3328

VETOES

authority to set court fees under Article III, Section 45 of
the Maryland Constitution which grants that authority to
"The General Assembly," and Article IV, Section 10, which
states that the fees "may hereafter be regulated by Law."
Both of these grants of power explicitly infer action by the
entire Legislature in the manner set forth in Article III.

Moreover, the veto power allows an indirect route to
the same end. The power to veto under the bill implies the
power to modify because of the existence of the veto power.
By the use of an actual or threatened disapproval of a fee
schedule submitted, coupled with an invitation to resubmit a
schedule which contained fees at certain levels or other
terms, the majority of the members of one committee of the
General Assembly could effectively modify the schedule. I
believe that such an indirect power to modify court fee
schedules suffers from the same constitutional objections as
are identified in the letter of the Attorney General, which
is attached to this letter.

For these reasons I have decided to veto Senate Bill
58.

Sincerely,
Harry Hughes
Governor

May 5, 1981

Honorable Harry Hughes
Governor of Maryland
State House
Annapolis, Maryland 21404

Re: Senate Bill 58

Dear Governor Hughes:

This is to advise you that we have reviewed for
constitutionality and legal sufficiency Senate Bill 58, a
bill requiring schedules of court costs and fees to be
submitted to two legislative committees for approval,
modification or veto. Although we approve the bill as it
relates to approval or veto by legislative committees of
proposed court costs and fees, we are unable to approve the
bill as it relates to modification by legislative committees
of proposed court costs and fees.

The State Constitution clearly recognizes the authority
of the General Assembly to regulate court costs and fees by
statute. Thus, Article III, Sec. 45 provides that "The
General Assembly shall provide a simple and uniform system
of charges in the offices of Clerks of Courts ... in the
Counties ..." and Article IV, Sec. 10 provides that "The