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is to permit the Orphans' Courts to serve
out their full term along with the register
of wills.
Section 35. This is an office that many
of you are interested in. It provides that
the constitutional office of sheriff will not
exist on January 6, 1971, and thereafter.
Until that date we will continue the pro-
visions of the present constitution.
Section 36 holds off certain features of
the cost of judicial system until January 1,
1970, to coincide with the time that the
district court goes into effect.
That is a rather quick touch on the ju-
dicial article; you will want to come back
to it in more detail.
Local Government. In section 37 there
are two major functions that we are deal-
ing with. First is the prohibition against
local legislation that used to be in old
section 7.05. It is that the General Assem-
bly shall not pass any local legislation.
The second feature that we are dealing
with is the shared powers concept of old
section 7.06. We are providing in section
37, an extremely important section, that
the limitation on the General Assembly's
passing local legislation as well as the im-
plementation of the shared powers concept
will be suspended until January 6, 1971,
unless the General Assembly shall provide
an earlier date.
In effect, therefore, we are saying that
since a number of counties do not have
charters and since the time required to
get an effective charter or instrument of
government may very well take them on
into the elections in the fall of 1970, there
is not going to be a constitutional require-
ment that the local government articles go
into effect until January 6, 1971. It is on
that date that your new county executives
or county councils or whatever they are go-
ing to be called will then take office and
the old county commissioners will go out of
existence.
Section 38 provides that the General
Assembly shall be law set up a procedure
for the adoption of an instrument of gov-
ernment for the various counties and then
it goes on to provide that the General As-
sembly can have a model charter or model
instrument of government and it is this
model charter or model instrument which
will automatically go into effect in the vari-
ous counties that for one reason or another
failed to adopt an instrument of govern-
ment in time for the elections of 1970.
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Section 39 is a provision that once a
county has an instrument of government,
the General Assembly shall not enact for
that county its local laws. It is a continua-
tion of the effect of the present Constitu-
tion with regard to charter counties.
Section 40 is set up for the City of Bal-
timore. I am sure that you are aware of
the fact that if the City of Baltimore
wishes to issue bonds at the present time,
they have got to come to the General As-
sembly and get approval for any bonds
that they issue.
We felt that it was unfair to continue
this requirement for Baltimore City when
none of the charter counties such as Mont-
gomery County, Anne Arundel County,
Baltimore County, have to come to the
General Assembly to have their bond issues
approved, so the purpose of section 40 is
to delete that requirement for the City of
Baltimore until such time as old section
7.05 and old 7.06 go into effect when it
would not be a requirement anyway.
It does make clear that the City of Bal-
timore has to conform to certain other re-
quirements, that is, as to the amounts of
the bonds and the modus of the issue of
them which all the other counties have got
to conform to.
Section 41 deals with a number of mis-
cellaneous items in state finance and taxa-
tion. Generally speaking, it deals with the
requirement of the uniformity of assess-
ments with regard to the legislature acting
to create certain classes for the purpose of
taxation, etc. I think if you will look at
those sections referred to, that it will be
self-explanatory.
Section 42 is a provision that we have
inserted in order to make clear that all of
the bonds and other evidences of indebted-
ness authorized by the General .Assembly
or by any local legislative body prior to the
effective date of this constitution shall be
governed by the constitutional provisions
and laws in effect at the time of authori-
zation.
On page 15, we are dealing with matters
of a much lower category, of a much lesser
magnitude, and I think that section 1 under
personal rights will show you exactly the
kind of problem that we have in this
schedule.
You will remember that we put a pro-
vision into the new constitution which is
modeled after the one in the prior Con-
stitution which says that a person shall not
hold more than one office of profit or trust,
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