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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 3278   View pdf image (33K)
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3278 CONSTITUTIONAL CONVENTION OF MARYLAND [Jan. 4]

THE CHAIRMAN: Delegate Moser.

DELEGATE MOSER: Mr. Chairman, I
am a little bit surprised at the questions
and the opposition in view of several facts.
Number one, this provision was a specific
item in the schedule of legislation, transi-
tional legislation, which the Local Govern-
ment Committee, after due notice to all
members, adopted formally by actual jour-
nal vote and sent on to the General Provi-
sions Committee or whatever committee
was going to consider the provisions relat-
ing to transitional provisions. My recollec-
tion is the vote was 15 to 0, and the only
change was one of style in lines 15 and 16.

Point two, it was a specific point of what
the Local Government Committee intended
to do with respect to municipalities.

Number three, nowhere in Article 23A
does a similar provision appear. It is neces-
sary. It is not in 23A, because it is in the
Constitution. It is wholly and entirely, and
notwithstanding the comments of Delegate
Hardwicke, in complete accord with the
provisions of the constitution and specifi-
cally with the provisions of the Local Gov-
ernment Article.

THE CHAIRMAN: Delegate Clagett.

DELEGATE CLAGETT: Mr. Chairman,
I do not wish my questions to be miscon-
strued as being opposition. I am satisfied
by the answers, or substantially satisfied by
the answers given by Delegate Grant and
am not opposing this amendment.

THE CHAIRMAN: Delegate Weidemeyer.

DELEGATE WEIDEMEYER: Mr. Presi-
dent, so as to clear up some of the doubtful
promises, I would like to ask Delegate
Moser a couple of questions.

THE CHAIRMAN: Delegate Moser, do
you yield to a question?

DELEGATE MOSER: Yes, sir.
THE CHAIRMAN : Delegate Weidemeyer.

DELEGATE WEIDEMEYER: Is it not
true that this amendment does not give any
constitutional provision, but only a tempo-
rary statutory implementing provision,
which must be consistent with, and not in-
consistent with, the constitutional provi-
sions of section 7.05 and 7.06?

DELEGATE MOSER: Yes.
THE CHAIRMAN: Delegate Weidemeyer.

DELEGATE WEIDEMEYER: Is is not
true that this is merely a stop-gap piece
of legislation to take care of the situation

until such time as the legislature can
either repeal or re-enact this provision and
give the necessary authority under the pro-
visions of section 7.07 and 7.05 and 7.06?

THE CHAIRMAN: Delegate Moser.
DELEGATE MOSER: Yes.
THE CHAIRMAN: Delegate Mentzer.

DELEGATE MENTZER: I have a ques-
tion to Delegate Grant.

THE CHAIRMAN: Delegate Grant, do
you take the floor to yield to a question?

DELEGATE GRANT: Yes, sir.
THE CHAIRMAN: Delegate Mentzer.

DELEGATE MENTZER: In line 9
where it uses the phrase "local laws," does
that not mean laws of that municipality?
I wanted to be sure about that.

THE CHAIRMAN: Delegate Grant.

DELEGATE GRANT: Yes. I would
mean municipal ordinances.

THE CHAIRMAN: Delegate Hardwicke.

DELEGATE HARDWICKE: Mr. Chair-
man, ladies and gentlemen, I want to point
out that this Convention has supported the
final recommendations of the ad hoc sub-
committee on transitional provisions con-
sistently, and I do not think you should
make an exception here.

First of all, I want to point out that the
only things that we can include in this
schedule of legislation are matters which
are urgent and important.

Those two adjectives occur in section 17
of the implementing legislation, urgent and
important. It must be so urgent and so im-
portant that 'they cannot wait until the
next general session of the legislature.

Now, assuming that this amendment has
all of the merit and all of the virtues
which its proponents claim that it has,
there is absolutely no reason that has
been shown that this cannot wait until the
new session of the legislature in 1969.

I think that the questions that have been
directed toward the sponsors show that
you have misgivings about it. They show
that there is some difficulty in under-
standing it.

Let me point out that in sections 12, 13,
and for around twenty or thirty pages of
the existing Code, there is ample provision
made for the amendment to existing mu-
nicipal charters. For example, section 12



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 3278   View pdf image (33K)
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