not see why we should have language in
this provision which would appear to be
the language which would apply to the
referenda of any sort for any level of gov-
ernment.
THE CHAIRMAN: Let the Chair state
once more what he understands to be the
explanation by Delegate Koss, because it
seems to me you must act on these amend-
ments in the light of what the Committee
has clearly stated its intention to be with
respect to sections 2 to 6; and I would ask
Delegate Koss to listen carefully, and if I
do not state it entirely accurately, please
correct me.
As I understand it, the Committee in-
tends definitely, flatly and without any
question that sections 2 to 6 shall apply
only to referendum of acts of the General
Assembly of Maryland, and shall not apply
to referendum of acts or ordinances of local
governments. Secondly, the Committee in-
tends unequivocally to consider as a new
question the procedure to be followed for
referendum of public local legislature, if
this Convention adopts provisions author-
izing the General Assembly to enact public
local legislation. They do not intend sec-
tions 2 to 6 to provide the procedure for
referendum of public local laws if this
Convention adopts a provision authorizing
the General Assembly to pass local legis-
lation.
Delegate Koss, is that a correct state-
ment?
DELEGATE KOSS: Mr. Chairman, yes.
THE CHAIRMAN: Now, Delegate Clag-
ett.
DELEGATE CLAGETT: Mr. Chairman,
may I suggest this: in the light of the
statement of the Chair, as the delegates go
home over the weekend and read the Local
Government article, leave aside the ques-
tion whether what they may be meets the
definition of local law or general law until
we hear further from the Committee, as
the Chair has indicated we will.
THE CHAIRMAN: Let me state that
that comment has not clarified anything.
I am not, in my statement of the position
of the Committee referring in any way to
a distinction between public local and pub-
lic general law. The Committee has stated
unequivocally that this recommendation
and these sections are intended to apply to
acts of the General Assembly on the as-
sumption that the General Assembly will
have no power to enact public local laws.
Delegate Cardin. |
DELEGATE CARDIN: Mr. Chairman,
may I ask a question of Delegate Moser?
THE CHAIRMAN: Delegate who?
DELEGATE CARDIN: Moser.
THE CHAIRMAN: Delegate Moser, can
you reply to a question?
DELEGATE MOSER: I will try.
THE CHAIRMAN: Delegate Cardin.
DELEGATE CARDIN: Would you
please explain what effect this amendment
would have on the power reserved to the
people, from your view of the local gov-
ernment referendum?
THE CHAIRMAN: You are speaking
now of Amendment No. 2?
DELEGATE CARDIN: Amendment No.
2.
THE CHAIRMAN: Delegate Moser.
DELEGATE MOSER: Mr. Chairman, I
intended originally to attempt to restate
what you said earlier, which I thought
completely clarified the situation, which is
that, regardless really of which way the
voting goes on this, because of Chairman
Koss's position and because of Delegate
Chabot's position, the same rule will fol-
low. I do not believe, that it is necessary
to pass the so-called clarifying amendment.
It just will not make any difference one
way or the other. It is perfectly clear, I
think, from the colloquy between the Chair-
man of this Committee and Chairman Koss,
that this has nothing to do with laws which
are passed by a local, county, legislative
body. It is not intended to and has nothing
to do with it. That will be provided in the
local government article, if anything is to
be provided in it. It would not affect it
one way or the other, but for the purposes
of simplicity, I intend to vote against the
clarifying amendment.
THE CHAIRMAN: Is there anyone who
desires to speak in favor of Amendment No.
2? Delegate Miller, Beatrice Miller.
DELEGATE B. MILLER: I have a
question to ask Delegate Chabot.
THE CHAIRMAN: Delegate Chabot, do
you yield to a question?
DELEGATE CHABOT: Yes.
THE CHAIRMAN: Delegate Miller.
DELEGATE B. MILLER: What would
be accomplished in adopting your words in
Amendment No. 2 that could not be ac-
complished by deleting section 1? |
