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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 1548   View pdf image (33K)
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1548 CONSTITUTIONAL CONVENTION OF MARYLAND [Dec. 1]

are not a significant number of these in
any ten year period, and by and large the
House and Senate do not conduct their
business by the grand inquest basis, but
upon the full house and committee basis;
so we have provided therefore for the at-
tendance of witnesses, the testimony of wit-
nesses, and the submission of documents.

You will note that we have dropped out
a sentence from the Constitutional Com-
mission draft having to do with fair treat-
ment. We believe that such is implicit in
the section generally. We believe the con-
stitutional guaranties of the federal gov-
ernment will provide this as well, and also
we believed at the time we wrote this that
the Committee on Personal Rights and
Preamble would be submitting language
which would take care of the situation.

The section providing that each house
may punish a member for disorderly or dis-
respectful behavior continues. The ma-
jority method is changed here and the ex-
pulsion. In brief, this is the same except
that the constitutional majority is no
longer required.

Turning to the next section on "Quorum,"
"A majority of all the members of each
house shall constitute a quorum for the
transaction of business in each house, but
a smaller number may adjourn from day
to day."

We dropped out the language that mem-
bers may be compelled to attend, because
we felt it was anachronistic and other pro-
posals would be accomplished by rule which
would accomplish the same thing.

Turning to the section on "Form of Laws,"
I would say that there is going to be an
amendment offered to section 3.15 to take
care of the exception which the Commit-
tee on State Finance and Taxation is going
to provide for the supplementary budget
bill. By and large section 3.15 follows ex-
isting Maryland Constitution requirements
that the style of law shall be enacted by
the General Assembly of Maryland, and, of
course, the legislature can enact no law
except by bill.

"Every law enacted by the General
Assembly shall embrace only one subject,
which shall be described in its title. No
law nor section of law shall be revived or
amended by reference to its title or sec-
tion only, nor shall any law be con-
strued by reason of its title to grant
powers or confer rights which are not
expressly contained in the body of the
act."

I might say that we spent quite some
time in the Committee to eliminate those
cases that go to the Court of Appeals
which challenge laws on the basis that they
have not been completely described in the
title. However, after considerable discus-
sion it was decided that we would continue
with the traditional Maryland practice of
requiring that the title be as descriptive
as possible.

Section 3.16, "Consideration of Bills," is
somewhat different from the present ar-
rangement. It is the same with respect to
the first sentence: "A bill may originate
in either house of the General Assembly
and be altered, amended, or rejected by the
other."

Here is where we now depart from pres-
ent practice.

"Except during the first four days of a
special session, no vote on final passage of
a bill shall be taken until the bill shall be
prepared in final form. No vote on final
passage of a bill shall be taken until the
fifth calendar day after its introduction in
the house of origin and until the second
calendar day after it reaches the second
house, except upon the affirmative vote of
three-fifths of all the members present and
voting, a quorum being present, of the
house in which suspension is requested."

Traditionally the General Assembly oper-
ates by considering a bill on the first, sec-
ond, and third reading. We have decided
to eliminate this and to attempt to provide
the guaranties for public scrutiny and
knowledge by providing that the bill must
be in the legislature for a designated num-
ber of days, so that it will not be possible
under 3.16, as it has been presented, to
suspend the rules as can be done now, and
really pass the bill both in the House and
the Senate on a single day.

We feel that the provisions holding the
bill in both the House and the Senate for
a minimum number of days accomplishes
more aptly the purpose of the requirement,
which is presently in our Constitution: A
bill shall have three readings in each house
and the various time sequence required on
different days, unless there be a suspension
of the rules.

We have also permitted in line 42 of
section 3.16 that: "The General Assembly
may provide by law that bills shall be
continued for two consecutive regular ses-
sions within a term of the General Assem-
bly."

This would mean during the first year
of the term of the General Assembly if a



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 1548   View pdf image (33K)
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