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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1628   View pdf image (33K)
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1628 CONSTITUTIONAL CONVENTION OF MARYLAND [Dec. 2]

eliminated the word "printed", which we
felt argued very much against the posi-
tion we wished to take.

Consequently, I have prepared the lan-
guage which you have before you in
Amendment No. 17, which would now make
the sentence in section 3.16 read, "except
during the first four days of special ses-
sion, no vote on final passage of a bill shall
be taken until the bill and all amendments
shall be in writing."

I think this is clearer to the interpreta-
tion and the desired result which we
sought to achieve in the Committee. There-
fore, I would urge the adoption of the
amendment, Mr. Chairman.

THE CHAIRMAN: Is there any further
discussion?

Are you ready for the question?
Delegate Della.

DELEGATE DELLA: Mr. Chairman,
this is the present procedure. When a bill
is brought over from another chamber,
amendments are attached to the bill, and
the bill is stamped as being amended.

Under the proposal as stated in LB-2,
you might get the impression that that bill
would have to go back to the printer and be
printed before it is returned to the house
of origin. This would permit the bill to be
returned as long as the amendments are
printed and attached to the bill and it
would expedite the legislative procedure,
and I think it is very necessary that this
amendment be attached to the proposal.

THE CHAIRMAN: Delegate Della, you
used a word I think inadvertently. You said
as long as the amendments are printed.
You mean as long as they are written re-
gardless of whether they are printed.

DELEGATE DELLA: Written, yes.
THE CHAIRMAN: Delegate Gallagher.

DELEGATE GALLAGHER: Mr. Chair-
man, I am trying to determine whether or
not we might better get the sense of the
present practice which we wish to retain
by perhaps adding the word, "adopted,"
after "amendment," and "all amendments
adopted shall be in writing." I would ask
Delegate Della and Senator James if they
believe this would be preferable or would
they desire the language as it exists in the
amendment?

THE CHAIRMAN: Delegate Della.

DELEGATE DELLA: If the amend-
ment is going to be sent back to the house

from which the bill originated, those
amendments must be adopted by the sec-
ond house.

THE CHAIRMAN: Delegate Della, I
think the question goes to a different point.
It is not intended that amendments offered
and not adopted are required to be at-
tached to the bill, is that correct?

DELEGATE DELLA: That is true.
They are not adopted. I mean that they
are not accompanying the bill. Those
amendments are not adopted. It is only
those amendments that are adopted.

THE CHAIRMAN: Delegate Gallagher,
would the problem be solved by adding the
word, "thereto," after "amendments"?

DELEGATE GALLAGHER: It would,
Mr. Chairman.

THE CHAIRMAN: Do you desire to
make that change?

DELEGATE GALLAGHER: I would
move therefore to insert after the word
"amendments," on line 5 of Amendment
No. 17, the word, "thereto."

THE CHAIRMAN: On the theory that
an amendment is not an amendment there-
to to the bill unless it has been adopted.

DELEGATE GALLAGHER: That is
correct, sir.

THE CHAIRMAN: Delegate Case.

DELEGATE CASE: Will Delegate Gal-
lagher yield for a question?

THE CHAIRMAN: Delegate Gallagher.
DELEGATE GALLAGHER: Yes, sir.
THE CHAIRMAN: Delegate Case.

DELEGATE CASE: Delegate Gallagher,
do the words, "in writing," permit an
amendment by interlineation in hand, hand
script?

THE CHAIRMAN: Delegate Gallagher.

DELEGATE GALLAGHER: Well, it is
subject to that possible interpretation but
we have said that we are following the
present practice and the present practice is
not to use handwritten amendments.

THE CHAIRMAN: Delegate Case.

DELEGATE CASE: Is there any way
that it can be made clear that the amend-
ment at least ought to be typed or put in
some form that the members of the houses
can read them?



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1628   View pdf image (33K)
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