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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1372   View pdf image (33K)
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1372 CONSTITUTIONAL CONVENTION OF MARYLAND [Nov. 29]

THE PRESIDENT: All delegates pres-
ent now not present at roll call may indi-
cate their presence on supplemental roll
call.

The Clerk will record the supplemental
roll call.

All in favor of the motion to recess, sig-
nify by saying Aye; contrary, No. The
Ayes have it. It is so ordered.

(Whereupon, at 1 :07 P.M., the Convention
recessed, to reconvene at 2:30 P.M. of the
same day.)

PLENARY SESSION
NOVEMBER 29, 1967— 2:35 P.M.
PRESIDENT H. VERNON ENEY,

PRESIDING

THE PRESIDENT: The Sergeant-at-
Arms will clear the aisles and close the
doors.

The Convention will please come to order.
Roll call.
(Whereupon, the roll was called.)

THE PRESIDENT: Has every delegate
answered roll call?

The Clerk will record the roll call.

There being a quorum present, the Con-
vention is in session. The Chair recognizes
Delegate Powers.

DELEGATE POWERS: Mr. President,
I move that the Convention resolve itself
into a Committee of the Whole for the pur-
pose of resuming consideration of the gen-
eral order of business.

THE PRESIDENT: Is there a second?
All those in favor signify by saying Aye;
contrary, No. The Ayes have it. It is so
ordered.

(Whereupon, at 2:40 P.M. the Convention
resolved itself into the Committee of the
Whole.)

(The mace was removed by the Sergeant-
at- Arms.)

COMMITTEE OF THE WHOLE
NOVEMBER 29, 1967—2 :40 P.M.
PRESIDENT H. VERNON ENEY,

PRESIDING

THE CHAIRMAN: The Committee of
the Whole will please come to order.

The Chair recognizes Delegate Morgan,
the Chairman of the Committee on the Ex-
ecutive Branch, to continue presentation of
Committee Recommendation EB-1; Dele-
gate Morgan.

DELEGATE MORGAN: I believe before
lunch I ended up with the section providing
for the presentation of bills to the governor
in connection with the governmental veto.
Section 4.16.

Section 4.17 is the section that affords
the legislature an opportunity to override
the governor's veto. If the governor vetoes
a bill while the General Assembly is still
in session, he is required to return it to
the General Assembly forthwith.

If the governor vetoes a bill after the
General Assembly has adjourned sine die he
is required to return it to any special ses-
sion of the legislature which may be called
to reconsider vetoed bills.

It is to be noted that section 3.12 of the
proposed legislative branch article adopted
by the Committee provides a technique
through which the General Assembly can
call itself into session, so the General As-
sembly could call itself back into session
for the purpose of reconsidering vetoed
bills if it wanted to. If it thought it was
not worth it and could let a bill die with
the veto they would not call it back into
session.

For example, if the attorney general had
ruled a bill unconstitutional, there really is
no need for the General Assembly to be
calling itself back into session to reconsider
those bills since I am sure the General As-
sembly would feel bound by the attorney
general's opinion on the constitutionality of
the bill and that is where we leave it to
the discretion of the General Assembly as
to whether or not to call itself back into
session to reconsider vetoed bills.

This section differs from Article II, sec-
tion 17 of the present Constitution in that
it does not require bills vetoed by the gov-
ernor after adjournment to be returned to
the next regular session of the General As-
sembly.

The legislators who testified before the
Committee indicated that this procedure
was cumbersome.

Further, since the General Assembly
could call itself into special session to over-
ride the governor's veto this provision was
thought to be unnecessary.

The provision of this session which per-
mits the General Assembly to override a

 

 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1372   View pdf image (33K)
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