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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1406   View pdf image (33K)
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1406 CONSTITUTIONAL CONVENTION OF MARYLAND [Nov. 29]

DELEGATE MORGAN: Mr. President,
it is my distinct recollection that our Com-
mittee was advised by the representatives
of the legislative liaison committee of the
General Assembly, that it was somewhat
awkward to have the General Assembly in
its regular session consider vetoed bills
from a previous session and so we pro-
vided a means by which the General As-
sembly could call itself back into special
session to consider vetoed bills if the Gen-
eral Assembly thought it was worthwhile
doing.

Under the existing Constitution, bills
cannot be considered at the beginning of a
regular session if it is the first session of
a new General Assembly, and I am sure
that Delegate Gallagher does not intend to
have a new General Assembly consider bills
of the last General Assembly that have
been vetoed by the governor.

I think that the device that is presented
by the Committee is workable. It seems to
have the concurrence of the legislative
liaison group, or at least the majority of
that group, and for that reason I oppose
the amendment of Delegate Gallagher.

THE CHAIRMAN: Delegate Koss.

DELEGATE KOSS: Mr. Chairman, the
point I wanted to make I think has been
made. I think under the present Constitu-
tion and law that vetoed bills are returned
to the next session of the General Assem-
bly, provided it is the same General As-
sembly and that their terms have not ex-
pired.

I wanted to ask Delegate Gallagher
whether it was his intent to have the same
limitation by this amendment or not.

THE CHAIRMAN: Delegate Gallagher.

DELEGATE GALLAGHER: I think
that Mrs. Koss's point is well taken. The
intent actually is that during any four-
year session of the General Assembly, the
General Assembly be allowed to consider
bills which the governor has vetoed from
one of its prior meetings, and not that at
the end of a four-year term a new General
Assembly would pick up the vetoed bills
from the end of the fourth year.

I think that that could be cured by adding
language where we say, "or to the next
regular session, " and add, "of that General
Assembly, " or "of the same General As-
sembly, " we would provide therefore that
there be no carry-over the first year of a
new General Assembly.

THE CHAIRMAN: Which of the two
forms do you suggest?

DELEGATE GALLAGHER: "Of the
same General Assembly", on line three of
Amendment No. 3, after the words "or to
the next regular session of the same Gen-
eral Assembly. "

THE CHAIRMAN: In the absence of
objection, the amendment will be modified
to add after the words "regular session",
the words "of the same General Assembly",
so that the amendment would add the
phrase, "or to the next regular session of
the same General Assembly. "

Is there any objection?
Delegate Burdette.

DELEGATE BURDETTE: I should like
to reserve an interpretation of the lan-
guage "the same General Assembly. " I do
not know of any interpretation in Mary-
land which uses the word "General As-
sembly" in terms of a time period, but with
this understanding, that that is subject to
style and drafting, I would present no ob-
jection.

THE CHAIRMAN: The Chair thinks
that it is the intent of the amendment by
the use of the phrase "same General As-
sembly" to refer to the same elected Gen-
eral Assembly, and that the Committee on
Style, Drafting and Arrangement could
have this in mind.

Is that correct, Delegate Gallagher?

DELEGATE GALLAGHER: Yes, sir.
That is my understanding, and hopefully
under those circumstances I would trust
that Chairman Morgan might look more
favorably upon the amendment.

THE CHAIRMAN: Delegate Morgan,
do you desire to comment?

Delegate Boyce.

DELEGATE BOYCE: Mr. President,
may I question Delegate Gallagher?

THE CHAIRMAN: Do you yield to a
question?

DELEGATE GALLAGHER: Yes, I do.
THE CHAIRMAN: Delegate Boyce.

DELEGATE BOYCE: It will be a
couple, because I cannot get it through my
mind. This is what bothers me. Let us as-
sume in the last days of the session a bill
is sent to the governor, and after adjourn-
ment he vetoes it.



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1406   View pdf image (33K)
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