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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 3336   View pdf image (33K)
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3336 CONSTITUTIONAL CONVENTION OF MARYLAND [Jan. 6]

DELEGATE PENNIMAN: It is a du-
plication, but we did not want it to be left
under the budget appropriation.

THE PRESIDENT: Delegate Mentzer.

DELEGATE MENTZER: Delegate Pen-
niman, I am not sure that you pointed out
that the section is now called finance
rather than finances.

DELEGATE PENNIMAN: Excuse me.

DELEGATE MENTZER: In section
6.10, line 19, we did strike a comma. We
made no changes.

DELEGATE PENNIMAN: We did in-
deed after judicial branch.

THE PRESIDENT: Delegate Hanson.

DELEGATE HANSON: Delegate Pen-
niman, is not the change in line 22 on page
41, section 6.13 really a substantive change
in light of section 3.13?

DELEGATE PENNIMAN: I think it is
not a substantive change. In checking with
the Committee, the regular session as orig-
inally established was a ninety-day session.
One of the reasons that the "regular" was
inserted in the other ones was growing out
of this whole discussion here. I think it is
not a change from the substance of the
Committee or of the expectation of the
Committee of the Whole.

THE PRESIDENT: Delegate Hanson.

DELEGATE HANSON: I would prob-
ably agree that it is not a change from the
intention of the Committee, but it seems
to me it is indeed a substantive change.

DELEGATE PENNIMAN: I think it is
not. For example, if it happened on the
140th day it would be difficult for them to
extend the session beyond 150. It is easy
enough to extend beyond the ninety days.

DELEGATE HANSON: May I state
what bothers me about this is Delegate
Penniman's response to it. In section 3.15
we provide that the General Assembly may
extend its regular session. It seems to me
that if we write this here as the 80th day
we have two inconsistencies, the one pos-
sibly which I was suggesting earlier, but a
second and perhaps more serious one when
viewed in the light of 3.15 in that we are
creating here a new way in which the
length of the General Assembly may be
extended.

It was not inconsistent with 3.15 when it
was left ten days before the end of the
regular session, but now we are saying

that maybe it is not inconsistent. It seems
that we are creating a new procedure for
extending the length of the General As-
sembly that is not provided for in 3.15,
and I think this problem should be
cleared up.

THE PRESIDENT: I am sorry. I do
not follow the point you are making now.
I did the earlier one. In what way does the
change in section 6.13 either extend the
session or authorize an extension of the
session? I am not following your point.

DELEGATE HANSON: Section 6.13
permits the governor by proclamation to
extend the session until the enactment of
the budget and ten days thereafter, this is
if it has not been enacted by ten days be-
fore the expiration date.

Section 3.15 on the other hand provides
that the General Assembly may on its own
volition extend the session by a majority
vote for thirty days and an additional
thirty days by a three-fifths majority vote.

I am not saying that they are incon-
sistent, but we are creating a kind of pe-
culiar problem, I am afraid.

THE PRESIDENT: I take it that what
you are saying is that the way it was
before, if the section had been extended by
the General Assembly to the full extent of
150 days and they had not enacted the bill
by the 140th day then the Governor not
only had the power that he has under
other sections to extend, but he was man-
dated to extend the session here for at
least twenty days, is that correct, Delegate
Hanson?

DELEGATE HANSON: That is correct,
or up to twenty days.

THE PRESIDENT: In light of the col-
loquy that occurred before in the Commit-
tee of the Whole that what the Committee
on Style has done is probably in con-
formity with what the Committee of the
Whole intended. I think you are proper to
call the matter to the attention of the
Assembly.

Is Delegate Gallagher here? I would like
to confirm, Delegate Gallagher, whether
the Chair is correct in his recollection of
the discussion in the Committee of the
Whole or if there was no such discussion
whether it was the intention of the Com-
mittee on the Legislative Branch.

The question arises with respect to the
change made by the Committee on Style in
connection with page 41, line 16. Delegate
Hanson points out the way it was written



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 3336   View pdf image (33K)
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