"Ehrlich Vetoes Could Be in Jeopardy...," The Washington Post, December 21, 2004
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The Washington Post
December 21, 2004 Tuesday
Final Edition
SECTION: Metro; B04
HEADLINE: Ehrlich Vetoes Could Be in Jeopardy; Special Session Opens Door to Override Attempts on Tuition, Living Wage
BYLINE: Matthew Mosk, Washington Post Staff Writer
Gov. Robert L. Ehrlich Jr.'s decision to call a special session of the Maryland General Assembly triggered a surge of activity yesterday around a proposal that would cap state university tuition increases and boost funding for higher education.
Although the legislature will convene next Tuesday primarily to debate medical malpractice reform, the tuition measure is one of several that lawmakers could revive when they vote on whether to override Ehrlich's vetoes.
"For us, this is a crucial opportunity," said former U.S. senator Joseph D. Tydings (D), who sits on the University System of Maryland's board of regents. "My feeling is that public higher education is facing an enormous risk if the governor's veto is not overridden."
The state Constitution requires the General Assembly to consider the governor's vetoes as soon as the legislature reconvenes, which is typically in early January. But this year's special session gives lawmakers an early shot at challenging the governor's May 2004 vetoes.
Recognizing this threat, Ehrlich (R) spent part of yesterday calling business leaders and swing Democrats to seek their help in blocking such votes. His aides said he will fight vigorously to prevent any override.
Ehrlich said in an interview last night that he has been arguing the merits of the issues, not making promises in exchange for votes. "We don't make deals on overrides," he said.
Lawmakers would need the votes of three-fifths of the Senate and House of Delegates to overturn a veto, a feat that could prove difficult if some lawmakers are unable to attend the Christmastime session called on short notice.
Two bills in particular are expected to prompt fierce battles: the tuition bill, which passed both chambers easily this year, and a living wage bill that would require higher pay for workers on state contracts, which advocates began to push this week. Ehrlich said he has been putting most of his energy into winning over swing Democrats on those bills.
"I think it's very important that the General Assembly show some backbone," said Tom Hucker, executive director of Progressive Maryland, a group that has helped push through similar measures in Montgomery and Prince George's counties. "State contract workers should not be living in poverty."
Lobbying on both measures is well underway. Education advocates sent 15,000 e-mails over the weekend urging supporters to get behind the tuition bill, which would limit annual tuition increases to 5 percent and force the governor to increase financial support for the university system. It would pay for the increased state aid by raising corporate taxes by 0.5 percent.
Ehrlich cited the tax provision when he vetoed the bill in the spring, calling it "irresponsible and haphazard."
The bill "creates another partially funded mandate," he said last night. "It's bad governance. It's certainly bad budget policy."
Tydings said he believes that, given the power wielded by the governor, it will be very difficult to overturn the veto, despite widespread interest in holding down tuition costs, which rose as much as 20 percent in one year at some campuses."Students are facing unconscionable tuition burdens," Tydings said.
The higher education bill passed during the regular 2004 legislative session with 80 votes in the House and 30 in the Senate. Advocates would need the votes of 85 delegates and 29 senators to overturn the veto.
"In a regular session, I think we'd be in good shape to get those votes," said House Speaker Michael E. Busch (D-Anne Arundel), who strongly backs overriding the veto. "But the special session has created a whole new dynamic."
Busch said one key factor will be turnout for next week's session, which the governor announced with just 10 days' notice and made formal only yesterday.
House and Senate leaders said a number of lawmakers have been having trouble breaking holiday travel plans to be present for the session. One possible way to combat that problem, Busch said, is to use a parliamentary maneuver to hold the special session in recess until Jan. 11, so votes on veto overrides could be delayed until lawmakers are back in town. The regular legislative session is scheduled to start Jan. 12.
Senate President Thomas V. Mike Miller Jr. (D-Calvert) said he and the speaker are waiting for a ruling from the attorney general's office to determine whether such a delay would be constitutional.
But Miller said he believes that whenever the vote takes place, there will be enough support in the Senate to have the tuition bill enacted over the governor's objections.
Staff writer David Montgomery contributed to this report.