19 through 22, strike out all of the last
sentence and insert in lieu thereof the fol-
lowing:
"All laws of the General Assembly sub-
ject to referendum shall be suspendable
unless they contain a section declaring
them to be emergency laws and necessary
for the immediate preservation of the
public health or safety, and passed by a
three-fifths vote of each House of the
General Assembly."
THE CHAIRMAN: For what purpose
does the delegate rise, Delegate Bamberger?
DELEGATE BAMBERGER: On a par-
liamentary inquiry.
THE CHAIRMAN: State your inquiry.
DELEGATE BAMBERGER: This was
just read across the desk as Amendment
No. 6. I think it is Amendment No. 3, and
was read across the desk on Friday.
THE CHAIRMAN: It was withdrawn
and reintroduced at a later time, which,
according to the parliamentarian, gives it
a new number, so that we have our mathe-
matics straight.
The Chair recognizes Delegate Hostetter.
DELEGATE HOSTETTER: Thank you,
Mr. Chairman.
My reason for introducing this amend-
ment is to clarify two separate issues which
I think are involved here: number one, the
power to suspend laws should not arbi-
trarily or accidentally be denied to the
people by the General Assembly. By per-
mitting the Legislature to use the words
"special legislation", which are in the com-
mittee recommendation, the General As-
sembly is permitted to be arbitrary in this
instance.
Secondly, the term "special legislation"
is confusing. Situations making a law non-
suspendable should not happen accidentally
merely by a three-fifths vote because this
will generate many unintended situations
where petitioners could not suspend the
law. On this point I would like to suggest
that of the 984 votes taken last year in the
House of Delegates, only ten were less than
the three-fifths majority.
Since Maryland has had in its referen-
dum article since its adoption the term
"emergency bill", I believe that it has come
to be understood by the people, the legis-
lature, and has been construed by the
courts. |
In addition, the term itself is descriptive.
Even if it were not to be modified by the
freeze used in the present Constitution,
reading, "necessary for the immediate pres-
ervation of the public health or safety",
requiring the General Assembly to use the
term "emergency bill" for those laws which
petitioners will not be able to suspend, will
nevertheless cause the legislature to take
notice of this, and will imply at least an
emergency situation.
Special legislation does not permit this
to occur, and the General Assembly could
possibly use the term "special legislation"
to deny arbitrarily the right of the suspen-
sion of the law to the people.
Persons in future years interested in
taking laws to referendum and having those
laws suspended would find themselves
frustrated and in effect being denied the
right to referendum.
For this reason, I have proposed this
amendment and urge its adoption.
Thank you.
THE CHAIRMAN: Does anyone wish to
speak against the amendment? Delegate
Miller?
DELEGATE B. MILLER: I have a ques-
tion for the Chair, a point of information,
please.
It seems to me that on Friday afternoon
the presiding officer said that the use of
the term, the specific term "special", might
have another meaning, and therefore, in
view of the Chairman of Suffrage and
Elections' explanation for the Committee's
rejecting the term "emergency", it was
designated that the Committee on Style
and Drafting would consider another term
and would present it on second reading. Is
that true?
THE CHAIRMAN: That is correct, as
I recall, but at the same time this amend-
ment, or that announcement does not pre-
clude this amendment.
The Chair recognizes Delegate Chabot.
Are you speaking against the amendment?
DELEGATE CHABOT: I rise to call up
an amendment to the amendment. This was
prepared at a time when the amendment
that is now designated Amendment No. 6
was designated Amendment No. 3, but
otherwise it is printed and is before you
and lettered "EE".
THE CHAIRMAN: The clerk will read
the amendment to the amendment. |
