MARYLAND CONSTITUTION
ARTICLE III
LEGISLATIVE DEPARTMENT
Art. III §1 | COMPOSITION OF THE MARYLAND LEGISLATURE
Art. III §2 | MEMBERSHIP OF THE SENATE AND HOUSE OF DELEGATES
Art. III §3 | LEGISLATIVE DISTRICTS FOR SENATE AND HOUSE ELECTIONS
Art. III §4 | CRITERIA FOR LEGISLATIVE DISTRICT FORMATION
Art. III §5 | DECENNIAL CENSUS AND LEGISLATIVE REDISTRICTING PROCESS
The Governor shall present the plan to the President of the Senate and Speaker of the House of Delegates who shall introduce the Governor's plan as a joint resolution to the General Assembly, not later than the first day of its regular session in the second year following every census, and the Governor may call a special session for the presentation of the plan prior to the regular session. The plan shall conform to Sections 2, 3 and 4 of this Article. Following each decennial census the General Assembly may by joint resolution adopt a plan setting forth the boundaries of the legislative districts for the election of members of the Senate and the House of Delegates, which plan shall conform to Sections 2, 3 and 4 of this Article. If a plan has been adopted by the General Assembly by the 45th day after the opening of the regular session of the General Assembly in the second year following every census, the plan adopted by the General Assembly shall become law. If no plan has been adopted by the General Assembly for these purposes by the 45th day after the opening of the regular session of the General Assembly in the second year following every census, the Governor's plan presented to the General Assembly shall become law (amended by Chapter 82, Acts of 2021, ratified Nov. 8, 2022).
Upon petition of any registered voter, the Supreme Court of Maryland shall have original jurisdiction to review the legislative districting of the State and may grant appropriate relief, if it finds that the districting of the State is not consistent with requirements of either the Constitution of the United States of America, or the Constitution of Maryland (amended by Chapter 226, Acts of 1949, ratified Nov. 7, 1950; Chapter 99, Acts of 1956, ratified Nov. 6, 1956; Chapter 785, Acts of 1969, ratified Nov. 3, 1970; Chapter 363, Acts of 1972, ratified Nov. 7, 1972; Chapter 681, Acts of 1977, ratified Nov. 7, 1978; Chapter 82, Acts of 2021, ratified Nov. 8, 2022).
Art. III §6 | ELECTION AND TERM OF GENERAL ASSEMBLY MEMBERS
Art. III §7 | SCHEDULE FOR LEGISLATIVE ELECTIONS
Art. III §8 | VACANT PROVISION
Art. III §9 | ELIGIBILITY CRITERIA FOR SENATORS AND DELEGATES
(2) has resided therein for at least one year next preceding that date, and
(3) if the district that the person has been chosen to represent has been established for at least six months prior to the date of the person's election, has resided in that district for six months next preceding that date amd, beginnning January 1, 2024, has maintained a primary place of abode in that district for six months next preceding that date (amended by Chapter 808, Acts of 2021, ratified Nov. 8, 2022).
A person is eligible to serve as a Senator, if the person has attained the age of twenty-five years, or as a Delegate, if the person has attained the age of twenty-one years, on the date of the person's election (amended by Chapter 880, Acts of 1974, ratified Nov. 5, 1974; Chapter 681, Acts of 1977, ratified Nov. 7, 1978; Chapter 808, Acts of 2021).
Art. III §10 | ELIGIBILITY RULES FOR SENATORS AND DELEGATES
Art. III §11 | RESTRICTIONS ON CIVIL OFFICE HOLDERS AS LEGISLATORS
Art. III §12 | ACCOUNTABILITY OF PUBLIC MONEY HOLDERS
Art. III §13 | PROCEDURES FOR FILLING LEGISLATIVE VACANCIES
(2) If a name is not submitted by the Central Committee within thirty days after the occurrence of the vacancy, the Governor within another period of fifteen days shall appoint a person, who shall be affiliated with the same political party, if any as was that of the Delegate or Senator, whose office is to be filled, at the time of the last election or appointment of the vacating Delegate or Senator, and who is otherwise properly qualified to hold the office of Delegate or Senator in the District or County.
(3) In the event there is no Central Committee in the County or District from which said vacancy is to be filled, the Governor shall within fifteen days after the occurrence of such vacancy appoint a person, from the same political party, if any, as that of the vacating Delegate or Senator, at the time of the last election or appointment of the vacating Senator or Delegate, who is otherwise properly qualified to hold the office of Delegate or Senator in such District or County.
(4) In every case when any person is so appointed by the Governor, his appointment shall be deemed to be for the unexpired term of the person whose office has become vacant.
(2) If the vacancy occurs in a district which has boundaries comprising a portion of one county, the Central Committee of that county shall submit the name of a resident of the district.
(3) If the vacancy occurs in a district which has boundaries comprising a portion or all of two or more counties, the Central Committee of each county involved shall have one vote for submitting the name of a resident of the district; and if there is a tie vote between or among the Central Committees, the list of names there proposed shall be submitted to the Governor, and he shall make the appointment from the list (amended by Chapter 584, Acts of 1935, ratified Nov. 3, 1936; Chapter 162, Acts of 1966, ratified Nov. 8, 1966; Chapter 681, Acts of 1977, ratified Nov. 7, 1978; Chapter 649, Acts of 1986, ratified Nov. 4, 1986).
Art. III §14 | CONVENING OF THE GENERAL ASSEMBLY
Art. III §15 | DURATION AND EXTENSIONS OF LEGISLATIVE SESSIONS
(2) Any compensation and allowances paid to members of the General Assembly shall be as established by a commission known as the General Assembly Compensation Commission. The Commission shall consist of nine members, five of whom shall be appointed by the Governor, two of whom shall be appointed by the President of the Senate, and two of whom shall be appointed by the Speaker of the House of Delegates. Members of the General Assembly and officers and employees of the Government of the State of Maryland or of any county, city, or other governmental unit of the State shall not be eligible for appointment to the Commission. Members of the Commission shall be appointed for terms of four years commencing on June 1 of each gubernatorial election year. Members of the Commission are eligible for re-appointment. Any member of the Commission may be removed by the Governor prior to the expiration of his term for official misconduct, incompetence, or neglect of duty. The members shall serve without compensation but shall be reimbursed for expenses incurred in carrying out their responsibilities under this section. Decisions of the Commission must be concurred in by at least five members.
(3) Within 15 days after the beginning of the regular session of the General Assembly in 1974 and within 15 days after the beginning of the regular session in each fourth year thereafter, the Commission by formal resolution shall submit its determinations for compensation and allowances to the General Assembly. The General Assembly may reduce or reject, but shall not increase any item in the resolution. The resolution, with any reductions that shall have been concurred in by joint resolution of the General Assembly, shall take effect and have the force of law as of the beginning of the term of office of the next General Assembly. Rates of compensation and pensions shall be uniform for all members of the General Assembly, except that the officers of the Senate and the House of Delegates may receive higher compensation as determined by the General Assembly Compensation Commission. The provisions of the Compensation Commission resolution shall continue in force until superseded by any succeeding resolution.
(4) In no event shall the compensation and allowances be less than they were prior to the establishment of the Compensation Commission (amended by Chapter 695, Acts of 1941, ratified Nov. 3, 1942; Chapter 497, Acts of 1947, ratified Nov. 2, 1948; Chapter 161, Acts of 1964, ratified Nov. 3, 1964; Chapter 576, Acts of 1970, ratified Nov. 3, 1970; Chapter 541, Acts of 1976, ratified Nov. 2, 1976; Chapter 681, Acts of 1977, ratified Nov. 7, 1978).
Art. III §16 | PROHIBITION OF NON-BUSINESS PURCHASES DURING SESSIONS
Art. III §17 | INELIGIBILITY FOR CERTAIN OFFICES DURING LEGISLATIVE TERMS
Art. III §18 | LEGISLATIVE IMMUNITY FOR DEBATE STATEMENTS
Art. III §19 | QUALIFICATIONS, RULES, AND DISCIPLINE OF MEMBERS
Art. III §20 | QUORUM REQUIREMENTS FOR LEGISLATIVE BUSINESS
Art. III §21 | OPEN DOORS FOR LEGISLATIVE COMMITTEES
Art. III §22 | JOURNALING AND RECORDING OF LEGISLATIVE PROCEEDINGS
Art. III §23 | PUNISHMENT FOR DISRESPECTFUL OR OBSTRUCTIVE BEHAVIOR
Art. III §24 | GRAND INQUEST POWERS OF THE HOUSE OF DELEGATES
Art. III §25 | LIMITS ON HOUSE ADJOURNMENT WITHOUT CONSENT
Art. III §26 | IMPEACHMENT POWERS AND TRIAL PROCEDURES
Art. III §27 | RULES FOR INTRODUCTION AND READING OF BILLS
(b) Each House may adopt by rule a "consent calendar" procedure permitting bills to be read and voted upon as a single group on first, second and third readings, provided that the members of each House are afforded reasonable notice of the bills to be placed upon each "consent calendar." Upon the objection of any member, any bill in question shall be removed from the "consent calendar" (amended by Chapter 497, Acts of 1912, ratified Nov. 4, 1913; Chapter 616, Acts of 1955, ratified Nov. 6, 1956; Chapter 161, Acts of 1964, ratified Nov. 3, 1964; Chapter 576, Acts of 1970, ratified Nov. 3, 1970; Chapter 369, Acts of 1972, ratified Nov. 7, 1972; Chapter 793, Acts of 1988, ratified Nov. 8, 1988).
Art. III §28 | FINAL PASSAGE REQUIREMENTS FOR BILLS
Art. III §29 | STRUCTURE AND SCOPE OF MARYLAND LAWS
Art. III §30 | PRESENTATION AND APPROVAL OF BILLS
Art. III §31 | EFFECTIVE DATES FOR ENACTED LAWS
Art. III §32 | TREASURY WITHDRAWALS AND REPORTING OF EXPENDITURES
Art. III §33 | RESTRICTION ON LOCAL OR SPECIAL LAWS
Art. III §34 | LIMITATIONS ON CONTRACTING STATE DEBT
Art. III §35 | PROHIBITIONS ON EXTRA COMPENSATION FOR PUBLIC OFFICERS
Art. III §35A | INCOME TAX APPLICABILITY TO PUBLIC OFFICER SALARIES
Art. III §36 | AUTHORIZATION OF LOTTERIES OPERATED BY THE STATE
Art. III §37 | VACANT ARTICLE
Art. III §38 | PROHIBITION OF IMPRISONMENT FOR DEBT
Art. III §39 | TRANSPARENCY AND REGULATION OF BANKING ACCOUNTS
Art. III §40 | JUST COMPENSATION FOR TAKEN PRIVATE PROPERTY
Art. III §40A | IMMEDIATE TAKING OF PROPERTY FOR PUBLIC USE
Art. III §40B | CONDEMNATION PROCEDURES FOR HIGHWAY NEEDS
Art. III §40C | CONDEMNATION FOR WATER SUPPLY AND SEWERAGE IN PRINCE GEORGE'S COUNTY
Art. III §40D | VACANT ARTICLE
Art. III §41 | VACANT ARTICLE
Art. III §42 | VACANT ARTICLE
Art. III §43 | PROTECTION OF WIFE'S PROPERTY FROM HUSBAND'S DEBTS
Art. III §44 | PROTECTION OF DEBTORS’ PROPERTY FROM EXECUTION
Art. III §45 | UNIFORM CHARGES IN CLERK AND REGISTRAR OFFICES
Art. III §46 | HANDLING GRANTS AND DONATIONS FROM THE UNITED STATES
Art. III §47 | VACANT ARTICLE
Art. III §48 | RESTRICTIONS AND REQUIREMENTS FOR CORPORATE CHARTERS
Art. III §49 | REGULATIONS FOR ELECTIONS AND VOTING PROCEDURES
Art. III §50 | PENALTIES FOR BRIBERY AMONG PUBLIC OFFICIALS
Art. III §51 | TAXATION OF PERSONAL PROPERTY AND MORTGAGES
Art. III §52 | BUDGET PROCEDURES AND APPROPRIATIONS BY THE GENERAL ASSEMBLY
(2) Every appropriation bill shall be either a Budget Bill, or a Supplementary Appropriation Bill, as hereinafter provided.
(3) On the third Wednesday in January in each year, (except in the case of a newly elected Governor, and then not later than ten days after the convening of the General Assembly), unless such time shall be extended by the General Assembly, the Governor shall submit to the General Assembly a Budget for the next ensuing fiscal year. Each Budget shall contain a complete plan of proposed expenditures and estimated revenues for said fiscal year and shall show the estimated surplus or deficit of revenues at the end of the preceding fiscal year. Accompanying each Budget shall be a statement showing:
(b) the current assets, liabilities, reserves and surplus or deficit of the State;
(c) the debts and funds of the State;
(d) an estimate of the State's financial condition as of the beginning and end of the preceding fiscal year;
(e) any explanation the Governor may desire to make as to the important features of the Budget and any suggestions as to methods for reduction or increase of the State's revenue (amended by Chapter 725, Acts of 1955, ratified Nov. 6, 1956; Chapter 161, Acts of 1964, ratified Nov. 3, 1964).
(b) for the Executive Department;
(c) for the Judiciary Department, as provided by law, as certified to the Governor;
(d) to pay and discharge the principal and interest of the debt of the State in conformity with Section 34 of Article III of the Constitution, and all laws enacted in pursuance thereof;
(e) for the salaries payable by the State and under the Constitution and laws of the State;
(f) for the establishment and maintenance throughout the State of a thorough and efficient system of public schools in conformity with Article 8 of the Constitution and with the laws of the State; and
(g) for such other purposes as are set forth in the Constitution or laws of the State (amended by Chapter 20, Acts of 1952, ratified Nov. 4, 1952; Chapter 62, Acts of 1990, ratified Nov. 6, 1990).
(5a) The Budget and the Budget Bill as submitted by the Governor to the General Assembly shall have a figure for the total of all proposed appropriations and a figure for the total of all estimated revenues available to pay the appropriations, and the figure for total proposed appropriations shall not exceed the figure for total estimated revenues. Neither the Governor in submitting an amendment or supplement to the Budget Bill nor the General Assembly in amending the Budget Bill shall thereby cause the figure for total proposed appropriations to exceed the figure for total estimated revenues, including any revisions, and in the Budget Bill as enacted the figure for total estimated revenues always shall be equal to or exceed the figure for total appropriations (added by Chapter 745, Acts of 1973, ratified Nov. 5, 1974).
(6) The General Assembly shall not amend the Budget Bill so as to affect either the obligations of the State under Section 34 of Article III of the Constitution, or the provisions made by the laws of the State for the establishment and maintenance of a system of public schools or the payment of any salaries required to be paid by the State of Maryland by the Constitution (amended by Chapter 373, Acts of 1972, ratified Nov. 7, 1972).
(6a) In enacting a balanced Budget Bill each fiscal year as required under this Section, the General Assembly may amend the bill by increasing or diminishing the items therein relating to the General Assembly, and by increasing or diminishing the items therein relating to the Judiciary, but except as hereinbefore specified, may not alter the said bill except to strike out or reduce items therein, provided, however, that the salary or compensation of any public officer shall not be decreased during the public officer's term of office. When passed by both Houses, the Budget Bill shall be presented to the Governor for approval or disapproval according to Section 17 of Article II of this Constitution (added by Chapter 645, Acts of 2020, ratified Nov. 3, 2020).
(6b) In enacting a balanced Budget Bill as required under this Section for Fiscal Year 2024 and each fiscal year thereafter, the General Assembly may amend the bill by increasing, diminishing, or adding items therein relating to the General Assembly, by increasing, diminishing, or adding items therein relating to the Judiciary, and by increasing, diminishing, or adding items relating to the Executive Department, provided that the total of the appropriation for the Executive Department approved by the General Assembly does not exceed the total proposed appropriation for the Executive Department submitted by the Governor. The salary or compensation of any public officer may not be decreased during the public officer's term of office. When passed by both Houses, the Budget Bill shall be a law immediately without further action by the Governor (added by Chapter 645, Acts of 2020, ratified Nov. 3, 2020).
(7) The Governor and such representatives of the executive departments, boards, officers and commissions of the State expending or applying for State's moneys, as have been designated by the Governor for this purpose, shall have the right, and when requested by either House of the General Assembly, it shall be their duty to appear and be heard with respect to any Budget Bill during the consideration thereof, and to answer inquiries relative thereto (amended by Chapter 159, Acts of 1916, ratified Nov. 7, 1916; Chapter 497, Acts of 1947, ratified Nov. 2, 1948).
(8) Supplementary Appropriation Bill. Either House may consider other appropriations but both Houses shall not finally act upon such appropriations until after the Budget Bill has been finally acted upon by both Houses, and no such other appropriation shall be valid except in accordance with the provisions following:
(c) No Supplementary Appropriation Bill shall become a law unless it be passed in each House by a vote of a majority of the whole number of the members elected, and the yeas and nays recorded on its final passage;
(d) Each Supplementary Appropriation Bill shall be presented to the Governor of the State as provided in Section 17 of Article 2 of the Constitution and thereafter all the provisions of said section shall apply (amended by Chapter 416, Acts of 1966, ratified Nov. 8, 1966).
(10) If the Budget Bill shall not have been finally acted upon by the Legislature seven days before the expiration of the regular session, the Governor shall issue a proclamation extending the session for some further period as may, in the Governor's judgment, be necessary for the passage of such bill; but no other matter than such bill shall be considered during such extended session except a provision for the cost thereof (amended by Chapter 576, Acts of 1970, ratified Nov. 3, 1970; Chapter 82, Acts of 2021, ratified Nov. 8, 2022).
(11) For the purpose of making up the Budget, the Governor shall require from the proper State officials (including all executive departments, all executive and administrative offices, bureaus, boards, commissions and agencies that expend or supervise the expenditure of, and all institutions applying for State moneys and appropriations) such itemized estimates and other information, in such form and at such times as directed by the Governor. An estimate for a program required to be funded by a law which will be in effect during the fiscal year covered by the Budget and which was enacted before July 1 of the fiscal year prior to that date shall provide a level of funding not less than that prescribed in the law. The estimates for the Legislative Department, certified by the presiding officer of each House, of the Judiciary, as provided by law, certified by the Chief Justice of the Supreme Court of Maryland, and for the public schools, as provided by law, shall be transmitted to the Governor, in such form and at such times as directed by the Governor, and shall be included in the Budget without revision (amended by Chapter 971, Acts of 1978, ratified Nov. 7, 1978; Chapter 62, Acts of 1990, ratified Nov. 6, 1990; Chapter 82, Acts of 2021, ratified Nov. 8, 2022).
(12) The Governor may provide for public hearings on all estimates and may require the attendance at such hearings of representatives of all agencies, and for all institutions applying for State moneys. After such public hearings the Governor may, in the Governor's discretion, revise all estimates except those for the legislative and judiciary departments, and for the public schools, as provided by law, and except that the Governor may not reduce an estimate for a program below a level of funding prescribed by a law which will be in effect during the fiscal year covered by the Budget, and which was enacted before July 1 of the fiscal year prior thereto (amended by Chapter 971, Acts of 1978, ratified Nov. 7, 1978; Chapter 82, Acts of 2021, ratified Nov. 8, 2022).
(13) The General Assembly may, from time to time, enact such laws not inconsistent with this section, as may be necessary and proper to carry out its provisions.
(14) In the event of any inconsistency between any of the provisions of this Section and any of the other provisions of the Constitution, the provisions of this Section shall prevail. But nothing herein shall in any manner affect the provisions of Section 34 of Article 3 of the Constitution or of any laws heretofore or hereafter passed in pursuance thereof, or be construed as preventing the Governor from calling extraordinary sessions of the General Assembly, as provided by Section 16 of Article 2, or as preventing the General Assembly at such extraordinary sessions from considering any emergency appropriation or appropriations (amended by Chapter 159, Acts of 1916, ratified Nov. 7, 1916; Chapter 497, Acts of 1947, ratified Nov. 2, 1948).
(15) If any item of any appropriation bill passed under the provisions of this Section shall be held invalid upon any ground, such invalidity shall not affect the legality of the bill or of any other item of such bill or bills.
Art. III §53 | TRANSPORTATION TRUST FUND REGULATIONS
(b) Except as provided in subsection (e) of this section, the funds in the Transportation Trust Fund may be used only:
(2) After meeting debt service requirements for transportation bonds, for any lawful purpose related to the construction and maintenance of an adequate highway system in the State or any other purpose related to transportation.
(d) This section does not apply to:
(2) A transfer of funds in the Transportation Trust Fund to the Maryland Transportation Authority or the Maryland Transportation Authority Fund.
(2) The General Assembly, by legislation passed on a yea and nay vote supported by three-fifths of all the members elected to each of the two houses of the General Assembly, concurs with the use or transfer of the funds.
Art. III §54 | PROHIBITION OF COUNTY DEBT FOR INTERNAL IMPROVEMENTS
Art. III §55 | GUARANTEE OF THE WRIT OF HABEAS CORPUS
Art. III §56 | LEGISLATIVE AUTHORITY TO EXECUTE CONSTITUTIONAL POWERS
Art. III §57 | LEGAL RATE OF INTEREST
Art. III §58 | TAXATION ON REVENUES OF FOREIGN CORPORATIONS
Art. III §59 | BAN ON STATE PENSION COMMISSIONER AND PENSION SYSTEM
Art. III §60 | PROVISIONS FOR SUSPENSION OF SENTENCE AND PAROLE
(b) for any form of the indeterminate sentence in criminal cases, and
(c) for the release upon parole in whatever manner the General Assembly may prescribe, of convicts imprisoned under sentence for crimes (added by Chapter 453, Acts of 1914, ratified Nov. 2, 1915).
Art. III §61 | AUTHORIZATION FOR URBAN RENEWAL PROJECTS
(2) To sell, lease, convey, transfer or otherwise dispose of any of said land or property, regardless of whether or not it has been developed, redeveloped, altered or improved and irrespective of the manner or means in or by which it may have been acquired, to any private, public or quasi public corporation, partnership, association, person or other legal entity.
All land or property needed, or taken by the exercise of the power of eminent domain, by any county or any municipal corporation for any of the aforementioned purposes or in connection with the exercise of any of the powers which may be granted pursuant to this Section is hereby declared to be needed or taken for public uses and purposes. Any or all of the activities authorized pursuant to this section shall constitute governmental functions undertaken for public uses and purposes and the power of taxation may be exercised, public funds expended and public credit extended in furtherance thereof.
(b) The General Assembly may grant to any county or any municipal corporation, by public local law, any and all additional power and authority necessary or proper to carry into full force and effect any and all of the specific powers authorized by this section and to fully accomplish any and all of the purposes and objects contemplated by the provisions of this section, provided such additional power or authority is not inconsistent with the terms and provisions of this section or with any other provision or provisions of the Constitution of Maryland.
(c) The General Assembly of Maryland, by public local law, may establish or authorize the establishment of a public body or agency to undertake in a county or municipal corporation (other than Baltimore City) the activities authorized by this section, and may provide that any or all of the powers, except the power of taxation, herein authorized to be granted to such county or municipal corporation shall be vested in such public body or agency or in any existing public body or agency.
(d) The General Assembly may place such other and further restrictions or limitations on the exercise of any of the powers provided for in this section, as it may deem proper and expedient.
(e) The provisions of this section are independent of, and shall in no way affect, the powers granted under Article XIB of the Constitution of Maryland, title "City of Baltimore - Land Development and Redevelopment." Also, the power provided in this section for the General Assembly to enact public local laws authorizing any municipal corporation or any county to carry out urban renewal projects prevails over the restrictions contained in Article XIA "Local Legislation" and in Article XIE "Municipal Corporations" of this Constitution (added by Chapter 444, Acts of 1959, ratified Nov. 8, 1960).
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