By John Wagner
Washington Post Staff Writer
Thursday, January 4, 2007; T01
Gov.-elect Martin O'Malley and Maryland's top Democratic lawmakers huddled for more than three hours in Annapolis last month to discuss their priorities for the upcoming legislative session, emerging with universally upbeat assessments.
"It was love feast," said Senate President Thomas V. Mike Miller Jr. (D-Calvert).
The question is whether it will stay that way.
After a four-year hiatus, one-party rule is returning to Annapolis. A Democrat is replacing Gov. Robert L. Ehrlich Jr. (R), and Democrats will have strengthened their control of the Maryland General Assembly when the session opens Wednesday.
Despite forecasts of a tight budget, there is much that unites O'Malley and his party's legislative leaders, including a desire to boost spending on school construction, keep college tuition reasonable, replace the state's utility regulators, preserve open spaces and devote more attention to cleaning up the Chesapeake Bay.
Lawmakers are also poised to take up several prickly issues on which there is less agreement among Democrats, not to mention the views of the 51 Republicans in the 188-member legislature.
Among the issues they will debate in the 90-day session: Has the time come to pass a statewide ban on smoking in bars and restaurants? Should slots be legalized at Maryland's racetracks? Is it time to put a hold on the death penalty or even abolish it? Is a $1 increase in the tobacco tax the best way to expand access to health care? Can the state afford to give paper receipts to voters who cast ballots electronically?
Lawmakers are also eager to tackle several emerging issues -- among them gang violence, identity theft, automobile emissions and affordable housing -- that could become part of the annual agenda for years to come. And a pending court ruling on same-sex marriage has the potential to throw the session into chaos.
All that will unfold against a backdrop of projected budget deficits that could curtail some agendas. O'Malley is inheriting a $400 million shortfall, according to legislative analysts, in a budget that he must present to lawmakers Jan. 19, two days after he takes office. The gap between projected revenue and spending grows to more than $1 billion a year by his second year in office.
A new governor also means a new team of Cabinet secretaries whose appointments will require Senate approval. None of O'Malley's early picks is likely to generate much controversy.
Here's a look at some of the issues that could generate intense debate as the session unfolds.
Smoking BanFour Maryland counties -- Montgomery, Prince George's, Howard and Talbot -- have local prohibitions against lighting up in bars and restaurants. A fifth jurisdiction, Baltimore, is seriously considering one.
As a result, advocates of a statewide ban are hopeful that this year will present their best shot at protecting service industry workers and their patrons against secondhand smoke.
The Restaurant Association of Maryland remains steadfastly opposed to a statewide ban, despite losses on the local level. Smoking prohibitions can take a particularly hard toll on smaller bars, resulting in cost-cutting and layoffs, the group says.
Advocates on both sides of the issue say a decision by Baltimore to go smoke-free could be the tipping point in the statewide debate. If Baltimore approves a ban, nearly half of Maryland's residents will live in jurisdictions with a prohibition.
In recent years, bills to make Maryland bars and restaurants smoke-free have died in cliffhanger committee votes, with members citing as the basis of their opposition the possibility of harm to Baltimore establishments. The city is home to numerous corner bars.
Sixteen states and the District have adopted bans, and other states are expected to pass such bans as legislatures convene this year. Some, including New York and Massachusetts, adopted statewide bans after their largest cities prohibited smoking.
A wild card in the debate is O'Malley, Baltimore's outgoing mayor, who has said that he prefers a statewide ban to local bans but that he will not push the issue.
Slot MachinesProposals to legalize slot machines dominated the first three legislative sessions under Ehrlich. The issue could return with the arrival of O'Malley, who has called for placing a limited number of machines at racetracks to help the horse racing industry.
It's unclear how quickly the debate will intensify and whether the outcome will be any different.
O'Malley has said that his first legislative session should focus on "the things we agree on," a category that excludes slots. Miller in recent years has been among the staunchest advocates of expanding gambling, while House Speaker Michael E. Busch (D-Anne Arundel) has been among the strongest opponents.
O'Malley has said he would like to postpone consideration of new revenue sources until his second session, which might mean the full-blown slots debate will wait. But pro-slots lawmakers could still make a push this session to see how far they get.
Death PenaltyA court ruling temporarily halting executions in Maryland has reignited the debate over the death penalty.
New regulations will be required from the O'Malley administration before the state can execute more prisoners by injection. Lawmakers on both sides could try to have their say in the meantime.
A bill calling for a moratorium on capital punishment failed by one vote on the Senate floor four years ago. This year, some lawmakers will push to replace the death penalty with life without parole.
O'Malley, who says he opposes the death penalty, could also call on the General Assembly to study the issue, which might push a resolution into the 2008 session.
Tobacco TaxA move to increase the state's tobacco tax and use the revenue to expand Medicaid coverage and other health programs has some momentum ahead of the session. A health advocacy group says it has the support of 78 members.
But O'Malley has balked at the plan, questioning whether hitting up smokers makes sense. If efforts to reduce smoking were successful, the funding from the tax would decline in the future, he said.
Del. Peter A. Hammen (D-Baltimore), chairman of the House's health committee, has pledged to make Medicaid expansion a priority this session. During the campaign, O'Malley proposed several initiatives to make insurance more accessible, including tax credits for small businesses that offer health plans.
Voter ReceiptsBoth O'Malley and legislative leaders agree that they need to bolster voter confidence in the state's electronic voting machines, with glitches riddling the primary election last year and national organizations calling for paper receipts. The problem is that there is no low-cost solution.
The most probable course seems to be some debate on the issue this session, with further study during the summer. The goal is to get something in place by the 2008 presidential election.