THE CHAIRMAN: May the Chair para-
phrase an answer just to see if he under-
stands it? You are saying that it was the
intention of the Committee that these sec-
tions, not referring to section I particu-
larly, but the remaining sections, 2 to 6,
inclusive, were intended to apply only to
acts of the General Assembly of Mary-
land?
DELEGATE KOSS: You are right.
THE CHAIRMAN: And secondly, that
if the Constitution authorizes the General
Assembly of Maryland to pass local legis-
lation, you do not intend these sections to
apply to such local legislation by the Gen-
eral Assembly, but you do intend to con-
sider the question again and perhaps re-
port different referendum provisions with
respect to public local legislation by the
General Assembly?
DELEGATE KOSS: Yes.
THE CHAIRMAN: Does the Chair fur-
ther understand that you do not intend
sections 2 to 6, inclusive, to apply in any
manner to local legislation enacted by local
subdivisions?
DELEGATE KOSS: That is correct.
THE CHAIRMAN: You are nodding
your head. Could you respond for the
record?
DELEGATE KOSS: That is correct.
THE CHAIRMAN: And does the Chair
further understand, therefore, that, regard-
less of what the meaning is, you do not
intend in section I to be referring in any
way, either by reserving or not reserving
the power to refer in any way to the power
of the people, as to referendum, with re-
spect to local laws enacted by local sub-
divisions?
DELEGATE KOSS: That is correct, Mr.
Chairman.
THE CHAIRMAN: Is there a further
question on this point. Delegate Raley?
DELEGATE RALEY: Mr. Chairman,
did I understand you to say that the Elec-
tion Committee is going to restudy this,
come back on local laws, because what it
would mean, if there is nothing else—
THE CHAIRMAN: No. May I state this
again. The Committee, as I understand it,
is proceeding on the assumption that the
Committee on Local Government will rec-
ommend, and that this Convention will ap-
prove a provision prohibiting the General |
Assembly from enacting local laws. If that
is done, they will not have to consider the
question again. If their assumption is in-
correct, and either the Committee on Local
Government does not so recommend, or this
Convention adopts provisions authorizing
the General Assembly to enact local legis-
lation, in that event and in that event only,
they will study the question further. Dele-
gate Raley.
DELEGATE RALEY: Mr. Chairman, I
think I know what Local Government is
going to recommend, but then what status
do the people in each of the local subdivi-
sions have for the power to petition?
THE CHAIRMAN: Delegate Koss has
stated the intention of the Committee in
presenting this recommendation is not in
any way to affect the question of refer-
endum of public local laws enacted, not by
the General Assembly, but by local sub-
divisions. This is not intended, either to
confer the power, or to withdraw the
power. The Chair is not expressing an
opinion on what the language does. I am
merely paraphrasing what I understand the
intent of the Committee to be. Delegate
Pullen.
DELEGATE PULLEN: Mr. Chairman,
I do not like to prolong this, but when you
say the people reserve unto themselves the
power of referendum, I think that means
people, whether locally or statewide or
whatnot. I cannot quite see the wisdom of
ignoring the impact of local legislation
upon people without having the right of
referendum.
THE CHAIRMAN: Delegate Koss.
DELEGATE KOSS: Mr. Chairman, can
I respond to this? I admit that past ex-
perience is no guarantee of what will hap-
pen in the future, but it is my understand-
ing this language is in the present Consti-
tution. I know of at least four jurisdictions
whose local governments enact local laws,
and I know that with this language in our
present Constitution, they retain to them-
selves the right to petition to referendum
laws passed by their local governing bodies.
THE CHAIRMAN: I understand that
Delegate Chabot's amendment is now
printed. I will ask the pages to distribute
it. I will ask the Clerk to read it. Please
mark this No. 2 so that we can refer to
them properly by number, Amendment No.
2. The Clerk will read the amendment.
READING CLERK: Amendment No. 2
to Committee Recommendation S&E-I, by
Delegate Chabot: on page I Section I The |
