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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1398   View pdf image (33K)
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1398 CONSTITUTIONAL CONVENTION OF MARYLAND [Nov. 29]

first time around and fixed an effective date
between that time and July 1.

In other words, it would be prior to the
gubernatorial veto.

DELEGATE J. CLARK (presiding) :
Delegate Gallagher.

DELEGATE GALLAGHER: So it would
be correct to say therefore, that if the
legislature passed an act which was to be-
come effective, say, July 1, 1968, and the
governor'vetoed it, and the legislature met
the following September and overrode the
veto, that unless it specifically provided
some different time prior to the next July
1, 1969, the effective date of the overridden
statute would be July 1, 1969?

DELEGATE J. CLARK (presiding) :
Delegate Morgan.

DELEGATE MORGAN: That is correct.

DELEGATE J. CLARK (presiding) :
Delegate Gallagher.

DELEGATE GALLAGHER: Now, on
another point, in section 4.05, on line 33,
page 2, the term of the governor shall
begin on the first Wednesday of January
following his election, unless there is a
legal holiday. It is quite true that the
Committee on the Legislative Branch has
provided that the General Assembly shall
meet on the third Wednesday of January,
so that the governor would at least be in
several weeks prior to their regular ses-
sion, but we had provided also that the
effective date of the beginning of the term
of those members of that legislature shall
be the second Wednesday in December, so
that we have a situation where the term
of the new legislators has begun on the
second Wednesday of December following
their election, which presumably takes
place a month before in November. Thus
you have the new legislature with a term
beginning earlier than that of the new
governor.

It would be theoretically possible, of
course, for the old governor to convene the
new legislature, but you do have this over-
lap with the executives and the two
branches not beginning at the same time.

DELEGATE J. CLARK (presiding) :
Delegate Morgan.

DELEGATE MORGAN: That is correct.

DELEGATE J. CLARK (presiding) :
Delegate Gallagher.

DELEGATE GALLAGHER: That is
agreeable to your Committee?

DELEGATE J. CLARK (presiding) :
Delegate Morgan.

DELEGATE MORGAN: Yes. It was my
understanding that under the legislative
branch article the General Assembly can
meet before the third Wednesday for or-
ganizational purposes and it can specify by
legislation, I gather, that it can begin its
term in the year in which the governor
takes office, maybe a month later.

DELEGATE J. CLARK (presiding) :
Delegate Gallagher.

DELEGATE GALLAGHER: That is
correct. The act as we passed it or the
language as we passed it does say that
the legislature shall convene on the third
Wednesday in January, or such other day
as provided by law, so that the General
Assembly could meet later in the year in
which the governor was being sworn into
office.

DELEGATE J. CLARK (presiding) :
Delegate Morgan.

DELEGATE MORGAN: That was my
understanding.

DELEGATE GALLAGHER: That is
correct. Thank you.

DELEGATE J. CLARK (presiding) :
Are there any further questions?

(There was no response.)

If not, we are going to have to have a
little conference up here to see what the
next procedure is.

It has been decided that we will move
through this, section by section to see if
there are any amendments.

The first order of business is to take
sections 4.01 through 4.17. Are there any
amendments to section 4.01?

Delegate Scanlan.

DELEGATE SCANLAN: Mr. Chair-
man.

DELEGATE J. CLARK (presiding) :
The Chair recognizes Delegate Scanlan.

DELEGATE SCANLAN: May I sug-
gest the absence of a quorum?

DELEGATE J. CLARK (presiding) :
Ring the quorum bell, please.

The Clerk will call the roll.

Has everyone registered his presence?
The Clerk will take the roll.

 

 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1398   View pdf image (33K)
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