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DELEGATE JAMES (presiding) : The
matter is now open for questions concern-
ing any section.
Delegate Marion.
DELEGATE MARION: Delegate Hard-
wicke, my questions, I think, is a stylistic
one. Preceding or at the beginning of the
schedule of transitional provisions there is
a section on definition which defines prior
constitution as the Constitution of 1867.
That refers, I take it, only to the schedule
of transitional provisions. There is no simi-
lar definition section in the schedule of leg-
islation, and yet the words "prior constitu-
tion" are used throughout many sections of
that schedule of legislation.
I would assume that that is what is
meant, and assume that in some manner
that would have to be clarified to make it
clear what is meant by prior constitution
in those legislative sections.
DELEGATE JAMES (presiding) : Dele-
gate Hardwicke.
DELEGATE HARDWICKE : I think that
is a good point, Delegate Marion, but I
think the answer to the problem is that
any term as defined in the constitution
whether in the transitional provisions or in
the body of the constitution proper would
be a perfectly proper term to use in the
legislation and that the definition contained
in the constitution would carry over into
the legislation that is annexed to the con-
stitution pursuant to the constitution.
DELEGATE JAMES (presiding): Dele-
gate Marion.
DELEGATE MARION: My thought was
that each of these legislative sections will
in time have to stand on its own to be a
part of the statute law and they will not
as I understood from President Eney's
comments earlier this morning be included
with the constitution, but will be incor-
porated in the Code, in the statute law of
the State.
DELEGATE JAMES (presiding) : The
schedule of legislation will be incorporated
in the Code.
Delegate Marion.
DELEGATE MARION: Is what I am
referring to the schedule of legislation?
DELEGATE JAMES (presiding) : Dele-
gate Hardwicke.
DELEGATE HARDWICKE: I think-
that in the schedule of legislation you use
a lot of words and concepts which are con-
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cepts of this 1968 constitution, and I think
that you must look to the 1968 constitution
to get the meaning of the words used in
the schedule of legislation. It does not
bother me particularly that this particular
definition is not repeated in the legislation
because I think that it carries over into the
legislation by virtue of the fact the legis-
lation is enacted to the whole constitution,
and the words used in that legislation can
be defined by looking at the constitution
proper.
DELEGATE JAMES (presiding) : Dele-
gate Marion.
DELEGATE MARION: I have not
wanted to engage in a long discussion. I
think we are clear as to what it means, but
section 1 of the scheduled transitional pro-
visions only defines those words, for the
purposes of this schedule, which is sched-
ule of transitional provisions.
DELEGATE JAMES (presiding) : Dele-
gate Hardwicke.
DELEGATE HARDWICKE: I see your
problem, but I am not worried about it.
DELEGATE JAMES (presiding) : Dele-
gate Grant.
DELEGATE GRANT: As I understand,
this schedule of legislation will become ef-
fective on the adoption of the constitution,
on July 1st. Assuming the upcoming session
of the General Assembly should pass a law
effective July 2nd, would that law super-
cede the law which was passed which
would be effective July 1st?
DELEGATE JAMES (presiding) : Dele-
gate Hardwicke.
DELEGATE HARDWICKE: No, but let
me make a point in this connection. The
legislative leaders have already agreed that
all of the legislation put through the 1968
session will have the effective date of June
30, 1968, and not July 1, 1968, the latter
date being the date they ordinarily would
use, but in view of the fact we have picked
up existing laws as of June 30, 1968, all
of the new legislation coming out of the
coming session of the General Assembly
will bear an effective date of June 30, 1968.
It seems to me that since the people in the
State of Maryland on May 14 are going to
adopt this as their constitution, this legis-
lation as their legislation, that would carry
greater weight than contrary legislation
enacted in the coming session of the Gen-
eral Assembly.
DELEGATE JAMES (presiding) : It is
highly questionable whether you could en-
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