DELEGATE SOLLINS: Mr. Chairman,
members of the Committee of the Whole,
just a few other facts that the other mem-
bers of the Legislative Branch Committee
have not brought to the Committee of the
Whole's attention.
First of all, Maryland, Alabama and
California are the only three states that
have had ten or more special or extraor-
dinary sessions of the legislature in the
period between 1956 and 1965. I think it is
instructive to note from this that obvi-
ously the time that the legislature has had
in the past has not been adequate and the
need for special sessions has been con-
tinual. The subcommittee of the Legisla-
tive Branch Committee that studied this
particular problem, consisting of Delegates
Scanlan and Gill, reported in their recom-
mendations to the Committee of the Legis-
lative Branch the following comments:
after they first supported the model state
constitution, the Committee for Economic
Development pamphlet, "Modernizing State
Government," which strongly endorsed flex-
ible sessions, went on to say, "your Com-
mittee thinks that these friendly observers
of state government are correct."
We were also impressed by the testimony
of the several witnesses who appeared be-
fore the Committee on the Legislative
Branch who urged that unrestricted ses-
sions provide an absolute and indispensable
flexibility which will be required if the
members of the state legislature are going
to fulfill their responsibilities that are in-
creasing each year, and bring closer the
day when membership in the General As-
sembly would be truly a full-time job.
I think this sums up the feelings of the
minority, that we feel that flexibility ses-
sions are required if the legislature is to
be a truly coordinate and equal branch with
the other two branches of government.
THE CHAIRMAN: The Chair recog-
nizes Delegate Henderson to speak in oppo-
sition to the amendment.
DELEGATE HENDERSON: I would
like to address a question to Delegate Bard
if he would yield.
THE CHAIRMAN: He can do that. We
have to see if someone desires to speak in
opposition.
Delegate Clarke.
DELEGATE E. CLARKE: Mr. Chair-
man, ladies and gentlemen of the Conven-
tion, I favor the Majority Report because
it does set deadlines and provides for ex- |
tensions. The General Assembly would be
in a position under the Majority Report
then to handle additional legislation of a
critical nature.
THE CHAIRMAN: The Chair recog-
nizes Delegate Bard to yield to a question
from Delegate Henderson if he chooses to
do so.
DELEGATE BARD: I yield.
THE CHAIRMAN: Delegate Henderson,
state your question.
DELEGATE HENDERSON: Delegate
Bard, the question that is going through
my mind is this: is it not essential under
any plan that deadlines be fixed? What I
have in mind is this: I believe under the
existing law, June the first is the date on
which legislation takes effect, and that is
tied in with the referendum provision that
you have until that date to obtain a certain
number of signatures, and then others, in
order to stay the operation. Also the fiscal
year of the State begins on July first, and
I believe all the localities have now con-
formed to that; so that isn't that a prob-
lem which would have to be faced and
presents many difficulties if you operated
on a year-'round basis?
THE CHAIRMAN: Delegate Bard?
DELEGATE BARD: Delegate Hender-
son, it is a consideration, but not neces-
sarily a problem. The seventeen states'
legislatively determined sessions are oper-
ations. They have worked them out that
the fiscal year is much as we have it; the
passage of bills is dovetailed with the
fiscal year producing clear advantages in
connection with the time periods. Let us
consider Montgomery County, which had a
problem not so long ago in connection with
housing. They did not know whether under
the state law they could pass such a county
ordinance; if the legislature had been in
session to dovetail into the general law and
the local law, it would have taken place;
so this, if anything, helps in terms of cer-
tain fixed dates. There are technical deter-
minations that need to be set, but we do
not see this as a factor in the debate.
You are right, Judge, that you must
make these kind of adjustments, but the
seventeen states have dealt with that prob-
lem.
THE CHAIRMAN: Does any delegate
desire to speak in opposition to the amend-
ment? Delegate Mentzer.
DELEGATE MENTZER: The problem
with open housing legislation was in Prince |
