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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 796   View pdf image (33K)
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796 CONSTITUTIONAL CONVENTION OF MARYLAND [Nov. 14]

DELEGATE MOSER: Absolutely not.
It is to have a limited application. It is to
apply, in the beginning when lines are
drawn and when powers are given to or
withdrawn from, only one thing, a popu-
larly elected representative regional gov-
ernment.

THE CHAIRMAN: If Delegate Moser
will return to his seat on the floor, we will
be ready for consideration of amendments.

While he is doing that, let me call to
your attention to the fact that in proceed-
ing from now on we will be proceeding
under Debate Schedule No. 3. There will
be no speech exceeding three minutes, ex-
cept those permitted under the debate
schedule. The three minute limitation does
not apply to answering of questions by the
Committee Chairman and presentation of
any amendments, other than those encom-
passed specifically within the debate sched-
ule. It is limited to ten minutes, including
presentation time and time yielded in an-
swering questions; that is, a ten-minute
limitation on the sponsor of the amend-
ment.

The first section for consideration is
section 7.01. Are there any amendments to
section 7.01?

(.There was no response.)

The next section is 7.02. Are there any
amendments to section 7.02?

Delegate Moser.

DELEGATE MOSER: Mr. Chairman,
my understanding was 7.02 and 7.10 were
going to be considered together.

THE CHAIRMAN: That is correct. Un-
der the Debate Schedule, we will take up
7.02 first. Considering them together simply
means we can consider amendments to
7.02, then 7.10, and go back to 7.02 and
consider them as one package.

Delegate Cardin, do you have an amend-
ment?

DELEGATE CARDIN: Yes, I do. In
that case I would like to call up Amend-
ment C.

THE CHAIRMAN: Let me see first if
there is any amendment to section 7.02.

Is there any amendment to section 7.02?
(There was no response.)

If not, we will consider amendments to
section 7.10. This will be amendment 1.
The Clerk will read the amendment.

READING CLERK: Amendment No. 1
to Committee Recommendation LC-1, by
Delegate Cardin: On page 4 in line 42 of
section 7.10, Multi-County Governments,
strike out the word "may" and insert in
lieu thereof the word "shall."

THE CHAIRMAN: Is the amendment
seconded?

(Whereupon, the amendment was sec-
onded.)

THE CHAIRMAN: The amendment is
moved and seconded. The Chair recognizes
Delegate Cardin to speak to the amend-
ment.

DELEGATE CARDIN: Mr. Chairman
and fellow delegates:

I hope I do not appear to have sunk into
a rut in this particular provision for ref-
erendum, but the subject is very close to
me, and I would like to explain to you why
I feel that the word "shall" should be in-
serted instead of "may."

First, there are many questions that
come to mind as I look at the sentence be-
ginning in line 42, "The General Assembly
may provide referenda for any law estab-
lishing a popularly elected, representative
regional government, or affecting its
powers."

As I read it, this is subject to interpre-
tation by those more enlightened in this
area than I. This refers to that referen-
dum which would be placed on the ballot
by the General Assembly. I would like to
make certain in this particular section that
we provide for referendum by petition of
the people.

Would it be possible if the General As-
sembly chose not to provide referenda for
them to deny the people the right to peti-
tion this to referendum? That is the first
question that comes to my mind.

The second is, would this referendum, if
it becomes petitionable, be local referen-
dum on statewide public general law, in
which case we have two other questions.

We are not discussing public local law
under this, but public general law, yet
this would not necessarily be a public gen-
eral law since it may establish a very re-
strictive, narrow multi-county governmen-
tal unit.

Another question is, where in this area
do we provide for the possibility of refer-
endum by the people and a non-suspend-
able law by the General Assembly? If the

 

 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 796   View pdf image (33K)
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