BLAIR LEE III, Acting Governor
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The AELR Committee currently exercises a critical
function of government. Since 1972 it has provided the
needed review of the day—to—day implementation of its policy
decisions as set forth in State law. I have the utmost
respect for this Committee and the role which it performs.
However, I greatly fear the erosion of the Constitutional
balance of power which the enactment of this bill, in my
judgment, clearly creates.
For these reasons, I have decided to veto House Bill
619.
Sincerely,
Blair Lee III
Acting Governor
Letter from State Law Department on House Bill No. 619.
flay 26, 1978
Honorable Blair Lee, III
Acting Governor of Maryland
State House
Annapolis, Maryland 21401
Be: House Bill 619
Dear Governor Lee:
House Bill 619 has passed the General Assembly and been
submitted to us for review and comment as to its
constitutionality. In general, this bill would provide a
statutory mechanism whereby the Joint Standing Committee on
Administrative, Executive, and Legislative Review (AELR) 1
would have the ability to disapprove proposed administrative
regulations, subject to an ultimate "override" by joint
resolution of the General Assembly. Such oversight
mechanisms are rooted in the English "laying system,"2 are
characterized as "legislative veto" provisions and have been
couched in a variety of forms,3 for a variety of purposes.4
Their wisdom and their constitutionality have been the
subject of an increasing amount of comment and controversy
at both the federal and state levels.5
On the federal level,
"[i]t began in earnest in 1932, when Congress
gave the legislative branch a veto power over
executive reorganization plans. Since then, over
125 separate statutes have given the legislative
branch direct review powers."
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