CATEGORY "3"
This category represents those cases
where the original bill was constructively
eviscerated, and its intent and theme
incorporated into a "new" bill.
Example: Categories "2" and "3" are
best considered together since they are
perhaps the most similar, and therefore
provide the most difficult decision.
Where a filing fee was changed27 in
Senate Bill 11, 28 it involved more than
a mere semantic change, but did not
result in a "new bill." Thus we see an
example of category "2."
Contrast this with the change of a
filing fee29 in Senate Bill 12.30 Such
an amendment rah directly to the heart
of the bill which places it in category
"3."
THE CONFERENCE COMMITTEE
This category represents those cases
where the two houses were in such dis-
agreement on the issues, that a confer-
ence committee31 was formed to work
out a compromise measure for resubmis-
sion to the houses.
Example: This is shown by House
Bill 21. The bill, introduced by the
speaker of the House for the Legislative
Council, concerned the creation of a
Commission on Judicial Disabilities.
The members of this commission would
27 Id. at 728.
28 A bill which was intended to provide
strong regulation on corrupt election practices.
26 1 md. h.del. jour. 1151 (1965).
30 A bill to establish the filing fees for
primary elections.
31 This usually consists of three senators
appointed by the president of the Senate, and
three delegates appointed by the speaker of
the House. It is understood that these rep-
resentatives will speak for their respective
houses, and that an agreement here determines
the final form of the bill. The conference
committee is infrequently required in Mary-
land.
120
|
have powers and duties relating gener-
ally to the early retirement and removal
of judges. This proved to be a very con-
troversial subject. The bill was fought
all the way through the House, even
surviving the recommittal to the Com-
mittee on the Judiciary. After some
fifty-nine legislative days of deliberation,
it finally passed the House by a vote of
121 to 7.32 The Senate' changed the
qualifications of the commission mem-
bers and made the appointments by the
governor subject to the advice and con-
sent of the Senate.33 They then passed
the bill unanimously.34 The House re-
fused to concur and requested the ap-
pointment of a conference committee.35
A conference committee was ap-
pointed.36 The conference committee
reported :
". . . that, with one exception, the
three amendments proposed by the
Senate be adopted by both houses.
The exception is ... the following
language be deleted: 'by and with the
advice and consent of the Senate.' "37
The conference committee report was
adopted by the House 114 to 11,38 and
by the Senate 29 to O.39
These seven categories taken together
can be called the "Review Index." The
research procedure began with the sepa-
ration of all bills40 into state and local.
In the House three criteria were used:
title, referral to committee, and observa-
tion. The title of a bill often shows that
32 1 md. H. del. jour. 1151 (1965).
33 2 md. S. jour. 1224 (1965).
34 7d. at 1307.
35 2 md. H. del. jour. 1854 (1965).
36 2 md. S. jour. 1323 (1965).
37 Id. at 1445; 2 md. H. del. jour. 1992
(1965).
38 2 md. H. del. jour. 1992 (1965).
39 2 md. S. jour 1445 (1965).
40 12 12 House bills
678 Senate bills.
|
