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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1450   View pdf image (33K)
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1450 CONSTITUTIONAL CONVENTION OF MARYLAND [Nov. 30]

a bill shall become law if the governor
signs or fails to veto it.

Well, I assume that under section 4. 03
the Chairman of the Committee and the
majority of the Committee construes power
to sign a bill as being one of the duties of
the governor that could be delegated to the
lieutenant governor.

May I ask a question if that is a cor-
rect understanding?

THE CHAIRMAN: Delegate Morgan,
do you follow the inquiry?

DELEGATE MORGAN: Mr. Chairman,
that was the statement that I made yester-
day.

THE CHAIRMAN: I am not clear as to
what your statement was. If you would re-
peat so that we will all understand.

DELEGATE MORGAN: That the gov-
ernor may delegate any of his duties to the
lieutenant governor and among the duties,
as an example of the duties he could dele-
gate would be the duty to veto bills.

THE CHAIRMAN: Delegate Gleason's
question as I understand it is section 4. 16
specifically says that a bill shall become
law if the governor signs or fails to veto it.

Do I understand that you are saying that
notwithstanding the language of section
4. 16, the governor could delegate that power
to veto or sign a bill to the lieutenant gov-
ernor?

DELEGATE MORGAN: Yes. I think,
Mr. Chairman, all of the sections of the
constitution have to be read together. You
cannot take just one and read it and say,
this is the way we have to construe this
section.

Now, for example, under another section,
the governor, by right giving to the tempo-
rary governor, says he will be temporarily
unable to perform duties of his office and
the lieutenant governor can then perform
the functions of the office of governor.

Now, this delegation to a lieutenant gov-
ernor can apply to some of the functions. I
think all of these sections have to be read
together and, in my opinion, any of the
functions of the governor can be delegated
to the lieutenant governor.

THE CHAIRMAN: Delegate Gleason,
do you have a further question?

DELEGATE GLEASON: I have another
question, Mr. Chairman. I guess I have to
really ask it to the sponsor of the proposed
amendment.

THE CHAIRMAN: Delegate Chabot,
do you yield to a question?

DELEGATE CHABOT: Yes, sir.
THE CHAIRMAN: Delegate Gleason.

DELEGATE GLEASON: What would
be the situation if a governor notifies the
lieutenant governor in writing that he is
temporarily unable to carry out the duties
of his office and there is need to have bills
signed or vetoed. Are you assuming that
situation, that those bills will automatically
just become law, because the governor is
not there to sign them himself, assuming
your amendment is carried?

THE CHAIRMAN: Delegate Chabot.

DELEGATE CHABOT: No. Under those
circumstances, section 4. 07 says that the
lieutenant governor shall serve as acting
governor. We have made constitutional pro-
visions that for all purposes, except the
purposes of putting into play the recapture
of the office by the governor, the lieutenant
governor takes over the job. This, of course,
requires a writing. Section 4. 03 does not
require anything, presumably just a word
in passing would be sufficient to delegate
power under section 4. 03.

THE CHAIRMAN: Delegate Gleason.

DELEGATE GLEASON: This is what
I wanted to get very clear, that your
amendment will not cast any doubt or modi-
fication with respect to section 4. 07. It just
applies to section 4. 03, is that correct?

THE CHAIRMAN: Delegate Chabot.
DELEGATE CHABOT: That is correct.
THE CHAIRMAN: Delegate Gleason.

DELEGATE GLEASON: Then, Mr.
Chairman, I do think this is s very funda-
mental change that has to be made in this
provision. I have to agree with the sponsor
of this amendment that, where we are deal-
ing with an act of the legislature, we are
dealing with the governor's participation
in that act. We are dealing with something
that almost partakes of a sacred nature
with respect to a bill becoming law and I
do not think that any lieutenant governor
should be delegated this kind of power for
the convenience of the governor, just be-
cause he happens to be temporarily out of
Annapolis or out of the State making a
speech some place. Even though we are
providing in this section for a lieutenant
governor, I do not think anyone should be
kidding ourselves. People elect the gov-
ernor. They do not look as carefully at the



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1450   View pdf image (33K)
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