|
could apply to one or more counties. In
view of the fact that our original recom-
mendation contained no provising for re-
ferring laws that were applicable to only
one county, we are now proposing to in-
clude in the constitution a provision which
would take care of that situation.
The percentage requirement in proposed
Amendment No. 12 is the same as in the
present Constitution. It also includes in
this Amendment No. 12 the same limita-
tions on the referendum in terms of taxing
power or law pertaining to an appropria-
tion as is appropriate to state-wide laws.
I sincerely hope for your support of this.
THE PRESIDENT: Are there any ques-
tions of the sponsor of the amendment?
Delegate Sollins.
DELEGATE SOLLINS: Delegate Koss,
I note that in the exceptions, beginning on
line 15, you do not include legislative ap-
portionment and districting or congres-
sional districting. I bring this up because
as I read this it says the General Assembly
shall prescribe by law procedures pertain-
ing to a law enacted by it and applicable
in only one county.
I could foresee a situation where a legis-
lative districting law would be applicable
only in one county, even though several
counties may be covered. I just suggest that
perhaps it might be appropriate to include
that language to avoid any confusion there.
THE PRESIDENT: Delegate Koss.
DELEGATE KOSS: First of all, it
would seem to me that any law providing
for a congressional districting or for reap-
portionment would be a public general law.
I cannot conceive of one which would apply
to only one county and be considered a
local law.
Districting of a county for the purposes
of electing county officials would be subject
to whatever referendum its local instru-
ment of government provided. I assumed
you were referring to congressional dis-
tricting or districting of the General
Assembly.
THE PRESIDENT: Delegate Sollins?
DELEGATE SOLLINS: I do not note
from the language of the amendment that
it says specifically local laws. It merely
says the General Assembly shall prescribe
by law procedures concerning a law en-
acted by it and applicable only in one
county.
|
I suggest that there is this possibility, a
remote situation admittedly, but very pos-
sible occurence where a county may not be
satisfied with the redistricting procedure
established by the General Assembly, and
may desire to petition that particular por-
tion of the law to referendum.
THE PRESIDENT: Delegate Koss.
DELEGATE KOSS: It would seem to
me that in order for it to be subject to
referendum under this proposed section
2.14, it would have to be a general law. I
cannot conceive of the possibility of a re-
districting law applicable only in one
county.
THE PRESIDENT: Delegate Sollins.
DELEGATE SOLLINS: Chairman Koss,
would you accept an amendment to your
proposal here, adding "legislative appor-
tionment and districting or congressional
districting"?
THE PRESIDENT: Delegate Koss.
DELEGATE KOSS: Delegate Sollins, I
am not convinced that it is necessary. Cer-
tainly it was not the intent, but I am con-
vinced that that kind of additional lan-
guage is necessary.
THE PRESIDENT: Delegate Sollins.
DELEGATE SOLLINS: I have a ques-
tion in another area, Mr. Chairman.
THE PRESIDENT: All right.
DELEGATE SOLLINS: May a local law
as you describe it still be petitioned to ref-
erendum statewide as provided in section
2.10?
THE PRESIDENT: Delegate Koss.
DELEGATE KOSS: How do you define
"local law"?
THE PRESIDENT: Delegate Sollins.
DELEGATE SOLLINS: As you have
defined it, applicable to one county.
THE PRESIDENT: Delegate Koss.
DELEGATE KOSS: Theoretically, yes.
Practically, I am in doubt.
THE PRESIDENT: Delegate Cardin?
DELEGATE CARDIN: Mr. President, I
was going to answer our interpretation of
Delegate Sollins' question. We are under
the impression that laws that are subject
to referendum would be those laws which
are subject, with the restrictions applicable
in section 2.10. Legislative apportionment,
|
