"If they want to use the money to curry political favor with political supporters in their district who happen to be a nonprofit organization, legally they can do that," he said. "But morally, I don't think it's justified."
Some lawmakers, when asked why they have not yet donated, said they planned to do so. Some said it had slipped their mind; others said they have been swamped by work and haven't had a chance to take care of it. Lawmakers have just returned to their part-time State House jobs as the session opened last week.
Busch and Miller informed lawmakers about the donation program in mid-December.
Under the state Constitution, lawmakers cannot have their salaries reduced during their terms, so they can't be forced to take furloughs. That's why leaders created the program that allows for charitable contributions, which are tax-deductible. Lawmakers have until the fiscal year ends in June to sign up.
"I'm glad you told me I'm not on the list because I'm going to take care of that," said Sen. James C. Rosapepe, a federal lobbyist and former U.S. ambassador to Romania. The Prince George's County Democrat said he would donate five days' worth of pay out of his $43,500 salary to the state. "I just feel the state does a lot of important things, and I'm perfectly comfortable doing my part to help keep teachers in the classroom."
Other lawmakers said they didn't want to give to the state.
Del. Steven R. Schuh, an Anne Arundel County Republican, said that he made a $500 donation to the American Red Cross because he believed a contribution to state coffers amounted to a "tax surcharge on legislators." He noted that Maryland has the fourth-highest tax burden in the nation, according to a recent study by the Washington-based nonprofit Tax Foundation.
"I'm just not willing to voluntarily contribute to Maryland's effort to confiscate more of people's income in the form of taxes," said Schuh, a managing member at Schuh Advisory LLC, an investment banking and financial advisory firm. "The American Red Cross would use the money to much greater effect than the state of Maryland."
Miller called that way of thinking "total nonsense." He said, "Well, they get to vote on the budget; they get to amend the budget."
Busch declined to criticize the actions of lawmakers.
"I felt I should do my part," said Busch, who contributed the maximum donation to the state. "But I'm not going to judge anyone in the General Assembly on what they have given or where they contributed."
Patrick Moran, Maryland director of the American Federation of State, County and Municipal Employees, the largest union for state workers, said he hoped that all lawmakers have the "moral fortitude" to make a donation to the state. He noted that state employees didn't have a choice to donate their lost pay to charity.
"I would hope that the lawmakers would contribute to the same cause, so to speak, because that's what this is about," he said. "It's about maintaining services and making sure the state has the resources to provide the services everyone is counting on in tough economic times."
