clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e

PLEASE NOTE: The searchable text below was computer generated and may contain typographical errors. Numerical typos are particularly troubling. Click “View pdf” to see the original document.

  Maryland State Archives | Index | Help | Search
search for:
clear space
white space
Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 3096   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space

3096 CONSTITUTIONAL CONVENTION OF MARYLAND [Jan. 2]

suggest which is much shorter would be
more appropriate. That language would
merely state that the limitations of this
section shall not apply to laws pertaining
to appropriation, etc., and go on and list
them.

It is merely a stylistic change of what
this section is intended to say, what Dele-
gate Penniman stated was the intent, and
what the Chairman on Style said was clari-
fying amendment without a substantive
change.

THE PRESIDENT: Delegate Clagett.

DELEGATE CLAGETT: When the sec-
tion 7.06 as recommended by the Local
Government Committee was considered by
the Committee of the Whole, it provided in
its content two limitations upon the Gen-
eral Assembly. The first of the two limi-
tations was that the General Assembly
should pass no public laws but only public
general laws and went on to define them
as being in terms and effect applicable
throughout the State.

The second limitation provided in 7.06
was one which appeared at the very end of
that section in the very last sentence and
it provided that no county shall be exempt
from a public general law.

Now, when the Style Committee con-
sidered 7.06 it took that second limitation
which was the last sentence of 7.06 and
moved it up and made it the second sen-
tence of 3.23 as you now find it appearing
in lines 44 and 45. When it did that, the
clear intent of section 7.06 when it added
the third sentence was to provide that the
General Assembly shall have the power not-
withstanding the limitations; and the "s"
on the word limitations means that the two
restrictions or two limitations are lifted
with respect to the eight exceptions to gen-
eral law and only general law, which ap-
pear later in the section.

Now, that is a style change which chang-
ed the substantive intent and meaning of
7.06, and laying aside all of the other con-
tent of 3.23 which the Style Committee
brought into and included in it, what I am
trying to do is to get back to the clear in-
tent of 7.06 before it was changed by Style
and that is why I was asking the Chair to
consider the amendment labeled CC as be-
ing one of style only to go back to the
language of 7.06.

THE PRESIDENT: Delegate Clagett,
in view of your explanation it is obvious
that the amendment proposed by you, CC,
is not the same and is not intended to be
the same as Amendment No. 16. The effect

of the first two sentences of the section are
not to apply to the items listed.

The purpose of your amendment is to
make it clear that the first only of those
two limitations is to apply. Therefore, if
Amendment No. 16 is adopted, your amend-
ment will be out of order. You may offer
your Amendment CC as a substitute to
Amendment No. 16 if you desire to do so,
and the Chair will recognize you for that
purpose at this time.

Delegate Clagett.

DELEGATE CLAGETT: That is exactly
what I would propose to do.

THE PRESIDENT: Pages please dis-
tribute Amendment CC, Charlie-Charlie.

DELEGATE CLAGETT: Charlie-Charlie
or Constitution Convention.

THE PRESIDENT: Delegate Carson,
will you please quickly look at Amendment
CC and advise the Chair to see if you
would be disposed to accept it as a substi-
tute for your amendment.

DELEGATE CARSON: Mr. Chairman, I
have seen Amendment CC earlier today
and I consider Amendment CC .to be a
change in substance —

THE PRESIDENT: At the moment all
the Chair desires to know is whether you
will accept it.

DELEGATE CARSON: Since I do con-
sider it one of substance and I do not con-
sider mine one of substance, I think it is
improper that it be considered as any sub-
stitute for mine.

THE PRESIDENT: The Chair's ruling
is that it may be considered because if
Amendment No. 16 is adopted, Amendment
CC could not be offered.

Amendment OC will be Amendment No.
16A.

The Clerk will read .the Amendment.

READING CLERK: Amendment No.
16A as amended by Report S&D-16 to
Committee Recommendation LB-1, LB-2,
and LB-3 by Delegate Clagett: On page 8,
section 3.23, General Application of Laws,
in lines 45, 46, 47 and 48 strike out the
following: "The General Assembly shall
have the power, notwithstanding the limi-
tations imposed by this section, to enact"
and insert in lieu thereof the following:
"The limitation of this section that the
General Assembly shall enact only public
general laws shall not apply to".



 

clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 3096   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.


Tell Us What You Think About the Maryland State Archives Website!



An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  November 18, 2025
Maryland State Archives