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Email Newsletter of April 3, 2006

Senator Nancy Jacobs: District 34: Cecil and Harford Counties
News Update from Senator Nancy Jacobs
District 34: Harford and Cecil Counties
April 3, 2006

In this Issue...
* The Way I Voted On BGE and Why
* Election Laws That You Need to Know About
* The Take Over of Baltimore City Schools
* Castle Law

This past week reminded me of the first week of session. The democrats are ramming their veto overrides and bills through the senate with party call votes. The senate democrats get what they want while Marylanders get the short end of the stick.

Issues such as Eminent Domain and stem cell research take a back seat; because in their political game the Democrat’s get to blame the Republicans for the mess they’ve made in Annapolis. Whether it is the BGE issue that was championed by Senate President Mike Miller, or the Baltimore City school take over scenario, which has the Democrats screaming bloody politics, when thousands of students lack the necessary skills to receive a high school diploma.

If the democrats start to look bad you can be sure that they will be blaming a republican sometime soon. Stay tuned, because we have just one more week of session and I assure you it will be a memorable one.


The Way I Voted On BGE and Why

The BGE negotiations have been the topic of conversations in households all across Maryland, in the Legislative halls of Annapolis, and of course in the media.

To say that I am taking this situation seriously would be a drastic understatement. Negotiations with Constellation Energy, the parent company of BGE, have been going on throughout this week with some of the details of the meetings being released by members of the General Assembly.

This issue is very complicated. As a representative of the people of District 34 it is my job to listen to the debates and gather all of the information that is available to me, and then make an educated decision on the bills before me.

I am also taking into consideration the business aspect of stopping the merger of two companies while knowing that no state’s General Assembly in the country has ever stopped the merger of a business before. I’m aware that the block of a merger would hurt the business outlook of Constellation Energy as one of Maryland’s Fortune 500 Companies. Even Wall Street has hired a lobbyist to watch the BGE debate here in Annapolis. In essence, they are paying someone just to listen. I am also aware that Moody’s Investors Service has placed BGE under review for possible downgrade. A downgrade in a credit rating would be disastrous for this company. Constellation Energy’s stock has been falling this entire month. It appears that the stock will continue to fall until this situation comes to a conclusion, which will prolong the negative effects on to many mutual funds and stock holdings.

With all this in mind, I voted for HB 1713- Public Service Companies - Mergers, Acquisitions, and Financing.This bill gives the Maryland General Assembly the veto power between the merger of Constellation Energy and Florida Power and Light Company. My hope is that this bill, which passed through the Senate 39-7, will encourage the parties that are in negations to come to an equitable compromise. Then the Governor has to make a decision to sign the bill into law or veto it.

This is certainly not the end of the BGE debate, and I am hopeful the issue will be resolved before we adjourn on April 10. The Following article summarizes why many Republicans voted the way I did.

Republicans Part Ways on BGE


Election Laws That You Need to Know About

This past week has seen partisan politics hit a new level. The Majority party this past Friday sent a clear message to the residents of Maryland; they don’t intend to recognize the minority party or to even include them in debates.

However, this past Friday, the Republican Party fired back. In a bold move, the minority leader announced that the republican caucus was leaving the senate floor in the middle of session. The bill that broke the camel’s back was SB712/HB1368 – Election Law- Voter Bill of Rights. Normally when both the House and Senate have to resolve differences in a bill, they assign a conference committee to meet and iron things out. Three senators and three delegates are chosen to be on the conference committee. Two of the three senators and delegates are usually democrats with the republicans having one senator and one delegate on the conference committee. In an unprecedented move, neither the House nor Senate leaders put a republican on the conference committee. We were not even aware that a conference committee had been formed. Imagine our dismay when the bill was brought to the floor of the senate. There were probably close to ten pages of amendments that changed the entire bill. We asked to special order the bill to allow us time to look it over before voting on it. Once they took a vote to ignore our request, the fourteen republican senators left the floor.

SB712/HB1368 is such a bad bill that would need numerous amendments to make it even a half way decent bill. The republicans offered eight amendments, two of which were my own. Senator Pipkin offered an amendment that would make it a requirement for election judges to ask for identification before voters could cast their ballots. One of my amendments would defer early voting until 2008 because this election is too important to rush in new policies with little or no way of testing the new procedures.

All eight amendments failed by a straight party call vote. Friday was a frustrating day in Annapolis. It reassures my belief that we need must get more republicans elected to office. With more republicans in Annapolis, the democrats will be forced to listen to other opinions beside their own. With election bills like SB712/HB1368, the task of challenging incumbents will be much harder as the potential for voter fraud increases.

The following are several articles that go more in depth on this important issue.

Partisan Politics in Poll Fight

Senate Republicans’ Vote Proposals Fail

GOP Senators Protest Their Exclusion on Voting Bill’s Conference Committee

Voting-by-Mail Plan Meets Criticism


The Take Over of Baltimore City Schools

There’s just never a dull moment here in Annapolis. This past week was no exception. I’m sure by now you have seen the results President Bush’s No Child Left Behind Act has had on our schools in Maryland. Standardized tests, government studies, and stricter adherence to federal curriculum are just some of the characteristics of the implementation of that Act. As per the rules of the Act, there was to be a two-year period of information gathering to assess the needs of each school. No action could be taken on any school until after the two-year period, beginning in 2002.

This issue began to really hit home this week, when the Maryland State Board of Education made a decision to take over some of the failing Baltimore City schools, whose math and reading proficiency ratings have proven to be downright appalling. For example, Southwestern High School’s statistics showed a math proficiency of 1.6% and a reading proficiency of 8.9% among all students last year. These percentages are far below federal education standards. And this is just one school. There are a total of eleven schools that are falling short of the federal standards. According to the No Child Left Behind Act, when a school fails to reach these education standards, the state has the authority to take over the school and employ a third party to administrate.

This is the scenario in Baltimore City. Senate Bill 1215 – Baltimore City Public School System, which passed in both the House and the Senate, would grant a moratorium of one year before a take over could happen. It would also grant more funding to these already failed schools. In essence, we have decided to throw more money at the problem instead of trying to do something about it. I voted against the moratorium and the additional funding to these schools because I believe that they have been given enough chances to improve. The fact is that they are not improving. Other City schools that have been given over to a third party administration in an attempt to improve education standards have done just that. I believe that this is a process that works, and it is obvious from the proficiency statistics from the past few years that granting more funding is not something that works.

As I said, the bill passed, and the state will continue to funnel money into those failed Baltimore City schools. Perhaps someday when Maryland has more of a bipartisan legislature, our decisions will reflect what is in the best interest of the children of Baltimore rather than partisan politics. Until then, we are sentencing the school children of Baltimore City to failure and ignoring the opportunity to give them hope.

Grasmick's Heavy Hand Deserves Applause

U.S. Education Secretary Applauds State Move


Castle Law

There are a few bills dealing with our second amendment right to bear arms. I introduced the "Castle law" which would permit law abiding citizens to use deadly force in a situation where their life was in danger (car hijacking, robbery etc). It seems inconceivable to me that we aren't allowed to protect oursleves without fear of being taken to court and perhaps receive jail time. It appears that the chairman of our Judicial Proceedings Committee is not going to let it come up for a vote.

SB 870 Protections of Person and Property - Immunity

The bill creates a statutory justification for use of deadly force if the person reasonably believes that the use of deadly force is necessary to prevent (1) imminent or serious bodily harm to the person or another; or (2) imminent commission of a forcible felony.

The bill provides that a person who is not engaged in unlawful activity and is in a place where the person has a right to be has no duty to retreat when attacked or threatened with the use of force.

A person who unlawfully and forcibly enters or attempts to enter a person's dwelling or occupied vehicle is statutorily presumed to be doing so with the intent to commit a forcible felony.

The bill also creates a statutory presumption that a person reasonably believed use of deadly force was necessary in self-defense if the attacker against whom the deadly force was used had, or was in the process of (1) unlawfully and forcibly entering a dwelling or occupied vehicle; or (2) removing a third person from a dwelling or occupied vehicle against the third person's will.

Persons justified in using force under this bill are immune from criminal prosecution and civil action. This immunity does not apply if the person knew or reasonably should have known that the person subject to the force was a law enforcement officer acting in an official capacity. If a court finds that a defendant in a civil action is entitled to civil immunity under this bill, the court is required to award reasonable attorney's fees, court costs, compensation for loss of income, and all legal expenses incurred by the defendant.

Senator John Astle put in a bill (SB 907) that would provide protection to existing shooting ranges. It passed the senate by a margin of 34 - 11 and is now in the House Environmental Matters committee. It is scheduled for a hearing on April 6.

News You Can Use

Eminent Domain Reform Unlikely

Senate Passes Pension Plan, Compromise Sought

Senate Blocks Easy Access to Emergency Contraception

***Rascovar: Let's Get Some Facts Straight***
 
 
 


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