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1982
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SENATE
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35
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the General Assembly was needed. As I pointed out then, the
Maryland Constitution clearly infers that any modification
to the schedule of court fees requires action by the entire
Legislature in the manner set forth in Article III. 1981
Laws of Maryland at 3327-28.
Senate Bill 408 requires schedules of court costs and
fees to be submitted to the General Assembly for approval by
joint resolution. The resolution "may adopt, modify or
reject any or all of the fees determined by the
Administrator.11 The Attorney General has again pointed out
that the power to modify proposed court costs and fees is a
lawmaking function which must follow the procedures
prescribed by the Maryland Constitution for enacting
legislation. Since the Constitution requires that bills
enacted by the General Assembly be submitted to the Governor
for approval, the modification of the schedule of costs and
fees by means of a joint resolution does not conform to the
lawmaking procedures prescribed in the Constitution since
such resolutions are not subject to gubernatorial veto.
Moreover, I believe that the power to adopt or reject
schedules of costs and fees by joint resolution amounts to
lawmaking without compliance with constitutional procedures.
This is so because the power to adopt or reject proposed
schedules implies the power to modify. An actual or
threatened disapproval of a schedule submitted by the State
Court Administrator, coupled with an invitation to resubmit
a schedule containing certain costs, fees or other terms, is
tantamount to the power to modify. I believe that such an
indirect power to modify court fee schedules suffers from
the same constitutional objections as are identified in the
letter of the Attorney General, which is attached to this
letter.
For these reasons, I have decided to veto Senate Bill
408.
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Sincerely,
Harry Hughes
Governor
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May 28, 1982
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REVISED LETTER
Honorable Harry Hughes
Governor of Maryland
State House
Annapolis, Maryland 21401
Re: Senate Bill 408
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