When does a Maryland governor have to return a vetoed bill to the legislature after a special session?

Plain-English summary

Governor Harry Hughes asked the Attorney General whether he had to return bills he vetoed during a 1985 special session back to the House where they started before that special session ended. The Maryland Constitution required vetoed bills to be returned to the House of origin "immediately after said House shall have organized at the next regular or special session," but it was not clear whether a special session already underway counted as that "next session" for bills vetoed during it.

The Attorney General concluded that the Governor did not have to return the special-session vetoes during the special session itself, because the two Houses had already organized before the vetoes occurred and a special session could only last 30 days, too short a window to give the General Assembly the time the constitutional provision was meant to guarantee. Instead, the opinion held that the bills had to go back to the House of origin at the start of whichever session came next, whether that was a further special session later that year or the 1986 regular session.

Currency note

This opinion was issued in 1985. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Did the Maryland Constitution require the governor to send a vetoed bill back to the legislature the moment he vetoed it?
No. The opinion explained that Article II, §17 required the bill to go back to the House of origin "immediately after" that House organized at its "next" session, not immediately upon the veto itself.

Why couldn't the governor just return the special-session vetoes to the same special session that was already meeting?
The opinion reasoned that the Houses had already organized before the vetoes happened, and because a special session could last only 30 days under Article III, §15, treating the current session as the "next session" could leave too little time for the General Assembly to actually consider the vetoes and the governor's objections, defeating the purpose of the constitutional requirement.

Did this opinion change any earlier Maryland practice on vetoes?
The opinion built on a 1972 opinion of the office (57 Opinions of the Attorney General 101) that had already read the return requirement as mandatory, and applied that reading to the specific situation of vetoes made during a special session following a regular session.

Background and statutory framework

Article II, §17 of the Maryland Constitution required every bill to be presented to the Governor before it could become law and gave the Governor veto power over it, subject to override by a three-fifths vote of each House. Article III, §30 required bills to be presented to the Governor within 20 days of adjournment, and, under Article II, §17, a vetoed bill had to be returned to the House in which it originated "immediately after said House shall have organized at the next regular or special session of the General Assembly."

That return requirement was added to the Constitution in 1950 by Chapter 714, Laws of Maryland 1949, and revised to its then-current form in 1974 by Chapter 883, Laws of Maryland 1974. The Court of Appeals had described the requirement as "mandatory and a constitutional duty" in Maryland-National Capital Park and Planning Commission v. Randall, 209 Md. 18, 24 (1956), and a 1972 opinion of the Attorney General's office had already concluded that vetoed bills must be returned to the House of origin immediately after it organized, even though they could then be special ordered for later consideration. The opinion reasoned that because a special session could last only 30 days under Article III, §15, requiring return of the vetoes during the special session already in progress could cut short the time the General Assembly needed to weigh the vetoes and the Governor's objections, so the "next session" language was read to mean the session that first organized after the veto, not a session already underway when the veto occurred.

Citations

Statutes:

• Article II, §17 of the Maryland Constitution (presentment and veto of bills; return of vetoed bills to House of origin)
• Article III, §30 (bills must be presented to the Governor within 20 days of adjournment)
• Article III, §15 (special session limited to 30 days)
• Chapter 714, Laws of Maryland 1949 (ratified Nov. 7, 1950) (added the veto-return requirement to the Constitution)
• Chapter 883, Laws of Maryland 1974 (ratified Nov. 5, 1974) (revised the veto-return requirement to its then-current form)

Cases:

• Maryland-National Capital Park and Planning Commission v. Randall, 209 Md. 18, 24 (1956)

Source

• Landing page: https://oag.maryland.gov/resources-info/Pages/attorney-general%E2%80%99s-opinions.aspx
• Original PDF: https://oag.maryland.gov/resources-info/Documents/pdfs/Opinions/1985/Volume70_1985.pdf

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain, the linked PDF is authoritative.

GENERAL ASSEMBLY

Governor—Constitutional Law—Veto Procedures—Bills Vetoed During Special Session to be Returned to House of Origin at Next Session, Whether Special or Regular.

May 24, 1985

The Honorable Harry Hughes
Governor

We understand that during the current special session of the General Assembly, you expect to veto certain bills from the 1985 regular session. You have asked whether you are required to return these vetoed bills to the House of origin during the current special session.

For the reasons stated below, we conclude that you are not required to return these bills to the House of origin during the current special session, but that you must do so at the next session, whether that is another special session this year or the regular session of 1986.

I
Veto Procedures

Article II, §17 of the Maryland Constitution provides that before a bill becomes a law it must be presented to the Governor. Article II, §17 also reserves to the Governor a veto over these bills, which the General Assembly may override by a three-fifths vote in each House. Bills must be presented to the Governor within 20 days of adjournment. Article III, §30. Bills presented within this period become law without the signature of the Governor unless they are vetoed. Article II, §17.

Except when a new General Assembly has been elected and sworn in, "[a]ny Bill so vetoed by the Governor shall be returned to the House in which it originated, immediately after said House shall have organized at the next regular or special session of the General Assembly." Article II, §17. This requirement was originally added to the Constitution in 1950. Chapter 714, Laws of Maryland 1949 (ratified Nov. 7, 1950). It was revised to its present form in 1974. Chapter 883, Laws of Maryland 1974 (ratified Nov. 5, 1974). The Court of Appeals has characterized this requirement as "mandatory and a constitutional duty." Maryland-National Capital Park and Planning Commission v. Randall, 209 Md. 18, 24 (1956).

In interpreting this requirement, this office has concluded that, although the vetoed bills can be special ordered by the House of origin, they must be returned to that House immediately after its organization. 57 Opinions of the Attorney General 101, 104 (1972). Although the opinion noted that there was no documented history of the 1950 amendment to §17, the evident intent was to give the General Assembly ample time to consider the vetoed bills and the Governor's objections. 57 Opinions of the Attorney General at 103. This conclusion is reinforced by the 1974 amendment to §17, which has the effect of requiring that bills presented and vetoed in the last six days of a session be returned to the House of origin at the beginning of the next session rather than during the then-current session. See Chapter 883, Laws of Maryland 1974.

Clearly, if the General Assembly has already convened in a special session and the two Houses have organized themselves, bills from the preceding regular session that are vetoed during the special session cannot be returned "immediately after the organization" of the House of origin. Because a special session can only last 30 days [Article III, §15], a return of vetoed bills while such a session is in progress could defeat the purpose of giving the General Assembly sufficient time to consider the vetoed bills. Moreover, the requirement in §17 that vetoed bills be returned to the House of origin at the "next session" clearly refers to the session that first organizes after the veto of the bills, rather than a session then in progress.

II
Conclusion

In summary, it is our opinion that you are not required to return any bills from the 1985 regular session vetoed during the current special session to the House of origin during the current session. Rather, you are required to return any such bills to the House of origin at the beginning of the next ensuing session of the General Assembly, whether that is another special session or the 1986 regular session.

Stephen H. Sachs, Attorney General
Richard E. Israel, Assistant Attorney General

Avery Aisenstark
Chief Counsel
Opinions and Advice

Editor's Note: The preceding opinion was originally written as a letter of advice. Because the question addressed is potentially recurring, the letter is published here is a slightly revised format.