Meeting at the State House in Annapolis, the General Assembly changes, adds, and repeals laws through the legislative process of introducing and passing bills, or drafts of proposed legislation, which the Governor later signs into law. Current laws of the State are compiled in the Annotated Code of Maryland.
State House, Annapolis, Maryland, June 2006. Photo by Diane F. Evartt.
Miller Senate Office Building, 11 Bladen St., Annapolis, Maryland, August 2010. Photo by Diane F. Evartt.
The State Constitution mandates that bills be limited to one subject clearly described by the title of the bill and be drafted in the style and form of the Annotated Code (Const., Art. III, sec. 29). The one-subject limitation and the title requirement are safeguards against fraudulent legislation and allow legislators and constituents to monitor a bill's progress more easily. Omnibus bills, common in the U.S. Congress, clearly are forbidden under Maryland law. Ideas for bills (proposed laws) come from many sources: constituents, the Governor, government agencies, legislative committees, study commissions, special interest groups, lobbyists and professional associations, for example. Each bill, however, must be sponsored by a legislator. At the request of legislators, bills are drafted to meet constitutional standards by the Department of Legislative Services until July (the Department starts to receive drafting requests in mid-April, shortly after the legislative session ends). During the interim between sessions, legislators meet in committees, task forces, and other groups to study and formulate bill proposals. From 2016 through 2020, the number of bills introduced per session has averaged 1,153 in the Senate and 1,642 in the House of Delegates. This volume of bills makes it difficult for each bill to get through the legislative process within the 90-day session. Therefore, legislators often try to introduce their bills as early as possible. A bill filed with the Secretary of the Senate or the Chief Clerk of the House prior to the first day of a regular session is called a prefiled bill. Such a bill is introduced (i.e., read across the floor) and assigned to a standing committee on the opening day of a session, thus obtaining a head-start advantage.
BUDGET BILL If the General Assembly has not acted upon the budget bill seven days before the expiration of a regular legislative session, the Governor by proclamation may extend the session for action to be taken on the bill. After both houses pass the budget bill, it becomes law without further action (Const., Art. III, sec. 52). The Governor may not veto the budget bill.
JOINT RESOLUTIONS Certain issues are required by law or the Constitution to be introduced in the form of a joint resolution and such joint resolutions have the force and effect of law. Examples include salary recommendations from the General Assembly Compensation Commission, the Governor's Salary Commission, and the Judicial Compensation Commission; reapportionment plans for General Assembly membership required after every decennial census; and amendments to the U.S. Constitution submitted for ratification.
INTRODUCTION OF BILL (1st Reading of Bill)
COMMITTEES Senate Standing Committees & House Standing Committees.
Corridor, House Office Building, Maryland, April 2019. Photo by Diane F. Evartt.
The fate of most legislative proposals is determined within the standing committee to which they are assigned. Committees hold a public hearing on each bill or joint resolution assigned to them. During session, the Department of Legislative Services issues a weekly hearing schedule so that those interested may testify for or against proposed legislation. The Department of Legislative Services prepares a fiscal and policy analysis for each bill, and these fiscal and policy notes are considered during committee deliberations. To gauge a bill's economic impact on small business, the Department of Legislative Services (since 1997) also prepares an economic analysis and rating for each proposal introduced by a member of the General Assembly. At the committee hearing, testimony usually is heard from the bill's sponsor and other proponents and opponents of the bill. Testimony and further consideration may result in amendments to the bill made by the committee. The final vote of the committee is recorded by member, and may be favorable (with or without amendment), unfavorable, or without recommendation. Having been "voted out of committee," the bill now returns to the floor of its chamber of origin accompanied by a report of committee action. Select Committees. Bills having a purely local impact are referred to select committees. A select committee usually is composed of a county's delegation in the House or its senators, with other members appointed as necessary to make up the minimum number of three. Counties without home rule keep their select committees busy.
CONSIDERATION OF COMMITTEE REPORT (2nd Reading of Bill)
FLOOR VOTE ON BILL (3rd Reading of Bill)
SECOND CHAMBERAfter passage by the first chamber, the bill is sent to the opposite chamber, has its first reading, and is assigned to a committee for consideration. The procedure followed is identical with that of the first chamber except that amendments may be proposed during second and third readings. If not amended in the second chamber, final passage may occur without reprinting.
If the amendments are rejected, the amending chamber may be asked to withdraw its amendments. If it refuses, either chamber may request that a conference committee be appointed to resolve the differences between the two chambers.
CONFERENCE COMMITTEE
CONSENT CALENDAR All bills passed by the General Assembly become law when signed by the Governor, or when passed over the Governor's veto by three-fifths of the membership of each house. According to the Constitution, laws thus approved take effect on the first day of June after the session in which they were passed, except when a later date is specified in the act, or the bill is declared an emergency measure. For many years, most laws took effect July 1. During the 1992 Session, however, October 1 began to be used as the standard effective date for legislation, coinciding with the start of the federal government's fiscal year. Emergency bills, passed by three-fifths of the total number of members of each house, become law immediately upon their approval by the Governor. All passed bills, except the budget bill and constitutional amendments, must be presented to the Governor within twenty days following adjournment of a session. The Governor may veto such bills within thirty days after presentation. If a passed bill is not vetoed, it becomes law. The budget bill, however, becomes law upon its final passage and cannot be vetoed. Constitutional amendments also cannot be vetoed; they become law only upon their ratification by the voters at the next general election. The power to override a veto rests with the General Assembly. If the Governor vetoes a bill during a regular session, the General Assembly immediately considers the Governor's veto message. If the Governor vetoes a bill presented after the session, the veto message must be considered immediately at the next regular or special session of the legislature. The General Assembly may not override a veto during the first year of a new legislative term since the bill would have been passed by the previous legislature (Const., Art. II, sec. 17). A three-fifths vote of the elected membership of both chambers is necessary to override a veto. Search the Manual � Copyright September 14, 2022 Maryland State Archives Page 2Bill Ferguson, President
HOUSE OF DELEGATES
GENERAL ASSEMBLY
Adrienne A. Jones, House Speaker (410) 841-3800, (301) 858-3800 COMMITTEES SENATE STANDING COMMITTEES
State House, Annapolis, Maryland, February 2014. Photo by Diane F. Evartt.
House of Delegates Chamber, State House, Annapolis, Maryland, January 2018. Photo by Diane F. Evartt.
Senate |