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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 3002   View pdf image (33K)
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3002 CONSTITUTIONAL CONVENTION OF MARYLAND [Dec. 30]

ing one term shall not become effective be-
fore the next term." This would make it
perfectly clear that a salary increase could
be passed, but simply that it would not be
effective until the following term.

I think it more accurately sets forth the
position of the Committee.

THE PRESIDENT: Are there any ques-
tions of the sponsor of the amendment? Is
there any discussion?

Delegate Hardwicke.

DELEGATE HARDWICKE: Delegate
Gallagher, in the provisions with respect
to legislative transitional matters, there is
presently a plan to put in the salary
amount, I understand.

Now, could there not be a salary increase
enacted during the current term, if you use
this particular language, which then could
not become effective before the next term?

DELEGATE GALLAGHER: We cer-
tainly do not contemplate that this consti-
tutional language would be read so as to be
disallowed by section 3.09. It is our inten-
tion that the transition legislation would
bring about an increase to eight thousand
dollars for the present members of the Gen-
eral Assembly and could commence paying
it July 1, 1968. I think that is specifically
set forth in the language.

THE PRESIDENT: Delegate Hard-
wicke.

DELEGATE HARDWICKE: It seems
to me that this has a particular problem
that you did not have before because this
language "during one term" may foreclose
our making a legislative type exception,
which is what the schedule of legislation
does.

THE PRESIDENT: Delegate Gallagher.

DELEGATE GALLAGHER: I think we
had gotten around that by providing in the
transition legislation or schedule that the
increase shall be effective on July 1, 1968,
which it seems to me has to be considered
to be an exception to 3.09 as it appears in
this language we have before us.

If there is any problem there, I think the
thing to do is to clarify the transitional
legislation rather than try to change this
particular constitutional section.

THE PRESIDENT: If the Chair may
interrupt, Delegate Hardwicke's difficulty,
I am sure, is that the compensation provi-
sion for members of the General Assem-
bly is in the schedule of legislation, not in

the schedule of transitional provisions. I
think the matter can be handled by a clari-
fying phrase or sentence in the schedule of
transitional provisions which would make
it clear that the prohibition in this section
did not prevent the application of the sec-
tion in the schedule of legislation.

Delegate Hardwicke, can the Chair im-
pose on you to flag that for the two staff
members, staff advisors who are working
on the schedule of transitional provisions?

DELEGATE HARDWICKE: Yes, Mr.
President.

THE PRESIDENT: Thank you.
Is there any further discussion?
Delegate Clagett.

DELEGATE CLAGETT: A question of
Delegate Gallagher.

What is meant by "one term"? Does it
refer to the term of individual legislator,
or of the General Assembly, or what?

DELEGATE GALLAGHER: The mean-
ing of the term is the four-year period to
which one is elected.

THE PRESIDENT: Could you remove
any possible doubt, if it is necessary, by
using the language which you had in the
previous section and instead of saying
"term" say "term of office"?

DELEGATE GALLAGHER : That
would be quite acceptable, Mr. President.

THE PRESIDENT: Does that meet
your problem, Delegate Clagett?

Can the amendment be considered modi-
fied by inserting the words "of office" after
"term" in line 7? Is there any objection?

If there is no objection, the amendment
is so modified.

Is there any further discussion? Are you
ready for the question?

(Call for the question.)

The question arises now on the adoption
of Amendment No. 9 to Committee Rec-
ommendation LB-1, LB-2, and LB-3, as
amended by S&D-16. A vote Aye is a vote
in favor of Amendment No. 9. A vote No
is a vote against.

Cast your votes.
(Whereupon, a roll call vote was taken.)

THE PRESIDENT: Has every delegate
voted?



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 3002   View pdf image (33K)
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