A carefully choreographed strategy to raise state income taxes to stave off so-called doomsday budget cuts faces a challenge in the General Assembly after several Democrats defied party leaders with a proposal to raise the sales tax instead.
The brewing discontent within the Montgomery County House delegation stems from a belief that the governor's plan relies too heavily on their wealthy constituents. And though it faces little chance of passage, the proposal reveals a geographic fissure within the ruling Democratic caucus while underscoring the difficulty of forging consensus on a tax increase.
Gov. Martin O'Malley called the special session to give the Assembly a second chance to pass two measures that died on the last night of the session last month: a bill to raise income taxes on the top 14 percent of Maryland earners and another to shift part of the costs of teacher pensions to the counties.
The Senate took up the task with brisk efficiency, holding a lightning-fast committee hearing on the bills before sending them to the Senate floor, where a flurry of Republican amendments were debated and soundly rejected Monday night. Both bills received preliminary approval; they will come up for a final Senate vote Tuesday.
Monday's test votes indicate that Senate President Thomas V. Mike Miller is likely to hold his Democratic caucus to the deal he crafted with House Speaker Michael E. Busch and O'Malley over the past several weeks.
But in a sign that the raw feelings left over from the way the regular session ended have not been completely soothed, Miller proposed a new rule that would require lawmakers to focus only on the budget if a spending plan was not adopted by the 82nd day of each regular 90-day session.
He said it was "just a proposal" that members should "digest."
"The last day of session should have never happened," Miller said.
It is on the House side where the leadership plan, which essentially preserves the deal that was struck but never ratified by the two chambers on the final night of the regular session, appeared likely to run into some turbulence.
In addition to solid Republican opposition, the plan also faces resistance from some Democrats who are unhappy with what they consider the paltry amount of money it will raise and what they see as its overreliance on the dollars of wealthy Montgomery residents.
Montgomery County taxpayers would contribute 40 percent of the $154 million in new state revenue, according to a legislative analysis. By comparison, Baltimore City residents would contribute only about 4.2 percent.
"I don't like the income tax plan. I don't think it's fair to the taxpayers," said Del. Charles Barkley, one of the Montgomery County Democrats supporting a sales tax solution.
Barkley said he is leaning toward introducing a floor amendment that would substitute a sales tax increase of 1 cent on each dollar, offset for lower-income Marylanders with an increase in a tax credit that benefits them. The plan would push the state's sales tax rate to 7 cents on the dollar.
Backers say the scheme would raise from $700 million to $750 million, more than twice the $264 million in the leadership plan. They say they would devote $300 million of the money to mass transit, a move that could free up other transportation funds for roads, and use the rest to avoid the doomsday cuts and close the long-term gap between the state's spending and revenue trends known as the structural deficit.
The plan appears to have little chance of passage.
Republican delegates are no more attracted to the idea of a sales tax increase than they are to the income tax plan on the table. And the sales tax idea seemed to be gaining little traction in other large Democratic House delegations. Lawmakers from Baltimore and Prince George's counties, the other two large all-Democratic delegations, appeared to be standing firmly behind Busch.
Nor was the measure garnering much interest in the Senate.
But the sales tax amendment could become significant if enough members take the position that it is the only revenue measure they will support.