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budget, but the legislature or the governor
could determine the form of the budget bill.
Now, with that further statement, could
you amplify your previous statement?
DELEGATE SHERBOW: I accept that.
I think that was the understanding of our
Committee. I was thinking in terms of a
lifferent meaning of the words "form" and
'detail". But I think as you expressed it
:hat is what the Committee intended.
THE CHAIRMAN: Delegate Penniman,
lave you got the result of the colloquy?
DELEGATE PENNIMAN: Yes, sir, I
io have the results, I think, at the present
:ime.
THE CHAIRMAN: Delegate Hanson.
DELEGATE HANSON: Mr. Chairman,
I was sitting here in sublime complacency
until I heard this explained.
One thing still troubles me. In budgeting
there is not very much distinction, I think,
that can be made between form and sub-
stance, because the form in which a budget
is presented very often discloses or fails to
disclose the substance of matters contained
therein. I would hope that as the Commit-
tee interprets section 8.04 as to the power
of the General Assembly to compel infor-
mation to be contained within the budget,
that this would permit within this word
"information" the General Assembly to pre-
scribe that the information be listed by
program, or if the General Assembly should
decide we should have an accrual budget,
that it would permit the General Assembly
the power to require the governor to pre-
sent that kind of information in the form
that the General Assembly needs to see it to
understand what it is that the governor is
doing in the budget.
I do not think that form and substance
relate to the sequence in which you present
the data.
THE CHAIRMAN: I would anticipate
what the legislature would do would be to
provide that the information be furnished
and not varied, and that would satisfy you,
is that correct?
DELEGATE HANSON: If that is per-
fectly clear that is what we mean by the
term "information".
THE CHAIRMAN: Very well.
Delegate Willoner.
DELEGATE WILLONER: While we are
clearing up these matters, perhaps my
amendment became unnecessary.
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THE CHAIRMAN: If we can dispose of
the amendments with short colloquies, we
will keep it going.
DELEGATE WILLONER: You referred
to line 29 in section 6.05, "as required by
law", as meaning prescribed by the legis-
lature. If that is what you mean, then my
amendment becomes unnecessary.
THE CHAIRMAN: When I said "pre-
scribed by the legislature," I meant by the
legislature by law, and that means an act
passed by the legislature and signed by the
governor, or passed by the legislature and
vetoed by the governor, but not a resolution
of the legislature.
DELEGATE WILLONER: If that is the
meaning of "required by law" on line 29,
and it does not include the rule making
power of the court, then my amendment is
not necessary.
THE CHAIRMAN: The Chair could not
conceive that there could be any other
meaning.
Is there any possible intent that the
words in line 29, "required by law", could
possibly be intended to include "required
by rule of the Court of Appeals of Mary-
land"?
DELEGATE SHERBOW: The question
was raised when it was asked earlier if the
Court of Appeals by its rule-making power
were to pass a rule which would require
that, for example, some method be found
for the payment of fees for lawyers de-
fending indigent persons, and that, in my
judgment, would have the effect of a law.
I said if the legislature then chose to
overrule that situation, they could do so.
But if they did not, that was a rule which
had the effect of law.
THE CHAIRMAN: I must confess that
the Chair is a little disturbed at that in-
terpretation, because we have certainly not
used the expression "required by law" any-
where else in the Constitution to have that
meaning, and, if so, if it is the intent of
the Committee that this means what 1
thought it meant, it might be desirable to
say "required by the General Assembly bv
law."
DELEGATE SHERBOW: This was
never discussed by the Committee. The mat-
ter has only come up as it was expressed
today. I was giving my opinion individu-
ally, stating that if this occurred, and it
was a matter that I had not contemplated
or dreamed of occurring, but if it did, there
were six or seven meanings of law before
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