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Question 2 - Constitutional Amendment

Emergency Legislation Authority of the Maryland General Assembly (HB 346, Chapter 588 - HB346 text and summary)

Authorizes the Maryland General Assembly to pass emergency laws creating or abolishing any public office or changing the terms or duties of any officer.

Summary

Emergency Legislation - Scope: Amends Section 2 of Article XVI (the Referendum) of the Constitution of Maryland to allow the General Assembly to adopt emergency laws creating or abolishing any office or changing the term or duties of any officer.

The State constitution provides that a bill may not take effect before June 1st following its enactment unless it is an emergency bill. An emergency bill is a bill that is declared necessary for the immediate preservation of the public health and safety and is passed by the General Assembly by a vote of three-fifths of the elected membership of each house. An emergency bill may take effect immediately upon approval by the Governor or at a specified date before June 1. There are several classes of legislation that the constitution prohibits from being enacted as emergency legislation: measures that create or abolish any office; change the salary, term, or duties of any officer; grant a franchise or special privilege; or create any vested right or interest.

This constitutional amendment proposes removing the limitation on the authority of the General Assembly to pass emergency laws creating or abolishing any office or changing the term or duties of any officer.

[What's new?] [Translate]

HOUSE BILL 346

CHAPTER NUMBER: 588

CONSTITUTIONAL AMENDMENT

File Code: State Government - General Assembly

 

Sponsored By:

Delegates Rosenberg and McIntosh

 

 

Entitled:

Constitutional Amendment - Emergency Legislation - Scope

 


Synopsis:

Proposing an amendment to the Maryland Constitution that would authorize the General Assembly to pass emergency laws creating or abolishing any office or changing the term or duties of any officer; and submitting the amendment to the qualified voters of the State of Maryland for their adoption or rejection.


History by Legislative Date

House Action
1/25
First Reading Commerce and Government Matters
1/30
Hearing 2/20 at 1:00 p.m.
3/4
Favorable Report by Commerce and Government Matters
3/5
Favorable Report Adopted
Second Reading Passed
3/7
Third Reading Passed (116-14)
4/1
Returned Passed
5/16
Became Law without Governor's signature per MD Constitution - Chapter 588
Senate Action
3/8
First Reading Education Health and Environmental Affairs
3/19
Hearing 3/28 at 1:00 p.m.
4/2
Favorable Report by Education Health and Environmental Affairs
3/31
Favorable Report Adopted
Second Reading Passed
4/1
Third Reading Passed (46-0)

 

Sponsored by:

 

Delegate Samuel I. Rosenberg, District 42
Delegate Maggie McIntosh, District 42

 

Bill indexed under the following Subjects:

 

ADMINISTRATIVE AGENCIES -see also- ELECTRONIC GOVERNMENT
CONSTITUTIONAL AMENDMENTS
EMERGENCIES
GENERAL ASSEMBLY -see also- AELR CMTE; LEG POLICY COMMITTEE.
LAWS AND ORDINANCES -see also- PUB LOCAL LAWS; UNIFORM LAWS.
PUBLIC OFFICIALS -see also- ATTY GEN; COMP; CO ADMIN; etc
REFERENDUM

 

Bill affects the following Statute:

 

Article - XVI The Referendum
 
( 2 )

 

Documents:

Bill Text (Displayed in Rich Text Format): First Reading, Third Reading, Enrolled

 
Fiscal Note (Displayed in Word Format): Available

 
Amendments: None offered

 
Roll Call Votes (Legislative dates are shown):
House
 
March 7, 2002: Third Reading Passed (116-14)
Senate
 
April 1, 2002: Third Reading Passed (46-0)