4048
VETOES
A joint resolution may, of course, become law or have the
force and effect of law if the Constitution has expressly
provided for this result. See Art. II, 21A (Governor's Salary).
Art. III, Sec. 5 (Legislative Districting) and Sec. 15
(Legislative Compensation). By way of contrast, we have
expressed serious doubts about the legal effect of the joint
resolution establishing judicial salaries inasmuch as the passage
of this resolution is governed by statute, Courts and Judicial
Proceedings Article, Sec. 1-708, rather than the State
Constitution. See letter of May 22, 1980 from Attorney General
Sachs to Governor Hughes concerning Senate Bill 669. We still
entertain serious doubts that in the absence of a constitutional
amendment, a joint resolution can in any way affect the exercise
of the Legislature's constitutional power to increase or decrease
items in the Budget relating to the Judiciary, including the
salaries of judges. Although the use of a resolution to
establish judicial salaries does not raise any issue of
infringing on the veto power of the Governor, Art. II, Sec. 17,
who does not, in any event, have a veto over the Budget Bill,
Art. III, Sec. 52(b), establishing school board resident
districts by joint resolution would clearly infringe on the
Governor's power to veto measures having the force and effect of
law.
Very truly yours,
Stephen H. Sachs
Attorney General
House Bill No. 840
AN ACT concerning
Montgomery County Board of Education -
Residence Districts
MC 407-84
FOR the purpose of providing for the establishment by the
Montgomery County Delegates and Senators of residence
districts from which certain members of the Montgomery
County Board of Education will be elected; providing for
periodic redistricting by the Montgomery County Delegates
and Senators;
FOR the purpose of providing for the establishment of a procedure
for the adoption by Joint Resolution of the General Assembly
of residence districts from which certain members of the
Montgomery County Board of Education will be elected;
providing for a procedure for the periodic redistricting of
the residence districts by Joint Resolution of the General
Assembly; providing for the forfeiture of office under
certain circumstances; and generally relating to election of
members of the Montgomery County Board of Education.
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