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Aug. 6
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JOURNAL OF PROCEEDINGS
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36
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Dear Governor Hughes:
This is to advise you that we have reviewed for
constitutionality and legal sufficiency Senate Bill 408, a
bill requiring schedules of court costs and fees to be
submitted to the General Assembly for approval, disapproval
or modification by joint resolution. Although we are aware
that recent court cases in other states have held against
the legislative veto principle and that a legislative veto
case is pending before the Supreme Court, we are still
persuaded of the validity of this principle under the
Maryland Constitution.
However, Senate Bill 408, like Senate Bill 58, vetoed
following the 1981 session, contains a legislative veto
provision which we believe is unconstitutional. As we noted
in our May 5, 1981 letter on Senate Bill 58, authorization
"to modify proposed court costs and fees is much more in the
nature of lawmaking, which must follow the procedures
prescribed by the Constitution for enacting legislation."
Even though Senate Bill 408 permits such modification by the
full General Assembly, rather than by its committees, it
would nevertheless permit modification of fees and costs
without resort to lawmaking and thus, this feature of the
bill is unconstitutional. Except for this provision, we
approve the bill for constitutionality and legal
sufficiency.
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Very truly yours,
Stephen H. Sachs
Attorney General
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Senate Bill No. 408
AN ACT concerning
Court Costs - Legislative Determination Approval
FOR the purpose of revising the manner in which fees, costs,
and charges for certain State courts are set; requiring
the State Court Administrator to implement the fees,
costs and charges as set by the new procedure; and
clarifying language.
BY repealing and reenacting, with amendments,
Article - Courts and Judicial Proceedings
Section 7-102 and 7-202(a)
Annotated Code of Maryland
(1980 Replacement Volume and 1981 Supplement)
The President put the question: Shall the Bill pass,
notwithstanding the objections of the Executive
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