GENERAL ASSEMBLY

FUNCTIONS

[black and white print, Sparrow Seal]
  • Maryland's Legislature
  • Purpose & Powers
  • Additional Powers
  • Requirements of Office
  • Terms
    • Sparrow Seal
    [photo, Senate Chamber, State House, Annapolis, Maryland]

    Senate Chamber, State House, Annapolis, Maryland, January 2018. Photo by Diane F. Evartt.

    [photo, State House, Annapolis, Maryland] MARYLAND'S LEGISLATURE
    The lawmaking powers of the State are vested in the General Assembly, which consists of two separate branches - the     Senate and the House of Delegates (Const., Art. III, sec. 1). The General Assembly has 188 members, with 47 senators and 141 delegates. One senator and three delegates are elected from each of the 47 legislative election districts. After every decennial census, legislative district boundaries are redrawn to conform to the principle of "one person/one vote".

    REQUIREMENTS OF OFFICE
    Each senator or delegate must be a citizen of Maryland and a resident for at least one year preceding the date of election. A prospective legislator must have resided for the six months prior to election in the legislative district the candidate seeks to represent. A senator must be at least twenty-five years of age at the time of election, and a delegate must be at least twenty-one.

    State House, Annapolis, Maryland, February 2014. Photo by Diane F. Evartt.

    [photo, Lighting, House Office Building, Annapolis, Maryland]

    Persons elected to or holding a civil or military office, other than as a member of a reserve component, under the federal or State government are not eligible for election to the General Assembly (Const., Art. III, secs. 9, 10, 11). All seats in the General Assembly are up for election every four years. (The next general election for members of the General Assembly will be held in November 2018.)


    Lighting, House Office Building, Maryland, April 2019. Photo by Diane F. Evartt.

    [photo, Miller Senate Office Building, 11 Bladen St., Annapolis, Maryland] TERMS
    The term of each senator and delegate is four years from the second Wednesday of January following the date of election (    Const., Art. III, sec. 6). No limit is placed on the number of terms a legislator may serve. If a vacancy occurs in either house through death, resignation, or disqualification, the Governor appoints a replacement whose name is submitted by the state central committee of the same political party as the legislator whose seat is to be filled. All persons so appointed serve for the unexpired portion of the term (Const., Art. III, sec. 13).

    Miller Senate Office Building, 11 Bladen St., Annapolis, Maryland, July 2007. Photo by Diane F. Evartt.

    PURPOSE & POWERS
    The purpose of the General Assembly is to pass laws necessary for the welfare of the State. The Legislature may establish     executive departments as needed for the efficient operation of State government and may create special taxing districts or areas within the State to administer a special function or functions. In accordance with the Constitutions of Maryland and of the United States, the General Assembly may levy taxes. It may propose State Constitutional amendments, which must be passed by three-fifths of the total membership of each house and submitted to the voters for ratification at the next general election after passage. Legislative authority is limited only by the State Constitution, the U.S. Constitution, and judicial decisions.

    [photo, State House interior dome, Annapolis, Maryland] Each house elects its own officers, judges the qualifications and election of its own members, establishes rules for the conduct of its business, and may punish or expel its own members. Legislators, however, are not liable in civil or criminal actions for words spoken in debate (Const., Art. III, secs. 18, 19). The Senate and the House of Delegates each appoint staff, such as desk officers. The Secretary of the Senate and the Chief Clerk of the House are the highest ranking staff members in their respective chambers.


    State House interior dome, Annapolis, Maryland, January 2018. Photo by Diane F. Evartt.

    [photo, House of Delegates Chamber, State House, Annapolis, Maryland] LEADERSHIP
    On the first day of a regular legislative session, the Secretary of the Senate calls the roll and conducts the election of a President Pro Tem, who in turn presides over the election of the     President of the Senate. The President Pro Tem administers the oath of office to the Senate President and thereafter carries out any duties assigned by the President. In the House of Delegates, the Chief Clerk calls the roll and proceeds with the organization of the House. A Speaker Pro Tem is elected first, who presides over the election of the Speaker of the House and administers the House Speaker's oath of office.

    House of Delegates Chamber, State House, Annapolis, Maryland, January 2018. Photo by Diane F. Evartt.

    The Senate President and House Speaker each appoint a Majority Leader with whom they consult on the selection of a Majority Whip and Deputy Majority Leader. In both House and Senate, the political party having fewer seats chooses a Minority Leader and a Minority Whip.

    Duties and prerogatives of the Senate President and House Speaker enable them to influence the legislative process significantly. The Senate President and the House Speaker appoint the members of standing committees, joint committees, conference committees, and select committees. They name the chair and vice-chair of each committee, except for the Joint Committee on Investigation whose members elect their own officers. The Senate President and House Speaker preside over the daily sessions of their respective chambers, maintaining decorum and deciding points of order. As legislation is introduced, they assign it to a standing committee for consideration and a public hearing.

    SESSIONS
    The day on which the General Assembly convenes has changed over time, as have its frequency of meetings, and the duration of its sessions.

    From 1777 to 1812, the General Assembly met annually in regular session on the first Monday in November (Constitution of 1776, sec. 23). In 1813, regular sessions changed to start on the first Monday in December (Chapter 211, Acts of 1811, confirmed by Chapter 129, Acts of 1812). By 1825, that meeting date had moved to the last Monday in December (Chapter 111, Acts of 1823, confirmed by Chapter 73, Acts of 1824). Then, from 1847 to 1949, the General Assembly convened in regular session biennially, or every two years (Chapter 269, Acts of 1845, confirmed by Chapter 306, Acts of 1846).

    Annual sessions of the General Assembly resumed in 1949, when the Legislature started meeting, in odd-numbered years, for 90-day sessions, opening on the first Wednesday in January (Chapter 497, Acts of 1947, ratified Nov. 2, 1948). In 1950, the Legislature also began to convene, in even-numbered years, for 30-day sessions, opening on the first Wednesday in February. Thereafter, from 1965, the General Assembly convened its regular sessions each year on the same day: the third Wednesday in January, but sessions were not to exceed 70 days (Chapter 161, Acts of 1964, ratified Nov. 3, 1964).

    [photo, House Office Building, 6 Bladen St., Annapolis, Maryland] Since 1971, the General Assembly has convened annually on the second Wednesday in January (Chapter 576, Acts of 1970, ratified Nov. 3, 1970). Sessions are held in the Senate and House chambers of the State House in Annapolis. Normally, sessions do not exceed ninety consecutive days. The General Assembly may extend its sessions an additional thirty days by resolution passed by three-fifths vote of the membership in each house.


    House Office Building, 6 Bladen St., Annapolis, Maryland, January 2007. Photo by Diane F. Evartt.

    The only person with the power to call the legislature into special session is the Governor. In fact, the Governor must do so on petition of a majority of the elected membership of each house (Const., Art. II, sec. 16; Art. III, sec. 14).

    No single special session may last longer than thirty days. Special sessions were constitutionally provided for at a time when the General Assembly convened every two years instead of annually. As recently as 2012, however, the Governor called the General Assembly into two special sessions.

    The Governor cannot adjourn the General Assembly, but before any proposed adjournment sine die, the General Assembly must ask if the Governor wishes to make any further communications to either house (Senate Rule 111; House Rule 111). Both houses must agree to adjourn.

    COUNTY & MUNICIPAL LEGISLATION
    The General Assembly spends considerable time dealing with local issues, ordinances, and expenditures. The Constitution adopted in 1867 kept the power to pass public local laws vested in the General Assembly. In essence, this gave control of     county government to county delegations in the General Assembly. Since 1948, however, sixteen counties and Baltimore City have opted for some form of home rule, allowing the General Assembly a more statewide focus. Power to regulate elections and to license and regulate the manufacture and sale of alcoholic beverages, however, is reserved to the General Assembly, and home rule counties are limited to exercising the powers enumerated in the Express Powers Act (Code 1957, Art. 25A, sec. 5).

    The Municipal Home Rule Amendment of 1954 virtually prohibits the General Assembly from passing local legislation for incorporated cities and towns, although the Assembly retains its power to pass a general statewide law that affects them (Const., Art. XI-E).

    REFERENDUM
    Local bills passed by the General Assembly may include a referendum provision that requires submission of the bill to voter approval. With the exception of a proposed amendment to the Constitution, a statewide bill may not be submitted by the General Assembly to referendum, because such an action has been construed by the courts to constitute a delegation of the legislature's lawmaking powers. Most statewide bills (except appropriations) and any local bill that concerns a county or Baltimore City, however, may be petitioned to a referendum by the voters. No bill subject to referendum, except an emergency bill, is enforceable until approved by a majority of the voters at the next election. An emergency bill subject to referendum goes into effect upon passage and remains effective for thirty days following its rejection by the voters (    Const., Art. XVI).

    ADDITIONAL POWERS
    The House of Delegates has sole power to impeach officers and judges of the State. A majority of all members of the House must approve any bill of impeachment. The Senate tries all impeachment cases, and two-thirds of the total number of senators must concur in reaching a verdict of guilty (    Const., Art. III, sec. 26).

    Both houses elect the State Treasurer by joint ballot. The General Assembly also elects the Governor or the Lieutenant Governor if the popular election results in a tie or the winning candidate or candidates are ineligible. If a vacancy occurs in the office of Lieutenant Governor, the Governor nominates a person to succeed to that office upon confirmation by a majority vote of all members of the General Assembly in joint session. If vacancies occur in both the offices of Governor and Lieutenant Governor at the same time, the General Assembly must convene and elect a Governor by a majority vote of all members in joint session. The chosen Governor then nominates a Lieutenant Governor requiring the same confirmation.

    The Senate President serves as acting Governor if the Lieutenant Governor is unable to do so. Should a vacancy occur in the office of Senate President while the President is authorized to serve as acting Governor, the Senate must convene and fill the vacancy (Const., Art. II, secs. 1A, 1B, 6, 7A).

    INTERIM
    Much of the work of the General Assembly takes place from May to December, in the Legislative Interim. In this period between sessions, the Legislative Policy Committee assigns standing committees and special joint committees and task forces, special areas of study for future legislation. During the Interim, joint statutory committees also continue their work in preparation for legislative proposals to follow.

    [photo, Legislative Services Building, 90 State Circle (view from Lawyers Mall), Annapolis, Maryland] SOURCES OF INFORMATION ON PROPOSED LEGISLATION
    Committee Hearings. Since 2011, Committee hearings now may be heard and seen on the web.

    Legislative Calendar.

    Legislators. A constituent's State Senator or Delegate, or the bill's sponsor often are the most effective source of information on proposed laws.

    Office of Information Systems. Under the Department of Legislative Services, the Office of Information Systems provides access to an on-line bill status system, called the Maryland Legislative Information System (MLIS) for continuously updated information.

    Legislative Services Building, 90 State Circle (from Lawyers Mall), Annapolis, Maryland, August 2010. Photo by Diane F. Evartt.

    [photo, Legislative Services Building (from College Ave.), 90 State Circle, Annapolis, Maryland] Department of Legislative Services. Library and Information Services of the Department of Legislative Services provides information about the status of bills, the legislative process, and the General Assembly. During the legislative session, the State House Information Desk (ground floor) is manned from 8:00 am to 5:00 pm weekdays, and whenever the General Assembly is in session.


    Legislative Services Building (from College Ave.), 90 State Circle, Annapolis, Maryland, January 2018. Photo by Diane F. Evartt

    During the legislative session, the Department issues daily synopses of bills introduced. Synopses note primary sponsors, committee assignment, and section of the Annotated Code of Maryland affected by the proposed law. These materials are accessible on the web from the General Assembly website. They also are issued in paper format. As with printed bills, Senate synopses are on white paper, House synopses on blue.

    Issued weekly all year, the Department's Committee Meetings and Hearing Schedule shows times and places for legislative committee meetings. It is useful especially during the legislative session, listing what bills will be heard each day.

    Synopses and hearing schedules are available online and at information desks in the State House (ground floor) and Legislative Services Building (basement). Copies of bills and joint resolutions are found at the Bill Room in the Legislative Services Building. A subscription service for bills, synopses, proceedings, and hearing schedules is available from Distribution Services.

    Each April, immediately after adjournment of the General Assembly, the Department of Legislative Services prepares The 90 Day Report. This volume gives an overview of issues considered, legislation passed, and significant bills that failed. Copies may be purchased. The Department also publishes legislative committee reports, various indexes to bills, Final Status Report of Proposed Legislation, Synopsis of Laws Enacted, journals of both Senate and House, and Laws of Maryland.

    Legislative Caucuses. Legislative caucuses track bills of interest to their members and may issue newsletters.

    Within the General Assembly, five organized caucuses are officially recognized. The earliest of these is the Legislative Black Caucus of Maryland, which was created in 1970. Thereafter, the Women Legislators of Maryland began as the Maryland Chapter of the Order of Women Legislators in 1972. Subsequently, the Maryland Veterans Caucus started in 2004, the Maryland Legislative Latino Caucus organized in 2014, and the Maryland Legislative Asian-American and Pacific-Islander Caucus formed in 2015.

    Newspapers. During a legislative session, newspapers often publish articles about bills introduced and public hearing schedules of General Assembly committees.

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