HARRY HUGHES, Governor

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Clerk of the several Courts ... shall be allowed the fees,
which appertain to their several offices, as the same now
are, or may hereafter be regulated by Law." Accordingly,
this office has previously said that "The Maryland
Constitution makes it clear that the fees, charges and
compensation of court clerks are subject to the control of
the Legislature." 60 Opinions of the Attorney General 63
(1975). Quite clearly, the General Assembly can itself fix
court costs and fees by statute, as it has done with the
District Court, Courts and Judicial Proceedings Article,
Sec. 7-301. However, it can also delegate this authority,
as it has done for the appellate and circuit courts, by
authorizing the State Court Administrator to establish the
costs and fees, subject to the approval of the Board of
Public Works. Secs. 7-102 and 7-202.

Senate Bill 58 provides that the State Court
Administrator is to propose, rather than determine, court
costs and fees for the appellate and circuit courts, and
that these costs and fees are subject to approval.
modification or veto by two legislative committees, rather
than the approval of the Board of Public Works. Senate Bill
58 also authorizes the Chief Judge of the District Court to
propose changes in court costs and fees, subject, again to
the approval, modification or veto by two legislative
committees. As to the provisions for legislative approval
or veto, we conclude that these are constitutionally
permissible. However, we do not approve the provision for
modification of the costs and fees by the legislative
committees.

In an Opinion issued in 1978, it was concluded that the
Legislature could require that power which it had delegated
be exercised subject to a veto by the General Assembly or
one of its committees. 63 Opinions of the Attorney General
125. In summarizing this Opinion, we have said:

The power of the General Assembly consists of several
species of legislative power, only one of which is the
power to make laws. Another species of legislative
power is the power of oversight authority over powers
properly delegated to the Executive, including
rule-making power. In exercising this oversight
authority, we concluded that the General Assembly may
enact legislation making the exercise of rule-making
authority subject to approval by one of the Houses of
committees of the Genera] Assembly. As such approval
would not constitute the making of a law, it need not
be given by both Houses or be subject to veto by the
Governor. However, as it would be a species of
legislative power, i.e. the oversight power, its
exercise would not violate the separation of powers
provision by infringing on the power of the Executive
or Judiciary. Letter from Attorney General Sachs to
Governor Hughes concerning Senate Bill 1036 and Senate
Bill 1037, dated May 2, 1979.