3956

VETOES

by the 1974 Resolution of the Legislative Compensation
Commission, for members of the 1975 term of the General
assembly, to former members of the General Assembly who
retired prior to January 7, 1975 and would otherwise
receive pension benefits in accordance with the terms of
the Commissions 1975 Resolution.

The Attorney General has advised me that Senate Bill
592 is in direct contravention of Article III, Section 15
of the Maryland Constitution. A copy of the Opinion of
the Attorney General is attached and should be considered
a part of this veto message.

For this reason, I have decided to veto Senate Bill
592.

Sincerely,

/s/ Marvin Mandel

Governor

Letter from State Law Department on Senate Bill No. 592

May 12, 1975.
Honorable Marvin Mandel
Governor of Maryland
State House
Annapolis, Maryland 21404

Re: Senate Bill 592

Dear Governor Mandel:

Senate Bill 592 would add a new subsection (13a) to
Section 11, Article 73B of the Maryland Code in order to
establish a minimum pension level for certain former
members of the General Assembly with at least eight years
of service therein who are not members at the present
time. Because of the exclusive jurisdiction of the
General Assembly Compensation Commission with respect to
the subject of legislative pensions, we conclude that
this bill is unconstitutional.

By constitutional amendment adopted at the general
election in 1970, subsections (2) through (5) were added
to Section 15 of Article III of the Maryland Constitution
(see Chapter 576 of the Laws of Maryland of 1970). The
General Assembly Compensation Commission, appointed
shortly thereafter, has filed Reports and Resolutions
relating to "compensation and allowances" of members of
the General Assembly in January, 1971 and 1974. In a
formal opinion dated January 11, 1971, addressed to the
Chairman of that Commission signed by Attorney General
Burch and by then Deputy Attorney General Robert F.
Sweeney, this office advised that the language of the