Call Hogan's office and demand he veto SB1000

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  • dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,109
    Is that by law or just rules of the MGA? either way I could easily see them voting on it anyway...who's going to stop them? Frosh? LOL Hogan? Again...

    Maryland Constitution I believe.
     

    danb

    dont be a dumbass
    Feb 24, 2013
    22,704
    google is your friend, I am not.
    Is that by law or just rules of the MGA? either way I could easily see them voting on it anyway...who's going to stop them? Frosh? LOL Hogan? Again...

    Yeah this is my fear as well. With 3/5 majority could they change the rules? Where is the single subject rule for extraordinary sessions actually written? I dont see it in the MD constitution. And I dont expect the legislature to conform to tradition when it comes to Hogan.

    Maryland Constitution I believe.

    Yeah I looked for it today. I did not see it. There are three mentions of an extraordinary session. None say that the topic is limited. The three mentions: Gov can declare a extraordinary session by proclamation, a majority of both houses can request one, or one can be called prior to a regular session for apportionment. Its not clear to me that for the first two the topic is limited. The last, maybe the topic is limited to reapportionment, maybe not.
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,109
    Yeah this is my fear as well. With 3/5 majority could they change the rules? Where is the single subject rule for extraordinary sessions actually written? I dont see it in the MD constitution. And I dont expect the legislature to conform to tradition when it comes to Hogan.

    Nope, it is in state law, I have to find it, and they would have to pass a bill to change it.


    Yeah I looked for it today. I did not see it. There are three mentions of an extraordinary session. None say that the topic is limited. The three mentions: Gov can declare a extraordinary session by proclamation, a majority of both houses can request one, or one can be called prior to a regular session for apportionment. Its not clear to me that for the first two the topic is limited. The last, maybe the topic is limited to reapportionment, maybe not.

    Yep, the calling of one is there, but the single subject is not, but given that Maryland is a single subject state when it comes to legislation, it follows that any special sessions would be the same. I will look for it tomorrow when I have time.
     

    K-43

    West of Morning Side
    Oct 20, 2010
    1,882
    PG
    The pdf that dblas linkes states:
    "If a bill presented after the session is vetoed, the veto message must be considered immediately at the next regular or special session of the legislature,..."
    So the GA would be required to bring it up if they call a special session to elect a new leader.
    However, the posted document cites neither the State Constitution nor MD Code. We'll only know for sure by seeing the original source.
     

    danb

    dont be a dumbass
    Feb 24, 2013
    22,704
    google is your friend, I am not.
    The pdf that dblas linkes states:
    "If a bill presented after the session is vetoed, the veto message must be considered immediately at the next regular or special session of the legislature,..."[/]
    So the GA would be required to bring it up if they call a special session to elect a new leader.
    However, the posted document cites neither the State Constitution nor MD Code. We'll only know for sure by seeing the original source.


    That is a direct quote from the MD constitution.
     

    MDFF2008

    Ultimate Member
    Aug 12, 2008
    24,758
    Article 3 Section 29 of the Maryland Consitution:

    The style of all Laws of this State shall be, “Be it enacted by the General
    Assembly of Maryland:” and all Laws shall be passed by original bill; and every Law
    enacted by the General Assembly shall embrace but one subject
    , and that shall be
    described in its title; and no Law, nor section of Law, shall be revived, or amended by
    reference to its title, or section only; nor shall any Law be construed by reason of its
    title, to grant powers, or confer rights which are not expressly contained in the body
    of the Act; and it shall be the duty of the General Assembly, in amending any article,
    or section of the Code of Laws of this State, to enact the same, as the said article, or
    section would read when amended. And whenever the General Assembly shall enact
    any Public General Law, not amendatory of any section, or article in the said Code,
    it shall be the duty of the General Assembly to enact the same, in articles and
    sections, in the same manner, as the Code is arranged, and to provide for the
    publication of all additions and alterations, which may be made to the said Code.

    So it would require a Consitutional Amendment to change.
     

    Copterman

    Member
    Mar 7, 2018
    6
    HowCo
    Here's the actual text from dblas' citation in comment #17 earlier. It gives us the 20 days to write and call. Do both!

    Presentation of Bills to Governor: Except for constitutional amendments and the budget bill, presentation of all bills to the Governor is mandatory. The budget bill becomes law upon its final passage and cannot be vetoed. Bills must be presented to the Governor within twenty days after adjournment of a session, and in the case of such bills, the Governor may veto within thirty days after presentation. If the Governor does not veto a bill, it becomes law. The Governor may not veto a constitutional amendment.

    Veto Power: The power to override a veto rests with the legislature. If a bill is vetoed during a regular session, the veto message is considered immediately. If a bill presented after the session is vetoed, the veto message must be considered immediately at the next regular or special session of the legislature, except that the legislature during the first year of a new term may not override a veto. A three-fifths vote of the elected membership in each house is necessary to override a veto.
     

    danb

    dont be a dumbass
    Feb 24, 2013
    22,704
    google is your friend, I am not.
    So, last year was generally safe from override after the end of the regular session?

    Not quite: if a bill is presented more than 6 days before the end of the session, the veto override happens the same session. In other words, all the items they really want done, they make sure are moved to the .Gov desk in time to override same session.

    That is the general rule, important stuff moves early. Note that the legislature already overrode Hogan vetoes on a number of items already, before Sine Die.

    It's also noteworthy in my mind HB1000 did not get passed in time for a veto override this session. It could have, but didnt.
     

    PowPow

    Where's the beef?
    Nov 22, 2012
    4,713
    Howard County
    Right. I assume that's what they did with HB1302? Work was extremely crazy for me this time last year, so I didn't have a chance to follow.
     

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