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Maryland Manual, 1987-88
Volume 183, Page 759   View pdf image (33K)
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50
SEC. 13. (a) (1) In ease of death, disqualification, resigna-
tion, refusal to act, expulsion, or removal from the county or
city for which he shall have been elected, of any person who
shall have been chosen as a Delegate or Senator, or in case of a
tie between two or more such qualified persons, the Governor
shall appoint a person to fill such vacancy from a person whose
name shall be submitted to him in writing, within thirty days af-
ter the occurrence of the vacancy, by the Central Committee of
the political party, if any, with which the Delegate or Senator,
so vacating, had been affiliated, at the time of the last election or
appointment of the vacating Senator or Delegate, in the County
or District from which he or she was appointed or elected, pro-
vided that the appointee shall be of the same political party, if
any, as was that of the Delegate or Senator, whose office is to be
filled, at the time of the last election or appointment of the va-
cating Delegate or Senator, and it shall be the duty of the Gov-
ernor to make said appointment within fifteen days after the sub-
mission thereof to him.

(2) If a name is not submitted by the Central Committee with-
in thirty days after the occurrence of the vacancy, the Governor
within another period of fifteen days shall appoint a person, who
shall be affiliated with the same political party, if any,as was that
of the Delegate or Senator, whose office is to be filled, at the
time of the last election or appointment of the vacating Delegate
or Senator, and who is otherwise properly qualified to hold the
office of Delegate or Senator in the District or County.

(3) In the event there is no Central Committee in the County
or District from which said vacancy is to be filled, the Governor
shall within fifteen days after the occurrence of such vacancy ap-
point a person, from the same political party, if any, as that of
the vacating Delegate or Senator, at the time of the last election
or appointment of the vacating Senator or Delegate, who is oth-
erwise properly qualified to hold the office of Delegate or Sena-
tor in such District or County.

(4) In every case when any person is so appointed by the Gov-
ernor, his appointment shall be deemed to be for the unexpired
term of the person whose office has become vacant.

(b) In addition, and in submitting a name to the Governor to
fill a vacancy in a legislative or delegate district, as the case may
be, in any of the twenty-three counties of Maryland, the Central
Committee or committees shall follow these provisions:
(1) If the vacancy occurs in a district having the same
boundaries as a county, the Central Committee of the county
shall submit the name of a resident of the district.
(2) If the vacancy occurs in a district which has boundaries
comprising a portion of one county, the Central Committee of
that county shall submit the name of a resident of the district.
(3) If the vacancy occurs in a district which has boundaries
comprising a portion or all of two or more counties, the Central
Committee of each county involved shall have one vote for sub-
mitting the name of a resident of the district; and if there is a tie
vote between or among the Central Committees, the list of
names there proposed shall be submitted to the Governor, and
he shall make the appointment from the list.

SEC. 14. The General Assembly shall meet on the second
Wednesday of January, nineteen hundred and seventy-one, and
on the same day in every year thereafter, and at no other time,
unless convened by Proclamation of the Governor. A Proclama-
tion convening the General Assembly in extraordinary session
must be issued by the Governor if a majority of the members

Constitution of'Maryland7759

elected to the Senate and a majority of the members elected to
the House of Delegates join in a petition to the Governor re-
questing that he convene the General Assembly in extraordinary
session, and the Governor shall convene the General Assembly
on the date specified in the petition. This section does not affect
the Governor's power to convene the General Assembly in ex-
traordinary session pursuant to Section 16 of Article II of this
Constitution.

SEC. 15. (1) The General Assembly may continue its ses-
sion so long as in its judgment the public interest may require,
for a period not longer than ninety days in each year. The ninety
days shall be consecutive unless otherwise provided by law. The
General Assembly may extend its session beyond ninety days,
but not exceeding an additional thirty days, by resolution con-
curred in by a three-fifths vote of the membership in each
House. When the General Assembly is convened by Proclama-
tion of the Governor, the session shall not continue longer than
thirty days, but no additional compensation other than mileage
and other allowances provided by law shall be paid members of
the General Assembly for special session.

(2) Any compensation and allowances paid to members of the
General Assembly shall be as established by a commission
known as the General Assembly Compensation Commission.
The Commission shall consist of nine members, five of whom
shall be appointed by the Governor, two of whom shall be ap-
pointed by the President of the Senate, and two of whom shall
be appointed by the Speaker of the House of Delegates. Mem-
bers of the General Assembly and officers and employees of the
Government of the State of Maryland or of any county, city, or
other governmental unit of the State shall not be eligible for ap-
pointment to the Commission. Members of the Commission
shall be appointed for terms of four years commencing on June
1 of each gubernatorial election year. Members of the Commis-
sion are eligible for re-appointment. Any member of the Com-
mission may be removed by the Governor prior to the expiration
of his term for official misconduct, incompetence, or neglect of
duty. The members shall serve without compensation but shall
be reimbursed for expenses incurred in carrying out their re-
sponsibilities under this section. Decisions of the Commission
must be concurred in by at least five members.

(3) Within 15 days after the beginning of the regular session of
the General Assembly in 1974 and within 15 days after the be-
ginning of the regular session in each fourth year thereafter, the
Commission by formal resolution shall submit its determinations
for compensation and allowances to the General Assembly. The
General Assembly may reduce or reject, but shall not increase
any item in the resolution. The resolution, with any reductions
that shall have been concurred in by joint resolution of the Gen-
eral Assembly, shall take effect and have the force of law as of
the beginning of the term of office of the next General Assembly.
Rates of compensation and pensions shall be uniform for all
members of the General Assembly, except that the officers of the
Senate and the House of Delegates may receive higher compen-
sation as determined by the General Assembly Compensation
Commission. The provisions of the Compensation Commission
resolution shall continue in force until superseded by any suc-
ceeding resolution.

(4) In no event shall the compensation and allowances be less
than they were prior to the establishment of the Compensation
Commission.

 

"Amended by Chapter 584, Acts of 1935, ratified Nov. 3, 1936; Chapter 162, Acts of 1966, ratified Nov. 8, 1966; Chapter 681, Acts

of 1977, ratified Nov. 7, 1978; Chapter 649, Acts of 1986, ratified Nov. 4, 1986.

"Amended by Chapter 497, Acts of 1947, ratified Nov. 2, 1948; Chapter 161, Acts of 1964, ratified Nov. 3, 1964; Chapter 576, Acts

of 1970, ratified Nov. 3, 1970.

"Amended by Chapter 695, Acts of 1941, ratified Nov. 3, 1942; Chapter 497, Acts of 1947, ratified Nov. 2, 1948; Chapter 161, Acts

of 1964, ratified Nov. 3, 1964; Chapter 576, Acts of 1970, ratified Nov. 3, 1970; Chapter 541, Acts of 1976, ratified Nov. 2, 1976;

Chapter 681, Acts of 1977, ratified Nov. 7, 1978.



 
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Maryland Manual, 1987-88
Volume 183, Page 759   View pdf image (33K)
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