted a petition with 10,000 signatures supporting the measure. Sponsored by Sen. Katherine Klausmeier, the Senate has passed the legislation two years in a row, but it has failed to make it out of the House Ways and Means Committee.

–Len Lazarick
Len@MarylandReporter.com

Senate President Mike Miller

Senate President Mike Miller told reporters Monday that the Joint Committee on Ethics has decided on action to take on Sen. Ulysses Currie, D- Prince George’s, who failed to report $250,000 in consulting income from Shoppers Food Warehouse.

Miller said he doesn’t know what the Ethics Committee decided, but the Senate will likely abide by its recommendations, which he expected to come to the Senate floor this week. The committee has been meeting behind closed doors.

Robert Lang has audio of the interview with Miller.

Currie was acquitted of federal bribery charges last year.

The red-brick Jeffrey Building on Francis Street near the State House. DGS photo

The Board of Public Works last Wednesday renamed the Jeffrey Building a half-block down from the State House for Fred Wineland, the longest serving secretary of state in Maryland history.

Wineland was a Prince George’s County delegate and senator before Gov. Marvin Mandel named him secretary of state — the only cabinet officer established in the constitution — in 1971. The secretary gets a motley array of duties and the lowest salary of anybody in the cabinet because the legislature refuses to raise it.

Wineland, 85, is a World War II Navy Veteran and a good friend of Gov. Harry Hughes, with whom he served in the Senate. Both Gov. Parris Glendening and Hughes lobbied Gov. Martin O’Malley for the name change. Hughes “never let up,” O’Malley told Wineland after the ceremony.

But what of the poor Jeffrey for whom the building was named when it was built in 1966? It wasn’t until Wednesday that Hughes himself learned of the connection to his own career.

According to Susan Wood at the Department of General Services, the building was named Jeffrey by politically connected developer Victor Frenkil for his first grandchild, Jeffrey Krieger, son of Frenkil’s daughter Janet. Krieger now has his own architecture firm in Philadelphia.

Victor Frenkil, friend of governors, was one of the bidders to build the Baltimore subway when Hughes was secretary of Transportation in the 1970s. According to Hughes’ autobiography and newspaper accounts at the time, Frenkil’s firm was not chosen for the contract, but he used his political connections with Mandel and Comptroller Louis Goldstein — with whom he once owned some land — to work behind the scenes and scuttle the chosen contractor so he could get the business.

Gov. O'Malley presents proclamation to Fred Wineland as former Gov. Harry Hughes, right, looks on. (Governor's office photo)

After battles back and forth which delayed the award of the contract, Hughes eventually resigned as Transportation secretary in 1977, citing the political games being played over the subway contract. This established his reputation for incorruptibility in the troubled administration of Mandel, who eventually went to federal prison on an unrelated deal – later to have the conviction overturned.

So when Hughes learned of the Frenkil connection to the building and the Jeffrey name last Wednesday, he said, “I’m glad they’re taking [the name] off,” and replacing it with that of his friend and Senate colleague, Wineland.

“I was stunned when I got the news,” said Wineland, who was wearing a portable oxygen device to help him breathe. “I’m flying so high I had to bring my own oxygen.”

The state began renting the building in 1966 and purchased it from Frenkil in 1972.

–Len Lazarick
Len@MarylandReporter.com

Ambassador Tebelelo Seretse of Botswana address Maryland Senate.

Her Excellency Tebelelo Mazile Seretse, ambassador of the Republic of Botswana to the United States, charmed the Maryland Senate during a courtesy call Wednesday.

Unlike many foreign guests visiting the State House recently, Seretse has close connections to Maryland, graduating in 1978 with bachelor’s degrees in both accounting and economics from Morgan State University,

“If I do find success in what I do people will say this was a product of the state of Maryland,” Sereste said. “I am who I am today because of Morgan State University.”

Seretse became ambassador last year after serving as a member of parliament and as a cabinet minister. Before that, she worked in the private sector, including serving on the board of the Botswana Diamond Mining Co., the biggest industry there.

“Botswana is the largest producer of diamonds in the world,” said fellow Morgan State alumnus Baltimore Sen. Nathaniel McFadden, in his introduction. “So I want you folks to remember that next week when Valentine’s Day comes.”

Sertetse said Botswana has the highest gross domestic product per capita in Africa due to the diamonds. A former British colony “by choice,” it gained its independence in 1966.

“I think at that time they didn’t know we had diamonds,” Seretse said to laughter. “It was not a very wise move.”

According to the CIA World Factbook, Botswana is larger than California, but has only 2 million people. Its diamond-based economy has suffered in the worldwide recession.

“Botswana is one of the best managed countries in Africa,” she insisted. “We hold the record for being the least corrupt country on the continent.”

“You can Google it and verify for yourselves,”

The ambassador did bring up the high rate of HIV/AIDS infection in her homeland, but overall, she said, “Indeed Africa has some positive stories to tell.”

Lobbyist Bruce Bereano said he helped arrange Seretse’s Annapolis visit after he met her at a D.C. party put own by his old fraternity brother, District Mayor Vincent Gray. (Bereano said his Jewish fraternity at George Washington University was the school’s first to integrate back in the 1960s, allowing Gray to join.)

–Len Lazarick
Len@MarylandReporter.com

There was also legislation to allow unions for adjunct faculty and graduate students at state universities.

TAX CAPS: Sen. Rich Madaleno, D-Montgomery, introduced a measure (SB740)
that authorizes the county council of a charter county that has a property tax revenue or rate limitation to set a property tax rate higher or to collect more property tax revenues than authorized under the county charter for the sole purpose of funding local schools.

A charter county must appropriate all property tax revenues collected resulting from the increased rate to the county board of education.

Madaleno said that funding of education is a constitutional requirement in Maryland, and so that overrides any tax caps approved by local voters. Five counties have some kind of tax cap: Anne Arundel, Montgomery, Prince George’s, Talbot and Wicomico. The same bill introduced by Madaleno last year failed to make it out of committee.

CONGRESSIONAL REDISTRICTING: Sen. David Brinkley, R-Frederick, is sponsoring a state constitutional amendment that would apply the same standards for congressional districts that are used for legislative districts.

Brinkley’s bill says a congressional district “shall consist of adjoining territory, be compact in form and ensure that due regard is given to natural boundaries and the boundaries of political subdivisions.”

Brinkley objected to the way Frederick and Carroll counties, which he represents, were split last fall by the governor’s redistricting plan. He said when voters “see gerrymandering, they are repulsed by it.”

Brinkley’s bill has nine co-sponsors, including two Democrats, James Brochin of Baltimore County and Anthony Muse of Prince George’s. Muse was the only Democrat to vote against the governor’s congressional redistricting plan.

Brochin, whose Towson district was redrawn to include more Republican voters, already introduced  a bill and a constitutional amendment  to ban partisan gerrymandering and other political factors, such as where incumbents live, from consideration in legislative redistricting.

BAY BRIDGE: Sen. E.J. Pipkin, R-Upper Shore, has introduced the perennial bill (SB805) to do an environmental impact study for a third Chesapeake Bay bridge, either parallel to the current spans, or somewhere else “determined to be environmentally and economically feasible.”

UNIVERSITY UNIONS: Sen. Jamie Raskin, R-Montgomery, and 15 co-sponsors have introduced a bill (SB859) to allow faculty, adjunct instructors and graduate fellows at state colleges and universities to unionize.

–Len Lazarick
Len@MarylandReporter.com

Martin and Katie O'Malley

The push to authorize same-sex marriage in Maryland had already been a contentious issue at the State House, even before tomorrow’s hearing on the O’Malley administration bill and today’s big rally opposing it.

But right after the bill’s introduction last week, the O’Malleys, both husband and wife, managed to press even more hot buttons for same-sex marriage opponents. Judge Katie O’Malley, the first lady, blamed last year’s failure of the bill on “some cowards that prevented it from passing.” Gov. Martin O’Malley had earlier sent out a mass e-mail fundraising appeal for the cause, a tactic which Republicans called “unethical” if not illegal.

Judge O’Malley’s remarks at the National Conference on Lesbian, Gay, Bisexual and Transgender Equality in Baltimore on Thursday night were especially surprising, since she generally steers clear of controversy and taking political stands. As first lady, she works on topics like preventing bullying and domestic violence, encouraging reading, gardening and home-grown foods. Brian Witte of the Associated Press first reported her inflammatory remarks and their aftermath.

After the negative pushback, Judge O’Malley quickly apologized.

“I regret my recent choice of words at the Creating Change Conference last night,” she said in a statement Friday. “I let my feelings get the better of me. I deeply respect that there are strongly held and differing views on marriage equality in Maryland, but hope that our state’s elected officials will come together to fairly address this important issue for our families and children.”

Last Tuesday after a breakfast he hosted at the mansion for gay marriage advocates, Gov. Martin O’Malley used his campaign committee to send out a fundraising appeal for Marriage Equality, the coalition backing same-sex marriage.

“Today, I am writing to ask for your support of equal rights under the law in the context of civil marriage rights in Maryland,” O’Malley said in a personalized e-mail that went to thousands who have signed up to hear from the campaign, including legislators. The e-mail contains two links to the Marriage Equality page for electronic donations.

Republicans found the solicitation questionable because O’Malley and lawmakers are barred from raising money for themselves and their campaigns during the legislative session. (The contribute buttons on the O’Malley-Brown website are disabled.)

“Gov. O’Malley is blatantly disregarding the longstanding prohibition against raising money during the legislative session,” said state GOP Chairman Alex Mooney in a statement.  “At best, the Governor’s scheme to raise money for an organization supporting a bill he is running through the General Assembly is unethical.”

“I have never seen a governor send out a notice regarding his legislative package and to simultaneously tell the legislators to donate to the very special interest group that benefits from that legislation,” said Del. Michael Smigiel, R-Cecil. “This is the kind of behavior that causes the public to lose faith in their elected public servants.”

O’Malley continues to raise money outside the state for the Democratic Governors Association, which he chairs. In November, the Sun’s Annie Linskey did a detailed story about how O’Malley was raising big bucks for the DGA from firms with major interests before his administration.

–Len Lazarick
Len@MarylandReporter.com

Actor Charles Dutton, center, poses with House of Delegates members, including House Speaker Michael Busch, left, and Del. Curt Anderson, right.

Actor Charles Dutton made a guest appearance in the Maryland House of Delegates Thursday, announcing his return to Baltimore to promote the arts in Maryland’s impoverished communities.

“I am a living testament to the transformational power of the arts,” Dutton said. “In some of our communities, if we had more arts programs and less crack houses and fried chicken joints, I think we’d have less crime.”

Dutton called on delegates to bring arts programs back “to the school systems and into the communities.”

“If it is was not for the arts I wouldn’t be standing here, I’d still be doing time in the Maryland State Penitentiary,” he said.

Dutton was convicted of manslaughter at age 17 and was released in 1976.

He starred in the TV series Roc, a comedy series about a Baltimore garbage collector. He went on to star in movies and earn accolades as a director and producer. Dutton has a home in Baltimore City and a farm in Howard County.

–Daniel Menefee
Dan@Marylandreporter.com

Sens.Rob Garagiola and David Brinkley co-sponsor farm bill.(Photo by Rob Lang, WBAL AM)

Estate break for farms joins congressional opponents

In an effort to show bipartisan cooperation in Annapolis, Senate President Mike Miller organized a news conference Thursday morning touting five bills with both Democratic and Republican sponsors.

The Family Farm Protection Act has perhaps the biggest price tag and the strangest bedfellows. It joins Sen. David Brinkley, R-Frederick, and Senate Majority Leader Rob Garagiola, D-Montgomery in support of a bill reducing estate taxes on family farms.
Both men are running for their party nominations in the 6th Congressional District now represented by Rep. Roscoe Bartlett, the 10-term GOP incumbent seeking reelection.

The bill would exempt the first $5 million of farmland that will stay in farming from the state’s 16% estate tax.

The bill, not yet available online, is the same as or similar to House Bill 154 already introduced by Del. Kathy Afzali, R-Frederick. Her bill has 22 co-sponsors, including eight Democrats. Afzali, in the same district as Brinkley, is also running against Bartlett.

“This is a very important first step,” said Brinkley, who lives on a farm.

Garagiola noted that two-thirds of the farms in his northern Montgomery County district are already in farmland preservation. “They’re land rich and cash poor,” Garagiola said. Oftentimes, there’s not enough money to pay the estate taxes without selling the farm to a developer.

Gov. Martin O’Malley supported Afzali’s bill last year, but this year his legislative agenda says he supports a bill to defer estate taxes on family farms. He has yet to introduce the legislation, which has missed the filing deadline.

–Len Lazarick
Len@MarylandReporter.com