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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 668   View pdf image (33K)
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6 668 CONSTITUTIONAL CONVENTION OF MARYLAND [Nov. 10]
vote for that amendment, we will put
enough steam behind the amendment sub-
mitted by Scanlan and Bothe, so that Sec-
tion I will then become so objectionable
that the amendment by Scanlan and Bothe
will cure, not only one, but two evils.
THE CHAIRMAN: The Chair believes
we are now ready for the question. Before
submitting the question, let me state what
seems to the Chair to be an anomalous
position: The Chairman of the Committee
has stated quite clearly, and unequivocally,
that Sections 2 to 6 are intended to refer
only to referendum of acts of the General
Assembly, and therefore, for this purpose,
you should read line 14 to read in effect
"every law enacted by the General Assem-
bly in Maryland".
It does not apply to ordinances enacted
by local subdivisions.
It seems to the Chair that Amendment
No. 2 would therefore have the effect of
limiting section I to referendum of acts
passed by the General Assembly of Mary-
land, and that only. However, Delegate
Koss has stated that it is the intention of
her Committee that Section I apply only to
such acts, and not to acts of local subdivi-
sions, even without the language of Amend-
ment No. 2; is that correct, Delegate Koss?
Yes.
THE CHAIRMAN: You all understand
the question?
(There was no response.)
The question arises on the adoption of
Amendment No. 2 to Committee Recom-
mendation S&E-1. A vote Aye is a vote in
favor of Amendment No. 2. A vote No is
a vote against. Cast your votes.
Has every delegate voted? Does any dele-
gate desire to change his vote?
(There was no response.)
The Clerk will record the vote.
There being 8 votes in the affirmative
and 100 in the negative, the motion is lost.
Amendment No. 2 is rejected.
The question arises now on the adoption
of Amendment No. 1. The Chair assumes
this has been fully debated. A vote Aye is
a vote in favor of Amendment No. I to
Committee Recommendation S&E-I, which
would delete all of section 1. A vote No is
a vote against. Are you ready for the ques-
tion?
(Call for the question.)
Cast your votes.
Has every delegate voted? Does any dele-
gate desire to change his vote?
(There was no response.)
The Clerk will record the vote. There
being 54 votes in the affirmative and 56 in
the negative, the motion is lost. The amend-
ment is rejected.
Is there any other amendment to section
1?
(There was no response.)
Does anyone have an amendment to sec-
tion 2? Delegate Hostetter, do you have an
amendment to section 2?
DELEGATE HOSTETTER: Yes.
THE CHAIRMAN: Delegate Hostetter.
DELEGATE HOSTETTER: Yes, I do
have an amendment to section 2, sir.
THE CHAIRMAN: The pages will dis-
tribute the amendment.
This will be Amendment No. 3 to Com-
mittee Recommendation S&E-1. The Clerk
will read the amendment.
READING CLERK: Amendment No. 3
to Committee Recommendation S&E-I by
Delegate Hostetter: On page I, Section 2
Legislation Subject to Referendum lines 19
through 22, strike out all of the last sen-
tence and insert in lieu thereof the fol-
lowing:
"All laws of the General Assembly
subject to referendum shall be suspend-
able unless they contain a section declar-
ing them to be emergency laws and neces-
sary for the immediate preservation of
the public health or safety, and passed
by a 3/5 vote of each house of the Gen-
eral Assembly."
THE CHAIRMAN: The Chair desires
to address an inquiry to the Committee. I
assume all of the members of the Commit-
tee now have a copy of Amendment No. 3
before them.
The Chair would like to ask all delegates
intending to speak either in favor of or
against this amendment to stand, and all
other delegates to sit.
Delegate Gilchrist.
DELEGATE GILCHRIST: Mr. Chair-
man, I think in view of the hour, it is rea-
sonable to advise the Chair that Delegates
Scanlan and Freedlander and myself have
asked for the preparation of an amendment


 
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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 668   View pdf image (33K)
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