Special Session Information
Q&A

Questions and Answers from the Office of the Attorney General

On Monday, October 29, 2007 the Maryland General Assembly will begin the 30 day special session to address the budget deficit and the the hearing schedule has been posted online. Below are some commonly asked questions about the special session, along with answers from the Maryland Attorney General's Office , Office of Counsel to the General Assembly. Please visit the Governor's website for more information as things progress.

Q. Are there any limits on the length of a special session?
A. Yes. A special session called by the Governor is limited to 30 days. Maryland Constitution, Article III, §15(1). The session cannot be extended. If more time is needed, a new special session would have to be called with new bills being introduced.

Q. Can the Governor adjourn a special session after he has called it?
A. No.

Q. Can the Governor force members to attend a special session he has called?
A. No. The Constitution confers on each house the sole power to compel members to attend sessions and to punish legislators for unexcused absences. The rules of each house generally require "the leave" of the body to be absent. The decision to excuse an absence generally resides with the presiding officer.

Q. Do all members of both houses of the General Assembly have to stay in Annapolis continuously during the special session?
A. No. It is common for each house to recess or adjourn until floor votes are necessary. However, under Article III, §25 of the Maryland Constitution neither house can adjourn for more than three days without the consent of the other.

Q. If a special session is called for a particular reason, can legislation be introduced on any other subject?
A. Yes. The Governor's proclamation of a special session for a particular reason cannot limit the subject matter of legislation contained at a special session. Thus legislation can be introduced on any subject. However, it has been a common practice over the last two decades to refer legislation on other matters to the rules committee of each house where such measures have typically died.

Q. Can a standing committee consider and approve legislation before the start of a special session?
A. Yes. Committee involvement in the enactment of legislation is not mandated by the Constitution. As long as a bill receives three readings on three legislative days and passes, it can become law. Thus, the "advisory" function of a standing committee can take place either before or after the start of a special session.

Q. When a special session is called, can the General Assembly by special order delay consideration of gubernatorial vetoes until the regular 90-day session?
A. No. Article II, §17 of the Maryland Constitution requires the Governor to return a vetoed bill to the house of origin immediately after the organization of that house at the "next" regular or "special session" of the General Assembly An examination of the journals over the last 35 years shows that vetoes have been taken up at every special session held during that period. The only exception was the first Special session in May of 1985 (on the Savings and Loan Crisis). The reason a gubernatorial return of vetoes was not required at that time was because the special session was called before the deadline for the Governor to sign or veto bills.

Q. Is the Senate required to take up recess appointments during a special session? A. No. They can be taken up only at the regular session.

Q. To be immediately effective, do all bills passed at a special session have to pass as emergency bills with a 3/5ths vote?
A. No. Most revenue-raising and spending bills are exempt from the June 1 effective date for non-emergency legislation set by Article XVI, §2 of the Maryland Constitution. These can pass by a majority vote and still take effect immediately.

Q. If the Governor vetoes a bill passed at a special session, what can the General Assembly do?
A. The options are generally the same as those available during a regular session. After passage of the bill, the General Assembly could decide not to adjourn and present the bill to the Governor, who would then have six days to sign or veto the measure or allow it to become law without his signature. If the bill were vetoed, the Legislature could vote to override at that time. This option would not be available if the house adjourned or if presentment occurred after the 24 day of a 30-day special session. If the house adjourns before the veto occurs, the Governor would have to return the bill to the respective houses at the beginning of the 2008 regular session.

Q. Is campaign fundraising prohibited during a special session?
A. Section 13-235 of the Election Law Article prohibits such contributions only during a "regular" session. However, the General Assembly's Ethics Counsel has advised legislators not to schedule fundraisers during the special session "for the express purpose of coinciding with a special session".