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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 705   View pdf image (33K)
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[Nov. 13] DEBATES 705
that we have in the City of Baltimore a
number of slum areas with housing stand-
ards below the normal and in the State of
Maryland a number of people who cannot
obtain an adequate supply of decent hous-
ing, would this not fall into the category
of emergency legislation?
DELEGATE HOSTETTER: I would
like to say that the legislature, if it so
determined, could make it emergency legis-
lation if they felt it was a necessary emer-
gency at that time, if there was an emer-
gency.
THE CHAIRMAN: Delegate Koss would
like to answer the question.
DELEGATE KOSS: I hesitate to im-
pute to the General Assembly an interpre-
tation I cannot corroborate. However, it
would seem to me that in view of the inter-
pretation of the word emergency that the
decision on whether or not it is an emer-
gency is up to the General Assembly. Inso-
far as the courts have not yet gone into it,
their decision on the matter is final, but
it would seem to me under past practice
if they so desired to pass that as emer-
gency legislation it would be within their
authority.
DELEGATE L. TAYLOR: Do you feel
that under this particular language you
could easily define any type of legislative
bill?
DELEGATE KOSS: What language are
you referring to?
DELEGATE L. TAYLOR: Delegate
Hostetter's amendment, "emergency law
necessary for the immediate preservation
of the public health or safety."
DELEGATE KOSS: I suggest this is
the whole point of this discussion. As Dele-
gate Harry Taylor from Prince George's
County pointed out before, a bill was
passed which was not really emergency,
but which was special. I do not know how
you could, how many citizen—maybe this
is—
THE CHAIRMAN: Time has expired.
For what purpose does Delegate Kosa-
kowski rise?
DELEGATE KOSAKOWSKI: Point of
order.
Are we debating the motion again, or is
this reconsideration?
THE CHAIRMAN: The motion to re-
consider opens the whole question, so we
can debate the issue on the merits at this
time.
DELEGATE KOSAKOWSKI: May I
speak on the motion?
THE CHAIRMAN: The delegate may
proceed.
DELEGATE KOSAKOWSKI: Appar-
ently many of us changed our minds as to
the Hostetter amendment. I would request
the Convention, the Chairman of the Com-
mittee, that we vote to reconsider this, so
that it can be fully debated and properly
under due process of law.
THE CHAIRMAN: Delegate Cardin.
DELEGATE CARDIN: I would like to
explain what the amendment will be when
it will be offered to the Committee of the
Whole. The amendment would be subject to
S&E-1, on line 19, deleting "de" and the
words "designated as such upon the intro-
duction and," so it would read "special
legislation as has been interpreted," which
is open to any new terminology, "passed by
a three-fifths vote of each House of the
General Assembly, subject to referendum
and not suspendable."
THE CHAIRMAN: The question now
arises on the motion to reconsider. The
clerk will call the roll on the motion to re-
consider.
Has everyone registered his vote? The
Clerk will record the roll.
There being 97 votes in the affirmative
and 31 in the negative, the motion is
carried.
Amendment No. 8 is now before the
body—number 6, rather, the Hostetter
amendment. The question now is on the
adoption of Amendment No. 6, the Hostet-
ter amendment
Delegate Wheatley.
DELEGATE WHEATLEY: Would the
Chairman of the Committee or the pro-
ponent of the amendment yield for a ques-
tion at this point?
THE CHAIRMAN: Will Delegate Koss
yield?
DELEGATE KOSS: Yes.
DELEGATE WHEATLEY: My ques-
tion is to the Chairman.
We have been told the language has been
very often construed; could she tell us at
this point what construction is given to the


 
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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 705   View pdf image (33K)
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