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This is the way that we bring that to
you. It has been worked out rather care-
fully beginning with the local government
group, but also in conversations with virtu-
ally everybody else who has had a concern
with any portion of that article.
DELEGATE JAMES (presiding): Dele-
gate Raley.
DELEGATE RALEY: Mr. Chairman, in
that section providing for the regulation of
departments, agencies and instrumentali-
ties, could you clarify that for me ? Does
that mean that if an agency, say the De-
partment of Chesapeake Bay Urban Af-
fairs, issues a law that says the oyster
season in the Wicomico River will be from
September 15 to October 15, that the Gen-
eral Assembly could then pass a local law
affecting that and rubbing it out and eras-
ing it?
DELEGATE PENNIMAN: I think this
is a question that, in the absence of Dele-
gate Moser, I might refer to Delegate
Clagett, since this is one of those instances
where we picked it up virtually bodily from
the local government article.
DELEGATE JAMES (presiding): Dele-
gate Clagett.
DELEGATE CLAGETT: The answer is
in the affirmative. The General Assembly
could do so.
DELEGATE PENNIMAN: Delegate
Raley —
DELEGATE RALEY: So I can under-
stand this, because it seems that you are
giving this, if I understand what you are
doing, it means that any administration
edict of an administrative authority can be
countermanded by an act of the General
Assembly on a local law, and then you go
on and say that the General Assembly can
also pass other laws having to do with
natural resources on a local basis. Is that
correct?
DELEGATE CLAGETT: That is correct.
DELEGATE JAMES (presiding): This
would have to be a part of the general
code, and it would be administered on the
state level, of course.
DELEGATE CLAGETT: That is correct.
DELEGATE JAMES (presiding): Are
there any further questions ?
Delegate Willoner.
Delegate Raley, have you finished?
DELEGATE RALEY: I am just con-
fused.
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You said it would be part of the state-
wide code. Nonetheless, it seems to me they
can pass any local law they want in these
fields, and these are tremendous fields, as
you well know. It does not make any dif-
ference whether it is the local code or gen-
eral law. It means —
DELEGATE JAMES (presiding): Are
you asking a question, Delegate Raley?
DELEGATE RALEY: No.
DELEGATE JAMES (presiding): Dele-
gate Willoner.
DELEGATE WILLONER: My question
was along the same lines to Delegate Clag-
ett. Is it not true that the General Assem-
bly could pass a law and make a depart-
ment of Wicomico River affairs ? There
would be no limitation on what a local as-
sembly could do. It would not have to be
administered statewide, would it?
DELEGATE CLAGETT: It would not.
DELEGATE JAMES (presiding): Dele-
gate Freedlander.
DELEGATE FREEDLANDER: May I
direct a question to Delegate Gallagher,
please?
DELEGATE JAMES (presiding): Will
Delegate Gallagher yield?
DELEGATE GALLAGHER: Yes.
DELEGATE FREEDLANDER: In your
opinion would the exceptions of natural en-
vironment and resources be substantive
rather than any style changes?
DELEGATE GALLAGHER: My per-
sonal opinion would be that the changes
are substantive. At least, I would so evalu-
ate them.
DELEGATE JAMES (presiding): Dele-
gate Penniman.
DELEGATE PENNIMAN: The reason I
call them to the attention of the group is
precisely that we were unsure of their
status. There had been the colloquies on
the floor which called attention to this. The
representatives who were concerned with
the writing of the education section, Dele-
gate Lord, Delegate Maurer, Delegate
Moser, Delegate Kirkland and others who
were involved in the discussions, made
clear to me that these were part of the
discussions. I have seen a transcript as a
result of their efforts to produce a .tran-
script, and so we were faced with this prob-
lem, Delegate Freedlander: We could have
called attention to their absence and they
could have been proposed on the floor, or
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