EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1381*
HOUSE BILL 1381
P5 CONSTITUTIONAL AMENDMENT 5lr1280
By: Delegate J. Long
Introduced and read first time: February 7, 2025
Assigned to: Rules and Executive Nominations
A BILL ENTITLED
AN ACT concerning 1
House of Delegates – Renaming 2
FOR the purpose of changing the name of the House of Delegates to be the House of 3
Representatives; and providing that the House of Representatives is the successor to 4
the House of Delegates and that the Speaker of the House of Representatives is the 5
successor to the Speaker of the House of Delegates. 6
BY proposing an amendment to the Maryland Constitution 7
Article I – Elective Franchise 8
Section 9 9
BY proposing an amendment to the Maryland Constitution 10
Article II – Executive Department 11
Section 2, 3, 4, 17, and 21A 12
BY proposing an amendment to the Maryland Constitution 13
Article III – Legislative Department 14
Section 1, 2, 3, 5, 6, 7, 9 through 15, 17, 18, 22, 24, 26, and 30 15
BY proposing an amendment to the Maryland Constitution 16
Article IV – Judiciary Department 17
Section 12, 25, and 41 18
BY proposing an amendment to the Maryland Constitution 19
Article VI – Treasury Department 20
Section 4 21
BY proposing an amendment to the Maryland Constitution 22
Article XI – City of Baltimore 23
Section 1 24
2 HOUSE BILL 1381
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
(Three–fifths of all the members elected to each of the two Houses concurring), That it be 2
proposed that the Maryland Constitution read as follows: 3
Article I – Elective Franchise 4
9. 5
Every person elected, or appointed, to any office of profit or trust, under this 6
Constitution, or under the Laws, made pursuant thereto, shall, before [he] THE PERSON 7
enters upon the duties of such office, take and subscribe the following oath, or affirmation: 8
I, ..........., do swear, (or affirm, as the case may be,) that I will support the Constitution of 9
the United States; and that I will be faithful and bear true allegiance to the State of 10
Maryland, and support the Constitution and Laws thereof; and that I will, to the best of my 11
skill and judgment, diligently and faithfully, without partiality or prejudice, execute the 12
office of .............., according to the Constitution and Laws of this State, (and, if a Governor, 13
Senator, Member of the House of [Delegates] REPRESENTATIVES , or Judge,) that I will 14
not directly or indirectly, receive the profits or any part of the profits of any other office 15
during the term of my acting as .................. 16
Article II – Executive Department 17
2. 18
An election for Governor and Lieutenant Governor, under this Constitution, shall be 19
held on the Tuesday next after the first Monday of November, in the year nineteen hundred 20
and seventy–four, and on the same day and month in every fourth year thereafter, at the 21
places of voting for [Delegates] REPRESENTATIVES to the General Assembly; and every 22
person qualified to vote for [Delegate] REPRESENTATIVE , shall be qualified and entitled 23
to vote for Governor and Lieutenant Governor; the election to be held in the same manner 24
as the election of [Delegates] REPRESENTATIVES , and the returns thereof, under seal, to 25
be addressed to the Speaker of the House of [Delegates] REPRESENTATIVES , and enclosed 26
and transmitted to the Secretary of State, and delivered to said Speaker, at the 27
commencement of the session of the General Assembly, next ensuing said election. 28
3. 29
The Speaker of the House of [Delegates] REPRESENTATIVES shall then open the 30
said Returns, in the presence of both Houses; and the persons having the highest number 31
of votes for these offices, and being constitutionally eligible, shall be the Governor and 32
Lieutenant Governor, and shall qualify, in the manner herein prescribed, on the third 33
Wednesday of January next ensuing [his] THE election OF THE GOVERNOR AND 34
LIEUTENANT GOVERNOR, or as soon thereafter as may be practicable. 35
4. 36
HOUSE BILL 1381 3
If two or more sets of persons shall have the highest and equal number of votes for 1
Governor and Lieutenant Governor, one set of them shall be chosen Governor and 2
Lieutenant Governor, by the Senate and House of [Delegates] REPRESENTATIVES ; and 3
all questions in relation to the eligibility of Governor and Lieutenant Governor, and to the 4
Returns of said election, and to the number and legality of votes therein given, shall be 5
determined by the House of [Delegates] REPRESENTATIVES ; and if the person having the 6
highest number of votes for Governor or for Lieutenant Governor or both of them, be 7
ineligible, a person or persons shall be chosen by the Senate and House of [Delegates] 8
REPRESENTATIVES in place of the ineligible person or persons. Every election of Governor 9
or of Lieutenant Governor, or both, by the General Assembly shall be determined by a joint 10
majority of the Senate and House of [Delegates] REPRESENTATIVES ; and the vote shall 11
be taken viva voce. But if two or more sets of persons shall have the highest and an equal 12
number of votes, then, a second vote shall be taken, which shall be confined to the sets of 13
persons having an equal number; and if the vote should again be equal, then the election 14
of Governor and Lieutenant Governor shall be determined by lot between those sets, who 15
shall have the highest and an equal number on the first vote. 16
17. 17
(a) To guard against hasty or partial legislation and encroachment of the 18
Legislative Department upon the co–ordinate Executive and Judicial Departments, every 19
Bill passed by the House of [Delegates] REPRESENTATIVES and the Senate, before it 20
becomes a law, shall be presented to the Governor of the State. If the Governor approves 21
the Bill, the Governor shall sign the Bill. Except for the Budget Bill, if the Governor 22
disapproves the Bill, the Governor shall return it with objections to the House in which it 23
originated, which House shall enter the objections at large on its Journal and proceed to 24
reconsider the Bill. Each House may adopt by rule a veto calendar procedure that permits 25
Bills that are to be reconsidered to be read and voted upon as a single group. The members 26
of each House shall be afforded reasonable notice of the Bills to be placed on each veto 27
calendar. Upon the objection of a member, any Bill shall be removed from the veto calendar. 28
If, after such reconsideration, three–fifths of the members elected to that House pass the 29
Bill, it shall be sent with the objections to the other House, by which it shall likewise be 30
reconsidered, and if it passes by three–fifths of the members elected to that House it shall 31
become a law. The votes of both Houses shall be determined by yeas and nays, and the 32
names of the persons voting for and against the Bill shall be entered on the Journal of each 33
House respectively. 34
(b) If any Bill presented to the Governor while the General Assembly is in session 35
is not returned by the Governor with objections within six days (Sundays excepted), the 36
Bill shall be a law in like manner as if the Governor signed it, unless the General Assembly, 37
by adjournment, prevents its return, in which case it shall not be a law. 38
(c) Any Bill presented to the Governor within six days (Sundays excepted), prior 39
to adjournment of any session of the General Assembly, or after such adjournment, shall 40
become law without the Governor’s signature unless it is vetoed by the Governor within 30 41
days after its presentment. 42 4 HOUSE BILL 1381
(d) Any Bill, except the Budget Bill, vetoed by the Governor shall be returned to 1
the House in which it originated immediately after the House has organized at the next 2
regular or special session of the General Assembly, other than in extraordinary session 3
convened under subsection (g) of this section. The Bill may then be reconsidered according 4
to the procedure specified in this section. Any Bill enacted over the veto of the Governor, or 5
any Bill which shall become law as the result of the failure of the Governor to act within 6
the time specified, shall take effect 30 days after the Governor’s veto is over–ridden, or on 7
the date specified in the Bill, whichever is later. If the Bill is an emergency measure, it 8
shall take effect when enacted. No such vetoed Bill shall be returned to the Legislature 9
when a new General Assembly of Maryland has been elected and sworn since the passage 10
of the vetoed Bill. 11
(e) Except for the Budget Bill, the Governor shall have power to disapprove of any 12
item or items of any Bills making appropriations of money embracing distinct items, and 13
the part or parts of the Bill approved shall be the law, and the item or items of 14
appropriations disapproved shall be void unless repassed according to the rules or 15
limitations prescribed for the passage of other Bills over the Executive veto. 16
(f) (1) The Governor may approve or disapprove items in the Budget Bill as 17
provided in this subsection. 18
(2) The Governor may veto only items relating to the Executive 19
Department that have been increased or added by the General Assembly. The Governor 20
may not veto any other items in the Budget Bill. 21
(3) If the Governor vetoes an item that had been increased by the General 22
Assembly and the General Assembly does not override the veto under subsection (g) of this 23
section, that item shall revert to the proposed appropriation submitted by the Governor. 24
The proposed appropriation shall then be law immediately without further action by the 25
Governor. 26
(4) If the Governor vetoes an item that had been added by the General 27
Assembly and the General Assembly does not override the veto under subsection (g) of this 28
section, that item shall be void. 29
(5) Items not disapproved by the Governor shall be law immediately 30
without further action by the Governor. 31
(g) (1) If the Governor vetoes an item in the Budget Bill, the General Assembly 32
may convene in extraordinary session within 30 days after the date of the veto to consider 33
whether to override the veto. If the General Assembly wishes to consider whether to 34
override the Governor’s veto of an item in the Budget Bill, the President of the Senate and 35
the Speaker of the House of [Delegates] REPRESENTATIVES jointly shall issue a 36
proclamation specifying the date on which to convene in extraordinary session. 37
HOUSE BILL 1381 5
(2) (i) The Budget Bill shall be returned by the Governor to the House 1
in which it originated, and each vetoed item shall be considered individually. 2
(ii) If three–fifths of the members elected to that House vote to 3
override the veto of an item, it shall be sent to the other House for consideration. 4
(iii) If three–fifths of the members of that House vote to override the 5
veto of the item, that item shall revert to the appropriation originally passed by the General 6
Assembly. The appropriation as originally passed shall then become law immediately, 7
without further action by the Governor or the General Assembly. 8
21A. 9
(a) The salaries of the Governor and Lieutenant Governor shall be as provided in 10
this section. 11
(b) The Governor’s Salary Commission is created. It consists of seven members: 12
The State Treasurer; three appointed by the President of the Senate; and three appointed 13
by the Speaker of the House of [Delegates] REPRESENTATIVES . Members of the General 14
Assembly and officers and employees of the State or a political subdivision of the State are 15
not eligible for appointment to the Commission. The members of the Commission shall elect 16
a member to be chairman, and the concurrence of at least five members is required for any 17
formal Commission action. The terms of members shall be for 4 years, except that the 18
persons first appointed to the Commission shall serve from June 1, 1977 until May 31, 19
1980. The members of the Commission are eligible for reappointment. Members shall serve 20
without compensation but shall be reimbursed for expenses incurred in carrying out 21
responsibilities under this section. 22
(c) Within ten days after the commencement of the regular session of the General 23
Assembly in 1978, and within ten days after the commencement of the regular session of 24
the General Assembly each fourth year thereafter, the Commission shall make a written 25
recommendation to the Governor, Lieutenant Governor, and other members of the General 26
Assembly as to the salary of the Governor and Lieutenant Governor. 27
(d) The recommendation shall be introduced as a joint resolution in each House 28
of the General Assembly not later than the fifteenth day of the session. The General 29
Assembly may amend the joint resolution to decrease the recommended salaries, but may 30
not amend the joint resolution to increase the recommended salaries. If the General 31
Assembly fails to adopt a joint resolution in accordance with this section within 50 days 32
after its introduction, the salaries recommended by the Commission shall apply. If the 33
General Assembly amends the joint resolution in accordance with this section, the salaries 34
specified in the joint resolution, as amended, shall apply. If the Commission recommends 35
no salary change, a joint resolution shall not be introduced. 36
(e) The Commission may not recommend salaries lower than that received by the 37
incumbent Governor at the time the recommendation is made; and the General Assembly 38 6 HOUSE BILL 1381
may not amend the joint resolution to provide for salaries lower than that received by the 1
incumbent Governor and Lieutenant Governor. 2
(f) A change in salary resulting from either Commission recommendation or 3
amended joint resolution under this section shall take effect at the beginning of the next 4
ensuing term of the Governor and Lieutenant Governor. 5
(g) Commission inaction or failure of the Commission to meet the requirements 6
of this section with respect to proposing a change in salary for the Governor and Lieutenant 7
Governor shall result in no change in salary. 8
Article III – Legislative Department 9
1. 10
The Legislature shall consist of two distinct branches; a Senate, and a House of 11
[Delegates] REPRESENTATIVES , and shall be styled the General Assembly of Maryland. 12
2. 13
The membership of the Senate shall consist of forty–seven (47) Senators. The 14
membership of the House of [Delegates] REPRESENTATIVES shall consist of one hundred 15
forty–one (141) [Delegates] REPRESENTATIVES . 16
3. 17
The State shall be divided by law into legislative districts for the election of members 18
of the Senate and the House of [Delegates] REPRESENTATIVES . Each legislative district 19
shall contain one (1) Senator and three (3) [Delegates] REPRESENTATIVES . Nothing 20
herein shall prohibit the subdivision of any one or more of the legislative districts for the 21
purpose of electing members of the House of [Delegates] REPRESENTATIVES into three 22
(3) single–member [delegate] REPRESENTATIVE districts or one (1) single–member 23
[delegate] REPRESENTATIVE district and one (1) multi –member [delegate] 24
REPRESENTATIVE district. 25
5. 26
Following each decennial census of the United States and after public hearings, the 27
Governor shall prepare a plan setting forth the boundaries of the legislative districts for 28
electing of the members of the Senate and the House of [Delegates] REPRESENTATIVES . 29
The Governor shall present the plan to the President of the Senate and Speaker of 30
the House of [Delegates] REPRESENTATIVES who shall introduce the Governor’s plan as 31
a joint resolution to the General Assembly, not later than the first day of its regular session 32
in the second year following every census, and the Governor may call a special session for 33
the presentation of the plan prior to the regular session. The plan shall conform to Sections 34 HOUSE BILL 1381 7
2, 3 and 4 of this Article. Following each decennial census the General Assembly may by 1
joint resolution adopt a plan setting forth the boundaries of the legislative districts for the 2
election of members of the Senate and the House of [Delegates] REPRESENTATIVES , 3
which plan shall conform to Sections 2, 3 and 4 of this Article. If a plan has been adopted 4
by the General Assembly by the 45th day after the opening of the regular session of the 5
General Assembly in the second year following every census, the plan adopted by the 6
General Assembly shall become law. If no plan has been adopted by the General Assembly 7
for these purposes by the 45th day after the opening of the regular session of the General 8
Assembly in the second year following every census, the Governor’s plan presented to the 9
General Assembly shall become law. 10
Upon petition of any registered voter, the Supreme Court of Maryland shall have 11
original jurisdiction to review the legislative districting of the State and may grant 12
appropriate relief, if it finds that the districting of the State is not consistent with 13
requirements of either the Constitution of the United States of America, or the Constitution 14
of Maryland. 15
6. 16
A member of the General Assembly shall be elected by the registered voters of the 17
legislative or [delegate] REPRESENTATIVE district from which [he] THE MEMBER seeks 18
election, to serve for a term of four years beginning on the second Wednesday of January 19
following [his] THE MEMBER’S election. 20
7. 21
The election for Senators and [Delegates] REPRESENTATIVES shall take place on 22
the Tuesday next, after the first Monday in the month of November, nineteen hundred and 23
fifty–eight, and in every fourth year thereafter. 24
9. 25
A person is eligible to serve as a Senator or [Delegate] REPRESENTATIVE , who on 26
the date of the person’s election, (1) is a citizen of the State of Maryland, (2) has resided 27
therein for at least one year next preceding that date, and (3) if the district that the person 28
has been chosen to represent has been established for at least six months prior to the date 29
of the person’s election, has resided in that district for six months next preceding that date 30
and, beginning January 1, 2024, has maintained a primary place of abode in that district 31
for six months next preceding that date. 32
If the district that the person has been chosen to represent has been established less 33
than six months prior to the date of the person’s election, then in addition to (1) and (2) 34
above, the person shall have resided in the district for as long as it has been established 35
and, beginning January 1, 2024, shall have maintained a primary place of abode in the 36
district for as long as it has been established. 37
8 HOUSE BILL 1381
A person is eligible to serve as a Senator, if the person has attained the age of 1
twenty–five years, or as a [Delegate] REPRESENTATIVE , if the person has attained the 2
age of twenty–one years, on the date of the person’s election. 3
10. 4
No member of Congress, or person holding any civil, or military office under the 5
United States, shall be eligible as a Senator, or [Delegate] REPRESENTATIVE ; and if any 6
person shall after [his] THE PERSON ’S election as Senator, or [Delegate] 7
REPRESENTATIVE , be elected to Congress, or be appointed to any office, civil, or military, 8
under the Government of the United States, [his] THE PERSON’S acceptance thereof, shall 9
vacate [his] THE PERSON’S seat; except that a Senator or [Delegate] REPRESENTATIVE 10
may be a member of a reserve component of the armed forces of the United States or a 11
member of the militia of the United States or this State. 12
11. 13
No person holding any civil office of profit, or trust, under this State shall be eligible 14
as Senator or [Delegate] REPRESENTATIVE ; however, a Senator or [Delegate] 15
REPRESENTATIVE may be a nonelected law enforcement officer or a fire or rescue squad 16
worker. 17
12. 18
No Collector, Receiver, or Holder of public money shall be eligible as Senator or 19
[Delegate] REPRESENTATI VE, or to any office of profit, or trust, under this State, until 20
[he] THE COLLECTOR, RECEIVER, OR HOLDER shall have accounted for, and paid into 21
the Treasury all sums on the books thereof, charged to, and due by [him] THE 22
COLLECTOR, RECEIVER, OR HOLDER. 23
13. 24
(a) (1) In case of death, disqualification, resignation, refusal to act, expulsion, 25
or removal from the county or city for which [he] THE PERSON shall have been elected, of 26
any person who shall have been chosen as a [Delegate] REPRESENTATIVE or Senator, or 27
in case of a tie between two or more such qualified persons, the Governor shall appoint a 28
person to fill such vacancy from a person whose name shall be submitted to [him] THE 29
GOVERNOR in writing, within thirty days after the occurrence of the vacancy, by the 30
Central Committee of the political party, if any, with which the [Delegate] 31
REPRESENTATIVE or Senator, so vacating, had been affiliated, at the time of the last 32
election or appointment of the vacating Senator or [Delegate] REPRESENTATIVE , in the 33
County or District from which he or she was appointed or elected, provided that the 34
appointee shall be of the same political party, if any, as was that of the [Delegate] 35
REPRESENTATIVE or Senator, whose office is to be filled, at the time of the last election 36
or appointment of the vacating [Delegate] REPRESENTATIVE or Senator, and it shall be 37 HOUSE BILL 1381 9
the duty of the Governor to make said appointment within fifteen days after the submission 1
thereof to [him] THE GOVERNOR. 2
(2) If a name is not submitted by the Central Committee within thirty days 3
after the occurrence of the vacancy, the Governor within another period of fifteen days shall 4
appoint a person, who shall be affiliated with the same political party, if any as was that of 5
the [Delegate] REPRESENTA TIVE or Senator, whose office is to be filled, at the time of the 6
last election or appointment of the vacating [Delegate] REPRESENTATIVE or Senator, and 7
who is otherwise properly qualified to hold the office of [Delegate] REPRESENTATIVE or 8
Senator in the District or County. 9
(3) In the event there is no Central Committee in the County or District 10
from which said vacancy is to be filled, the Governor shall within fifteen days after the 11
occurrence of such vacancy appoint a person, from the same political party, if any, as that 12
of the vacating [Delegate] REPRESENTATIVE or Senator, at the time of the last election 13
or appointment of the vacating Senator or [Delegate] REPRESENTATIVE , who is otherwise 14
properly qualified to hold the office of [Delegate] REPRESENTATIVE or Senator in such 15
District or County. 16
(4) In every case when any person is so appointed by the Governor, [his] 17
THE appointment OF THE SENATOR OR REPRESENTATIVE shall be deemed to be for the 18
unexpired term of the person whose office has become vacant. 19
(b) In addition, and in submitting a name to the Governor to fill a vacancy in a 20
Legislative or [Delegate] REPRESENTATIVE district, as the case may be, in any of the 21
twenty–three counties of Maryland, the Central Committee or committees shall follow 22
these provisions: 23
(1) If the vacancy occurs in a district having the same boundaries as a 24
county, the Central Committee of the county shall submit the name of a resident of the 25
district. 26
(2) If the vacancy occurs in a district which has boundaries comprising a 27
portion of one county, the Central Committee of that county shall submit the name of a 28
resident of the district. 29
(3) If the vacancy occurs in a district which has boundaries comprising a 30
portion or all of two or more counties, the Central Committee of each county involved shall 31
have one vote for submitting the name of a resident of the district; and if there is a tie vote 32
between or among the Central Committees, the list of names there proposed shall be 33
submitted to the Governor, and [he] THE GOVERNOR shall make the appointment from 34
the list. 35
14. 36
10 HOUSE BILL 1381
The General Assembly shall meet on the second Wednesday of January, nineteen 1
hundred and seventy–one, and on the same day in every year thereafter, and at no other 2
time, unless convened by joint proclamation of the President of the Senate and the Speaker 3
of the House of [Delegates] REPRESENTATIVES under Section 17(g) of Article II of this 4
Constitution or by Proclamation of the Governor. The Governor shall issue a Proclamation 5
convening the General Assembly in extraordinary session if a majority of the members 6
elected to the Senate and a majority of the members elected to the House of [Delegates] 7
REPRESENTATIVES join in a petition to the Governor requesting that the Governor 8
convene the General Assembly in extraordinary session, and the Governor shall convene 9
the General Assembly on the date specified in the petition. This section does not affect the 10
Governor’s power to convene the General Assembly in extraordinary session pursuant to 11
Section 16 of Article II of this Constitution. 12
15. 13
(1) The General Assembly may continue its session so long as in its judgment the 14
public interest may require, for a period not longer than ninety days in each year. The 15
ninety days shall be consecutive unless otherwise provided by law. The General Assembly 16
may extend its session beyond ninety days, but not exceeding an additional thirty days, by 17
resolution concurred in by a three–fifths vote of the membership in each House. When the 18
General Assembly is convened by Proclamation of the Governor, the session shall not 19
continue longer than thirty days, but no additional compensation other than mileage and 20
other allowances provided by law shall be paid members of the General Assembly for special 21
session. 22
(2) Any compensation and allowances paid to members of the General Assembly 23
shall be as established by a commission known as the General Assembly Compensation 24
Commission. The Commission shall consist of nine members, five of whom shall be 25
appointed by the Governor, two of whom shall be appointed by the President of the Senate, 26
and two of whom shall be appointed by the Speaker of the House of [Delegates] 27
REPRESENTATIVES . Members of the General Assembly and officers and employees of the 28
Government of the State of Maryland or of any county, city, or other governmental unit of 29
the State shall not be eligible for appointment to the Commission. Members of the 30
Commission shall be appointed for terms of four years commencing on June 1 of each 31
gubernatorial election year. Members of the Commission are eligible for re–appointment. 32
Any member of the Commission may be removed by the Governor prior to the expiration of 33
[his] THE MEMBER ’S term for official misconduct, incompetence, or neglect of duty. The 34
members shall serve without compensation but shall be reimbursed for expenses incurred 35
in carrying out their responsibilities under this section. Decisions of the Commission must 36
be concurred in by at least five members. 37
(3) Within 15 days after the beginning of the regular session of the General 38
Assembly in 1974 and within 15 days after the beginning of the regular session in each 39
fourth year thereafter, the Commission by formal resolution shall submit its 40
determinations for compensation and allowances to the General Assembly. The General 41
Assembly may reduce or reject, but shall not increase any item in the resolution. The 42 HOUSE BILL 1381 11
resolution, with any reductions that shall have been concurred in by joint resolution of the 1
General Assembly, shall take effect and have the force of law as of the beginning of the 2
term of office of the next General Assembly. Rates of compensation and pensions shall be 3
uniform for all members of the General Assembly, except that the officers of the Senate and 4
the House of [Delegates] REPRESENTATIVES may receive higher compensation as 5
determined by the General Assembly Compensation Commission. The provisions of the 6
Compensation Commission resolution shall continue in force until superseded by any 7
succeeding resolution. 8
(4) In no event shall the compensation and allowances be less than they were 9
prior to the establishment of the Compensation Commission. 10
17. 11
No Senator or [Delegate] REPRESENTATIVE , after qualifying as such, 12
notwithstanding [he] THE SENATOR OR REPRESENTATIVE may thereafter resign, shall 13
during the whole period of time, for which [he] THE SENATOR OR REPRESENTATIVE was 14
elected, be eligible to any office, which shall have been created, or the salary, or profits of 15
which shall have been increased, during such term. 16
18. 17
No Senator or [Delegate] REPRESENTATIVE shall be liable in any civil action, or 18
criminal prosecution, whatever, for words spoken in debate. 19
22. 20
Each House shall keep a Journal of its proceedings, and cause the same to be 21
published. The yeas and nays of members on any question, shall at the call of any five of 22
them in the House of [Delegates] REPRESENTATIVES , or one in the Senate, be entered on 23
the Journal. 24
24. 25
The House of [Delegates] REPRESENTATIVES may inquire, on the oath of 26
witnesses, into all complaints, grievances and offenses, as the Grand Inquest of the State, 27
and may commit any person, for any crime, to the public jail, there to remain, until 28
discharged by due course of Law. They may examine and pass all accounts of the State, 29
relating either to the collection or expenditure of the revenue, and appoint auditors to state 30
and adjust the same. They may call for all public, or official papers and records, and send 31
for persons, whom they may judge necessary in the course of their inquiries, concerning 32
affairs relating to the public interest, and may direct all office bonds which shall be made 33
payable to the State, to be sued for any breach thereof; and with a view to the more certain 34
prevention, or correction of the abuses in the expenditures of the money of the State, the 35
General Assembly shall create, at every session thereof, a joint Standing Committee of the 36
Senate and House of [Delegates] REPRESENTATIVES , who shall have power to send for 37 12 HOUSE BILL 1381
persons, and examine them on oath, and call for Public, or Official Papers and Records, and 1
whose duty it shall be to examine and report upon all contracts made for printing 2
stationery, and purchases for the Public offices, and the Library, and all expenditures 3
therein, and upon all matters of alleged abuse in expenditures, to which their attention 4
may be called by resolution of either House of the General Assembly. 5
26. 6
The House of [Delegates] REPRESENTA TIVES shall have the sole power of 7
impeachment in all cases; but a majority of all the members elected must concur in the 8
impeachment. All impeachments shall be tried by the Senate, and when sitting for that 9
purpose, the Senators shall be on oath, or affirmation, to do justice according to the law and 10
evidence; but no person shall be convicted without the concurrence of two–thirds of all the 11
Senators elected. 12
30. 13
Every bill, when passed by the General Assembly, and sealed with the Great Seal, 14
shall be presented by the presiding officer of the House in which it originated to the 15
Governor for the Governor’s approval. All bills passed during a regular or special session 16
shall be presented to the Governor for the Governor’s approval no later than 20 days after 17
adjournment. Within 30 days after presentment, if the Governor approves the bill, the 18
Governor shall sign the same in the presence of the presiding officers and Chief Clerks of 19
the Senate and House of [Delegates] REPRESENTATIVES . Every Law shall be recorded in 20
the office of the Supreme Court of Maryland, and in due time, be printed, published and 21
certified under the Great Seal, to the several Courts, in the same manner as has been 22
heretofore usual in this State. 23
Article IV – Judiciary Department 24
12. 25
In case of any contested election for Judges, Clerks of the Courts of Law, and 26
Registers of Wills, the Governor shall send the returns to the House of [Delegates] 27
REPRESENTATIVES , which shall judge of the election and qualification of the candidates 28
at such election; and if the judgment shall be against the one who has been returned elected, 29
or the one who has been commissioned by the Governor, the House of [Delegates] 30
REPRESENTATIVES shall order a new election within thirty days. 31
25. 32
There shall be a Clerk of the Circuit Court for each County and Baltimore City, who 33
shall be elected by a plurality of the qualified voters of said County or City, and shall hold 34
[his] THE office for four years from the time of [his] THE election, and until [his] THE 35
CLERK OF THE CIRCUIT COURT’S successor is elected and qualified, and be re–eligible, 36
subject to be removed for [wilful] WILLFUL neglect of duty or other misdemeanor in office, 37 HOUSE BILL 1381 13
on conviction in a Court of Law. In case of a vacancy in the office of Clerk of a Circuit Court, 1
the Judges of that Court may fill the vacancy until the general election for [Delegates] 2
REPRESENTATIVES to the General Assembly, to be held next thereafter, when a successor 3
shall be elected for the term of four years. 4
41. 5
There shall be a Register of Wills in each county of the State, and the City of 6
Baltimore, to be elected by the legal and qualified voters of said counties and city, 7
respectively, who shall hold [his] THE office for four years from the time of [his] THE 8
election OF THE REGISTER OF WILLS and until [his] THE successor OF THE REGISTER 9
OF WILLS is elected and qualified; [he] THE REGISTER OF WILLS shall be re–eligible, 10
and subject at all times to removal for willful neglect of duty, or misdemeanor in office in 11
the same manner that the Clerks of the Courts are removable. In the event of any vacancy 12
in the office of the Register of Wills, said vacancy shall be filled by the Judges of the 13
Orphans’ Court, in which such vacancy occurs, until the next general election for 14
[Delegates] REPRESENTATIVES to the General Assembly when a Register OF WILLS 15
shall be elected to serve for four years thereafter. 16
Article VI – Treasury Department 17
4. 18
The Treasurer shall render [his] THE TREASURER’S Accounts, quarterly, to the 19
Comptroller; and shall publish, monthly, in such newspapers as the Governor may direct, 20
an abstract thereof, showing the amount of cash on hand, and the place, or places of deposit 21
thereof; and on the third day of each regular session of the legislature, [he] THE 22
TREASURER shall submit to the Senate and House of [Delegates] REPRESENTATIVES 23
fair and accurate copies of all Accounts by [him] THE TREASURER, from time to time, 24
rendered and settled with the Comptroller. [He] THE TREASURER shall, at all times, 25
submit to the Comptroller the inspection of the money in [his] THE hands OF THE 26
TREASURER, and perform all other duties that shall be prescribed by Law. 27
Article XI – City of Baltimore 28
1. 29
The Inhabitants of the City of Baltimore, qualified by Law to vote in said city for 30
members of the House of [Delegates] REPRESENTATIVES , shall on the fourth Wednesday 31
of October, eighteen hundred and sixty–seven, and on the same day in every fourth year 32
thereafter, elect a person to be Mayor of the City of Baltimore, who shall have such 33
qualifications, receive such compensation, discharge such duties, and have such powers as 34
are now, or may hereafter be prescribed by Law; and the term of whose office shall 35
commence on the first Monday of November succeeding [his] THE MAYOR’S election, and 36
shall continue for four years, and until [his] THE MAYOR’S successor shall have qualified; 37
and [he] THE MAYOR shall be ineligible for the term next succeeding that for which [he] 38 14 HOUSE BILL 1381
THE MAYOR was elected. 1
SECTION 2. AND BE IT FURTHER ENACTED, That, as provided in this Act: 2
(a) The House of Representatives is the successor to the House of Delegates. 3
(b) The Speaker of the House of Representatives is the successor to the Speaker 4
of the House of Delegates. 5
(c) In every law, executive order, rule, regulation, policy, or document created by 6
an official, an employee, or a unit of this State, the names and titles of those units and 7
officials mean the names and titles of the successor unit or official. 8
SECTION 3. AND BE IT FURTHER ENACTED, That nothing in this Act affects the 9
term of office of an appointed or elected member of any commission, office, department, 10
agency, or other unit. An individual who is a member of a unit on the effective date of this 11
Act shall remain a member for the balance of the term to which appointed or elected unless 12
the member sooner dies, resigns, or is removed under provisions of law. 13
SECTION 4. AND BE IT FURTHER ENACTED, That any transaction or 14
employment status affected by or flowing from any change of nomenclature or any statute 15
amended by this Act and validly entered into or existing before the effective date of this Act 16
and every right, duty, or interest flowing from a statute amended by this Act remains valid 17
after the effective date of this Act and may be terminated, completed, consummated, or 18
enforced as required or allowed by any statute amended by this Act as though the 19
amendment had not occurred. If a change in nomenclature involves a change in name or 20
designation of any State unit, the successor unit shall be considered in all respects as 21
having the powers and obligations granted the former unit. 22
SECTION 5. AND BE IT FURTHER ENACTED, That: 23
(a) The continuity of every commission, office, department, agency, or other unit 24
is retained. 25
(b) The personnel, records, files, furniture, fixtures, and other properties and all 26
appropriations, credits, assets, liabilities, and obligations of each retained unit are 27
continued as the personnel, records, files, furniture, fixtures, properties, appropriations, 28
credits, assets, liabilities, and obligations of the unit under the laws enacted by this Act. 29
SECTION 6. AND BE IT FURTHER ENACTED, That letterhead, business cards, 30
and other documents reflecting the renaming of the House of Delegates to be the House of 31
Representatives, and the renaming of the Speaker of the House of Delegates to be the 32
Speaker of the House of Representatives, may not be used until all letterhead, business 33
cards, and other documents already in print and reflecting the name of the House of 34
Delegates and Speaker of the House of Delegates before the effective date of this Act have 35
been used. 36
HOUSE BILL 1381 15
SECTION 7. AND BE IT FURTHER ENACTED, That the publisher of the 1
Annotated Code of Maryland, in consultation with and subject to the approval of the 2
Department of Legislative Services, shall correct, with no further action required by the 3
General Assembly, cross–references and terminology rendered incorrect by this Act. The 4
publisher shall adequately describe any correction that is made in an editor’s note following 5
the section affected. 6
SECTION 8. AND BE IT FURTHER ENACTED, That the General Assembly 7
determines that the amendment to the Maryland Constitution proposed by Section 1 of this 8
Act affects multiple jurisdictions and that the provisions of Article XIV, § 1 of the Maryland 9
Constitution concerning local approval of constitutional amendments do not apply. 10
SECTION 9. AND BE IT FURTHER ENACTED, That the amendment to the 11
Maryland Constitution proposed by Section 1 of this Act shall be submitted to the qualified 12
voters of the State at the next general election to be held in November 2026 for adoption or 13
rejection in accordance with Article XIV of the Maryland Constitution. At that general 14
election, the vote on the proposed amendment to the Constitution shall be by ballot, and on 15
each ballot there shall be printed the words “For the Constitutional Amendment” and 16
“Against the Constitutional Amendment”, as now provided by law. Immediately after the 17
election, all returns shall be made to the Governor of the vote for and against the proposed 18
amendment, as directed by Article XIV of the Maryland Constitution, and further 19
proceedings had in accordance with Article XIV. 20