In March 2018, Bailey declared his candidacy for Maryland Senate, seeking a primary challenge to senator Stephen Waugh,[4] who was a target of GovernorLarry Hogan for voting with Senate President Thomas V. "Mike" Miller one too many times.[5] During the primary, Hogan endorsed and financed Bailey's campaign.[6][7] He defeated Waugh in the primary by nearly 800 votes.[5] He defeated Democratic challenger Thomas Brewer in the general election with 60.2 percent of the vote.[8]
Member, Joint Committee on Ending Homelessness, 2019–present
Member, Education, Health and Environmental Affairs Committee, 2019–2020 (education subcommittee, 2019–present; alcohol subcommittee, 2020–present)
Other memberships
Member, Maryland Veterans Caucus, 2019–present
Political positions
Drugs
Bailey introduced legislation in the 2019 legislative session that would charge fentanyl dealers with second-degree murder if fentanyl was a contributing cause of someone's death.[10] The bill was rejected by the Senate Judiciary Committee by a vote of 4-7.[11]
Bailey introduced legislation in the 2021 legislative session that would ban the possession of tobacco products by minors on school property. The bill failed due to concerns about a fine it would impose as a civil penalty. He reintroduced the bill during the 2022 legislative session without a fine.[12]
Education
During his 2018 state senate campaign, Bailey called the Safe to Learn Act — legislation that includes $40 million in school safety funding — a "step in the right location. But that was a small step," adding that local and state government and law enforcement "do 75 percent of what that bill says already."[13]
During a debate on an education reform bill introduced in the 2019 legislative session, Bailey introduced an amendment that would update the bill to include the state's most recent calculation of schools with more than 80 percent of students receiving free or reduced-price meals. The amendment was rejected by a vote of 18-27, but Senate President Bill Ferguson publicly committed to working with Bailey to ask Governor Hogan to process a budget amendment for the additional funding without cutting elsewhere.[14]
During the 2020 legislative session, Bailey voted against a multi-billion-dollar education reform bill,[15][16] calling it "ill-planned".[17] He also introduced legislation that would exempt substitute teachers from receiving paid sick leave.[18]
Bailey opposed legislation introduced in the 2022 legislative session that would break up the College of Southern Maryland and use the college's La Plata campus to create a new Charles County Community College.[19]
Environment
During the 2019 legislative session, Bailey voted against legislation that would ban styrofoam food containers in restaurants.[20][21]
During a debate on the Climate Solutions Now Act of 2021, Bailey introduced an amendment to the bill that would exempt paratransit from needing to be electrified. It was adopted as a friendly amendment.[23]
Guns
During his 2018 state senate campaign, Bailey said that he was opposed to the creation of a publicly available gun registry, saying that people who want to get guns could potentially abuse the information.[24] He also said that he would have voted against Maryland's red flag law and bump stock ban.[9]
During a debate on legislation that would prevent people from carrying a gun in or near a polling place, Bailey introduced an amendment that would exempt law enforcement officers, off-duty officers, or retired officers from the bill's provisions. The amendment failed on a 17-29 vote.[25]
Immigration
During his 2018 state senate campaign, Bailey said that he is opposed to allowing Maryland to be a sanctuary state.[24]
Policing
Bailey co-sponsored legislation during the 2020 legislative session that would strengthen punishment for crimes against minors.[26]
During the 2021 legislative session, Bailey protested legislation that would repeal the Law Enforcement Officers' Bill of Rights in Maryland.[27] He also voted against legislation that would create criminal penalties for police officers who intentionally use excessive force, fail to intervene to stop colleagues, or refuse to aid someone wounded by police.[28] He introduced legislation that would incorporate law enforcement officers and first responders into Maryland hate crime laws.[29]
Bailey introduced legislation during the 2019 legislative session that would allow people in St. Mary's County to hunt any game bird or game mammal on Sundays during open season.[31] The bill passed and was signed into law by Governor Hogan on April 30, 2019.[32]
Bailey co-sponsored legislation introduced during the 2020 legislative session that would make helmets optional for motorcyclists and their passengers if the motorcycle operator is 21 or older.[33] The bill was rejected by the Senate Judiciary Committee by a vote of 5-6.[34]
Taxes
During the 2021 legislative session, Bailey voted to sustain a gubernatorial veto on a bill that would levy a tax on digital advertising on large tech companies, pointing out that residents could easily go to states neighboring Maryland to avoid paying the state's taxes.[35]
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