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At that time the majority of the Com-
mittee believed that the principal manner
in which the legislative branch's control
over fiscal affairs could be strengthened
was by placing a post-audit function in '
the legislative branch.
The specific question with respect to
legislative authority to deal with the bud-
get was asked by our Committee of the
witnesses who appeared before it. These
witnesses were in large part present and
former members of the legislature. They
were offered by our Committee the sug-
gestion that it would be desirable to per-
mit just such actions as are proposed by
this amendment.
By a wide majority the present and
past legislators of Maryland rejected the
proffer that was made by our Committee.
They rejected it on the basis that this
would put them in a position of log-rolling
and pork-barrelling, in which they thought
the General Assembly should not be.
I respectfully suggest the legislature it-
self does not want this authority, and that
we should go along with them and reject
the amendment.
THE CHAIRMAN: Delegate Hanson, do
you yield to a question from Delegate
Willis?
DELEGATE HANSON: Yes.
THE CHAIRMAN: Delegate Willis.
DELEGATE WILLIS: I have several
questions, Delegate Hanson.
In 6.07, if I read it correctly, I see that
you have kept the protection of the schools
language which I appreciate, but you said
nothing about the judicial protection. Of
course, the legislature would maintain its
protection under this, but what about the
protection of the judicial budget? We all
might need a little justice some day.
DELEGATE HANSON: I believe that
under the committee recommendation the
General Assembly may amend the budget
bill by increasing any item relating to
legislative or judicial branches by reducing
or striking any item, and the section fol-
lows the same as in the proposed amend-
ment, so that I would interpret this to say
that as far as the judicial branch is con-
cerned, the same situation would pertain
either under the Committee Recommenda-
tion or under the amendment.
THE CHAIRMAN: Delegate Willis.
DELEGATE WILLIS: It is not written
in yours, though.
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THE CHAIRMAN: Delegate Hanson.
DELEGATE HANSON: No, and the rea-
son it is not written in ours is that in the
Committee Recommendation it pertains
only to increases, and this is covered in
ours under the general increases. There is
no provision in the Committee Recommen-
dation that would forbid the General As-
sembly from decreasing the judicial bud-
get.
THE CHAIRMAN: Delegate Willis.
DELEGATE WILLIS: I believe there is,
but let me ask you another question.
Under 6.08 of the Committee Recom-
mendation, we have a guaranty of ten days
after the passage of the budget for the
consideration of other legislation that may
be piled up behind the budget. Does this
proposal continue that ten day guaranty for
other legislation ?
THE CHAIRMAN: Delegate Hanson.
DELEGATE HANSON: Its practical ef-
fect would be to do that and more, because
what it says is, first that the General
Assembly must remain in session until
the budget has been adopted. Then, it says
that if the budget has not been enacted
by the 80th day of the regular session,
the General Assembly shall finally enact
no other legislation until the budget bill
has been enacted. It is conceivable that
legislation would pile up during this period
of time, and under the legislative article
as adopted by this Committee it is possible
on a simple majority vote for the General
Assembly to extend its session for 30 days,
in addition to the regular 90 day session,
so that any additional legislation which
the General Assembly felt it was impera-
tive that it take care of could be taken
taken care of.
It seems to me what we have recom-
mended in this amendment actually should
be preferable just on those terms in this
section to what is in section 6.08 of the
Committee Report.
THE CHAIRMAN: Delegate Willis.
DELEGATE WILLIS: Does this, how-
ever, not guarantee that? They can pass
the budget and go home under this. All
that legislation could die. Is that not
correct ?
DELEGATE HANSON: That is correct.
On the other hand, I believe the legisla-
tive article which we adopted is sufficiently
flexible that that legislation need not die, if
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