State v. Prince Georgians

617 A.2d 586, 329 Md. 68, 1993 Md. LEXIS 2
CourtCourt of Appeals of Maryland
DecidedJanuary 12, 1993
Docket71, September Term, 1992
StatusPublished
Cited by7 cases

This text of 617 A.2d 586 (State v. Prince Georgians) is published on Counsel Stack Legal Research, covering Court of Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Prince Georgians, 617 A.2d 586, 329 Md. 68, 1993 Md. LEXIS 2 (Md. 1993).

Opinion

KARWACKI, Judge.

We issued our writ of certiorari in this case to the Court of Special Appeals prior to that court’s consideration of an appeal from a declaratory judgment entered by the Circuit Court for Prince George’s County (Bowling, J.). The circuit court declared that Chapter 643 of the Acts of 1992 did not satisfy the mandate of Section 29 of Article III of the Maryland Constitution which requires in pertinent part, that “every law enacted by the General Assembly shall embrace but one subject.”

I.

In part, Ch. 643 would regulate political contributions from land owners and developers to members of the Prince George’s County Council and to its County Executive. Related ethics and election standards legislation affecting only Prince George’s County was the second subject of Ch. 244 of the Acts of 1989. Because those ethics provisions were inserted by amendment of a bill dealing with the taxing authority of Prince George’s County, we held in Porten Sullivan Corp. v. State, 318 Md. 387, 408, *71 568 A.2d 1111, 1121 (1990), that “[cjhapter 244 is a textbook example of legislation designed to frustrate” the one-subject requirement of Art. Ill, § 29 of the Maryland Constitution. We further held that “ethics” provisions were severable from the Act, leaving the “tax” provisions fully effective.

After we decided Porten Sullivan Corp., an “ethics” bill applicable to local elected officials in Prince George’s County, S.B. 832, was introduced in the Senate during its 1990 session. That bill passed the Senate but died in the House Constitutional and Administrative Law Committee. A similar bill amending Maryland Code (1957, 1990 Repl.Vol.) Article 33 (The Election Code) and Md.Code (1957, 1990 Repl.Vol.) Article 40A (The Maryland Public Ethics Law) was again introduced as S.B. 701 and passed the Senate during the 1992 legislative session. This bill extended its reach to the County Executive. S.B. 701 failed again in the House Constitutional and Administrative Law Committee.

Also, during the 1992 session, H.B. 937 was introduced to amend Md.Code (1957, 1990 Repl.Vol.) Article 28 (Maryland-National Capital Parks and Planning Commission Act) governing certain planning and zoning matters in Montgomery County. The bill was passed by the House and was sent to the Senate. The Senate amended H.B. 937 to include the proposed ethics and election standards contained in the failed S.B. 701, passed it and returned it to the House. H.B. 937, as amended, passed the House on the last day of the legislative session. On the advice of the Attorney General that the statute passed constitutional muster, Governor William Donald Schaefer signed the bill into law as Ch. 643 of the Acts of 1992, on May 29, 1992. The law became effective June 1, 1992.

On June 3, 1992, Prince Georgians for Glendening, a continuing committee supporting the election of Parris N. Glendening for Governor; the Maryland Candidates Slate for Good Government, a slate composed of Glendening and Ronald L. Bowers; and Parris N. Glendening, Prince George’s County Executive, filed suit in the Circuit Court *72 for Prince George’s County seeking a declaration that the ethics provision in Ch. 643 was unconstitutional. The plaintiffs sought injunctive relief against the State’s Attorney for Prince George’s County, Alexander Williams; the State Ethics Commission; the State Administrative Board of Election Laws; Prince George’s County; the Maryland-National Capital Park and Planning Commission (“MNCPPC”); the State Prosecutor; and the Clerk of the Prince George’s County Council to prevent their enforcement of Ch. 643. Subsequently, Walter H. Maloney, Jr., Robert J. Callahan, and the Prince George’s County Civic Federation, Inc. were admitted as intervenor/defendants. Mary Prangley and Stan Derevin Brown, citizens, taxpayers, voters, and contributors to the plaintiff, Prince Georgians for Glendening, intervened as plaintiffs in the action. Motions for summary judgment were filed by both the plaintiffs and defendants.

After hearing arguments from all parties, the circuit court granted the plaintiffs’ motion for summary judgment declaring that Ch. 643 of the Acts of 1992 violated the one-subject requirement of Art. Ill, § 29 of the Md. Constitution. The court also ruled that the ethics and election standards provisions were severable from Ch. 643 so that the remaining amendments to the Maryland National Capital Park and Planning Commission Act were fully effective.

II.

In Porten Sullivan Corp. v. State, supra, we reviewed extensively the history of the one-subject rule in Maryland and in the other States. Id. at 397-409, 568 A.2d at 1115-1122. There is little that we can add to Judge Adkins’ most thorough survey of the law in that case and hold that Porten Sullivan Corp. is dispositive of the instant case. In explaining for the Court the one subject rule in the context of an ethics provision wrapped within a tax measure, Judge Adkins wrote:

“But at the end we come back to general statements: ‘to render a law obnoxious to the [one-subject] clause of Art. 3, sec. 29, of the Constitution ... two or more *73 dissimilar and discordant subjects must be legislated upon in the same law.’ And again ‘the object of this clause was to prevent the embodying into the same Act distinct and separate matters of legislation, having no connection whatever with each other.’ Are the ‘ethics’ and the ‘tax’ provisions of Chapter 244 ‘distinct and incongruous’ or ‘distinct and separate?’ This question ordinarily must be answered on a case-by-case basis, keeping in mind the reasons given to the single-subject rule:
“1. To avoid the necessity for a legislator to acquiesce in a bill he or she opposes in order to secure useful and necessary legislation; to prevent the engrafting of foreign matter on a bill, which foreign matter might not be supported if offered independently.
“2. To protect, on similar ground, a governor’s veto power.”

Id. at 407-08, 568 A.2d at 1121 (citations omitted).

III.

As originally passed by the House of Delegates, H.B. 937 was a bill which reordered the planning and zoning process in Montgomery County within the scheme set forth under Art. 28 governing the MNCPPC. The bill was entitled “An Act concerning Maryland National Capital Park and Planning Commission—Montgomery County.” The bill included changes in the planning commission appointment process; permitted administration of a historic preservation grant program in Montgomery County; clarified zoning in the incorporated municipalities within that county and the rules governing land acquisition for public purposes; provided for a system of fines; and addressed other matters related to planning and zoning in Montgomery County.

When the bill returned to the House after Senate approval, two changes had been made.

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Bluebook (online)
617 A.2d 586, 329 Md. 68, 1993 Md. LEXIS 2, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-prince-georgians-md-1993.