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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 2043   View pdf image (33K)
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[Dec. 8] DEBATES 2043


I to our amendment, then at least we will be

I able to take some pulse of the Assembly
I and perhaps wrap up this business.

t THE CHAIRMAN : Delegate Rybczynski.

I DELEGATE RYBCZYNSKI: Will the
1 delegate yield?

j THE CHAIRMAN: Delegate Scanlan,
1 will you yield for a question?
1
I DELEGATE SCANLAN: Yes.

a

j THE CHAIRMAN: Delegate Rybczynski.

1

1 DELEGATE RYBCZYNSKI: Can we

9 gather from your argument that we also
I reconsider Delegate Byrnes' amendment?

1 THE CHAIRMAN: Delegate Scanlan.

j DELEGATE SCANLAN: Oh, no, if this
i is defeated, I will take the best of the pos-
1 sible, and while I am not entirely happy
J with Delegate Byrnes' amendment and it
1 suffers from lack of constitutional sym-
1 metry referred to by Delegate Gallagher,
f nevertheless I would prefer it.

n
1 Amendment No. 21 despite its wordiness

I think gives you the chance to adopt the
principle of flexibility and leave most of
these things to the General Assembly which
will act wisely in the matter.

THE CHAIRMAN: Delegate Schloeder,
will you take the floor to yield to a question
from Delegate Beatrice Miller?

DELEGATE SCHLOEDER: Yess.

THE CHAIRMAN: Delegate Beatrice
Miller.

DELEGATE B. MILLER: Mr. Chair-
man, I am sorry, but my question was not
to Delegate Schloeder but to Delegate
Hanson.

THE CHAIRMAN: I am sorry.

Does any other delegate desire to speak
in opposition?

If not, Delegate Hanson, will you take
the floor to yield to a question from Dele-
gate Miller?

DELEGATE HANSON: Yes.
THE CHAIRMAN: Delegate Miller.

DELEGATE B. MILLER: Delegate Han-
son, the Committee on Local Government
has now informed the Committee on Style
that an enabling act for one or more spe-
cific counties is not a general public law
but another kind of law.

Do you mean that your "otherwise pro-
vided by public general law" should apply

to all counties at once, or do you mean it
for one county?

THE CHAIRMAN: Delegate Hanson.

DELEGATE HANSON: I mean that
general public law as used in this amend-
ment means exactly the same as it means
in section 7.06 of the local government
article.

THE CHAIRMAN: Delegate Miller.

DELEGATE B. MILLER: In that case,
it would be a law that would apply to all
counties at the same time. It could not
apply to a county.

THE CHAIRMAN : Delegate Hanson.

DELEGATE HANSON: That is my un-
derstanding.

THE CHAIRMAN: Delegate Borom.

DELEGATE BOROM: Mr. Chairman,
may I comment on Delegate Hanson's
answer?

For purposes of clarification, his addi-
tional statement is true that the General
Assembly could pass a law that applied to
all counties.

On the other hand, as we in the Local
Government Committee have construed the
public general law, the General Assembly
could act to permit each county to act ac-
cording to its own wishes and desires.

THE CHAIRMAN : I take it from what
Delegate Hanson has said and from the
language of the amendment that that latter
kind of statute would not be the kind re-
ferred to here, because you would then have
to be supplemented further by county action.

Would that not be true, Delegate Borom?
Delegate Hanson?

DELEGATE HANSON: Mr. Chairman,
that would be true. However, my under-
standing is that that would be contemplated
by the language that we have used here,
and that that would be a general law. As
I indicated in the responses to questions
when I first introduced the amendment, one
of the kinds of general laws that could be
passed would be one which would grant
options available to the counties.

THE CHAIRMAN: The question as I
understood it was whether it would em-
brace a law authorizing one county to do a
specific thing.

Was that your question, Delegate Miller?
DELEGATE B. MILLER: Yes.



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 2043   View pdf image (33K)
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