EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0730*
HOUSE BILL 730
Q7 CONSTITUTIONAL AMENDMENT 3lr1981
By: Delegates Fisher, Adams, Arentz, Baker, Buckel, Chisholm, Ciliberti, Ghrist,
Grammer, Griffith, Hartman, Hornberger, Howard, Hutchinson, Jacobs,
R. Long, Mangione, McComas, Miller, M. Morgan, T. Morgan, Nawrocki,
Otto, Rose, Schmidt, Szeliga, Tomlinson, and Wivell
Introduced and read first time: February 8, 2023
Assigned to: Ways and Means
A BILL ENTITLED
AN ACT concerning 1
Constitutional Amendment – Alteration of Rate of Taxation – Legislation by 2
General Assembly Required 3
FOR the purpose of prohibiting the General Assembly from providing, by law, for the 4
alteration of the rate of a State tax in a certain manner; and prohibiting a certain 5
alteration to a rate of State tax from taking effect unless the General Assembly, by 6
legislation passed in a certain manner, explicitly approves the new tax rate. 7
BY proposing an addition to the Maryland Constitution 8
Article III – Legislative Department 9
Section 62 10
Preamble 11
WHEREAS, The motor fuel tax, among other taxes current or proposed, is indexed 12
to inflation, resulting in permanent and periodic tax increases without a vote by the 13
members of the Maryland General Assembly; and 14
WHEREAS, It is the solemn responsibility of each member of the Maryland General 15
Assembly to have a recorded vote each time that a tax is to be increased or decreased; and 16
WHEREAS, It is the intent of this amendment to the Maryland Constitution to 17
require the members of the Maryland General Assembly to vote each time that a tax 18
increase or decrease occurs, regardless of whether the tax is indexed to inflation; now, 19
therefore, 20
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMB LY OF MARYLAND, 21
(Three–fifths of all the members elected to each of the two Houses concurring), That it be 22 2 HOUSE BILL 730
proposed that the Maryland Constitution read as follows: 1
Article III – Legislative Department 2
62. 3
(A) THE GENERAL ASSEMBLY MAY NOT, BY LAW, PROVIDE FOR THE 4
AUTOMATIC ALTERATION OF THE RA TE OF AN EXISTING STATE TAX BASED ON 5
INFLATION OR FORMULA . 6
(B) AN INCREASE OR DECREA SE OF A RATE OF A STATE TAX, INCLUDING AN 7
ALTERATION OF THE RATE OF AN EXISTING TAX BASED ON INFLATION OR FORMULA , 8
MAY NOT TAKE EFFECT AND SHALL BE DEEMED NULL AND VOID UNLESS THE 9
GENERAL ASSEMBLY, BY LEGISLATION PASSE D BY A YEA AND NAY VOTE, 10
EXPLICITLY APPROVES THE NEW TAX RATE. 11
SECTION 2. AND BE IT FURTHER ENACTED, That the General Assembly 12
determines that the amendment to the Maryland Constitution proposed by Section 1 of this 13
Act affects multiple jurisdictions and that the provisions of Article XIV, § 1 of the Maryland 14
Constitution concerning local approval of constitutional amendments do not apply. 15
SECTION 3. AND BE IT FURTHER ENACTED, That the amendment to the 16
Maryland Constitution proposed by Section 1 of this Act shall be submitted to the qualified 17
voters of the State at the next general election to be held in November 2024 for adoption or 18
rejection pursuant to Article XIV of the Maryland Constitution. At that general election, 19
the vote on the proposed amendment to the Constitution shall be by ballot, and on each 20
ballot there shall be printed the words “For the Constitutional Amendment” and “Against 21
the Constitutional Amendment”, as now provided by law. Immediately after the election, 22
all returns shall be made to the Governor of the vote for and against the proposed 23
amendment, as directed by Article XIV of the Maryland Constitution, and further 24
proceedings had in accordance with Article XIV. 25