Sen. Brian Frosh Highlights Cash Lead for Attorney General // Del. Jon Cardin Talks Obesity, Speed Cameras, Clean Elections

Maryland Juice just received an email blast from State Senator Brian Frosh providing an update on his work in Annapolis, and also highlighting the status of his campaign for 2014 Attorney General. He notes that he has raised much more money than his rivals and that 90% of his $390,000 war chest was raised after President Obama was re-elected last November.

We've also been receiving a steady drumbeat of press releases and issue papers from Delegate Jon Cardin, another candidate for 2014 Attorney General. Below we highlight Cardin's comments on obesity, campaign finance reform, and speed cameras. Cardin and Frosh are currently jockeying to win the 2014 Democratic Primary and also face competition from Delegates Bill Frick and Aisha Braveboy. 

JUICE #1: SEN. BRIAN FROSH'S EMAIL BLAST HIGHLIGHTS FUNDRAISING LEAD FOR 2014 ATTORNEY GENERAL -

Dear Juice,

This is an update on the 2013 regular legislative session of the Maryland General Assembly and my exploration of the race for Attorney General in 2014.

The Senate Judicial Proceedings Committee, which I chair, will be at the forefront of key public policy issues during the current session of the state legislature. A few of these issues are presented below.

Gun Violence:  The recent tragedy in Newtown, Connecticut made it clear that as responsible public officials and as a civil society we must reduce the potential for tragedy as a result of gun violence. As a longtime proponent of sensible gun legislation, I am proud to co-sponsor Governor O’Malley’s comprehensive Firearms Safety Act. In addition, I have introduced several other bills designed to prevent criminals from gaining access to dangerous weapons. These are common-sense measures designed to make our children, families, and communities safer. You can listen to my recent interview on WAMU here.

Death Penalty:  Although executions have been suspended in Maryland since 2006, the law permitting capital punishment remains. This finally may be the year that we see a full repeal in our state. Governor O’Malley has put his weight behind a repeal initiative, along with the NAACP and other advocates for repeal. I strongly support the repeal efforts.  

Pit Bulls:  In April 2012, the Maryland Court of Appeals rendered a decision (Tracey v. Solesky) that left many dog lovers in Maryland upset. The ruling declared pit bulls to be inherently dangerous and made pit bull owners, and their landlords, strictly liable for injuries inflicted by these animals. A recent agreement among key legislators led to the introduction of SB 160 and HB 78. These bills are fair to victims, landlords and pet owners. They set reasonable standards for dog owners and victims in dog bite cases, regardless of the dog’s breed, and make clear that landlords and other third parties are not liable for damages, unless they knew, or should have realized, that the dog was dangerous.

After announcing the formation of an exploratory committee last fall for the 2014 election for Attorney General, I have visited every region of Maryland meeting with citizens, political leaders and groups to discuss the issues confronting our state. At the end of the annual reporting period on January 9, 2013, the Citizens for Brian Frosh Committee reported more than $390,000 cash on hand. This amount is more than twice as much as anyone else currently considering the race. The largest share of these funds—90%—was received in the nine-week period after the re-election of President Obama and before the filing deadline. I’m very grateful for, and very encouraged by, the generous support I have received from my friends and the valuable advice I have received.

I will keep you up to date on the progress of the 2013 legislative session as well as any developments in the 2014 race for Attorney General of Maryland. If you have any thoughts or suggestions, please do not hesitate to get in touch with me. If you would like to join the Brian Frosh for Attorney General Exploratory Committee, or would be willing to help in any way, please visit www.brianfrosh.com.

Many thanks,

Brian

JUICE #2: DEL. JON CARDIN WEIGHS IN ON MULTIPLE ISSUES -

#1 - MARYLAND MUST TAKE A STAND AGAINST THE OBESITY EPIDEMIC

By Delegate Jon S. Cardin

73.4% of males in Maryland are overweight or obese. Healthcare costs have risen by $28.5 billion since 1997. According to the Coalition for a Healthy Maryland, the estimated percentage of overweight or obese males in Maryland came in at a mind blowing 73.4%. The Coalition also told us that since 1997, when obesity was recognized as a major public health problem in America and specifically in Maryland, our total healthcare costs have risen by almost $28.5 billion and are expected to increase another $3.3 billion by 2015.

Further, chronic obesity has been directly linked to conditions such as diabetes, heart disease, stroke, hypertension and certain types of cancer. Each year, these diseases, which are often times preventable, cost the State hundreds of billions of dollars. We cannot simply accept that Maryland will follow much of the rest of the nation into morbid, money draining obesity. I know that we can do better.

Maryland could prevent that $3.3 billion increase in healthcare spending if Marylanders began to make healthier life style choices. Some actions are to quit smoking, exercise regularly, eat a balanced diet and remain stress free. With so many internal and external pressures – ill nutrition, smoking, skipping exercise and engaging in unnecessarily stressful activities become the rule and not the exception.

One option to create healthier lifestyles is to monetarily incentivize healthy lifestyle choices. Given all the pressures to engage in negative lifestyle choices, creating a positive pressure to live healthy lifestyles may be just the intervention Maryland needs. There finally appears to be the critical mass of support necessary to create a pilot “Healthy Maryland” program for State employees, retirees and their families. With 78,000 employees, a Healthy Maryland pilot program could begin to turn the tide on Maryland’s obesity and healthcare spending epidemic.

Last week, I introduced a bill in the Maryland House of Delegates to create just such a pilot program. The one year pilot program is designed to create small monetary incentives for state employees and their families to live healthier life styles.  The idea is that if employees enroll in approved programs that promote exercise and weight loss or smoking cessation, they will save themselves and the state millions of dollars in healthcare each year. Specifically, the State will pay each employee $50 for enrolling and completing qualifying healthy lifestyle programs up to a maximum of $150 per year.

This program is not rocket science. It is already done in Canada, Texas, California and even Gaithersburg. This trailblazing bill makes Maryland’s focus on healthcare interventions pro-active instead of the failed reactive approach. I believe that many individuals who are on the margins can and will make positive lifestyle choices if given the opportunity; all they need is a small boost. This bill offers them that boost. I ask that the Governor, my colleagues in the Legislature and the Secretary of the Department of Health and Mental Hygiene join me in passing this forward thinking legislation.

#2 - CARDIN, COLLEAGUES AND ADVOCACY GROUPS TO HOST CAMPAIGN FINANCE AND ELECTION LAW REFORM RALLY 2/7 @ 11AM

January 31st – Delegates Jon Cardin, Sandy Rosenberg, Elizabeth Bobo and Senators Joanne Benson and Bill Ferguson along with invited guests Common Cause Maryland, Maryland PIRG, Public Citizen, Progressive Maryland, the League of Women Voters and others will host a rally in support of campaign finance and election law reforms on Thursday February 7, 2013 at 11am on Lawyers Mall in Annapolis. The speakers will highlight upcoming legislation that increases transparency in campaign contributions, tempers the influence of large donors by closing the LLC loophole, expands early voting centers and opportunities, allows for same day voter registration in early voting and publicly funds local elections.

In a statement Delegate Cardin said, “I am thrilled to be joined by so many coalition partners and my colleagues from the House and Senate fighting for sunshine in campaign finance and expansion of the franchise to more eligible voters through simple, common sense laws such as same day voter registration and more stringent disclosures for large campaign donations. Ever since the Citizens United ruling, there has been a groundswell of grassroots support for long overdue campaign finance and election law reform. We must keep this momentum going and pass this important legislation immediately!”

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#3 - CARDIN’S INTRODUCTION OF COMPREHENSIVE SPEED CAMERA LEGISLATION IS IMMINENT

January 23rd – Delegate Jon Cardin has crafted comprehensive speed camera legislation that addresses the significant problems in the current system while ensuring that citations are issued for the safety of schoolchildren, construction workers, bicyclists, pedestrians and motorists instead of for monetary gain.

The continued use of the so-called “bounty” or fee per ticket program by Baltimore City and other jurisdictions is unacceptable. Existing law states the practice of bounty programs is illegal but somehow, the counties have skirted the law on multiple occasions. Bounty programs undermine public confidence in the system by incentivizing camera operators to issue more tickets instead of ensuring safety and accuracy. Accordingly, Cardin’s bill closes the loophole jurisdictions have adopted to do an end-run around current State law.

Further, this bill is the only proposed legislation that holds speed camera operators responsible for the flaws in their systems. For every erroneous ticket issued, a $1,000 fine will be assessed to the camera operator. Delegate Cardin said, “I believe that if speed camera operators are going to make millions of dollars on the backs of our citizens, they must be held responsible for the accuracy of their cameras.

I am committed to making sure the program is fair to everyone and that citizens have complete confidence that the goal is safety over revenues. To this end, my proposed legislation requires a 30 day notice period for each new speed camera installation.”  Any violation recorded during this 30 day period will be enforced only as a warning. Finally, this bill creates a verifiable, two time stamped photo system that accurately demonstrates if driver was speeding, so that the driver can fairly and effectively challenge any erroneous violations in court.

Of the many speed camera bills being introduced this session, this bill is the most comprehensive and that it goes to the core of the significant problems in statewide speed camera programs.  My hope is that everyone in Baltimore and around the State will feel comfortable that they are being treated fairly and equally on the roadways.

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 More on the 2014 Attorney General Race soon!

MoCo JuiceBlender: County Officials Push Gun Control, Robin Ficker Defeats MoCo Speed Camera, Towson's Bethesda Crush?

UPDATE: County Exec Ike Leggett's office has provided a clarification about the impact of Robin Ficker's court victory over a MoCo speed camera. They note that the Judge's decision in the case "does not establish a precedent that will be binding in other cases presented in court, and the decision in this case does not require a modification of Department policy.  The Department will not be reviewing other cases in which citations were issued by this speed camera."

On another note, gun control activists have created a new organization in Maryland called, Marylanders Against Gun Violence. Their mission states, "MDAGV is a grassroots organization advocating for sensible gun control legislation in the Maryland General Assembly and in Congress." You can find them on Facebook for more information. Additionally, given the surge in interest in gun control from Montgomery County residents, you can watch Ike Leggett discuss Maryland's gun control efforts in a recent News Channel 8 interview:

JUICE #1: MONTGOMERY COUNTY OFFICIALS PUSHING FOR GUN CONTROL IN MARYLAND - With the recent surge in support for gun control measures, Montgomery County politicians are moving quickly to take advantage of the moment. The latest email newsletter from MoCo Council President Nancy Navarro announced a few efforts from MoCo officials relating to gun control efforts (excerpt below):

Council works with Board of Education to accelerate placing new security measures in all county schools: Four years ago, the Council provided funding for MCPS to install access control systems, camera systems, and visitor management systems in County schools.... On Monday, January 7th, Council Education Committee Chair Valerie Ervin and myself sent a letter to Board of Education President Chris Barclay asking MCPS to speed up implementation of new these security measures at schools across the county. The next day, the Board of Education voted to act on our recommendation, and requested that we release about $365,000 earlier than planned so that they can finish installing these systems by the end of the school year....

Message to state and federal lawmakers: we need better gun control laws: On Tuesday, January 22nd, the Council passed a resolution to send a clear message to our representatives in the state legislature and in Congress that Montgomery County wants action on gun control. The resolution calls for the Governor and state legislature to consider and implement the recently released recommendations of the Maryland Task Force to Study Access of Individuals with Mental Illness to Regulated Firearms, and for state and federal officials to take a number of other common sense steps to reduce the number of dangerous guns in the hands of criminals or mentally ill individuals who may harm themselves or others....

ATTORNEY GENERAL 2014: Sen. Brian Frosh & Del. Jon Cardin Speak Out on MD Death Penalty // PLUS: Speed Camera Tango

Many issues of interest to a potential Attorney General are already being hotly debated at the start of the 2013 legislative session. Most observers, for example, can sense that gun control and the death penalty will be among the more emotional issues discussed by Annapolis lawmakers this year. But with only two more legislative sessions and a scant 18 months until the June 2014 Democratic Primary for Attorney General, would-be candidates are beginning to jockey on the issues. Below Maryland Juice highlights comments from two Democrats who are actively and publicly exploring bids for the AG office: State Senator Brian Frosh and Delegate Jon Cardin

O'MALLEY CONFIRMS DEATH PENALTY REPEAL IS WITHIN TWO VOTES: Governor Martin O'Malley confirmed to the Daily Record today that death penalty opponents are within two votes of securing enough support for repeal in the State Senate (excerpt below):

DAILY RECORD: Gov. Martin O’Malley says he’s confident the state Senate is within two votes of supporting a repeal of capital punishment in Maryland.

Meanwhile, national groups, such as Color of Change (an African American grassroots action group)  are now getting involved in the issue and sending out action alerts. Given the sudden legislative movement for death penalty repeal, Maryland Juice decided to conduct quick email interviews with both Cardin and Frosh. The death penalty is an interesting topic to help voters understand candidates, since the practice is intertwined with Maryland's law enforcement officials. Accordingly, we asked both interviewees for the Attorney General job whether they would be supporting death penalty repeal, and how they saw the role of the AG's office with respect to state executions. See their responses below:

MARYLAND JUICE EMAIL INTERVIEWS WITH

2014 ATTORNEY GENERAL CANDIDATES:

SEN. BRIAN FROSH   &  DEL. JON CARDIN

MARYLAND JUICE:  Can you please tell readers whether you are supporting death penalty repeal in 2013? What do you think the AG's role is/should be on this issue?

SEN. BRIAN FROSH: I support repeal of the death penalty, as I have for many years.  I will, again, be a cosponsor of the bill. The office of the Attorney General is a bully pulpit from which past Attorneys General, like Joe Curran, have advocated repeal.  But it is up to the General Assembly to make policy.  I hope that repeal can be accomplished before the 2014 election and that the issue will be academic after that.

DEL. JON CARDIN: I have supported abolishing the death penalty in Maryland in the past. In short, it bankrupts our judicial system, disproportionately affects African Americans, and does little to deter crime. While I acknowledge the moral argument for retribution, I believe government has a higher duty to fairness and equal protection under the law for all citizens.

Nevertheless, the Attorney General takes an oath to uphold the laws of the state of Maryland. Furthermore, the Attorney General is responsible for prosecuting all death penalty appeals, so as long as the death penalty is on the books, as the Attorney General, I would execute the office to the best of my ability and vigorously prosecute all death penalty appeals. Interestingly, in upholding the law, the Attorney General should use all its resources to keep Marylanders safe, and protected. Therefore, from policy, fiscal and pragmatic perspectives, the death penalty may detract from that goal.

The Attorney General is responsible for advising the General Assembly and the Governor on the best course of action regarding all legal matters. As the chief legal officer of the state, the Attorney General has a vested interest in a policy that is cost-effective and has the greatest chance of protecting every person in the state. Abolishing the death penalty frees up millions of taxpayer dollars to devote to better transparency, fairness and protection from threats of all kinds, including violent crime.

CARDIN & FROSH TANGO ON HOT-BUTTON ISSUES // SPEED CAMERAS ON THEIR RADAR: It appears that both Senator Frosh and Delegate Cardin agree that Maryland should repeal the death penalty this year. But that's not the only issue they agree on. Maryland Juice just noticed that both Frosh and Cardin are promoting laws to reign in abuses by speed camera manufacturers. State and local governments have been ramping up photo tickets during the recession, and numerous Marylanders have become irate at persistent news coverage indicating that camera manufacturers are reaping massive windfalls from false or erroroneous tickets. Check out the pair of dueling press reports below from WJLA and CBS News:

WJLA: A portion of each $40 speed camera ticket goes back to the vendor. It varies from jurisdiction to jurisdiction, but the distribution can be as much as 40 percent.... Driver Kim Naylor said, "I think it's a kickback. I think it's not good...and they shouldn't do it. That's how I feel about it." In fact, Maryland State Senator Brian Frosh says lawmakers never wanted the camera companies to get a per ticket bounty. But somehow cities are using a supposed loophole, and Frosh wants it to stop....

Ij response to the issue, Frosh is trying to prohibit speed camera manufacturers from receiving a commission for every ticket they issue a driver. Not to be outdone, here comes Delegate Jon Cardin on the same issue, but his proposal is to issue fines to camera manufacturers who issue erroneous tickets:

CBS NEWS: A state lawmaker proposes punishing speed camera companies for the giving out of bogus tickets after reports of camera glitches at a handful of Baltimore City cameras.

In response to complaints about speed camera accuracy, [Del. Jon Cardin] proposes each county be required to audit their speed camera system for errors, holding contractors accountable. He says each inaccurate ticket should result in a $1,000 fine.

Maryland Juice will try and keep tabs on other issue developments in the 2014 Attorney General Race. But up next, we will soon be releasing commentary from the field of candidates for 2014 Governor about the death penalty. More soon!

WARNING: Beltway Speed Cameras Begin Ticketing TODAY // Why That Stinks

UPDATE: We just noticed that it appears College Park is (not so ironically) using its speed camera revenues to install surveillance cameras in the city! At least we know our officials are clever -- they can leverage one "big brother" project for another. Will College Park end up like London?

Editor's Note: Former Del. Saqib Ali writes in the comments, "I introduced a bill entitled the 'Speed Camera Fairness Act' a few years ago that would remove the conflict of interest that I considered inherent in Montgomery County Police Department's contract. However, the bill garnered very little traction." I notice that the bill's Senate Sponsor, Mike Lenett, is also no longer in office. Hopefully, that doesn't end the chances for accountability with our speed camera practices.

WARNING TO AREA DRIVERS: Starting today, Maryland will begin photo enforcement on the Beltway. Fox 5 reported yesterday (the last day warning tickets were being issued):

We found one of the mobile, car-mounted cameras on the outer loop near New Hampshire Avenue flashing away on this last day drivers are getting just warnings - not the 40 dollar fine.

The new beltway speed cameras are only in construction zones. One is where a bridge deck rebuilding project has started over the Northwest Branch of the Anacostia River. The second beltway construction zone is a five mile repaving project on the inner loop through Prince George's county.