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Bill for Referendum on Slots Still Waits to Clear Md. House
Md. Leaders Fight To Secure Support In Special Session

By John Wagner and Philip Rucker
Washington Post Staff Writers
Friday, November 16, 2007

Leaders of the Maryland House of Delegates struggled yesterday to find enough votes to pass a bill calling for a referendum on legalizing up to 15,000 slot machines, the most vexing issue confronting lawmakers in a nearly three-week-old special session.

The legislation, which delegates planned to resume debating today, would authorize slots at locations in Baltimore and in Allegany, Anne Arundel, Cecil and Worcester counties if voters approve the ballot measure next November. In a change from Wednesday, the bill does not provide for slots in Frederick County. The Senate passed a similar bill last week, as well as a bill needed to implement a slots program.

House Speaker Michael E. Busch (D-Anne Arundel) acknowledged to reporters last night that House leaders were "still trying to get the votes" to put slots on the ballot.

Past efforts to legalize slot machine gambling have paralyzed the General Assembly. At some points yesterday, the issue threatened to unravel the special session called by Gov. Martin O'Malley (D) to close a $1.5 billion budget shortfall and raise additional revenue for transportation and health-care priorities.

Senate President Thomas V. Mike Miller Jr. (D-Calvert), one of the legislature's biggest slots proponents, reacted angrily when it appeared that the House might pass the bill authorizing a referendum but not consider the slots implementation measure during the session. With the referendum date a year away, several delegates said there was no need to reach agreement now on all details of a slots program. Some said they could even wait to see whether a referendum passes before acting.

Miller called that prospect "a total fraud," saying that would make it "highly unlikely" that his chamber would seek to reconcile other bills passed during the session with versions approved by the House. Those bills would raise an additional $1.4 billion in annual tax revenue and direct O'Malley to cut about $500 million from next year's budget.

"I think the session can be saved if they pass nothing or they pass both bills," Miller said of the slots legislation pending in the House. He said lawmakers should not be "lying and stealing and cheating the public into thinking you're doing something when you're not."

Busch later chastised Miller for his "flowery language," saying: "I think it's unbecoming of a presiding officer."

House Majority Leader Kumar P. Barve (D-Montgomery) said that the House, which historically has been less receptive to slots proposals than the Senate, was committed to trying to pass both bills in coming days.

"We're going to do the best we can, and he needs to be flexible," Barve said of Miller. "We're two co-equal branches."

O'Malley spent much of the afternoon laboring to keep the session on track. He gave what those in attendance called an impassioned speech about reaching consensus at a closed-door meeting of House Democrats, holed up with Busch in the speaker's office and met with wavering delegates from Montgomery, who relayed their desire for additional school construction funding.

If the special session collapses, lawmakers would have to craft a balanced budget after they convene in mid-January for their annual 90-day session. Maryland's budget is balanced through June, but O'Malley is urging early action so that the state can enact increases in the sales tax and other levies starting in January that otherwise would not take effect until July. If lawmakers wait, O'Malley has said, they will have to either raise more taxes or make deeper spending cuts.

The first in a series of legislative twists and turns came late in the morning, when a key House panel voted 13 to 7 for a slots referendum bill identical to the one passed by the Senate last week.

With the action, the House reversed course from the day before, when a subcommittee voted to replace the Worcester location with one in Frederick County. The Frederick site was added to cater to Montgomery residents who travel to West Virginia to gamble.

House leaders ran into trouble rounding up enough votes for that version of the bill, however. Passage of the referendum bill requires 85 votes, or three-fifths of the chamber's members.

"I was getting great pressure from my constituents," said Del. Galen R. Clagett (D-Frederick), who otherwise supports a referendum. "It was going to be very difficult for me to support the bill if it included Frederick."

By passing a bill identical to the Senate version, House leaders also hoped to bring the issue to a quick resolution. Any changes would require the two chambers to negotiate the differences.

That strategy ran into trouble later in the day, however, when some delegates balked at a Senate bill provision that would allow "additional forms or expansion of commercial gaming" without seeking voter approval again, provided the bills pass with three-fifths votes in both chambers.

The Ways and Means Committee hastily convened yesterday afternoon to change that provision to secure 85 votes on the floor. But doing that created a difference that must be reconciled with the Senate.

House leaders also have been hampered in their efforts to secure 85 votes by the refusal of most Republicans to support a referendum. Although many have supported slots in the past, they are withholding their votes to leverage more spending cuts.

Busch last night called on Republicans, particularly those who represent rural areas, to support a referendum, because as much as $100 million in slots proceeds would subsidize the horse-racing industry.

The second slots bill, which spells out program details, requires a simply majority of 71 votes for passage. But securing those votes could be more difficult for House leaders. Some anti-slots delegates, who have agreed to vote for the referendum as a way to resolve the issue, do not plan to vote for the second bill.

Hours before the House convened yesterday afternoon, O'Malley and Busch met privately with Montgomery County Executive Isiah Leggett (D) and Montgomery delegates said to be on the fence about slots.

O'Malley pleaded with the delegates to vote in favor of a referendum, and the delegates said they would like the governor's office to invest more money in school construction in the county.

Several delegates involved in the discussions said a deal was not reached between the governor and the Montgomery lawmakers. Leggett called the meeting an "information-gathering session" and said the governor made no promises.

"There was talk about whether something might be offered," said Del. Benjamin F. Kramer (D-Montgomery).

Del. Kathleen M. Dumais (D-Montgomery), however, said: "There was no guarantee. There was no quid pro quo of any kind. But we discussed how important school construction funding is to Montgomery County."

Talks between the governor's office and Montgomery County officials continued into the evening.

The House also voted 101 to 31 yesterday for a bill that would set up a fund to help restore the Chesapeake Bay and its tributaries.

The Chesapeake Bay Trust Fund 2010 would direct $50 million to efforts to curb polluted runoff that flows into the bay.

Staff writers Lisa Rein and Ovetta Wiggins contributed to this report.

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