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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 528   View pdf image (33K)
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528 CONSTITUTIONAL CONVENTION OF MARYLAND [Nov. 9]
THE PRESIDENT: Committee Report
EB-I is referred to the Committee on
Calendar and Agenda. Are there any other
reports, Mr. Clerk?
CHIEF CLERK: There will be, but
there are none here.
THE PRESIDENT: The next item of
business, introduction and first reading of
proposals. You should have on your desk
two memoranda by Delegate Finch. One is
a supplemental memorandum accompanying
Delegate Proposal No. 419, and the other
is a memorandum accompanying Delegate
Proposal No. 285.
Delegate Proposal No. 445. The Clerk
will read the proposal.
READING CLERK: Delegate Proposal
No. 445, by Delegate Forrios. Title,
A PROPOSAL that no statute, state
agency regulation, or ordinance of a mu-
nicipality or political subdivision of the
State shall be valid if it restrains or
hampers the freedom of normal commercial
or contractual activities between those en-
gaged in intrastate trading in legal com-
modities, unless the prohibitions or mandates
contained therein directly protect the
health, safety or welfare of the citizens of
the State.
THE PRESIDENT: Delegate Proposal
No. 445 is referred to the Committee on
Local Government.
I should announce that accompanying
Committee Recommendation GP-4 is Com-
mittee Memorandum GP-4.
Are there any motions or resolutions?
(There was no response.)
If not, the Chair recognizes Delegate
Powers.
DELEGATE POWERS: Mr. President,
I move the Convention resolve itself into
the Committee of the Whole for the pur-
pose of considering orders of the day, sub-
ject to Debate Schedules Nos. 1 and 2 pre-
viously adopted.
THE PRESIDENT: Is there a second?
(Whereupon, the motion was seconded.)
All those in favor of the motion to re-
solve into the Committee of the Whole,
signify by saying Aye; contrary, No. The
Ayes have it. It is so ordered.
(Whereupon, at 10:13 A.M., the Conven-
tion resolved itself into the Committee of
the Whole.)
COMMITTEE OF THE WHOLE
NOVEMBER 9, 1967—10.-13 A.M.
PRESIDENT H. VERNON ENEY,
PRESIDING
(The mace was removed by the Ser-
geant-at-Arms.)
' THE CHAIRMAN: The Committee of
the Whole will come to order. We are at
the point on which section 3.04 is still sub-
ject to amendment. Just before the Com-
mittee of the Whole arose yesterday, the
Chair had recognized Delegate James
dark, and he still has the floor. We spent
a great deal of time yesterday in debating
various amendments with respect to section
3.04. There are still some amendments to
be offered dealing with this same problem,
of the size of the legislature. Since the
adjournment of the session of the Conven-
tion yesterday, there have been some con-
ferences in an effort to bring to a quick
decision the question of the size of the
legislature. In an effort to do this, to pre-
sent clearly to the Committee of the Whole
what seem to be the probable two alterna-
tives, the following procedure has been
agreed upon.
Delegate James dark desires the floor
in order to present a motion for an amend-
ment to section 3.04, providing for frac-
tional representation or fractional voting.
In order to present very clearly to the
Committee of the Whole what appear to
be the two alternatives as to size of the
General Assembly, he will yield the floor to
Delegate Sherbow, who will propose an
amendment that the size of the legislature
be limited to 120 in the House of Delegates
and 40 in the Senate.
The Committee is very anxious that its
recommendation be submitted to a vote and
accordingly Delegate Bamberger will move
an amendment to Delegate Sherbow's
amendment, submitting to the Committee
of the Whole a proposition that the legisla-
ture shall consist of a House of Delegates
of 108 members and a Senate of 36 mem-
bers.
This will afford the Committee of the
Whole the opportunity to vote on these
two propositions: first, 36-108 and if that
is defeated, then the 40-120. As will ap-
pear from the course of the discussion, if
the 36-108 amendment is adopted, Senator
dark still desires to present his plan for
fractional voting and will be recognized in
order to do so. If the Committee of the
Whole adopts the 40-120 ratio, Delegate


 
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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 528   View pdf image (33K)
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