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act public general laws and without regard
to the requirement that no county be ex-
empt from a public general law.
Under Delegate Clagett's amendment,
the legislature may act in the eight situa-
tions without regard to the requirement
that no county be exempt from a public
general law.
Under Delegate Clagett's amendment,
the legislature may act in the eight situa-
tions without regard to the requirement
that it act by public general law, but it
must adhere to the requirement that no
county be exempt.
DELEGATE PULLEN: That is a very
fine explanation. I am sorry I did not ask
you in the first place, but the comment I
would like to make is three French words.
It seems to me it is "la meme chose".
THE PRESIDENT: Delegate Case.
DELEGATE CASE: Mr. Chairman, I find
myself in this situation. Delegate Clagett
does not understand Delegate Carson, and
Delegate Carson does not understand Dele-
gate Clagett, and I do not understand
either one of them, and I am right in the
middle and I do not understand your ex-
planation either.
Now, what I am getting at is this: if the
second requirement of the so-called Clagett
Amendment, if that requirement must be
met, that is to say, no county can be ex-
empt, are you not thrown right back into
the first requirement by definition, namely,
that you have a public general law?
THE PRESIDENT: The Chair thinks so,
but it was merely explaining and not ex-
pressing an opinion.
DELEGATE CASE: If this is correct,
then I submit with all respect to Delegate
Clagett, his amendment does not make
any sense.
THE PRESIDENT: Delegate Mentzer.
DELEGATE MENTZER: I believe the
Style Committee made a serious error in
changing the wording of this section. I
would support Delegate Clagett's amend-
ment. I think it was a very desirable re-
form to come out of the local Government
Committee that counties should not be ex-
empt from public general laws. I think it
would be very desirable and the intent of
the Committee of the whole to go back
to this.
THE PRESIDENT: Are you ready for
the question?
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Delegate Clagett, you no longer have
the floor. You have spoken twice.
DELEGATE CLAGETT: I would like to
correct a misconception by Delegate Case.
THE PRESIDENT: I am sorry. Unless
there is unanimous consent, you do not
have the right to speak. Is there any ob-
jection to Delegate Clagett speaking a
third time?
The Chair hears no objection. You may
speak.
DELEGATE CLAGETT: Delegate Case,
I ask you to consider this example. If the
General Assembly passes a bill providing
that an income tax may be levied by Prince
George's County and Montgomery County,
that is a local law and that is all right.
If however, the General Assembly passes
a bill which says that all counties may im-
pose an income tax except Prince George's
County and Montgomery County, that is
a bill under the guise of a general law pro-
viding for an exemption or exception from
the effect of the general law, and that is
what I wish to prohibit.
It is that method of approach by the
General Assembly where we have had so
much trading back and forth where one
county says if you will exempt me from the
effect of this general law, I will vote to
exempt you from the effect of a general law
dealing with the area of natural resources
where, let us say, pollution is involved and
so it is traded back and forth.
THE PRESIDENT: Delegate Clagett, I
think you are going beyond the statements
you made. May the Chair ask you this,
and not in any attempt to confound the
issue, but merely to understand your last
comment. If I understand you, you gave
the illustration that under your amendment
a bill which would say that Prince George's
and Montgomery Counties could pass an in-
come tax law, would be valid, but that a
bill which said every county except Mont-
gomery and Prince Georges could pass an
income tax law would be invalid which led
me to the question if the bill in form said
that the following counties and named all by
the name except Montgomery and Prince
George's could enact an income tax law.
I take it under your first illustration that
would be valid. Is that what you are
saying?
DELEGATE CLAGETT: That is correct.
THE PRESIDENT: So the difference be-
tween the two then would be solely one
of form?
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