A year after ethics violations drove two legislators from office, the Senate and House of Delegates approved a sweeping reform of Maryland ethics laws yesterday, laying the groundwork for final General Assembly passage in the next few weeks.

The bill, the first major revision of the ethics laws in 20 years, would for the first time prohibit senators and delegates from voting on legislation in which they have a direct financial interest and ban them from dining out on lobbyists' tabs.

The measure would also restrict legislators' ability to take jobs with state or local government, prohibit them from hitting up lobbyists for contributions to their favorite charities and give the Assembly's ethics committee subpoena power to investigate complaints.

Although the Senate and House versions of the bill have differences, Assembly leaders believe they can be resolved before the legislative session ends April 12.

"The ultimate result of all this is a substantial increase in public confidence," said House Speaker Casper R. Taylor Jr., who with Senate President Thomas V. Mike Miller pushed for the reform measure.

With no debate, the Senate passed its version of the bill overwhelmingly, 43-2.

In the House, the bill passed 109-25, but only after an hour of sometimes bitter complaints from delegates who called the legislation unnecessary or burdensome.

But the bill's backers said the restrictions are necessary to help restore public confidence in the Assembly.

"This is the best we can do in terms of trying to address what happened last year," said Del. John Adams Hurson, the House majority leader.

"I know this is a bit of a Disneyland down here for 90 days," added the Montgomery County delegate, referring to the annual three-month session. "But we have to let the citizens know that we know what the real world is."

The legislation was crafted by a commission headed by U.S. Rep. Benjamin L. Cardin that was created in the wake of the expulsion of state Sen. Larry Young and the forced resignation of Del. Gerald J. Curran, both of Baltimore, for ethics violations.

The Cardin commission produced a wide-ranging bill that seeks to create clearer rules for legislators to follow in their dealings with the throng of special interests and lobbyists who are fixtures in the State House.

Cardin applauded yesterday's votes in Annapolis and said the bill, as passed by both the Senate and House, maintains all of the commission's key planks.

Building a better image

"The public is not going to focus too much on rules changes," said Cardin, a Democrat from Baltimore. "They'll focus more on how members abide by the rules, and I think these rules will make it easier for members to create a better public perception."

Kathleen S. Skullney, executive director of Common Cause/Maryland, which supports tougher ethics laws, said the legislation would be an important step.

But she said the Assembly is erring badly by not giving the public a role in overseeing ethics matters -- a route taken by only a handful of states -- or by establishing well-defined punishments for violations.

"The big hole is oversight and enforcement," said Skullney. "And simply because we have given the ethics committee subpoena powers does not change the fact that there is no public accountability, no public oversight, and there are no specified consequences for ethics violations."

During yesterday's debate, several delegates bristled at the notion that anything is wrong with ethics in the State House.

An inaccurate picture?

Del. Leon G. Billings said the bill includes some worthy parts, including tighter restrictions on meals and gifts from lobbyists. But its overall thrust paints an inaccurate picture, he said.

"Why are we saying that we are bad people?" asked Billings, a Montgomery Democrat. "Aren't we succumbing to questions of perception to which we need not succumb?"

Del. Dereck E. Davis, a Prince George's Democrat, noted that studies have shown that Maryland's ethics laws are already strong.

"Our ethics laws are among the tightest in the nation," said Davis. "We don't have to prove anything to anybody."

In the end, the House vote on the bill was cast largely along racial lines. Of the 25 votes against it, 20 were cast by African-Americans. Only six black delegates supported the bill.

Del. Nathaniel T. Oaks said he and other blacks were concerned, in particular, with the legislation's restrictions on lawmakers taking government jobs.

Under both versions of the bill, legislators would be allowed to take some jobs with state or local government, but only with approval of the ethics committee.

"The one objection we had is, we might be lucky enough to qualify for a state position, and this says we have to get approval from the ethics committee," said Oaks, a Baltimore Democrat who works for the Injured Workers Insurance Fund, a state agency. "It's not a power that we should give that committee."

Charitable solicitations

Several delegates said they objected to a provision that would prohibit lawmakers from approaching lobbyists for charitable solicitations, a practice that has grown in recent years.

Del. Joanne C. Benson, a Prince George's Democrat, said she must make such requests as part of her constituent service.

"If I have a family that is in need of food, are you saying I cannot call Giant Food and say, 'Is there any way, Mr. Lobbyist or whoever, can you help me?' " Benson asked.

Under the legislation, such solicitations would likely be prohibited, said Del. John S. Arnick, chairman of a House ethics subcommittee.

Hurson said such a transaction inevitably puts both lobbyist and legislator in an awkward position.

"The lobbyist is going to do that favor for you because they'll be down here the next year asking you for a favor," said Hurson. "That's got to stop."

With the bill to strengthen legislative ethics rules likely headed for passage, the Assembly is beginning to focus on the role of lobbyists in Annapolis.

The Senate approved a measure yesterday that would establish an 11-member task force to review and revise the laws governing lobbyists. The House is expected to approve the measure.

Pending ethics legislation

Ethics reform legislation pending in the General Assembly would:

Prohibit legislators from voting on issues in which they, their employers or business partners have a direct financial interest. Under current law, legislators can vote on such issues as long as they disclose their conflict of interest.

Add a full-time legal counsel to advise lawmakers about ethics and conduct mandatory annual training sessions on ethics issues.

Give subpoena power to the joint legislative committee that handles complaints filed against legislators.

Require legislators to receive approval from the ethics committee before taking some jobs with state or local governments.

Prohibit individual legislators from accepting meals from lobbyists, although larger groups -- committees or local delegations -- could still be treated to free meals.

Bar lawmakers from soliciting charitable gifts from lobbyists.

Pub Date: 3/19/99