Maryland State Senate
Encyclopedia
The Maryland Senate, sometimes referred to as the Maryland State Senate, is the upper house
of the General Assembly
, the state legislature of the U.S.
state of Maryland
. Composed of 47 senators elected from an equal number of constituent single-member districts, the Senate is responsible, along with the Maryland House of Delegates
, for passage of laws in Maryland, and for confirming executive appointments made by the Governor of Maryland
.
It evolved from the upper house of the colonial assembly created in 1650 when Maryland was a proprietary colony
controlled by Cecilius Calvert
. It consisted of the Governor and members of the Governor's appointed council. With slight variation, the body to meet in that form until 1776, when Maryland, now a state independent of British
rule, passed a new constitution
that created an electoral college
to appoint members of the Senate. This electoral college was abolished in 1838 and members began to be directly elected from each county and Baltimore City. In 1972, because of a Supreme Court
decision, the number of districts was increased to 47, and the districts were balanced by population rather than being geographically determined.
To serve in the Maryland Senate, a person must be a citizen of Maryland 25 years of age or older. Elections for the 47 Senate seats are held every four years coincident with the federal election in which the President of the United States
is not elected. Vacancies are filled through appointment by the Governor. The Senate meets for three months every year; the rest of the year the work of the Senate is light and most members hold another job during this time. It has been controlled by Democrat
s for a number of years. In the 2006 election, more than two-thirds of the Senate seats were won by Democrats.
Senators elect a President to serve as presiding officer
of the legislative body, as well as a President Pro Tempore
. The President appoints chairs and membership of six standing committees, four legislative committees as well as the Executive Nominations and Rules Committees. When compared to other state legislatures in the United States, the Maryland Senate has one of the strongest presiding officers and some of the strongest committee chairs. Senators are also organized into caucuses, including party- and demographically-based caucuses. They are assisted in their work by paid staff of the non-partisan Department of Legislative Services and by partisan office staff.
This assembly first met in 1637, making it the longest continuously operating legislative body in the United States
. Originally, the assembly was unicameral, but in 1650, the Governor and his appointed council began serving as the upper house
of a now bicameral legislature. These appointees had close political and economic ties to the proprietors of the Maryland colony, Cecilius Calvert
and his descendants. Thus, the upper house in colonial times often disagreed with the lower house
, which was elected, tended to be more populist, and pushed for greater legislative power in the colony.
The upper house was briefly abolished during the English Civil War
, as Puritan
governors attempted to consolidate control and prevent the return of any proprietary influence. It was again abolished by Governor Josias Fendall
in 1660, who sought to create a colonial government based on an elected unicameral legislature like that of the Virginia colony. The position of Governor was removed from the legislature in 1675, but for the following century, its function and powers largely remained the same.
In 1776, following the signing of the Declaration of Independence
and the outbreak of the American Revolutionary War
, Maryland threw off proprietary control and established a new constitution. Under this new constitution
, the upper house of the General Assembly
first became known as the Maryland Senate. The new body consisted of fifteen Senators appointed to five-year terms by an electoral college
. The college, made up of two electors from each county and one each from the cities of Baltimore and Annapolis
, was limited in its selections only by the stipulation that nine Senators need be from the western shore and six from the eastern shore
.
The first election under the 1776 constitution took place in 1781, and the system would not change again until 1838. In the interim, a number of problems had cropped up in the appointment process, and the 1838 election saw the passage of a number of constitutional amendments that fundamentally changed how Senators were chosen. The electoral college was abolished, terms were lengthened to six years with rotating elections such that a third of the senate would be elected every two years, and a single Senator was chosen by direct election from each county and the City of Baltimore. The Senate no longer acted as the Governor's Council, although they would continue to confirm the Governor
's appointments. Constitutional changes altered this new system slightly in 1851
, when terms were shortened to four years, and 1864
, when Baltimore City was given three Senate districts rather than one, but substantial change to the structure of the Senate did not come again until 1964.
In 1964, the Supreme Court
ruled in Reynolds v. Sims
that state legislative seats must be apportioned on the principle of one man, one vote. A number of state legislatures, including Maryland, had systems based on geography rather than population, and the court rules that this violated the 14th Amendment
. Disproportionate population growth across Maryland since 1838 meant that the principle of one seat per county gave the voters of some counties, such as those on the eastern shore, disproportionate representation. Other counties, especially those in suburban areas, were underrepresented.
A special session of the legislature in 1965 changed the Senate to represent 16 districts and reapportioned the seats, again by county, but did so in such a way as to make the representation more proportional to population than it had been. Thus, the eastern shore, which had previously elected nine Senators, elected only four after 1965. This was done to preserve the ideal of having whole counties represented by a single Senator, rather than breaking counties up into multiple districts. A constitutional amendment in 1972 expanded the Senate to 47 members, elected from districts proportional to the population. These districts are reapportioned every ten years based on the United States Census
to ensure they remain proportional.
the responsibility for making laws in the state of Maryland. Bills are often developed in the period between sessions of the General Assembly by the Senate's standing committees or by individual Senators. They are then submitted by Senators to the Maryland Department of Legislative Services for drafting of legislative language. Between 2000 and 2005, an average of 907 bills was introduced in the Senate annually during the three-month legislative session. The bill is submitted, and receives the first of three constitutionally mandated readings on the floor of the Senate, before being assigned to a committee. The decision about whether legislation passes is often made in the committees. Committees can hold legislation and prevent it from reaching the Senate floor. The recommendations of committees on bills carry tremendous weight; it is rare for the Senate as a whole to approve legislation that has received a negative committee report. Once a committee has weighed in on a piece of legislation, the bill returns to the floor for second hearing, called the "consideration of committee" report, and a third hearing, which happens just before the floor vote on it.
Once passed by the Senate, a bill is sent to the House of Delegates for consideration. If the House also approves the bill without amendment, it is sent to the Governor. If there is amendment, however, the Senate may either reconsider the bill with amendments or ask for the establishment of a conference committee to work out differences in the versions of the bill passed by each chamber. Once a piece of legislation approved by both houses is forwarded to the Governor, it may either be signed or vetoed. If it is signed, it takes effect on the effective date of the legislation, usually October 1 of that year. If it is vetoed, both the Senate and the House of Delegates must vote by a three-fifths majority to overturn it. They may not, however, overturn a veto in the first year of a new term, since the bill would have been passed during the previous session. Additionally, joint resolutions and the budget bill may not be vetoed, although the General Assembly is constitutionally limited in the extent to which it may influence the latter; it may only decrease the Governor's budget proposal, not increase it.
Unlike the House of Delegates, the Senate has the sole responsibility in the state's legislative branch for confirming gubernatorial appointees to positions that require confirmation. After the Governor forwards his nomination to the Senate, the Executive Nominations Committee reviews the nominee and makes a recommendation for confirmation or rejection to the Senate as a whole. Only one gubernatorial nominee in recent history has been rejected; Lynn Buhl, nominated as Maryland Secretary of the Environment by Governor Robert Ehrlich
, was rejected over concerns about her qualifications. The Senate also has sole responsibility for trying any persons that have been impeached
by the House of Delegates. They must be sworn in before such a trial takes place, and a two-thirds majority is required for conviction of the impeached person.
Maryland's Senate consists of Senators elected from 47 Senate districts. While each Senator has the power to introduce and vote on bills and make motions on the floor, various committee
s, caucus
es, and leadership positions help to organize the work of the Senate. Senators elect a President of the Senate, who serves as the presiding officer
of the chamber. They also elect a President Pro Tempore
, who presides over the chamber when the President is absent. The President of the Maryland Senate has significant influence over legislation that passes through the body through both formal means, such as his ability to appoint committee chairs and leaders of the majority party, and informal means that are less easily defined. These powers place the President of the Maryland Senate among the strongest state legislature presiding officers in the country.
Once legislation is introduced, it is passed to one of the standing committees of the Senate. There are six such committees. As a whole, the Maryland General Assembly has fewer standing committees than any other state legislature in the United States. Each committee has between 10 and 15 members. Four of the standing committees deal primarily with legislation; the Budget and Taxation Committee, the Education, Health, and Environmental Affairs Committee, the Finance Committee, and the Judicial Proceedings Committee. The Chairs of these legislative committees have the power to determine whether their committees will hear a bill, and they therefore have significant influence over legislation. The Executive Nominations Committee manages the Senate's responsibility to confirm gubernatorial appointments and makes recommendations of approval and disapproval to the body as a whole. Lastly, the Rules Committee sets the rules and procedures of the body. It also has the power to review legislation that has been introduced by a member of the Senate after the deadline for submission, and decide whether to refer it to a standing committee or let it die. Along with serving on the Senate committees, members of the Senate also serve on a number of joint committees with members of the House of Delegates.
While the committees are established by formal Senate rules, there are a number of caucuses that exercise significant influence over the legislative process. The most powerful of these are the Democratic
Caucus and the Republican
Caucus, each of which has a leader and a whip, referred to as a majority and minority leader and whip. As Democrats currently control a majority of seats in the Senate, their leader is referred to as the Majority Leader, and their caucus is able to influence legislation to a greater extent than the Republican caucus. The Majority Leader and Minority leader are responsible for managing their party's participation in debate on the floor. Party caucuses also raise and distribute campaign money to assist their candidates. The Legislative Black Caucus of Maryland and Women Legislators of Maryland, caucuses of African-American and female Senators respectively, also play prominent roles in the Senate.
Professional services for members of the Senate and the House of Delegates are provided by the Department of Legislative Services, which is non-partisan. Individual members are also assisted by partisan staff members, and those in leadership positions have additional partisan staff. These staff members help to manage the offices of the Senators in the Miller Senate Office Building. Each Senator has one year-round administrative assistant, as well as a secretary who assists them during the legislative session. There is also an allowance given to help pay for district offices.
, may serve in the Senate, excluding those serving in the military reserves and National Guard. Similarly, no employees of the state government may serve, except for law enforcement officers, firefighters, and rescue workers.
. Party nominations are determined by primary elections. The general election for Senate seats and all other state and federal elections in the normal cycle is held on the Tuesday after the first Monday in November. Should a Senate seat become vacant in the middle of a term, because of death, illness, incapacitation, disqualification, resignation, or expulsion of a member of the Senate, that seat is filled by appointment. The Central Committee of the previous Senator's party in the county or counties in which the Senate district lies makes a recommendation to the Governor on whom to appoint to the seat. Within fifteen days of the Central Committee's recommendation being selected, the Governor must appoint that person to the vacant seat.
The 47 districts from which Senators are elected are apportioned every ten years on the basis of population. Maryland's constitution explicitly defines the process for the drawing of these districts, requiring that the Governor make a recommendation of a new electoral map and submit it for legislative approval. As of 2005, there were approximately 112,000 people in each district. Each Senate district also elects three Delegates, and incumbent Senators and Delegates will often run jointly as members of incumbent slates in their districts. It is rare, however, for an incumbent to be challenged.
As of February 2011, a majority of seats in the Maryland Senate are held by members of the Democratic Party, with 35 Democrats and 12 Republicans, greater than a two-thirds majority. This dominance is nothing new, as Democrats have had strong majorities in the chamber for decades. Democrats tend to control seats in the large population centers such as Baltimore City, Montgomery County
, and Prince George's County
, while Republicans control most seats on the Eastern Shore and in western Maryland. The chamber has also had significant numbers of women and African-Americans serve, with women averaging around 30% of the seats and African-Americans around 20%.
was serving his fifth term as President of the Senate. Nathaniel J. McFadden
, from the 45th district in Baltimore, is the President Pro Tempore. The Democratic caucus is led by Robert J. Garagiola
, the majority leader, and Lisa A. Gladden
, the majority whip. Nancy Jacobs
serves as minority leader.
, which has both gallery seating and a door open to the State House lobby, the latter being mandated by the state constitution. Seating in the Senate is by party, with the leaders of each party choosing the exact seating assignments. Each Senator has offices in Annapolis, in the Miller Senate Office Building.
A typical session of the Senate begins with a call to order by the President of the Senate. After the call to order, the previous day's journal is approved, petitions are heard, and orders involving committee and leadership appointments or changes to the rules are presented. First, readings of legislation take place. Senators are then given leeway to introduce any visitors, often people observing its deliberations from the gallery above the Senate chamber. Then the Senators consider legislation. They begin with unfinished business from the previous session, then consider legislation and special orders with accompanying reports from committees. At the discretion of the presiding officer, the Senate may adjourn at any time, unless a majority of members present object to adjournment.
Lobbying
is common in Annapolis; there are more than 700 lobbyists registered with the state. While lobbyists may spend freely on advocacy, they are limited in gifts to legislators and in their ability to contribute to campaigns. Ethics issues related to lobbyists and other matters are handled by the Joint Committee on Legislative Ethics, a twelve-member committee that includes six Senators. Members of the Senate may turn to either this committee or an ethics counsel to help them resolve questions of potential ethical conflict. Members are encouraged to avoid conflicts of interest, and are required to submit public financial disclosures to the state. In addition to employment prohibitions laid out in the state constitution, members are barred from advocating for any paying client before any part of the state government.
Upper house
An upper house, often called a senate, is one of two chambers of a bicameral legislature, the other chamber being the lower house; a legislature composed of only one house is described as unicameral.- Possible specific characteristics :...
of the General Assembly
Maryland General Assembly
The Maryland General Assembly is the state legislature of the U.S. state of Maryland. It is a bicameral body. The upper chamber, the Maryland State Senate, has 47 representatives and the lower chamber, the Maryland House of Delegates, has 141 representatives...
, the state legislature of the U.S.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
state of Maryland
Maryland
Maryland is a U.S. state located in the Mid Atlantic region of the United States, bordering Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware to its east...
. Composed of 47 senators elected from an equal number of constituent single-member districts, the Senate is responsible, along with the Maryland House of Delegates
Maryland House of Delegates
The Maryland House of Delegates is the lower house of the General Assembly, the state legislature of the U.S. state of Maryland, and is composed of 141 Delegates elected from 47 districts. The House chamber is located in the state capitol building on State Circle in Annapolis...
, for passage of laws in Maryland, and for confirming executive appointments made by the Governor of Maryland
Governor of Maryland
The Governor of Maryland heads the executive branch of the government of Maryland, and he is the commander-in-chief of the state's National Guard units. The Governor is the highest-ranking official in the state, and he has a broad range of appointive powers in both the State and local governments,...
.
It evolved from the upper house of the colonial assembly created in 1650 when Maryland was a proprietary colony
Province of Maryland
The Province of Maryland was an English and later British colony in North America that existed from 1632 until 1776, when it joined the other twelve of the Thirteen Colonies in rebellion against Great Britain and became the U.S...
controlled by Cecilius Calvert
Cecilius Calvert, 2nd Baron Baltimore
Cecilius Calvert, 2nd Baron Baltimore, 1st Proprietor and 1st Proprietary Governor of Maryland, 9th Proprietary Governor of Newfoundland , was an English peer who was the first proprietor of the Province of Maryland. He received the proprietorship after the death of his father, George Calvert, the...
. It consisted of the Governor and members of the Governor's appointed council. With slight variation, the body to meet in that form until 1776, when Maryland, now a state independent of British
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
rule, passed a new constitution
Maryland Constitution of 1776
The Maryland Constitution of 1778 was the first of four constitutions under which the U.S. state of Maryland has been governed. It was that state's basic law from its adoption in 1776 until the Maryland Constitution of 1851 took effect on July 4th of that year.-Background and drafting:The eighth...
that created an electoral college
Electoral college
An electoral college is a set of electors who are selected to elect a candidate to a particular office. Often these represent different organizations or entities, with each organization or entity represented by a particular number of electors or with votes weighted in a particular way...
to appoint members of the Senate. This electoral college was abolished in 1838 and members began to be directly elected from each county and Baltimore City. In 1972, because of a Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
decision, the number of districts was increased to 47, and the districts were balanced by population rather than being geographically determined.
To serve in the Maryland Senate, a person must be a citizen of Maryland 25 years of age or older. Elections for the 47 Senate seats are held every four years coincident with the federal election in which the President of the United States
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
is not elected. Vacancies are filled through appointment by the Governor. The Senate meets for three months every year; the rest of the year the work of the Senate is light and most members hold another job during this time. It has been controlled by Democrat
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
s for a number of years. In the 2006 election, more than two-thirds of the Senate seats were won by Democrats.
Senators elect a President to serve as presiding officer
Presiding Officer
In a general sense, presiding officer is synonymous with chairman.* The presiding officer of the United States House of Representatives is the Speaker of the United States House of Representatives...
of the legislative body, as well as a President Pro Tempore
President pro tempore
A President pro tempore is a constitutionally recognized officer of a legislative body who presides over the chamber in the absence of the normal presiding officer...
. The President appoints chairs and membership of six standing committees, four legislative committees as well as the Executive Nominations and Rules Committees. When compared to other state legislatures in the United States, the Maryland Senate has one of the strongest presiding officers and some of the strongest committee chairs. Senators are also organized into caucuses, including party- and demographically-based caucuses. They are assisted in their work by paid staff of the non-partisan Department of Legislative Services and by partisan office staff.
History
The origins of the Maryland Senate lie in the creation of an assembly during the early days of the Maryland colony.Province of Maryland
The Province of Maryland was an English and later British colony in North America that existed from 1632 until 1776, when it joined the other twelve of the Thirteen Colonies in rebellion against Great Britain and became the U.S...
This assembly first met in 1637, making it the longest continuously operating legislative body in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
. Originally, the assembly was unicameral, but in 1650, the Governor and his appointed council began serving as the upper house
Upper house
An upper house, often called a senate, is one of two chambers of a bicameral legislature, the other chamber being the lower house; a legislature composed of only one house is described as unicameral.- Possible specific characteristics :...
of a now bicameral legislature. These appointees had close political and economic ties to the proprietors of the Maryland colony, Cecilius Calvert
Cecilius Calvert, 2nd Baron Baltimore
Cecilius Calvert, 2nd Baron Baltimore, 1st Proprietor and 1st Proprietary Governor of Maryland, 9th Proprietary Governor of Newfoundland , was an English peer who was the first proprietor of the Province of Maryland. He received the proprietorship after the death of his father, George Calvert, the...
and his descendants. Thus, the upper house in colonial times often disagreed with the lower house
Lower house
A lower house is one of two chambers of a bicameral legislature, the other chamber being the upper house.Despite its official position "below" the upper house, in many legislatures worldwide the lower house has come to wield more power...
, which was elected, tended to be more populist, and pushed for greater legislative power in the colony.
The upper house was briefly abolished during the English Civil War
English Civil War
The English Civil War was a series of armed conflicts and political machinations between Parliamentarians and Royalists...
, as Puritan
Puritan
The Puritans were a significant grouping of English Protestants in the 16th and 17th centuries. Puritanism in this sense was founded by some Marian exiles from the clergy shortly after the accession of Elizabeth I of England in 1558, as an activist movement within the Church of England...
governors attempted to consolidate control and prevent the return of any proprietary influence. It was again abolished by Governor Josias Fendall
Josias Fendall
Lieutenant-General Josias Fendall, Esq. , was the 4th Proprietary Governor of Maryland. He was born in England, and came to the Province of Maryland. He was the progenitor of the Fendall family in America....
in 1660, who sought to create a colonial government based on an elected unicameral legislature like that of the Virginia colony. The position of Governor was removed from the legislature in 1675, but for the following century, its function and powers largely remained the same.
In 1776, following the signing of the Declaration of Independence
Declaration of independence
A declaration of independence is an assertion of the independence of an aspiring state or states. Such places are usually declared from part or all of the territory of another nation or failed nation, or are breakaway territories from within the larger state...
and the outbreak of the American Revolutionary War
American Revolutionary War
The American Revolutionary War , the American War of Independence, or simply the Revolutionary War, began as a war between the Kingdom of Great Britain and thirteen British colonies in North America, and ended in a global war between several European great powers.The war was the result of the...
, Maryland threw off proprietary control and established a new constitution. Under this new constitution
Maryland Constitution of 1776
The Maryland Constitution of 1778 was the first of four constitutions under which the U.S. state of Maryland has been governed. It was that state's basic law from its adoption in 1776 until the Maryland Constitution of 1851 took effect on July 4th of that year.-Background and drafting:The eighth...
, the upper house of the General Assembly
Maryland General Assembly
The Maryland General Assembly is the state legislature of the U.S. state of Maryland. It is a bicameral body. The upper chamber, the Maryland State Senate, has 47 representatives and the lower chamber, the Maryland House of Delegates, has 141 representatives...
first became known as the Maryland Senate. The new body consisted of fifteen Senators appointed to five-year terms by an electoral college
Electoral college
An electoral college is a set of electors who are selected to elect a candidate to a particular office. Often these represent different organizations or entities, with each organization or entity represented by a particular number of electors or with votes weighted in a particular way...
. The college, made up of two electors from each county and one each from the cities of Baltimore and Annapolis
Annapolis, Maryland
Annapolis is the capital of the U.S. state of Maryland, as well as the county seat of Anne Arundel County. It had a population of 38,394 at the 2010 census and is situated on the Chesapeake Bay at the mouth of the Severn River, south of Baltimore and about east of Washington, D.C. Annapolis is...
, was limited in its selections only by the stipulation that nine Senators need be from the western shore and six from the eastern shore
Eastern Shore of Maryland
The Eastern Shore of Maryland is a territorial part of the U.S. state of Maryland that lies predominately on the east side of the Chesapeake Bay and consists of nine counties. The origin of term Eastern Shore was derived to distinguish a territorial part of the State of Maryland from the Western...
.
The first election under the 1776 constitution took place in 1781, and the system would not change again until 1838. In the interim, a number of problems had cropped up in the appointment process, and the 1838 election saw the passage of a number of constitutional amendments that fundamentally changed how Senators were chosen. The electoral college was abolished, terms were lengthened to six years with rotating elections such that a third of the senate would be elected every two years, and a single Senator was chosen by direct election from each county and the City of Baltimore. The Senate no longer acted as the Governor's Council, although they would continue to confirm the Governor
Governor of Maryland
The Governor of Maryland heads the executive branch of the government of Maryland, and he is the commander-in-chief of the state's National Guard units. The Governor is the highest-ranking official in the state, and he has a broad range of appointive powers in both the State and local governments,...
's appointments. Constitutional changes altered this new system slightly in 1851
Maryland Constitution of 1851
The Maryland Constitution of 1851 was the second constitution of the U.S. state of Maryland following the revolution, replacing the Constitution of 1776. The primary reason for the new constitution was a need to re-apportion Maryland's legislature, the Maryland General Assembly...
, when terms were shortened to four years, and 1864
Maryland Constitution of 1864
The Maryland Constitution of 1864 was the third of the four constitutions which have governed the U.S. state of Maryland. A controversial product of the Civil War and in effect only until 1867, when the state's present constitution was adopted, the 1864 document was short-lived.-Drafting:The 1864...
, when Baltimore City was given three Senate districts rather than one, but substantial change to the structure of the Senate did not come again until 1964.
In 1964, the Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
ruled in Reynolds v. Sims
Reynolds v. Sims
Reynolds v. Sims, 377 U.S. 533 was a United States Supreme Court case that ruled that state legislature districts had to be roughly equal in population.-Facts:...
that state legislative seats must be apportioned on the principle of one man, one vote. A number of state legislatures, including Maryland, had systems based on geography rather than population, and the court rules that this violated the 14th Amendment
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
. Disproportionate population growth across Maryland since 1838 meant that the principle of one seat per county gave the voters of some counties, such as those on the eastern shore, disproportionate representation. Other counties, especially those in suburban areas, were underrepresented.
A special session of the legislature in 1965 changed the Senate to represent 16 districts and reapportioned the seats, again by county, but did so in such a way as to make the representation more proportional to population than it had been. Thus, the eastern shore, which had previously elected nine Senators, elected only four after 1965. This was done to preserve the ideal of having whole counties represented by a single Senator, rather than breaking counties up into multiple districts. A constitutional amendment in 1972 expanded the Senate to 47 members, elected from districts proportional to the population. These districts are reapportioned every ten years based on the United States Census
United States Census
The United States Census is a decennial census mandated by the United States Constitution. The population is enumerated every 10 years and the results are used to allocate Congressional seats , electoral votes, and government program funding. The United States Census Bureau The United States Census...
to ensure they remain proportional.
Powers and legislative process
The Maryland Senate, as the upper house of the bicameral Maryland General Assembly, shares with the Maryland House of DelegatesMaryland House of Delegates
The Maryland House of Delegates is the lower house of the General Assembly, the state legislature of the U.S. state of Maryland, and is composed of 141 Delegates elected from 47 districts. The House chamber is located in the state capitol building on State Circle in Annapolis...
the responsibility for making laws in the state of Maryland. Bills are often developed in the period between sessions of the General Assembly by the Senate's standing committees or by individual Senators. They are then submitted by Senators to the Maryland Department of Legislative Services for drafting of legislative language. Between 2000 and 2005, an average of 907 bills was introduced in the Senate annually during the three-month legislative session. The bill is submitted, and receives the first of three constitutionally mandated readings on the floor of the Senate, before being assigned to a committee. The decision about whether legislation passes is often made in the committees. Committees can hold legislation and prevent it from reaching the Senate floor. The recommendations of committees on bills carry tremendous weight; it is rare for the Senate as a whole to approve legislation that has received a negative committee report. Once a committee has weighed in on a piece of legislation, the bill returns to the floor for second hearing, called the "consideration of committee" report, and a third hearing, which happens just before the floor vote on it.
Once passed by the Senate, a bill is sent to the House of Delegates for consideration. If the House also approves the bill without amendment, it is sent to the Governor. If there is amendment, however, the Senate may either reconsider the bill with amendments or ask for the establishment of a conference committee to work out differences in the versions of the bill passed by each chamber. Once a piece of legislation approved by both houses is forwarded to the Governor, it may either be signed or vetoed. If it is signed, it takes effect on the effective date of the legislation, usually October 1 of that year. If it is vetoed, both the Senate and the House of Delegates must vote by a three-fifths majority to overturn it. They may not, however, overturn a veto in the first year of a new term, since the bill would have been passed during the previous session. Additionally, joint resolutions and the budget bill may not be vetoed, although the General Assembly is constitutionally limited in the extent to which it may influence the latter; it may only decrease the Governor's budget proposal, not increase it.
Unlike the House of Delegates, the Senate has the sole responsibility in the state's legislative branch for confirming gubernatorial appointees to positions that require confirmation. After the Governor forwards his nomination to the Senate, the Executive Nominations Committee reviews the nominee and makes a recommendation for confirmation or rejection to the Senate as a whole. Only one gubernatorial nominee in recent history has been rejected; Lynn Buhl, nominated as Maryland Secretary of the Environment by Governor Robert Ehrlich
Robert Ehrlich
Robert Leroy "Bob" Ehrlich, Jr. is an American politician who served as the 60th Governor of Maryland from 2003 to 2007. A Republican, he became governor after defeating Democratic opponent Kathleen Kennedy Townsend, a member of the Kennedy family, 51% to 48% in the 2002 elections...
, was rejected over concerns about her qualifications. The Senate also has sole responsibility for trying any persons that have been impeached
Impeachment
Impeachment is a formal process in which an official is accused of unlawful activity, the outcome of which, depending on the country, may include the removal of that official from office as well as other punishment....
by the House of Delegates. They must be sworn in before such a trial takes place, and a two-thirds majority is required for conviction of the impeached person.
Organization
Committee
A committee is a type of small deliberative assembly that is usually intended to remain subordinate to another, larger deliberative assembly—which when organized so that action on committee requires a vote by all its entitled members, is called the "Committee of the Whole"...
s, caucus
Caucus
A caucus is a meeting of supporters or members of a political party or movement, especially in the United States and Canada. As the use of the term has been expanded the exact definition has come to vary among political cultures.-Origin of the term:...
es, and leadership positions help to organize the work of the Senate. Senators elect a President of the Senate, who serves as the presiding officer
Presiding Officer
In a general sense, presiding officer is synonymous with chairman.* The presiding officer of the United States House of Representatives is the Speaker of the United States House of Representatives...
of the chamber. They also elect a President Pro Tempore
President pro tempore
A President pro tempore is a constitutionally recognized officer of a legislative body who presides over the chamber in the absence of the normal presiding officer...
, who presides over the chamber when the President is absent. The President of the Maryland Senate has significant influence over legislation that passes through the body through both formal means, such as his ability to appoint committee chairs and leaders of the majority party, and informal means that are less easily defined. These powers place the President of the Maryland Senate among the strongest state legislature presiding officers in the country.
Once legislation is introduced, it is passed to one of the standing committees of the Senate. There are six such committees. As a whole, the Maryland General Assembly has fewer standing committees than any other state legislature in the United States. Each committee has between 10 and 15 members. Four of the standing committees deal primarily with legislation; the Budget and Taxation Committee, the Education, Health, and Environmental Affairs Committee, the Finance Committee, and the Judicial Proceedings Committee. The Chairs of these legislative committees have the power to determine whether their committees will hear a bill, and they therefore have significant influence over legislation. The Executive Nominations Committee manages the Senate's responsibility to confirm gubernatorial appointments and makes recommendations of approval and disapproval to the body as a whole. Lastly, the Rules Committee sets the rules and procedures of the body. It also has the power to review legislation that has been introduced by a member of the Senate after the deadline for submission, and decide whether to refer it to a standing committee or let it die. Along with serving on the Senate committees, members of the Senate also serve on a number of joint committees with members of the House of Delegates.
While the committees are established by formal Senate rules, there are a number of caucuses that exercise significant influence over the legislative process. The most powerful of these are the Democratic
Maryland Democratic Party
The Maryland Democratic Party is the state affiliate of the United States Democratic Party in the U.S. State of Maryland, headquartered in Annapolis. The current state party chair is Yvette Lewis.-History:...
Caucus and the Republican
Maryland Republican Party
The Maryland Republican Party is the branch of the United States Republican Party located in the state of Maryland, headquartered in Annapolis. It is historically the underdog party in state politics.-U.S. House of Representatives:...
Caucus, each of which has a leader and a whip, referred to as a majority and minority leader and whip. As Democrats currently control a majority of seats in the Senate, their leader is referred to as the Majority Leader, and their caucus is able to influence legislation to a greater extent than the Republican caucus. The Majority Leader and Minority leader are responsible for managing their party's participation in debate on the floor. Party caucuses also raise and distribute campaign money to assist their candidates. The Legislative Black Caucus of Maryland and Women Legislators of Maryland, caucuses of African-American and female Senators respectively, also play prominent roles in the Senate.
Professional services for members of the Senate and the House of Delegates are provided by the Department of Legislative Services, which is non-partisan. Individual members are also assisted by partisan staff members, and those in leadership positions have additional partisan staff. These staff members help to manage the offices of the Senators in the Miller Senate Office Building. Each Senator has one year-round administrative assistant, as well as a secretary who assists them during the legislative session. There is also an allowance given to help pay for district offices.
Membership
Qualifications
To be eligible to run for the Maryland Senate, a person must be a citizen and be at least 25 years old. They must also have lived in the state for at least one year, and must have lived in the district in which they are to run for at least six months, assuming the district has existed with its current boundaries for at least that long. No elected or appointed official of the United States government, including the militaryUnited States armed forces
The United States Armed Forces are the military forces of the United States. They consist of the Army, Navy, Marine Corps, Air Force, and Coast Guard.The United States has a strong tradition of civilian control of the military...
, may serve in the Senate, excluding those serving in the military reserves and National Guard. Similarly, no employees of the state government may serve, except for law enforcement officers, firefighters, and rescue workers.
Elections and vacancies
Members of the Maryland Senate are elected every four years, in off-year elections in the middle of terms for Presidents of the United StatesPresident of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
. Party nominations are determined by primary elections. The general election for Senate seats and all other state and federal elections in the normal cycle is held on the Tuesday after the first Monday in November. Should a Senate seat become vacant in the middle of a term, because of death, illness, incapacitation, disqualification, resignation, or expulsion of a member of the Senate, that seat is filled by appointment. The Central Committee of the previous Senator's party in the county or counties in which the Senate district lies makes a recommendation to the Governor on whom to appoint to the seat. Within fifteen days of the Central Committee's recommendation being selected, the Governor must appoint that person to the vacant seat.
The 47 districts from which Senators are elected are apportioned every ten years on the basis of population. Maryland's constitution explicitly defines the process for the drawing of these districts, requiring that the Governor make a recommendation of a new electoral map and submit it for legislative approval. As of 2005, there were approximately 112,000 people in each district. Each Senate district also elects three Delegates, and incumbent Senators and Delegates will often run jointly as members of incumbent slates in their districts. It is rare, however, for an incumbent to be challenged.
Salaries and benefits
As of the 2006-2010 term, most of Maryland's Senators and Delegates receive $43,500 in annual pay while presiding officers earn $56,500. This pay, relatively low for a state legislator, reflects the part-time nature of the body, which only meets three months out of the year. Most members of the Senate hold additional jobs during the remainder of the year. Senators can also seek reimbursement for expenses related to meals and lodging during the legislative session, and for certain travel expenses related to their duties at any point during the year. They also have access to benefits received by state employees, including health and life insurance as well as retirement savings plans. Maryland has a voluntary legislator pension plan to which both Senators and Delegates have access. Besides receiving their own benefits, Senators can award up to $138,000 each year in scholarships to students of their choosing if those students meet requirements set by Senate rules.Current makeup
Montgomery County, Maryland
Montgomery County is a county in the U.S. state of Maryland, situated just to the north of Washington, D.C., and southwest of the city of Baltimore. It is one of the most affluent counties in the United States, and has the highest percentage of residents over 25 years of age who hold post-graduate...
, and Prince George's County
Prince George's County, Maryland
Prince George's County is a county located in the U.S. state of Maryland, immediately north, east, and south of Washington, DC. As of 2010, it has a population of 863,420 and is the wealthiest African-American majority county in the nation....
, while Republicans control most seats on the Eastern Shore and in western Maryland. The chamber has also had significant numbers of women and African-Americans serve, with women averaging around 30% of the seats and African-Americans around 20%.
Leadership
As of 2009, Thomas V. Mike Miller, Jr.Thomas V. Mike Miller, Jr.
Thomas V. "Mike" Miller, Jr. is the current president of the Maryland Senate. He has served as president since January 1987, and has been a state senator representing the 27th District since 1975....
was serving his fifth term as President of the Senate. Nathaniel J. McFadden
Nathaniel J. McFadden
Nathaniel J. McFadden is an American politician who represents district 45 in the Maryland State Senate and is the Senate's president pro tem.-Background:...
, from the 45th district in Baltimore, is the President Pro Tempore. The Democratic caucus is led by Robert J. Garagiola
Robert J. Garagiola
Robert J. Garagiola is an American politician from the state of Maryland. A Democrat, he currently represents District 15 in north-western Montgomery County in the Maryland State Senate.-Early Life and Family:...
, the majority leader, and Lisa A. Gladden
Lisa A. Gladden
Lisa A. Gladden is an American politician from Maryland and a member of the Democratic Party. She is currently serving in her 2nd term in the Maryland State Senate, representing Maryland's District 41 in Baltimore City.-Background:...
, the majority whip. Nancy Jacobs
Nancy Jacobs
Nancy Jacobs is a Maryland State Senator representing District 34.-Background:Nancy Jacobs was first elected to the Maryland State Senate in 1999 to represent District 34, which covers portions of Harford and Cecil County, Maryland. In 1998, she won the seat vacated by fellow Republican David R....
serves as minority leader.
Rules and procedures
Many rules and procedures in the Maryland Senate are set by the state constitution. Beyond the constitutional mandates, rules in the Senate are developed by the Rules Committee. The Senate and House of Delegates both meet for ninety days following the second Wednesday in January, although these sessions may be extended for up to thirty days by majority votes in both houses, and special sessions may be called by the Governor. The Senate meets in the Senate Chamber of the Maryland State HouseMaryland State House
The Maryland State House is located in Annapolis and is the oldest state capitol in continuous legislative use, dating to 1772. It houses the Maryland General Assembly and offices of the Governor and Lieutenant Governor. The capitol has the distinction of being topped by the largest wooden dome in...
, which has both gallery seating and a door open to the State House lobby, the latter being mandated by the state constitution. Seating in the Senate is by party, with the leaders of each party choosing the exact seating assignments. Each Senator has offices in Annapolis, in the Miller Senate Office Building.
A typical session of the Senate begins with a call to order by the President of the Senate. After the call to order, the previous day's journal is approved, petitions are heard, and orders involving committee and leadership appointments or changes to the rules are presented. First, readings of legislation take place. Senators are then given leeway to introduce any visitors, often people observing its deliberations from the gallery above the Senate chamber. Then the Senators consider legislation. They begin with unfinished business from the previous session, then consider legislation and special orders with accompanying reports from committees. At the discretion of the presiding officer, the Senate may adjourn at any time, unless a majority of members present object to adjournment.
Lobbying
Lobbying
Lobbying is the act of attempting to influence decisions made by officials in the government, most often legislators or members of regulatory agencies. Lobbying is done by various people or groups, from private-sector individuals or corporations, fellow legislators or government officials, or...
is common in Annapolis; there are more than 700 lobbyists registered with the state. While lobbyists may spend freely on advocacy, they are limited in gifts to legislators and in their ability to contribute to campaigns. Ethics issues related to lobbyists and other matters are handled by the Joint Committee on Legislative Ethics, a twelve-member committee that includes six Senators. Members of the Senate may turn to either this committee or an ethics counsel to help them resolve questions of potential ethical conflict. Members are encouraged to avoid conflicts of interest, and are required to submit public financial disclosures to the state. In addition to employment prohibitions laid out in the state constitution, members are barred from advocating for any paying client before any part of the state government.
External links
- Maryland General Assembly official government website
- State Senate of Maryland at Project Vote SmartProject Vote SmartProject Vote Smart is a non-profit, non-partisan research organization that collects and distributes information on candidates for public office in the United States...