Was 1991 the "Do Nothing" session of the Maryland General Assembly?
Some critics say the 90-day session that ended at midnight can be characterized more by what the legislature killed than by what it passed. Skittish about taxes and worried about discontented constituents, lawmakers panned many of the major issues before them, including bills that would have imposed growth controls statewide, restructured the state tax system and raised gasoline taxes.
Legislative leaders, however, say they racked up some notable achievements. They approved an abortion rights law, campaign finance reforms, a tree preservation measure and a bill designed to keep more government meetings open to the public.
The early enactment of a law guaranteeing women's right to an abortion proved to be a particular accomplishment for the Senate, which last year became embroiled in a bitter, late-session abortion filibuster.
Senate President Thomas V. Mike Miller, D-Prince George's, admitted that this session has not been as successful as some others. He said, however, that those who contend it has been unsuccessful have been influenced more by reports of the governor's gloominess.
Gov. William Donald Schaefer spent much of the session feuding with legislators and venting his unhappiness at his 1990 election results, his dip in popularity and the state budget deficit.
"What causes people to say this hasn't been a successful session is the acrimony emanating from the second floor of the State House throughout the session," Miller said. Schaefer's office is on the second floor.
"I think the attitude surrounding the session depends far too much on the attitude of the chief executive," he said. "Many of the General Assembly's accomplishments will be overshadowed by the fact that [Schaefer] administration bills met with defeat or were referred for further study."
The casualties in the Schaefer package include: an $800 million tax-restructuring plan, a ban on military-style assault weapons, new controls on growth, and a bill to raise gasoline taxes and motor vehicle fees.
Lawmakers say they plan to study Schaefer's growth control and tax measures this summer. Legislative leaders say those proposals died in part because of their relatively late introduction last winter.
Schaefer did score some victories this session with the approval of his bills to preserve trees and revamp the state college scholarship program.
The 1991 session brought a shift in power between the executive and legislative branches, said House Majority Leader D. Bruce Poole, D-W. Md. "Four years ago, Schaefer was the pre-emptive power. There has been a rebalancing, and the legislative branch is very important and effective too," he said.
"Four years ago, anything the governor had his name on would fly through here," he said. Lately, however, some legislators have been hesitant to pass bills introduced by Schaefer. "Now, unfortunately, legislative leaders run into the problem of trying to get his package passed because his name is on it," Poole said.
Like the governor, legislators had their share of worries. Fresh from an election in which angry voters ousted a number of incumbents, many believed their constituents sent them a message against higher taxes and big government.
Poole believes lawmakers tried to give voters what they wanted: leaner government and a minimum of new taxes. To prevent drastic budget cuts, the legislature approved new taxes on cigarettes, some restaurant foods and previously untaxed capital gains income.
People who wanted more money for environmental programs, roads, schools and revenue-strapped Baltimore, however, say the legislature simply did not do enough to help. "There seemed to be a general inclination to duck issues this session related to the environment, transportation and education," said one administration official.
Schaefer told reporters last week that he believes people would not have minded higher taxes if the revenues were earmarked for programs to help the handicapped and for essential capital projects.
STATE BUDGET DOMINATES
Always contentious but rarely so dominating, budget-balancing appeared at times to overshadow everything else the legislature did this year. That was because the recession hit the state hard, cutting into income and sales tax revenues, and restricting legislators from enacting laws that cost money.
The state's budget is based on estimates of how much money will be raised by fees, taxes and lottery proceeds. When those estimates are reduced by gloomy economic forecasts -- as happened several times during the budget discussions this year -- spending cuts and/or tax increases have to be made.
In the end, the $11.6 billion budget for fiscal 1992 contained little growth outside of mandated programs that rise automatically, such as welfare and aid to schools. The legislature approved about $90 million a year in new taxes on cigarettes and some restaurant food, and on previously untaxed capital gains income from the sale of stocks, bonds and real estate.
Another $5 million was raised by imposing some of the taxes in June -- the final month of fiscal 1991 -- to stave off a threatened cut in welfare aid.
The worst may lie ahead. The day the legislature gave final approval to the fiscal 1992 budget, it received an auditor's estimate that 1993 revenues could fall $471 million short of currently projected spending.
TRANSPORTATION BILLS BLOCKED
Lawmakers rejected Schaefer's requests to extend the--
state's sales tax to motor fuel and to boost the fees motorists pay for such items as vehicle titles and driver's licenses. The proposed increases would have pumped $1.5 billion into the state's depleted fund for transportation projects over five years.
The legislature, however, probably will reconsider those proposals next year or in a special session later this year. Without revenue increases, state officials warn, some planned highway projects will be delayed and federal funds will be jeopardized.
The speed limit on certain highways also could rise from 55 miles an hour to 65 miles an hour. A compromise bill passed, allowing the State Highway Administration to decide whether to raise the speed limit and permitting increases on selected roads as a pilot project.
Lawmakers expanded the state's automobile seat belt law to include people in pickup trucks and more children. The bill they passed requires children under age 10 to wear belts and those under age 4 to ride in safety seats.
ENVIRONMENTAL BILLS ADVANCE
Although environmentalists say the 1991 session was a bad one overall, they scored a victory with the passage of a bill to stem the loss of trees to development. A similar bill died last year. This year's bill, which was weakened in the House, will require developers to plant trees in exchange for those they cut and, when building on barren lots, to add trees.
Faced with the threat of losing federal funds, the legislature also approved a Schaefer bill to expand and strengthen the state vehicle emissions testing program. The measure would expand emissions testing beyond the Baltimore and Washington metropolitan areas to less-populated counties as required by the federal government.
Lawmakers also passed a bill designed to provide money to rid Maryland of scrap tire dumps. The bill stipulates that $1 per tire sold will be collected at the wholesale level to pay for the cleanup.
A Senate committee failed to act on a bill that would have required new cars sold in Maryland to be equipped with the tougher anti-pollution devices called for in California.
ABORTION BILL SIGNED
Maryland's new abortion-rights law, signed by Schaefer Feb. 18, guarantees a woman's right to an abortion as practiced under the U.S. Supreme Court's 1973 Roe vs. Wade decision. It grants adult women unrestricted access to abortions up to the time when a fetus is "viable," or able to survive outside the womb. After that time, abortions could be performed only to protect a woman's health or in cases where the fetus is deformed. The law also requires that doctors notify a parent or guardian of a minor under the age of 18 before she obtains an abortion, unless the doctor decides that notification would not be in the best interests of the girl.
The legislature passed another bill designed to assure doctors and hospitals that they are not legally compelled to refer women for abortions. The "conscience clause" says that health care professionals who refuse to perform abortions do not have to refer a patient elsewhere unless the woman risks death or serious injury if she does not have an abortion. The governor has said he will sign such a bill.
Abortion foes have begun a petition drive, the first stage toward overturning the new state abortion law by referendum.
EDUCATION BILL AIDS POOR
More students from poor and moderate-income Maryland families will be able to afford a college educa tion under a bill passed yesterday. The current state scholarship program will be revamped over four years to place greater emphasis on financial need. Proponents expect the new program to lead to a large increase in the amount of scholarship money available.
Legislators provided $3 million in start-up funds for the governor's "Schools for Success" program of initiatives to improve and reward local schools. They also approved a Schaefer bill requiring all 5-year-olds to attend kindergarten or an approved alternative program beginning next year.
CRIMINAL JUSTICE BILLS
The legislature last night approved a bill requiring authorities to gather data on hate crimes directed against homosexuals.
Also, lawmakers voted to make it easier for women who kill or assault their husbands or boyfriends to introduce evidence of abuse in their trials. The Schaefer-supported bill will permit evidence of the "battered spouse syndrome" to be used to explain a defendent's motive or state of mind in cases of murder, manslaughter or maiming.
The legislature rejected a measure that would have made Maryland the third state in the nation to ban assault weapons. The House passed an amended version of the bill, but the measure failed in a close vote in a Senate committee.
BALTIMORE AID INCREASED
Baltimore's highest priority this session was money. It TC received some, but not the fundamental reform of state financial aid that city leaders had sought.
Schaefer agreed to, and lawmakers approved, a plan for the state to take over the city's jail, saving the city about $43 million in operating expenses next year and much more in the future. At the same time, however, the city will lose $38 million a year in police aid.
Legislators also approved an increase in aid to the Baltimore Zoo, beginning a process that will over the next few years see state funding replace city funding at the zoo.
Lawmakers came up with a plan that will give an additional $9.8 million to the city to help it balance its budget. City legislators vowed to seek this summer a restructuring of the state's spending system that would steer more money to needy jurisdictions, such as Baltimore, that impose high tax rates on residents.
A measure to allow 14,000 residents on the city's southern peninsula to annex themselves into Anne Arundel County died in a House committee yesterday. The bill would have ordered a study of the costs of the proposed annexation by a task force appointed by mayor and county executive.
GOOD-GOVERNMENT BILLS
"Good government" forces were successful on several fronts this year, clamping new restrictions on the way politicians raise money for campaigns and expanding the public's access to government meetings.
"The 1991 session has been the best ever for government reform," said Phil Andrews, director of the state chapter of Common Cause, a self-styled citizens lobbying group.
For the first time in Maryland, limits were established on the amount of money political action committees -- or PACs -- can contribute to a candidate's campaign. PACs will be able to give up to $6,000 to each candidate during any four-year election cycle.
The bill would also raise the contribution limit for individual givers, from $2,000 to $4,000 per cycle.
Another provision may be the first of its kind in the nation: it prohibits lobbyists from acting as fund raisers for candidates. Lobbyists can still contribute to a candidate, but they can't solicit money on behalf of a candidate. Also, state employees will have to wait a year after leaving state service before they can lobby on issues related to their service.
An overhaul of the state's open-meeting laws closed several loopholes that allowed government bodies to conduct their business in secret. Legislators included a provision extending the law to advisory boards for two years. A Schaefer aide said the last provision is "extremely troublesome" and could provoke a veto of the bill. The bill would take effect in 1992.
State employees did not fare well this session. Schaefer, citing budget problems, canceled scheduled pay raises for the state's 60,000 employees and extended the standard workweek to 40 hours as of July 1. About two-thirds of the state's workers put in 35.5 hours a week.
INSURANCE REGULATIONS
The legislature killed bills aimed at lowering the automobile insurance rates paid by drivers in high-risk, urban areas such as Baltimore. A bill to established a modified "no-fault" automobile insurance program also died.
The legislature approved Schaefer bills to strengthen the insurance commissioner's role in fighting fraud and to increase capital and surplus requirements for new insurance companies. The licensing of general agents also was approved.
The legislature passed a measure that would allow health insurers to offer a low-cost, scaled-down health insurance plan to workers who do not have insurance.