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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 3113   View pdf image (33K)
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[Jan. 3] DEBATES 3113

any study of the volume of special legisla-
tion? My offhand impression is that there
is very little.

DELEGATE GALLAGHER: It was our
experience there had been virtually no spe-
cial legislation during the period of time
we were in the General Assembly.

DELEGATE JAMES (presiding) : Dele-
gate Scanlan.

DELEGATE SCANLAN: I would like to
move the previous question.

(The motion was duly seconded).

DELEGATE JAMES (presiding) : The
question arises upon the adoption of
Amendment No. 18 to Committee Recom-
mendations GP-1, LB-2 and LB-3 as
amended by Style Committee Report S&E-
16. The Clerk will ring the quorum bell.

Delegate Borom.

DELEGATE BOROM: Can we take at
least a voice vote on moving the previous
question?

DELEGATE JAMES (presiding) : Yes.

The question arises on moving the pre-
vious question.

All those in favor signify by saying Aye ;
contrary, No. The Ayes have it. It is so
ordered.

We will record the vote. Has everyone
recorded his vote? The Clerk will record
the vote. There being 20 votes in the af-
firmative, and 73 in the negative, the
amendment is rejected.

Delegate Gallagher.

DELEGATE GALLAGHER: With no
objection, on line 19 of page 19, before the
word "general" we put "an existing", to
make this perfectly clear, an insert from
the floor, so to speak.

DELEGATE JAMES (presiding) : Is
there any objection to the verbal amend-
ment?

DELEGATE GALLAGHER: On line 19,
the word "a" be stricken, and the words
"an existing" be substituted.

DELEGATE JAMES (presiding) : This
would be Amendment No. 19. See that an
amendment is prepared.

All those in favor of the amendment sig-
nify by saying Aye; contrary, No.

The Clerk will ring the quorum bell, and
we will take a vote.

Before making the change, is there any
discussion.

Dr. Pullen? Discussion?

The members will record their vote on
Amendment No. 19. Has everyone recorded
his vote? The Clerk will record the vote.

There being 79 votes in the affirmative,
and 10 in the negative, Amendment No. 19
is adopted.

(At this point, President H. Vernon Eney
resumed the Chair).

THE PRESIDENT: This will be Amend-
ment No. 20. The Clerk will read the
amendment.

READING CLERK: Amendment No. 20
to Committee Recommendations LB-1, LB-2,
L-B 3, as amended by Style Committee Re-
port No. S&E-16 by Delegates Macdonald
and others: On page 9, section 3.23, Gen-
eral Application of Laws, in lines 2 and 3
strike out the words "pertaining to natural
environment and resources;".

THE PRESIDENT: Delegate Wagandt,
do you desire to submit this amendment?

DELEGATE WAGANDT: Yes, I do.

THE PRESIDENT: The Chair recog-
nizes Delegate Wagandt.

DELEGATE WAGANDT: The purpose
of this amendment is to prevent the Gen-
eral Assembly from passing laws with re-
spect to general resources. This was our
intent when it came before the Committee
of the Whole. Apparently there were mem-
bers of the General Provisions Committee
who interpreted otherwise, and so informed
Style and Drafting.

Let us take a closer look at what hap-
pens if the General Assembly is allowed
to enact a local law in this area of natural
resources. By so doing you will allow the
legislature to set, if it so desires, a differ-
ent oyster season for each Bay county. To
take another example, we could have one
law for the minimum size of clams taken
on the Queen Anne County side of the
Chester side of the river, and another law
prescribing a different minimum size for
clams taken on the Kent County side of the
Chester River.

This, incidentally, is not a hypothetical
case. This is the actual situation as it
exists today. We believe that the General
Assembly can adequately provide for the
conservation and improvement of natural
resources through public general law, and
through regulatory agencies.



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 3113   View pdf image (33K)
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