Maryland 2024 Regular Session

Maryland Senate Bill SB1108 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	WES MOORE, Governor Ch. 311
2	1
3		-	– 1 –
4		-	Chapter 311
5		-	(Senate Bill 1108)
6	2
7		-	AN ACT concerning
	3	+	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
	4	+	[Brackets] indicate matter deleted from existing law.
	5	+	Underlining indicates amendments to bill.
	6	+	Strike out indicates matter stricken from the bill by amendment or deleted from the law by
	7	+	amendment.
	8	+	sb1108
8	9
9		-	Carroll County – Deputy Clerk or Deputy Sheriff – Oath of Office
	10	+	SENATE BILL 1108
	11	+	D2 EMERGENCY BILL 4lr1526
	12	+	CF HB 720
	13	+	By: Carroll County Senators
	14	+	Introduced and read first time: February 4, 2024
	15	+	Assigned to: Rules
	16	+	Re–referred to: Judicial Proceedings, February 19, 2024
	17	+	Committee Report: Favorable
	18	+	Senate action: Adopted
	19	+	Read second time: February 29, 2024
10	20
11		-	FOR the purpose of requiring that every deputy clerk or deputy sheriff in Carroll County
12		-	take and sign the oath or affirmation prescribed by the Maryland Constitution; and
13		-	generally relating to oaths of office.
	21	+	CHAPTER ______
14	22
15		-	BY repealing and reenacting, with amendments,
16		-	Article – Courts and Judicial Proceedings
17		-	Section 2–104
18		-	Annotated Code of Maryland
19		-	(2020 Replacement Volume and 2023 Supplement)
	23	+	AN ACT concerning 1
20	24
21		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
22		-	That the Laws of Maryland read as follows:
	25	+	Carroll County – Deputy Clerk or Deputy Sheriff – Oath of Office 2
23	26
24		-	Article – Courts and Judicial Proceedings
	27	+	FOR the purpose of requiring that every deputy clerk or deputy sheriff in Carroll County 3
	28	+	take and sign the oath or affirmation prescribed by the Maryland Constitution; and 4
	29	+	generally relating to oaths of office. 5
25	30
26		-	2–104.
	31	+	BY repealing and reenacting, with amendments, 6
	32	+	Article – Courts and Judicial Proceedings 7
	33	+	Section 2–104 8
	34	+	Annotated Code of Maryland 9
	35	+	(2020 Replacement Volume and 2023 Supplement) 10
27	36
28		-	(a) Every auditor, clerk, sheriff, constable, commissioner, surveyor, or other
29		-	officer before he assumes the duties of his office, shall take and sign the oath or affirmation
30		-	prescribed by the Constitution.
	37	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
	38	+	That the Laws of Maryland read as follows: 12
31	39
32		-	(b) Except as provided in subsection (d) of this section, every deputy clerk or
33		-	sheriff shall take and subscribe the following oath or affirmation: “I, A.B., do swear (or
34		-	affirm) that I will not for lucre or malice delay any person applying to me for any business
35		-	belonging to the office I officiate in, and that I will not directly or indirectly ask, take, exact,
36		-	demand, or receive from or charge to any such person to my own use any fee or reward
37		-	whatsoever for any services I may do as deputy of the said office, and that in making out
38		-	the office fees I will not wittingly or willingly charge other or higher fees than are allowed
39		-	by law.”
	40	+	Article – Courts and Judicial Proceedings 13
40	41
41		-	(c) (1) In addition to the oath or affirmation required under subsection (b) of
42		-	this section, in St. Mary’s County, every deputy sheriff shall take and subscribe the
43		-	following oath or affirmation: “I, A.B., do solemnly swear (or affirm) that I will bear true
44		-	faith and allegiance to the United States of America and to the State of Maryland; that I
45		-	will serve honestly and faithfully to uphold and defend the Constitution of the United
46		-	States and the Constitution of Maryland; that I will enforce the laws of St. Mary’s County,
47		-	and the State of Maryland; and that I will obey the orders of the Sheriff and of my superior
48		-	officers according to the rules and regulations of the Sheriff’s Office, St. Mary’s County and
49		-	the State of Maryland.” Ch. 311 2024 LAWS OF MARYLAND
	42	+	2–104. 14
50	43
51		-	– 2 –
	44	+	(a) Every auditor, clerk, sheriff, constable, commissioner, surveyor, or other 15
	45	+	officer before he assumes the duties of his office, shall take and sign the oath or affirmation 16
	46	+	prescribed by the Constitution. 17
	47	+	2 SENATE BILL 1108
52	48
53		-	(2) In addition to the oath or affirmation required under subsection (b) of
54		-	this section, in Charles County, every deputy sheriff shall take and subscribe the following
55		-	oath or affirmation: “I, A.B., do solemnly swear (or affirm) that I will bear true faith and
56		-	allegiance to the United States of America and to the State of Maryland; that I will serve
57		-	honestly and faithfully to uphold and defend the Constitution of the United States and the
58		-	Constitution of Maryland; that I will enforce the laws of Charles County, and the State of
59		-	Maryland; and that I will obey the orders of the Sheriff and of my superior officers according
60		-	to the rules and regulations of the Sheriff’s Office, Charles County and the State of
61		-	Maryland.”
62	49
63		-	(d) In CARROLL COUNTY, Montgomery County, and Washington County, every
64		-	deputy clerk or deputy sheriff shall take and sign the oath or affirmation prescribed by
65		-	Article I, § 9 of the Maryland Constitution.
	50	+	(b) Except as provided in subsection (d) of this section, every deputy clerk or 1
	51	+	sheriff shall take and subscribe the following oath or affirmation: “I, A.B., do swear (or 2
	52	+	affirm) that I will not for lucre or malice delay any person applying to me for any business 3
	53	+	belonging to the office I officiate in, and that I will not directly or indirectly ask, take, exact, 4
	54	+	demand, or receive from or charge to any such person to my own use any fee or reward 5
	55	+	whatsoever for any services I may do as deputy of the said office, and that in making out 6
	56	+	the office fees I will not wittingly or willingly charge other or higher fees than are allowed 7
	57	+	by law.” 8
66	58
67		-	(e) (1) Except as authorized by Article I, § 10 of the Maryland Constitution,
68		-	every officer, except the clerk of the circuit court of a county or an appellate court, shall
69		-	take the oath before the clerk of the circuit court.
	59	+	(c) (1) In addition to the oath or affirmation required under subsection (b) of 9
	60	+	this section, in St. Mary’s County, every deputy sheriff shall take and subscribe the 10
	61	+	following oath or affirmation: “I, A.B., do solemnly swear (or affirm) that I will bear true 11
	62	+	faith and allegiance to the United States of America and to the State of Maryland; that I 12
	63	+	will serve honestly and faithfully to uphold and defend the Constitution of the United 13
	64	+	States and the Constitution of Maryland; that I will enforce the laws of St. Mary’s County, 14
	65	+	and the State of Maryland; and that I will obey the orders of the Sheriff and of my superior 15
	66	+	officers according to the rules and regulations of the Sheriff’s Office, St. Mary’s County and 16
	67	+	the State of Maryland.” 17
70	68
71		-	(2) Except as provided in Article I, § 10 of the Maryland Constitution, the
72		-	clerk of a circuit court shall take the oath before a judge of the court.
	69	+	(2) In addition to the oath or affirmation required under subsection (b) of 18
	70	+	this section, in Charles County, every deputy sheriff shall take and subscribe the following 19
	71	+	oath or affirmation: “I, A.B., do solemnly swear (or affirm) that I will bear true faith and 20
	72	+	allegiance to the United States of America and to the State of Maryland; that I will serve 21
	73	+	honestly and faithfully to uphold and defend the Constitution of the United States and the 22
	74	+	Constitution of Maryland; that I will enforce the laws of Charles County, and the State of 23
	75	+	Maryland; and that I will obey the orders of the Sheriff and of my superior officers according 24
	76	+	to the rules and regulations of the Sheriff’s Office, Charles County and the State of 25
	77	+	Maryland.” 26
73	78
74		-	(3) The clerk of an appellate court shall take the oath before the Governor.
	79	+	(d) In CARROLL COUNTY, Montgomery County, and Washington County, every 27
	80	+	deputy clerk or deputy sheriff shall take and sign the oath or affirmation prescribed by 28
	81	+	Article I, § 9 of the Maryland Constitution. 29
75	82
76		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency
77		-	measure, is necessary for the immediate preservation of the public health or safety, has
78		-	been passed by a yea and nay vote supported by three–fifths of all the members elected to
79		-	each of the two Houses of the General Assembly, and shall take effect from the date it is
80		-	enacted.
	83	+	(e) (1) Except as authorized by Article I, § 10 of the Maryland Constitution, 30
	84	+	every officer, except the clerk of the circuit court of a county or an appellate court, shall 31
	85	+	take the oath before the clerk of the circuit court. 32
81	86
82		-	Approved by the Governor, April 25, 2024.
	87	+	(2) Except as provided in Article I, § 10 of the Maryland Constitution, the 33
	88	+	clerk of a circuit court shall take the oath before a judge of the court. 34
	89	+
	90	+	(3) The clerk of an appellate court shall take the oath before the Governor. 35
	91	+
	92	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency 36
	93	+	measure, is necessary for the immediate preservation of the public health or safety, has 37
	94	+	been passed by a yea and nay vote supported by three–fifths of all the members elected to 38
	95	+	each of the two Houses of the General Assembly, and shall take effect from the date it is 39
	96	+	enacted. 40