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DELEGATE CLAGETT: No, it is not
solely one of form. It is to carry out the
restriction upon the General Assembly that
if it attempts to act by way of a general
law, the prohibition or limitation with re-
spect to exemption from that general law
will still apply.
However, the basic purpose is not only to
restrict the General Assembly in these
eight areas from enacting local laws but
to try to have the General Assembly
eventually act only on a state-wide level
passing general laws. T,he past practice
has been to enact local laws and in some
areas it has been determined that they
must have that degree of flexibility.
We are continuing the practice of local
laws in those specific areas, but the dis-
tinction is a clear one. When it attempts to
act by way of the guise of the general law
then no exemption shall be permitted.
THE PRESIDENT: Delegate Hanson.
DELEGATE HANSON: Mr. President, I
hesitate to speak because I feel that the
assembly is ready to vote, but I am not al-
together certain that the assembly yet
knows what the issues are. I support Dele-
gate Clagett's amendment, and I do it for
this reason: I am somewhat reluctant to
provide any exceptions to general law be-
cause of the sorry practice in this State and
other states of both exceptions and of local
legislation. I think there is a considerable
difference between a local law which ought
to be permitted under the exemptions to the
general law rule and an exemption from
general law.
In other words, what I take to be intent
of both the Committee on Style and the
Committee on Local Government, and an
intent which I can agree in the interests of
doing something useful, is that the Gen-
eral Assembly can pass only general laws,
period, but in eight areas it can pass local
laws, and these eight areas in which local
laws can be passed are enumerated and
local laws apply to only one county or one
or two counties in the case of a multi-
county governmental unit.
Now, concerning the fact that the Gen-
eral Assembly may not exempt a county
from any general law. If that general law
happens to deal with natural resources,
then just because natural resources is
enumerated here, the General Assembly
should not be able to exempt a county from
a general law relating to water pollution,
for example.
On the other hand, under this section the
General Assembly could pass a local law
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that would relate to water pollution in one
county or in two counties in three counties
and the local laws might differ from county
to county. But if there were a general law,
no county should be exempted from that
general law.
Now, this is a situation which seems to
me to be desirable. It is the situation which
Delegate Clagett is attempting to achieve
in his amendment. It is the situation which
I believe the Local Government Committee
wanted and which I believe the Committee
on Style decided, and for that reason I
support the Clagett amendment.
THE PRESIDENT: Delegate Winslow.
DELEGATE WINSLOW: Mr. President,
I move the previous question.
THE PRESIDENT: The motion for the
previous question has been duly seconded.
All those in favor signify by saying Aye;
contrary No. The Ayes have it. It is so
ordered.
The question arises on the adoption of
Amendment No. 16-A as a substitute for
Amendment No. 16 to Committee Recom-
mendation LB-1, LB-2, and LB-3 as amend-
ed by S&D-16. This is not a final vote on
the adoption of Amendment No. 16-A. If
the motion is carried, Amendment No. 16-A
will be substituted for Amendment No. 16
and you will then vote on its adoption. If
the motion is lost, the question will be be-
fore you on the adoption of Amendment
No. 16.
The vote now is on the adoption of
Amendment No. 16-A as a substitute for
Amendment No. 16. A vote Aye is a vote
in favor of the substitution. A vote No is
a vote against.
Cast your votes.
Has every delegate voted ?
Delegate Boileau.
DELEGATE BOILEAU: Aye.
THE PRESIDENT: Delegate Boileau
votes Aye.
Has every delegate voted ? Does any
delegate desire to change his vote?
(There was no response.)
The Clerk will record the vote.
There being 61 votes in the affirmative
and 60 in the negative, the motion carries.
Amendment No. 16-A is substituted for
Amendment No. 16.
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