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this schedule of transitional provisions was
prepared, but is now in Article 8. However,
it reads, "Sovereign immunity may not be
pleaded as a defense in suits against the
State or any units of local government, or
any of their departments or agencies, ex-
cept to the extent and in the manner pre-
scribed by law."
I take it that means that the General
Assembly determines the extent to which
you may or may not plead sovereign im-
munity. I would think that the provision
with respect to jury trial would be ap-
plicable, in any case, as to when sovereign
immunity could not be pleaded.
Delegate Gilchrist.
DELEGATE GILCHRIST: Mr. Chair-
man, ladies and gentlemen, I should like to
urge the delegates to vote against this
amendment, for two very good reasons. One
of them is that the provision itself re-
quires the legislature to stipulate the con-
ditions under which sovereign immunity
may be pleaded. You put this provision
into effect on July 1, 1968. It would allow
the legislature from May 14 until July 1 to
establish standards. There are twenty-four
counties in this State; there are 152 mu-
nicipalities; and there are countless agen-
cies and boards operating either on a gov-
ernmental or quasi-governmental basis who
need to be able to protect themselves
against suits arising because of the aboli-
tion of the doctrine of sovereign immunity.
It has been 190 years since this doctrine
started its existence in Maryland law. To
abolish it and to say that all of the gov-
ernmental agencies in the State of Mary-
land have six weeks in order to find an
opportunity to protect themselves 'is ri-
diculous.
I suggest strongly that you would be do-
ing an extreme disservice to all of the
agencies of local government and state gov-
ernment if you pass this amendment.
THE CHAIRMAN: Delegate Johnson.
DELEGATE JOHNSON: Mr. Chairman,
I just want to say this in rebuttal to what
Delegate Gilchrist has said. The General
Assembly and the subdivisions of this State
do not have six weeks, Delegate Gilchrist
and fellow delegates. They have six months.
They have from the time we draft this
constitution to prepare for this particular
provision. I suggest and submit that they
will do so if you act accordingly.
THE CHAIRMAN: Are you ready for
the question?
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Delegate Hardwicke?
DELEGATE HARDWICKE: Mr. Chair-
man, I would just like to state very briefly
that in general it has been our policy that
where the legislature must do something
or is permitted by this Convention to do
something before a given section can be
implemented, we have delayed the effect of
that implementation, and I think that we
mean what we say when we adopt the lan-
guage in the sovereign immunity section.
You simply have to defer the effective date
of this section. I do not see how you can
consistently do anything except put off that
effective date and vote this amendment
down.
THE CHAIRMAN: Are you ready for
the question?
(Call for the question.)
The question arises upon the adoption
of Amendment No. 3 to Committee Recom-
mendation GP-13.
A vote Aye is a vote in favor of Amend-
ment No. 3. A vote No is a vote against.
Cast your votes.
(Whereupon, a roll call vote was taken.)
Has every delegate voted? Does any dele-
gate desire to change his vote?
(There was no response.)
The Clerk will record the vote.
There being 20 votes in the affirmative,
and 83 in the negative, the motion is lost.
The amendment is rejected.
Will you please, on your blue copy of
the amendment, correct the typographical
error in the caption at the top of page 3.
It is, of course, not "suffrage." Strike out
the "E".
Are there any amendment to section 4?
The Chair hears none.
Amendment to section 5?
Delegate Marion, do you desire to offer
your Amendment K?
DELEGATE MARION: I do, Mr. Chair-
man.
THE CHAIRMAN: Pages please dis-
tribute Amendment K.
Delegate Hargrove, Delegate Hardwicke
has called the attention of the Chair to the
fact that the Chair's answer to your earlier
question as to jury trial in connection with
section 3-C, if not entirely inaccurate, was
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