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DELEGATION VETERANS LABEL SESSION THE WORST

THE BALTIMORE SUN

Ten-year Carroll Del. Lawrence A. LaMotte says the 1992 General Assembly session has been unequivocally the most unpleasant he's experienced.

The quarrelsome legislature couldn't agree on budget or tax proposals before Monday's conclusion of the 90-day session. It was forced into an extended session to enact a "doomsday" budget containing severe reductions.

The legislature finally agreed on a budget Friday evening, then was called into a special session by Gov. William Donald Schaefer to deal with three tax bills necessary to avoid further spending cuts.

"I think we look like fools because we couldn't do it in 90 days," said LaMotte, a Democrat.

LaMotte had expected by Tuesday to be heading back to rejoin his family, catching up on rest and resuming his career as a financial planner. But instead he felt like a man headingfor a guillotine.

"No matter what we do, we'll be viciously criticized" by an angry public that has lost tolerance for government, LaMotte said.

Carroll Sen. Charles H. Smelser, a state legislator for34 years, says he can't recall a tougher session than this year's. The Democrat serves on the Senate Budget and Taxation Committee, whichwas responsible for cutting the budget or forming tax proposals to make up for a revenue shortfall.

"It was difficult particularly in view of the hours we spent on the budget," he said. "We'd go 8 (a.m.)to 11 (p.m.)."

Many Carroll constituents opposed tax increases, said county legislators. Groups that included teachers, PTA activists and advocates for the poor urged the legislators to consider whether their anti-tax votes would result in damaging consequences.

Carroll's six legislators remained firmly against any new taxes throughout the budget-dominated session. Carroll Dels. Richard C. Matthews and Donald B. Elliott participated on the 26-member House Republican Caucus, which offered a no-tax budget proposal.

However, LaMotte said he would reconsider his position during a special session, predicting he would be unable to support some budget cuts in good conscience.

The following is a look at how the legislators focused their effortsduring the 90-day session and how they fared on their own initiatives.

Del. Richard N. Dixon, D-Carroll: Dixon served on the House Appropriations Committee, which whittled down the budget, and chaired a committee on pensions.

The stockbroker sponsored a bill with the appropriations chairman creating an early retirement incentive programfor state employees with at least 25 years of service.

The bill, which passed, is designed to save money for the state and reduce its work force through attrition.

He vowed to return with more bills to protect citizens against potential mining damages. A House committee tabled for interim study three of Dixon's bills intended to balancecitizens' concerns with competing mining interests and killed another Dixon bill that would have presumed mining companies liable for land depressions near their quarries.

The General Assembly enacted Dixon's bill which would require the Motor Vehicle Administration to expunge driving violations of certain drivers who maintain clean records for three years.

Del. Donald B. Elliott, R-Carroll, Howard: One Elliott bill already has been signed by the governor and enacted intolaw. Intended to save money, it requires the state to recover and redistribute durable medical equipment, such as wheelchairs, from Medical Assistance Program recipients.

He also succeeded in passing a consumer-protection measure for the hearing-impaired, allowing them tocancel purchases of hearing aids within 30 days for any reason.

His effort to make it a crime to be a spectator at cockfights passed the House, but was killed in the Senate by a 5-5 committee vote.

Hevowed to continue next year his battle to compel the Department of Human Resources to change the way it handles records of those who are wrongly accused of child or adult abuse. Two bills he sponsored this year didn't pass.

Del. Richard C. Matthews, R-Carroll: The chairman of the Carroll delegation, Matthews was responsible for shepherdingthe county commissioners' bills through the legislature.

His measures to toughen penalties for drunken driving, limit plea bargaining for violent crimes and create a central registry for judges' decisions were rejected by the House Judiciary Committee on which he serves.

Del. Lawrence A. LaMotte, D-Carroll, Baltimore: LaMotte advised several committees on health insurance legislation, hospital administration and health budget matters. He worked on money-saving revisions for the state's burgeoning Medicaid program, which finances health care for the poor.

He was disappointed at the negative reception for his growth-management bill, which had tougher compliance provisions than a similar bill introduced by the Schaefer administration. He withdrew the bill.

Sen. Charles H. Smelser, D-Carroll, Frederick, Howard: Smelser concentrated on the state's operating and capital budgets. He chairs the Senate's Capital Budget subcommittee.

Upon request, he worked with four other senators who were interested in making deeper cuts in the budget. Some of the impromptu group's recommendations were accepted by the Budget and Taxation Committee, leading to about $50 million in additional cuts, said Smelser.

Smelser said he perceives that a coalition of legislators from Baltimore City and Montgomery and Prince George's counties are wielding too much influence. They are seeking money and other favors from the state, which could leave smaller counties with less, he said.

Sen. Larry E. Haines, R-Carroll, Baltimore: Haines' attempt to amend Maryland's constitution by guaranteeing individuals the right to keep and bear arms failed by a narrow vote in the Senate.

His measure designed to protect home buyers and sellers by requiring that a form disclosing a property's condition be given to prospective purchasers failed in the House afterpassing the Senate.

He succeeded in passing a bill intended to save money for counties by changing the way fees for filing certain court documents are collected.

STATUS OF CARROLL COUNTY'S DELEGATION PACKAGE

Bill Description of proposed legislation Status (as of Friday)

HB 395 Make it a misdemeanor to be a spectator at cockfights or dogfights (Elliott)Killed by Senate Judicial Proceedings Committee, 5-5

HB 425Request $500,000 from the state for Carroll County General Hospital's upgrade and expansion (Dixon)Killed by House Appropriations Committee

HB 892 Require social-service agencies to expunge records of adult abuse investigations within three years (House) or 120days (Senate) in absence of supporting evidence (Elliott)Full house tabled compromise measure

SB 738 Prohibit amendments in state's pay plan for employees and job reclassifications, June 1 to June 30, 1993 (Smelser)Died in Senate Budget and Taxation Committee

SOURCE: General Assembly Legislative Reference Service

HOW CARROLL'S LEGISLATORS VOTED ON KEY ISSUES IN 1992

Topic Description of legislation ..Dixon .. Elliott .. LaMotte .. Matthews .. Haines .. Smelser

Budget SB387 (Taxes; Senate version); Passed Senate, 27-20*; raises $245 million in taxes to balance budget .. n/a n/a n/a n/a No No

SB387 (Taxes; House amendments); Passed House 78-61; raises $251 million intaxes, increases gas tax 5 cents per gallon, provides new local taxing authority .. No No No No n/a n/a

SB444; Passed House, 88-47; Senate, 30-17; balanced budget including tax increases .. No No No No No No

SB644 (Budget adjustments); Passed House, 96-14; Senate 30-14; relaxes minimum requirements for spending on local education and community colleges, reduces Social Security contributions to local governments and other budget-balancing provisions .. Yes Yes n/v Yes No n/v

HB236** (Taxes); Passed Senate, 27-20; killed by House W&M; raises $200 million in taxes to balance budget .. n/a n/a n/a n/a No No

HB240** (Taxes); Passed Senate, 24-23; killed by House W&M; raises$47 million in taxes for aid to Baltimore and five poorer counties and education for the disabled; allows counties to raise local income tax rate .. n/a n/a n/a n/a No No

HB241** (Gas tax); Passed Senate, 25-22; killed by House W&M; raises gas tax 5 cents per gallon .. n/a n/a n/a n/a No No

Education SB243 (Corporal punishment); Passed Senate, 27-19; tabled in House; eliminates the use of corporal punishment in all Maryland school districts .. n/a n/a n/a n/a No No

SB335 (Income checkoff); Passed Senate, 34-12; killed by House W&M; creates checkoff for voluntary contribution to local education systems onincome tax return .. n/a n/a n/a n/a No No

HB874 (Challenge grants); Passed House, 72-51; Senate 40-3; authorizes Schools for Success fund for grants to low-performing schools .. No No No No No No

Human Rights HB974 (Civil rights act); Passed House, 73-56; died in Senate; provides remedies for intentional discrimination and unlawful harassment in workplace .. No No No No n/a n/a

HB975; Failed in House, 66-63; protects exercise of religion from government interference .. No No Yes No n/a n/a

HB1248 (Constitutional amendment); Failed in House, 83-42; guarantees equal rights to the physically and mentally disabled ..No No Yes No n/a n/a

Growth HB457; Passed House, 131-3; Senate, 43-2; empowers and encourages local jurisdictions to enactordinances promoting creation of affordable housing and preservationof resources .. No No Yes No Yes Yes

HB1195 (Economic Growth and Resource Act); Passed House, 124-1; Senate, 42-4; aims to restrict suburban sprawl, protect environment and promote economically sensible growth by directing counties to follow certain principles in development planning .. Yes Yes n/v Yes No Yes

SB63 (Private land rights);Passed Senate, 32-14; House, 62-43 (amended); later died in Senate; establishes safeguards to protect against the "constitutional taking"of private property through legislation ..Yes Yes n/v Yes Yes Yes

Gambling SB392; Passed Senate, 29-18; House, 105-24; allows creationof off-track betting parlors with wagering on televised horse races .. Yes Yes n/v Yes No No

HB622; Passed House, 84-43; died in Senate; permits gambling aboard certain cruise ships on Chesapeake Bay .. Yes Yes No Yes n/a n/a

Environment HB549/SB284 (Vehicle emissions); Passed House ENV, 20-3; failed in Senate JPR, 6-5; never called forfinal House vote; establishes stricter tailpipe emissions standards for cars sold in Maryland .. n/a No(Com.) Yes(Com.) n/a No(Com.) n/a

Helmets HB377; Passed House, 103-29; Senate, 31-15; requires motorcyclists to wear helmets .. No Yes Yes Yes No Yes

Guns HB464 (Access by minors); Passed House, 85-47; killed by Senate JPR, 11-0; prohibits gun owners from storing or leaving unsecured, loaded firearms within access of children ..No No n/v No No(Com.) n/a

HB481; (Assault weapons); Passed House, 79-50; died in Senate JPR; prohibits the sale of certain semiautomatic weapons .. No No n/v No n/a n/a

Domestic violence SB282; Passed Senate, 47-0; House, 114-7; enables battered women to seek court order protecting them from their abusers for 200 days, rather than 30-day limit .. No No Yes Yes Yes Yes

State dinosaur SB76; Passed Senate, 32-12; failed in House, 57-54; designates"Astrodon johnstoni" as the state dinosaur .. No n/v No No No No

Speed limits HB1399; Passed House, 96-26; failed in Senate, 21-15; authorizes increasing speed limit to 65 mph on rural interstate highways .. Yes Yes n/v Yes Yes No

*Subsequent compromise proposal failedin the Senate, 25-22 (Haines and Smelser voted no)

**Breaks tax proposals from SB 387 into separate bills

Com. -- vote cast in committee; .. n/v -- no vote cast; n/a -- not applicable

W&M; -- Ways and Means Committee; JPR -- Judicial Proceedings Committee

SOURCE: CARROLL COUNTY SUN GRAPHIC/Legislative reference

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