PLCY313 - CLASS 4 - 2023 09 25 Notes

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University of Maryland **We aren't endorsed by this school
Course
PLCY 313
Subject
Law
Date
Oct 4, 2023
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10
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PLCY313 Monday, Sep 25 Notes THE COMMITTEE SYSTEM (The Heartbeat of the General Assembly) How it works. Why it works. Does it produce the best "product"? Test is going to be confined to chapters 1 and 3 Note: Class 8 is midterm review (Oct 23), midterm is class 9 (Oct 30) Reading - Chapter 1 & 3 for this class and the next - http://dls.maryland.gov/pubs/prod/RecurRpt/Handbook_Volume_1_MD_Legislators_Handbook.pdf Confirmed Test Questions 1. Most bills take effect Oct 1. It used to be July 1. Recently in the last 5 years, they changed all the enactment dates from July 1 to Oct 1. Why do you think that happened? a. Because they complained it wasn't enough time i. If you change the speed limit and it goes into effect on July 1, it's not enough time for MDOT to change things. Every bill has a cost associated with it b. Argument from the government was give us until october to make these changes 2. Emergency bills must pass by 3/5ths of both houses a. It happens to be the same amount needed for a constitutional amendment which must also pass by 3/5 3. Can you amend a bill on third reader in the house of origin? No Index - Contents of a Bill + First Reading 2-4 - Second Reading 5-7 - Third Reading 8 - Senate Bill 258 9-10 Handout for today: - At the end of this document - Senate Bill 258 - CF HB 633 - Hospital Credentialing - Reappointment Process for Physician Staff - Modification - Example of what a bill looks like 1
Legislative Handbook Series - (72-74)/147 of the pdf - Breakdown of a bill - Our reading is the actual book given to legislators when they get elected Contents of a Bill - Handout Senator Lam, lead sponsor - He takes an idea (could be fully drafted or just an idea) - "I'd like a bill drafted on hospital credentialing" → he might scratch out a few sentences and send that to legislative reference → Bill drafter may call him, ask him what he wants this bill to do, trying to get his legislative intent - What is the intent of this bill he wants to introduce? - For reference, Hospital credentialing... - If you're an MD, you have a license to do anything an MD can do - They can do everything from deliveries to botox to brain surgery, etc. Practice medicine - Highest risk category in terms of exposure to malpractice is OB. - Tough time keeping men and women in obstetrics bc the rates are so high. Highest of all procedures. Why? Any issue with that baby is considered, by most, a problem the doctor issued in. Lawsuits ensue. - If a mistake is made, then that problem exists for a long time - How long is an old man going to live? 15, 20 more years? You'll have to pay for that every year. - Baby may have a lifespan of 80 years. Pay every year the expected life in damages. That's why it's more expensive to be an OB than any other doctor. - Hospital credentialing keeps people safe. - EX. I did residency in psychiatry but now I want to do brain surgery. You're not trained to do that. You're not working in this hospital unless it's psychiatry. Safety valve that keeps people who are otherwise not trained, from doing things to the public. That's what this bill does. - He'll drop the bill in the hopper → just means senate clerk office - House bills are blue, senate bills are white - One possibility: - One thing he can do (but didn't do on this bill) is say "I need some co-sponsors on this bill bc it's going to a committee I'm not familiar with." - Will walk around to his 46 Senate colleagues and ask "do you want to sponsor the bill with me" - Enough people will sign or not. Then drop it in the hopper Gets a number: Senate Bill 258 - Bill number doesn't really mean anything. Simply the number in a linear fashion of when they got the bill into the hopper and it got printed. That's all it means - Exception: sometimes the speaker and the president will save the first couple numbers, maybe the first 10, and tell legislative services (who work for them) "save the first 9 numbers for me, I've got some important legislation." May not be any more important than bill 258 - First couple have political significance only. Doesn't necessarily mean it's going to pass. 2
- The number doesn't really mean anything, there are thousands of bills in teh House and Senate J3 in the top left is just a file number. - Where to find the bill Right side, 3lr584 - Another file number CF HB 633 - Tells you the bill was filed last year as House Bill 633 - That's important. Why did it fail last year Senator Lam is the lead sponsor - There may be dozens of co-sponsors after him - The House could have 80+ co-sponsors. Even if it's a majority, that doesn't mean that the bill's gonna pass - Bc maybe they didn't read the bill when they first signed First introduced Jan 25, 2023 - Where the Bill was assigned - Finance. That's the committee you need to get to to either kill or pass the bill - Professor's case - Divesting md investments in South Africa as part of a worldwide effort to knock out apartheid - An issue of such import and support that it got passed in 3 days - Bill would have to have incredible support for that to happen - Committee report - Favorable, senate adopted - Some bills that go to a committee and end up dying won't have this box - First Reading - First time the bill gets a number, it's the first reading - 3 readings, it must get - Clerk reads once - Chapter Number - Means bill has passed both and senate - Ready to be assigned chapter number as soon as you see on the last page, as soon as the governor. Pres, speaker sign it - And then it'll be law of md, chapter X - TItle of the bill and purpose paragraph follow Body of a Bill Purpose paragraph - We don't have a rider system like on capitol hill - RIder is an attachment - Could be a whole separate bill - Could have a defense bill about new fighter jets and sheep subsidies in MO - That's how it works on Capitol hill - In order to pass defense bill, you gotta take care of Montana and give farmers their sheep subsidies - That's unconstitutional in md bc of the purpose paragraph - → Gives any citizen who can read a general understanding what the bill's about - You can't sneak stuff into the bill and no one will know about it 3
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