full credit as they report tonight and re-
cord their presence.
(Whereupon, a roll call was taken.)
Has everyone recorded his presence? The
Clerk will take the roll. Let us have order
in the house. I realize at this time of eve-
ning it is difficult to behave. We have to
have order in the house tonight. The Chair
would like to announce the drafting of
amendments will be done by Secretary
Robert Martineau tonight. He will be in
back of the Chamber or in the Chief Clerk's
office. He is substituting.
The Chair recognizer the Chairman of
the Calendar and Agenda Committee.
DELEGATE POWERS: Mr. President,
I move the Convention resolve itself into
the Committee of the Whole to resume con-
sideration of the order of the day.
(The motion was duly seconded.)
THE SECOND VICE-PRESIDENT:
The motion has been made and seconded.
All in favor, signify by saying Aye; con-
trary, No. The Ayes have it. It is so or-
dered.
(Whereupon, at 7:42 P.M. the Conven-
tion resolved itself into the Committee of
the Whole.)
(The mace was removed by the Sergeant-
at-Arms.)
COMMITTEE OF THE WHOLE
NOVEMBER 13, 1967—7:42 P.M.
SECOND VICE-PRESIDENT
WILLIAM S. JAMES,
PRESIDING
THE CHAIRMAN: We had completed
our deliberations upon section 3. We had
adopted a motion striking out section 4. I
believe that was the point at which we
concluded our business. So that the next
order of business will be consideration of
section 5, "Legislation Subject to Suspen-
sion."
Are there any amendments to section 5?
The Chair hearing no amendments, it is
hard really to believe this is the situation
(laughter), but since I have to take that
on faith, we will proceed. The Chair recog-
nizes Delegate Macdonald.
DELEGATE MACDONALD: May I ask
the Chairman of the Committee a question? |
THE CHAIRMAN: Will the Chairman
yield?
DELEGATE KOSS: Certainly.
DELEGATE MACDONALD: I would
like to refer to section 5, at the very be-
ginning of the section where the words
"after the date of enactment of a law" are
used, as they also appear in various sec-
tions, namely, section 3, section 5a and 5b.
Could you tell us whether the Committee
chose this phrase deliberately? Did it also
consider the phrase "when a law becomes
effective" and "when the law would take
effect" in this connection?
DELEGATE KOSS: Delegate Macdon-
ald, the intent of the Committee was that
"the date of enactment" would be that day
when a bill was signed by the governor or
was overridden, or a gubernatorial veto
. overridden by the General Assembly or at
the point when the time in which the gov-
ernor could veto had expired.
This was the intent of the Committee in
terms of what they meant by "date of en-
actment."
There apparently is a difference in inter-
pretation about the phrase "date of enact-
ment." We relied on its use as in the Gen-
eral Assembly heretofore and upon certain
other sources. A memo we received today
from Dr. Everstine states that he agreed
with us in our use of the words "date of
enactment" to mean "to establish by law;
to perform or effect; to decree."
The wording in the enacting clause in
all laws of the State of Maryland as re-
quired by the Constitution is "Be it en-
acted by the General Assembly of Mary-
land." This also fits in with the meaning-
given here to the word "enact" since a bill
is not really legally effective until and un-
less signed by the governor.
We did not use "effective date" because
we did not mean "effective date." It is our
understanding that a law could be passed
by both houses, signed by the governor and
have an effective date some time in the
future. We did not intend the effective
date; it was the date on which a bill had
been passed by both houses, signed by the
governor or the time in which a governor
could veto had expired.
DELEGATE MACDONALD: When a
bill becomes law as distinguished from its
effective date?
DELEGATE KOSS: Right.
THE CHAIRMAN: Any other questions
for the purpose of clarification? |
