This document provides a summary and analysis of Senate Bill 993 (the Americans with Disabilities Act) and Maryland House Bill 881 (regarding medical marijuana). It discusses how each bill went through the legislative process, from agenda setting and formulation of policy to final passage and implementation. Key events included disability rights advocates demonstrating at the Capitol to raise awareness of discrimination issues and push the ADA forward. The ADA faced challenges around concerns over costs and vague language but ultimately passed with bipartisan support. Maryland's medical marijuana law also made progress through the legislature, establishing a commission to regulate the program and provide access for patients.

1. 1
“Research and Analysis of the Legislative Process of Federal Senate Bill 993, and Maryland
House of Delegates Bill 881.”
Robert Neuman
April 13th, 2015
GVPP: 345.101

2. 2
Introduction:
President Bush signed Senate Bill 993, in 1990, thus creating Public Law 101-336. The journey
of S. 993, which was, a continuation of the “Civil Rights” movement, a generation earlier. The
American Disabilities Act, offered civil rights protections, to a vast majority of individuals who,
up until then, had little protection against discrimination. The 2014 Maryland legislative session,
passed a measure, closing some the gap, between the legalization of medical marijuana in
Maryland, House Bill 881. Which offered those who suffered, from chronic and painful
debilitating illness, who used marijuana for pain management, a defense against prosecution, if
certain conditions were met. These two legislative policy changes, which my research will
investigate, offering how each bill, made it, to their respective agenda’s. The factors which,
moved the bills, to be created, and their progression, during the legislative process. How the
legislation developed, through committees and compromise. The paper will begin discussing S.
993, and later Maryland HB.881.
In an attempt to comprehend, how society viewed individuals, with disabilities, we need
to understand, how few rights and protections, were offered, to those who lived with a disability
prior to S. 993. As the Civil Rights Movement of the 1960’s, opened the door to other groups,
who were discriminated against; most notably the “Women’s Rights Movement” and the
“Disability Rights Movement.” Although legislation, which offered protection to minorities
during the 1960’s, individuals with disabilities were not covered. It was not until the 1973
passage of the “Rehabilitation Act, HR.8070” under sections 501, 503, and 504, which offered
protections, “reasonable accommodations, “providing opportunities in education, and
employment to adults, and children with disabilities. The Rehabilitation Act, connected federal

3. 3
dollars, and contracts, to enforce the conditions within the new law. Contractors who, did
business with the federal government, had to follow the new regulations. Schools, which
received federal funding also had to make reasonable accommodations, or risk losing funding.
After President Nixon signed the “Rehabilitation Act,” it would take another 17 years to move
the needle far enough, to once more address “disability rights.”
In her 1992 movement perspective piece” History of the Americans with Disabilities Act”
Arlene Mayerson wrote: The history of the Americans with Disabilities Act did not begin, when
President Bush, on July 26th 1990, signed the bill, into law.1 “The ADA owes its birthright not to
any one person, or any few, but to the many thousands of people who make up the disability
rights movement – people who have worked for years organizing and attending protests, licking
envelopes, sending out alerts, drafting legislation, speaking, testifying, negotiating, lobbying,
filing lawsuits, being arrested – doing whatever they could for a cause they believed in. There
are far too many people whose commitment and hard work contributed to the passage of this
historic piece of disability civil rights legislation to be able to give appropriate credit by name.
Without the work of so many – without the disability rights movement – there would be no ADA”
(Mayerson-1992).
Agenda Setting:
The fact demonstrators, crawled up the Capitol steps, leaving their wheelchairs behind,
was captured by the national media, and rebroadcasted on the evening news, during House
negotiations, and debate over the proposed bill, placed the issue on the living rooms of ever
American in the country. The agenda, began a few years earlier in 1984, when Congress issued a
1 The History of the Americans with Disabilities Act,Mayerson, 1992

4. 4
directive to the National Council on the Handicapped ( now the National Council on
Disabilities), to review all federal programs relating to disability and offer recommendations to
improve and promote the independence of persons with disabilities and minimize the dependence
on governmental programs. The NCD in response, issued the report “Toward Independence,” it
was the first all-encompassing, report systematically recording all of the information, gathered
from states and localities. In the process the NCD recommended Congress to pass a
comprehensive, equal opportunity law for persons with disabilities. The NCD drafted their own
bill, and reached out to Senator: Lowell P. Weicker Jr. (R-CT) whose own son, suffered from
“downs syndrome “and Congressman Tony Coelho (D-CA), who suffered from “epilepsy”. After
incorporating recommendations offered by other Representatives and members of the disabilities
community, both Weicker and Coelho introduced the ADA to both the House and Senate on
April 28 and April 29, 1988.2 This was the beginning of the ADA, it was born out of Congress’s
desire to reduce the cost of programs offering assistance to individuals with disabilities. The
Proposed NCD Legislation was introduced, with the understanding it had little chance of passing
in 1988. It presented an opportunity to various groups to join together and advocate for the bill.
A national coalition was built, and they were going to use the Presidential election as a way to
move the ADA forward.
George Bush, a presidential candidate in 1988, used disability rights as part of his
platform, and later pushed for the passage of the ADA bill. After Senator Weicker, lost his re-
election bid, Senator Tom Harkin (D-IA) who was the chairman of the Subcommittee on the
Handicapped, was moved to become the ADA Senate sponsor. He along with Senator Edward
M. Kennedy (D-MA), worked with a variety of advocates, and rewrote the ADA into a piece of
2 Equality of Opportunity: NCD, birth of the ADA, 1997

5. 5
legislation that stood a chance at passing the Senate. Senator Harkins also worked with
Representative Coelho and on May 9th, 1989 introduced into the Bill House, but debating the
merits of the bill would take place in the Senate.
Policy Formulation:
All the effort to get a bill, the size and magnitude of the ADA, was going to face
challenges, and hurdles before it could possibly become a law. As the Hearings had begun in the
100th Congress, The overwhelming sentiment of the witnesses, was individuals with disabilities,
were unfairly treated, but that fact alone would not guarantee passage of the ADA bill. The 100th
Congress adjourned, before the ADA bill could move any further during this session. A newly
crafted ADA was introduced into the House and Senate during the 101st Congress. It was once
more introduced and moved to “Committee,” although everyone could agree this was needed,
many viewed it as a bill that would be cost prohibitive (how were the ADA provisions going to
get paid for?) and the litigation it would cause, due to the new provisions in the ADA. There
were terms that were deemed too vague: “reasonable accommodations” and “undue hardship”
are two that were debated.
Bill S.991 was introduced on May 9th, 1989, entered the Committee on Labor and
Human Resources on August 30th, 1989, reported by Senator Kennedy. There was a total of 14
major actions, 22 proposed Senatorial Amendments, with Senator Orrin Hatch (R-UT) creating 5
of the 22 amendments. Senator Tom Harkin (D-IA) also created 5 amendments. Out of the 22
proposals, 15 were agreed to on the Senate floor with a “yeah or nay” vote, the remaining 4
amendments had a formal vote. Bill S.991 was a bipartisan piece of legislation, with 63
Senatorial Co-Sponsors. A total of 43 democratic Senators, 18 republican Senators, and 2
independent Senators. There were 3 major votes bill S.991 July 13th, 1990 to resolve

6. 6
differences: (91 Y, 6 N, and 3 NV) the six no votes were all republican Senators. The second
vote was on July 12th, 1990 to agree on the Conference Report, and last was passage of the Bill
by the Senate on August 7th, 1989 (76 Y, 8 N, and 16 NV). During the debates in the Senate, on
how the ADA was going to be implemented, The House of Representatives, was undergoing
similar deliberations over the merits of creating, what in fact, was a civil rights bill for those who
were disabled. Representative Steny Hoyer (D-MD) was instrumental in moving the ADA bill
through, the House of Representatives. Again the debate in the House, was over the vagueness of
the wording, and how businesses would cover the costs of implementation.3 Unlike other civil
rights legislation, this was going to cost vast amounts of money to adapt and correct structural
details in existing buildings, across America, this was going to take time. Although, everyone
could agree it was a sound piece of legislation, passage through the House was arduous, and time
consuming.
House Compromise:
The ADA, as it maneuvered through the House, was sent to four Committees and six
Subcommittees. In contrast to the Senate Bill, and its rapid movement. The House deliberations,
were problematic, and fraught with vigorous lobbying efforts and partisan politics. There was
two proposed amendments, one by Congressman Jim Chapman (D-TX), which would allow
employers to remove persons with contagious diseases, such as HIV, or AIDS, from food
handling positions. This amendment was struck down, as a compromise was introduced to the
Bill, on that provision, by Senator Orrin Hatch (R-UT), later referred to as the Hatch amendment.
It proposed, the Department of Health and Human Services would compile an annual list of
3 www.usccr.gov

7. 7
diseases of communicable and contagious that were transmitted through food handling. The
House Bill passed with over 95% support.
Passage of the Americans with Disabilities Act:
The White House Administration, and the Senate, negotiated concessions, in the
Conference report, which would allow the measure to pass both the House and Senate. On July
26th on the South lawn of the White House President Bush signed the Americans with
Disabilities Act, creating Public Law 101-336. In his remarks President Bush called it an
“historic act, as it was the world’s first declaration of equality for people with disabilities. Its
passage has made the United States the international leader on this human rights issue”-
President Bush, 1990.4
Implementation:
The Americans with Disabilities Act is comprised of five distinct area: employment,
public entities (including public transportation), public accommodations (including commercial
facilities), Telecommunications, and part five offers miscellaneous provisions. Employers could
no longer discriminate against a qualified individual with a disability. This applies to hiring,
advancement, and discharge of employees, job training and other areas of employment. Covering
entities with 15 or more employees. Also employers must make “reasonable accommodations” in
order for an individual with a disability to perform their duties. All public entities cannot
discriminate, meaning all schools, local governments, municipalities and state agencies must
make reasonable accommodations, and it covers all programs and services, including all forms of
transportation. Buildings and businesses, could no longer discriminate, on the basis of disability,
4 www.eeoc.gov

8. 8
in regards to full and equal enjoyment of goods, services, facilities, or accommodations of any
place of public accommodation. All telecommunications must not discriminate due to disability,
all U.S. companies must make equipment accessible to those who are deaf, hard of hearing, or
have a speech impairment. The last section makes sure the ADA, will supersedes any provision
in the 1973 Rehabilitation Act Section 504, and includes protections against retaliation or
coercion, in an attempt to restrict an individual’s rights under the ADA.
Maryland Legislature, House Bill 881:
During the 2014 Maryland Legislative session, House Bill 881, was passed. It continued
to define the duties and responsibilities of the newly created Natalie M. LaPrade Medical
Marijuana Commission, including approval of certifying physicians, continued research on
issues and disseminating information relating to the medical use of marijuana. Increased the
number of licensed growers to 15, the process to establish dispensaries, and specifies the
methods a qualifying patient may obtain medical marijuana. It included provisions related to
issuing identification cards for patients and their caregivers. The bill authorizes the commission
to set reasonable fees to cover operating cost and distributes any fees collected by the
commission to the existing Natalie M. LaPrade Medical Marijuana Commission Fund. The bill
took effect June 1, 2014.
Agenda Setting:
Governor Martin O’Malley signed House Bill 1101, during the 2013 Maryland General
Assembly. It created the Natalie M. LaPrade Medical Marijuana Commission. The Commission
was directed to craft guidelines to cover (1) develop requests for applications for academic
medical centers to operate programs within the state; (2) approve or deny original program

9. 9
applications; (3) monitor and oversee programs for operation. Delegate Cheryl D. Glenn, (D-
District 45, Baltimore City) has been influential in placing medical marijuana on the political
agenda. The Natalie M. LaPrade Medical Marijuana Commission, named after the mother of
Delegate Glenn, who suffered from kidney cancer. Delegate Glenn has pushed for legislation to
create medical marijuana laws in Maryland, because of her believe that it would have helped her
mother, with her pain and suffering in the final months of her life.
After the creation of the Maryland Medical Marijuana Commission MMMC, in 2013,
Maryland has taken the slow and steady path in crafting the states policy. Currently there is 23
states and the District of Columbia, which have passed Medical Marijuana legislation, with
varying results. The mounting evidence, of the benefits of marijuana, in certain patients,
suffering from a growing list of illnesses. 5 The policy debate is firmly entrenched in the political
agenda of Maryland and the remaining states, throughout America.
Policy Formulation:
After Maryland House Bill 1101 was signed, and created, the MMMC, it was just the first
step in fashioning Maryland’s Medical Marijuana policy. House Bill 881, set up the internal
structures to implement the duties, responsibilities and the mechanisms to operate the
Commission. First read into Health and Government Operations February 5th, 2014, with 73 co-
sponsors in the House, with Delegate Glenn, leading the way. House Bill 881 received a
favorable report from the Health and Government Operations on March 15th, 2014 with
amendments. The third reading of HB 881, passed 126-10, moving to the Senate. On March
18th, 2014 HB 881 had its first reading in Judicial Proceedings, and was given a favorable report
5 www.drugabuse.gov, 2015

10. 10
with amendments on April 1st, 2014. By the time HB 881 had its third reading in the Senate, the
measure passed 45-1, but the House refused to concur on the amendments the Senate passed. HB
881 was sent to Conference Committee’s and finally passed in the House 125-11 and 44-2 in the
Maryland Senate, on April 7th, 2014 and sent to Governor O’Malley on April 14, 2014.
Implementation:
With the passage of House Bill 881, the Natalie LaPrade Medical Marijuana Commission
was given a set of directives to continue to create regulations and procedures to operate the state
run MMC. Specifically, writing the definitions, general regulations, certifying physicians,
creating patient and caregiver registry, creation of patient identification cards, creation of
growers licenses, and controls over locations. Progress toward a program that works and is open
for business has been slow. The MMC, has finally drafted proposed regulations, as of April 22,
2014, and are awaiting approval. Once approved, patients could begin receiving medical
marijuana within a year, from one of the 15 dispensaries around the state of Maryland. Governor
Hogan, signed House Bill 490, which, provided continued funding to the MMC.
Conclusion:
Both of these measures offered a turning point, in American, and Maryland policy
making. My interests in S.993 and HB.881, was due to the fact I am disabled, and directly
benefitted from the Americans with Disabilities Act, and HB.8070. I was seven when the
“Rehabilitation Act” passed, and went from throwing bean bags in a coffee can, to being
included in activities with other children in my class. The protections of the ADA, are often
accused of being restrictive, and abused, but millions of Americans have benefited from the
creation of the ADA. Maryland, soon will provide medical marijuana to patients who suffer from

11. 11
debilitating illness and pain. HB.881 moved the development of the Natalie LaParda Medical
Marijuana Commission from creation, to reality, providing the legal tools provide the structure
of a newly created commission. My paper’s intent was not to debate the merits of medical
marijuana, only to point out the process is moving forward, by 2017 patients will be able to use a
plant for pain management.

12. 12
Bibliography:
Eaton, William. "Disabled Persons Rally, Crawl up Capitol Steps: Congress: Scores Protest
Delays in Passage of Rights Legislation. The Logjam in the House Is Expected to Break
Soon." Los Angeles Times. Los Angeles Times, 13 Mar. 1990. Web. 22 Apr. 2015.
Equality of Opportunity: The Making of the Americans with Disabilities Act."Www.ncd.gov.
National Council on Disability, 26 July 1997. Web. 22 Apr. 2016.
"General Assembly." GAM-HB0490 Summary 2015 Regular Session. N.p., n.d. Web. 26 Apr.
2015.
"General Assembly." GAM-HB0881 Summary 2014 Regular Session. N.p., n.d. Web. 26 Apr.
2015.
"General Assembly." GAM-SB0923 Summary 2014 Regular Session. N.p., n.d. Web. 26 Apr.
2015
H.R.8070 - An Act to Replace the Vocational Rehabilitation Act, to Extend and Revise the
Authorization of Grants to States for Vocational Rehabilitation Services, with Special Emphasis
on Services to Those with the Most Severe Handicaps, to Expand Special Federal
Responsibilities and Research and Training Programs with Respect to Handicapped Individuals,
to Establish Special Responsibilities in the Secretary of Health, Education, and Welfare for
Coordination of All Programs with Respect to Handicapped Individuals within the Department
of Health, Education, and Welfare, and for Other Purposes.93rd Congress (1973-
1974)." H.R.8070. N.p., n.d. Web. 26 Apr. 2015.

13. 13
Kelvey, Jon. "Medical Marijuana Could Be Growing in 6 Months in
Maryland."Carrollcountytimes.com. George Mather, 20 Apr. 2015. Web. 26 Apr. 2015.
Mayerson, Arlene. "The History of Americans with Disabilities Act." Disability Rights
Education & Defense Fund. DREDF, 1992. Web. 22 Apr. 2015.
"MMC Home." MMC Home. Maryland.gov, n.d. Web. 26 Apr. 2015.
National Institute on Drug Abuse. Is Marijuana Medicine? Retrieved from
http://www.drugabuse.gov/publications/drugfacts/marijuana-medicine on April 26, 2015
"S.933 - Americans with Disabilities Act of 1990101st Congress (1989-1990)."S.933. N.p., n.d.
Web. 26 Apr. 2015.
"23 Legal Medical Marijuana States and DC - Medical Marijuana - ProCon.org." ProConorg
Headlines. N.p., 1 Jan. 2015. Web. 26 Apr. 2015.