Monday, August 31, 2009

Saqib Ali and Nancy King Discuss Progressive Issues, Part Four

Part Four: Underage Drunk Driving and Alcopops.

By Delegate Saqib Ali (D-39).

Drunk driving has got to be one of the most wreckless activities that I can possibly imagine. It is a scourge on our society. Some of my closest friends have been killed by drunk drivers. Our County Executive Ike Leggett was recently injured by one. Unfortunately it is an epidemic in our community. I hear about friends-of-friends getting DUIs all the time. So of course when I got elected to the legislature, I planned to do everything in my power to reduce drunk driving. Especially underage drunk driving.

That's why last year when a pro-alcohol bill came up in Annapolis, I knew immediately that I would oppose it. Senate Bill 745 dealt with restrictions on sales of alcoholic beverages known as "Alco-Pops." Alco-Pops are fruity malt-beverages that are insidiously marketed towards young people.... especially young women. Alco-Pops are especially dangerous because the high alcohol content is masked by fruity flavors and attractive colorings. You've all seen them in liquor stores: drinks like Mike's Hard Lemonade, Smirnoff Ice and Bacardi Breezer. The problem with Alco-Pops is that they are often consumed by underage kids -- kids who sometimes then get into cars and kill themselves or others. Unfortunately kids can too easily get their hands on these drinks since they are sold cheaply and commonly.

In late 2007 Attorney General Doug Gansler issued the common-sense ruling that these drinks were actually distilled spirits, not beer. And thus like all other distilled spirits, they should be taxed at a higher rate and sold only by holders of retail liquor licenses. This ruling would reduce underage drinking by restricting access and increasing prices. But the powerful alcohol industry in Annapolis was not amused. They wanted to keep their pipeline to underage kids going. So they introduced SB 745 that would nullify Gansler's ruling. This bill was widely panned by Mothers Against Drunk Driving and other public safety advocates. There was simply no good reason it should have ever seen the light of day. But it passed over the the objections of a large minority of legislators.

The Washington Post wrote: "Maryland Attorney General Douglas F. Gansler has issued an opinion that, under state law, these drinks are distilled spirits and should be taxed and distributed as such. The action has prompted an end-around by state lawmakers cozy with the beer and liquor industry...Their bill, passed by the Senate yesterday and now before the House, would formally define the drinks as beer, which would keep the drinks teen-friendly. The proposed definition is blatantly dishonest...Ease of access to these sweet but loaded beverages -- which are cutely disguised as cola, lemonade, iced tea or fruit punch -- also depends on how they are classified. Distilled spirits can be sold only by holders of retail liquor licenses. When classified as beer, the alcohol-flavored beverages can be sold by any location holding a beer license -- convenience stores and other spots more likely to be frequented by young people. True, underage consumption of any alcohol is already against the law, and, yes, kids can find older buyers to get any drink. But why increase the ease of access? Maryland lawmakers should reflect on that question before the final vote on this bad bill."

I voted against this bill, of course. There is nothing the alcohol industry could have given me to change my mind. Nancy voted for it. I'm sure she had her well-considered reasons. But it's just another fundamental difference in our legislative records.

8 comments:

Koushik said...

How could King vote for a bill that makes it easier for kids to get their hands on these ridiculous Alco-pops? As an attorney it is mindboggling that the General Assembly would pass a bill to contradict the opinion of the Attorney General -- who is analyzing the law and how it should apply to these flavored alcoholic beverages. Clearly they are targeted to a younger demographic and the General Assembly needs to take steps to counteract that -- not support it. Saqib, thanks for your efforts to block this horrible legislation. Keep up the good work.

--Koushik Bhattacharya

Jud Ashman said...

Saqib, I think highly of both you and Nancy, but I have to say, I'm finding this strategy pretty ill-advised.

My problem isn't with you comparing your respective records in a public forum; that's fair game.

The problem is with the misleading headlines. To announce that Saqib Ali and Nancy King "Discuss"... or "Debate" is completely disingenuous. The "two" of you aren't "discussing" or "debating" anything. If I had to guess, I'd expect this sort of mischaracterization is turning off more potential supporters than it's winning. It's beneath you.

You might call it, "Saqib Ali Compares His Record to Nancy King's" or "Why I'm More Progressive Than Nancy King" or something of the like.

Bottom line: I've seen you in action, Saqib. I see how much you care about issues and about your district, and I know you're better than this. Let's work together to bring the quality of political discourse to a higher level.

- Jud Ashman
judashman@aol.com

Saqib Ali said...

Jud,

I appreciate your point. I'm very happy to change the title to anything different. I chose the title "discussion" (not "debate") before any of these posts were published. At the time, I didn't know that there would be no response! Now that I do, I'm happy to ask Adam to change the title to anything more suitable.


However The title of this article is not really what matters. What matters is the substance of my argument. And on that score, I haven't heard any counterargument at all. I think that is very noteworthy. Don't you?

- Saqib

Adam Pagnucco said...

Delegate Ali, the vote tally for the bill indicates that you changed your vote to oppose it.

If this bill was such a bad idea, why did you originally vote for it?

Saqib Ali said...

Adam, interesting point. You shoulda been there! :)

This bill came up for a vote at approximately 11:47 pm on the night of Sine Die. The House Speaker was racing through the recitation of bills and amendments at a torrid speed. Delegate Bronrott (who was trying very hard to stop this bill stood up in hopes of stopping this bill from passing). He did so first by speaking at length and then by offering an amendment to gut the bill. Remember all Delegate Bronrott had to do was delay it by thirteen minutes. And it would have died!

The Speaker raised Delegate Bronrott's amendment as a voice vote. That amendment failed on a voice vote. But things were so chaotic that many legislators didn't know what was going on. I (like many others) didn't hear the result of the voice vote. Then immediately within an instant, the Speaker brought the bill itself up for a vote. Many of us were confused what the vote was on because it was extremely unclear. In fact, I thought we were voting on the amendment to gut the bill! Other Delegates thought the exact same thing. That is why the large number of vote changes: 8!!

The best thing for you to do is listen to the proceedings yourself and see if you can figure out exactly what was going on at the time. It's very tough. Take a listen yourself by clicking here and selecting the the final House session from 2008. Start listening at 3:41:00. It's very instructive. Even Delegate Bronrott wasn't sure about the process so he asked the Speaker.

I was trying to prevent this change -- weather by amendment or by defeating the bill.

Adam Pagnucco said...

Delegate, if your intention was to kill the bill, why did you vote in favor of suspending the rules and allowing two readings on the bill in one day? Delegate Bronrott voted against it. It appears that your vote on rules helped speed passage of the bill.

Saqib Ali said...

Adam,

I suppose that's a fair question.

On Sine Die, there are tens of bills to pass in a very short amount of time. Many of them are controversial and partisan. Republicans and Democrat sometimes wrangle over these bills by using obscure parliamentary procedures. Some of these bills are even controversial within the Democratic Caucus... such as this Alco-Pop bill.

In the (private) Democratic Caucus meetings, these issues are brought up. As a member of the majority party, we are asked by the Majority Leader to support procedural motions such as suspending rules, etc even if we will vote against the underlying bill. The reason for this is that minority caucus will use all tactics to stall the process in hopes of letting the clock run out... and thus killing all bills behind the current one.

So I agreed to support all procedural motions to allow up-or-down votes in interests of moving along the process. But once we got to the vote on the bill itself, I was eager to kill it.

Melissa Ngaruri said...

FYI to all, this is our letter to the editor at the Gazette. If it isn't in this Weds edition, I would expect it to be in the next edition. Melissa
=========================
Dear Editor,

In response to your article, “Ali’s Call for online debate goes unanswered by King” Wed, August 26, 2009, page A-8, we are troubled by Sen. Nancy King’s blanket refusal to engage in the democratic process in a debate with Del. Saqib Ali, using a modern online forum that appeals to younger, sophisticated voters.

Additionally, Sen. Madaleno’s criticisms represent the generational gap in approaching healthy debate. A complete refusal by our own leaders to engage in dialogue on issues in a public online forum only serves to further disengage voters. We should know our leaders positions on these important issues; these questions should not go unanswered.

Ms. King’s refusal shows her unwillingness to take a position on these issues that matter to many of her constituents who are young professionals like us. We welcome Sen. Nancy King’s participation in this discussion with Del. Saqib Ali, and encourage her to not dismiss any opportunity to engage in any future democratic debate on these important issues.

David and Melissa Kenney