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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 1549   View pdf image (33K)
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[Dec. 1] DEBATES 1549

bill were introduced it could be provided
that the bill would hold over until the sec-
ond year, if appropriate legislation were
passed by the General Assembly; and we
leave that decision to the General Assembly
itself.

In section 3.17, Journal and Passage of
Bills, there will be an amendment offered
by the Committee to provide that the daily
journal shall be open to public inspection
at all reasonable times.

We have also provided that the daily
journal shall be published as soon as prac-
ticable. We have further provided that all
final committee votes on all bills in both
houses shall be entered by individual re-
corded vote in the daily journal, so that
how one votes in committee will become a
matter of legislative history of the legis-
lation.

Again we have provided less than the
constitutional majority for the passage,
and we have also provided that what in
effect is done presently, and that is when
the bill is passed on final passage, that the
roll call vote or the mechanically recorded
vote shall become part of the record of the
journal of the house.

We are turning now to section 3.18, Con-
flict of Interest. This reads:

"The General Assembly shall provide by
law for a code of ethics and for the regu-
lation of conflicts of interest for all elected
officials of the State of Maryland."

There will be a minority report which
will oppose this particular section 3.18, and
we will have an opportunity to debate it
a bit more later.

Section 3.01a is a ballad of the Commit-
tee to the genteel, dear old lady known as
"Annapolis." This is the meeting place of
the legislature. This was not a disputed
matter of the Committee. It was a spring
day, and everything was pleasant at that
time.

Section 3.17a, Special Legislation, has
been included, despite the fact that there
are some who believe that it is not neces-
sary as a result of certain action taken by
the Local Government Committee, and this,
no doubt, will be discussed later.

We have provided that the General As-
sembly shall pass no general law when the
general law is applicable, and we further
provide that this question is one which
shall be subject to judicial determination.

Also, "No law passed by the General As-
sembly shall take effect until the first day

of July following its passage unless other-
wise expressly declared therein." That is
very close to the present statute, and we
felt it necessary because of the fact that
we have extended the General Assembly
to a 9 day and 30 and 30 override to in-
clude this particular provision in the Con-
stitution.

That, Mr. Chairman, is the presentation
of Committee Recommendation LB-2.

(President H. Vernon Eney resumed the
Chair.)

THE CHAIRMAN: Are there any ques-
tions of the Committee Chairman?

Delegate Wagandt.

DELEGATE WAGANDT: I have a few
questions with respect to 3.03 and 3.03a.

You referred to the minority leader of
each house of the General Assembly ap-
pointing two persons to a commission on
legislative redistricting. I note that within
the last 100 years we have had the situa-
tion where there has been no minority
member of the state legislature, and I also
recall the occasion in 1958 when there were
only three Republican senators and three
Republican delegates elected.

Now, what should happen, for instance,
if there is no minority party in the Senate?
I would assume as long as we have a single
member from house districts this problem
will not arise in the lower house.

DELEGATE GALLAGHER: We did
not contemplate a time when the minority
party was so weak as to be unable to elect
at least one senator and one delegate.

THE CHAIRMAN: Delegate Wagandt.

DELEGATE WAGANDT: You would
not care to offer a suggestion as to what
would occur if that does happen?

DELEGATE GALLAGHER: If there is
no one to perform the position, then there
would be no appointee. It would be less
than a bipartisan committee.

THE CHAIRMAN: Delegate Wagandt.

DELEGATE WAGANDT: The next
question is in reference to your last sen-
tence in section 3.03, where you say "No
member of the commission shall hold popu-
larly elected office in the State."

Why did you not also include "public
office of profit"? This is a term which I
believe was used in reference to the ju-
dicial nominating commissions.



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 1549   View pdf image (33K)
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