Gas tax hike on fast track as House gives preliminary OK

By Len Lazarick

Republican news conference on gas tax

House Republicans hold news conference protesting gas tax, Minority Leader Tony O’Donnell at podium.

Gov. Martin O’Malley’s proposed gasoline tax hike that was late arriving for this year’s General Assembly session is now clearly on a fast track for passage. The House of Delegates gave it preliminary approval Wednesday night — just five days after its first hearing.

The Democrat-dominated House easily beat back Republican attempts to modify the bill, HB1515, indicating more than enough Democrats are on board to pass it as early as Thursday.

The legislation raises an additional $2 billion in revenues for the Transportation Trust Fund over the next five years. CORRECTION: The bill applies a sales tax rising to 3% 4% by 1% a year over the next three years; and the gas sales tax would rise to 6% 5% in 2016 if Congress does not pass legislation allowing states to collect an Internet sales tax by 2015.

Quick action in committee

There was a hearing on the bill late Friday afternoon. The House Ways & Means Committee worked on the legislation that night and Monday morning, then passed it Monday afternoon on a 15-4 vote.

Drew Cobbs of the Maryland Petroleum Council had been told that there would be a work group on the bill to include stakeholders, but that never happened.

Del. Herb McMillan

Del. Herb McMillan

Republicans made two attempts to change the aspect of the tax hike that they found most galling: It is indexed to inflation and would go up automatically without action by the legislature.

“This is the first time in the history of the state that (a tax) has been indexed to inflation,” said Del. Ron George, R-Anne Arundel, at a news conference.

Automatic increases tied to inflation

“The gas tax will go up and it can never come down,” said Del. Herb McMillan as he offered an amendment to remove that provision. “This gas tax puts us on autopilot and locks us out of the cockpit.”

Maryland is now about in the middle of the states with its 23.5 cent per gallon gasoline tax, but Republicans said the tax hike would make the state’s tax levy the 5th highest in the nation.

“This smacks poor people and the middle class right in the mouth,” McMillan said.

House Majority Leader Kumar Barve, D-Montgomery, pointed out that the income and sales tax are equivalent to indexed since people pay more as income and the price of goods rise.

McMillan’s amendment failed on a 50-84 vote.

No to capping increases, no to stronger lockbox

House Minority Whip Jeannie Haddaway-Riccio of the Eastern Shore sought to cap the increase in the gas tax at 1-cent per year, but that went down on a 50-81 vote.

Del. Susan Krebs, R-Carroll, tried to strengthen the “lockbox” provision of the bill by tying passage of the gas tax to enactment of her proposed constitutional amendment, HB176 that would require a three-fifths vote in both houses to use the transportation revenues for other programs. In the governor’s bill, transfers out of the Transportation Trust Fund require only a three-fifths vote in committee.

“Let’s put the trust back in the trust fund,” Krebs said. She said the constitutional amendment had been proposed nine years in a row without even a vote in committee.

The closest vote came on an attempt by Del. John Olszewski, D-Baltimore County, to put the revenues from marine fuels into the Waterway Improvement Fund, which has been drained as sales taxes on boats have declined and the cost of dredging has risen. The vote was 61-73 against that bill.

‘Shameful and plain wrong’ says one opponent

The galleries were nearly empty during the two-hour House debate, but one representative of gas tax opponents was looking on — Nick Loffer, state director of Americans for Prosperity.

“It’s unbelievable that the House of Delegates supports burdening Maryland’s families and businesses with the 5th highest gas tax rate in the nation,”  Loffer said. “Saddling families with yearly automatic gas tax hikes without a vote by their representatives is just shameful and plain wrong.”

About The Author

Len Lazarick

Len Lazarick was the founding editor and publisher of and is currently the president of its nonprofit corporation and chairman of its board He was formerly the State House bureau chief of the daily Baltimore Examiner from its start in April 2006 to its demise in February 2009. He was a copy editor on the national desk of the Washington Post for eight years before that, and has spent decades covering Maryland politics and government.


  1. Wally Hyatt Namer

    Blue State. Legislature in a fog! Gov. could care less about the citizens of Md.
    Gun laws? Please, let’s just enforce the ones already on the books!

    Remember folks, next election no incumbents should get a vote, remove them all! Turn it Red!!!

  2. Tina Slater

    Comments to portray the final phases of the gas tax as “5th highest in the nation” ignore the fact that other states will likely be modifying their gas tax as well. Virigina just did it. Pennsylvania is contemplating it. We’ll only be 5th highest if no other states increase the tax in order to maintain roads and faltering bridges — did you know that 84% of MD’s major roads are over 30 years old?

    • zoneten09

      Perfect example of the typical liberal spin on a issue. What does 84% mean? When they were originally built? Or when they were last maintained? I drive over 150 miles a day all over the state and have to say you have made that one up.

  3. Joe

    While Maryland ‘s unemployed (up to 6.7%) and still employed taxpayers are tightening there belts anticipating job layoffs because of the poor economy and cuts in federal spending, Annapolis continues to spend!

    The Transportation Trust Fund borrower in chief Governor O’Malley and the Maryland Legislators have increased the state’s FY 2014 budget to $37 trillion, a 4% increase from last year in total spending. In addition there will be a 20 cents per gallon gas tax increase by 2014 (inflation indexed too) affecting individuals and businesses; gas and electric rate increases; offshore windmill fees; a storm water runoff fees affecting residential and non-residential property; tobacco tax increase; possibly a health care exchange fee; and who knows what else is buried in last minute legislation.

    In addition to the special interests (environmentalists, unions, trial lawyers, illegal immigrants) having their hands in taxpayers pockets Maryland citizens are losing their referendum rights; ability to freely express opinions; voting booth integrity; gun ownership rights; control over their farms and property; and Annapolis is dictating county budget spending. Campaign financing reform is also making sure Democrats retain power.

    Meanwhile our august body of legislators debate competing doggie bills; seat belt use in auto back seats; cigarette smoking in cars with children; and other stuff that doesn’t matter much, but still no strong lockbox on the Transportation Trust Fund.

    • Dale McNamee

      Excellent post, Joe ! Add the “state sandwich” and adding the raven as the “State Bird” to your list. The local TV news is focused on trivia, ( 8 Ravens leaving the team (( I could care less )), Joe Flacco’s contract, murders,etc. ), meanwhile, what the Legislature is doing doesn’t get as much attention and affects me more greatly than what the Orioles & Ravens do !
      Add to that an apathetic, willfully ignorant, & moronic voting public…

  4. abby_adams

    With a virtual lock on state politics, why would Dem legislators give serious thought to the effect on the pocketbooks of average MD drivers. Tie the gas tax to inflation but according to the Feds, inflation is low since they don’t include energy or food in the calculations. We’re being had people. Big time.

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