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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 638   View pdf image (33K)
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638 CONSTITUTIONAL CONVENTION OF MARYLAND [Nov. 10]
and it would handle this in a way similar
to the way the Committee on the Legisla-
tive Branch suggested salaries be handled;
that the more than 90 day session would
not become applicable and law until the
next General Assembly was elected and
convened.
I suggest that this would offer consider-
able flexibility for the future, while at the
same time retaining a time limit for the
present, and continuing to retain a time
limit until the General Assembly acted
otherwise.
You will note that the amendment re-
quires that the General Assembly provide
for this by law. This would mean that the
people of this state would have a chance
to refer to and to vote upon this law if
they so desired.
In addition, the amendment would not
provide for two-day-a-week sessions or
split sessions, and that objection would be
met.
Insofar as any objections to the budget
being passed by a certain time or the tying
in with the county's fiscal year, I under-
stand that the Finance Committee has rec-
ommended that the first 50 days of the ses-
sion be devoted to the budget and if the
budget has not then been passed, all other
work stop at that point except the budget
activity and it continue until the budget is
passed. This would, in any event I think
end this dilemma.
THE CHAIRMAN: For what purpose
does Delegate Sherbow rise?
DELEGATE SHERBOW: For the pur-
pose of correcting a statement. Fifty days,
Delegate Carson, is not correct.
THE CHAIRMAN: Delegate Sherbow,
I do not think your statement is in order.
You can ask a question afterwards. I will
recognize you. Proceed, Delegate Carson.
DELEGATE CARSON: I will stand
corrected later by Judge Sherbow. I under-
stood is was 50. If it is some other date, I
will stand corrected at that time. I am sure
that Judge Sherbow will be correct.
I think that this amendment, if passed,
will allow us sufficient flexibility for the
future, while at the same time meeting all
the objections that have been raised to the
amendment that was just defeated. At the
same time it will retain for the present
the 90 plus 30 plus 30, but will permit our
grandchildren and our great grandchildren,
if times then are correct, to have a full
time legislature or a legislature which
might meet for a base session of 150 days,
whatever is applicable at that time in his-
tory, which I suggest none of us can fore-
see at this time.
THE CHAIRMAN: Now, Delegate Sher-
bow, do you desire to speak in opposition
here?
DELEGATE SHERBOW: No, I do not,
sir. I just wanted to correct the statement.
THE CHAIRMAN: You may do so now.
DELEGATE SHERBOW: Fifty days is
not in any of the reports of the State Fi-
nance and Taxation Committee. The budget
will be geared according to our report to
a limit dealing with the end of the session.
For example, ten days prior to the end
of the session, and, of course, it will depend
on what is passed by this assemblage; but
no fifty day item is anywhere in the picture
at this time.
THE CHAIRMAN: Does any delegate
desire to speak in opposition?
Delegate Gallagher.
DELEGATE GALLAGHER: Mr. Chair-
man, first may I ask Mr. Carson if he
would yield to a question?
THE CHAIRMAN: Delegate Carson,
will you yield to a question?
DELEGATE CARSON: Certainly.
THE CHAIRMAN: Delegate Gallagher.
DELEGATE GALLAGHER: It is my
understanding that if a General Assembly
met for the first year of a four-year term,
that any change in the 90-day session
limit, either upward or downward, could
not take affect for the second, third and
fourth year of that term, but would have
to await the beginning of a newly elected
General Assembly?
DELEGATE CARSON: That is correct,
Delegate Gallagher. It would have to wait
until the newly elected Assembly, and in
that case, four years in the future.
THE CHAIRMAN: Delegate Gallagher.
DELEGATE GALLAGHER: Mr. Chair-
man, because I really do not believe that
the terms of this amendment would pro-
vide the flexibility that the sponsor indi-
cates, because it seems to me in fact to be
virtually out of practicable use, I would
rise to oppose it.
The recommendation of the majority of


 
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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 638   View pdf image (33K)
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