2812

LAWS OF MARYLAND

Ch. 971

Article III - Legislative Department
Section 52 (11) and (12)

Preamble

WHEREAS, The Court of Appeals of Maryland, in Maryland

Action for Foster Children, Inc. v. State, 27 9 Md. 133

(1977), has held that Section 52 of Article III of the
Constitution of Maryland does not authorize the General
Assembly to enact legislation (other than an appropriation
bill) which requires the Governor, in the preparation of the
annual budget, to provide for the funding of specified
programs at specified levels; and

WHEREAS, The inability of the General Assembly to
mandate minimum funding levels of State programs so
emasculates the policy-making function of the legislative
branch that it is imperative that the Constitution of
Maryland be amended so as to authorize the General Assembly
to enact legislation (other than an appropriation bill)
requiring the Governor, in the preparation of the annual
State budget, to provide for the funding of specified
programs at specified levels, contrary to the holding of the
majority opinion and consistent with the holdings of the
minority opinions in that case; now, therefore,

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, (Three-fifths of all the members elected to each
of the two Houses concurring), That it be proposed that
section(s) of the Constitution of Maryland be repealed,
amended, or added to read as follows:

Article III - Legislative Department

(11) The Governor for the purpose of making up his
Budget shall have the power, and it shall be his duty, to
require from the proper State officials, including herein
all executive departments, all executive and administrative
offices, bureaus, boards, commissions and agencies,
expending or supervising the expenditure of, and all
institutions applying for state moneys and appropriations,
such itemized estimates and other information, in such form
and at such times as he shall direct, EXCEPT THAT AN
ESTIMATE FOR A PROGRAM REQUIRED TO BE FUNDED BY A LAW WHICH
WILL BE IN EFFECT LURING THE FISCAL YEAR COVERED BY THE
BUDGET AND WHICH WAS ENACTED BEFORE JULY 1 OF THE FISCAL
YEAR PRIOR THERETO SHALL PROVIDE A LEVEL OF FUNDING NOT LESS
THAN THAT PRESCRIBED IN THE LAW. The estimates for the
Legislative Department, certified by the presiding officer
of each House, of the Judiciary, as provided by law,
certified by the Comptroller, and for the public schools, as
provided by law, shall be transmitted to the Governor, in
such form and at such times as he shall direct, and shall be

52.