3148
VETOES
The bicameralism mandated by Article I, Section 1 of
the U.S. Constitution literally has its origin in Article
III, Section 1 of the Maryland Constitution, and their
common purpose is that each House be a check upon the other,
and prevent the passage of hasty and ill—conceived
legislation. Maryland Committee For Fair Representation v.
Tawes, 229 Md. 406, 410-414 (1962). Thus, observing that
the respective houses of the Maryland General Assembly enjoy
functions which, in pertinent part, are wholly analogous to
those Congressional functions of which the Atkins Court took
note, we find the Court's reasoning on this question to be
wholly applicable to the Maryland environment. Indeed,
while the Court observed that it was not going beyond a
delegation of authority to a single House and examining the
propriety of a delegation to a committee, Atkins v. United
States, supra, 556 F.2d at 1064, its logic compels us to
reach the same conclusion at the committee level. Simply
put, the rejection of a proposed administrative rule,
regulation or standard is not the passage of new law, is
wholly analogous to the role which committees perform with
respect to proposed legislation, and consequently does not
offend Article III, Sec. 1- Thus, in our opinion, House
Bill 619 does not, at the very least, clearly offend Article
III, Sec. 1 of the Constitution of Maryland any more than
does a committee's rejection of proposed legislation.
B. The Presentment Clauses and the Gubernatorial
Veto. In pertinent part, Article III, Sec. 30, of the
Maryland Constitution establishes the duty and authority of
the General Assembly to present enacted bills to the
Governor, viz., "
"Every bill, when passed by the General Assembly,
and sealed with the Great Seal, shall be
presented by the presiding officer of the house
in which it originated to the Governor for his
approval. All bills passed during a regular or
special session shall be presented to the
Governor for his approval no later than 20 days
after adjournment. Within 30 days after
presentment, if the Governor approves the bill,
he shall sign the same in the presence of the
presiding officers and Chief Clerks of the Senate
and House of Delegates."
This provision is complimented by Article II, Sec. 17, which
sets the duty and authority of the Governor to act with
respect to a presented till. Hamilton v. State, ex. rel.
Wells, 61 Md. 14, 28-29 (1883). In pertinent part. Section
17 provides:
"To guard against hasty or partial legislation
and encroachment of the Legislative Department
upon the co-ordinate Executive and Judicial
Departments, every Bill which shall have passed
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