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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 1595   View pdf image (33K)
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[Dec. 1] DEBATES 1595

THE CHAIRMAN: Delegate Gallagher.

DELEGATE GALLAGHER: Would the
insertion of that exception so it would read
"except during the first four days of the
special session, no vote on final passage of
the bill shall be taken until after the fifth
calendar day after its introduction in the
house of origin and until the second calen-
dar day after it reaches the second house"?

THE CHAIRMAN: Delegate Scanlan.

DELEGATE SCANLAN: Yes, that
would do it. I just -wanted to make the
point Delegate Penniman made that the
exception really embraced everything be-
ginning at line 31 down to the end of line
41, which is what you indicated during the
question period but needs clarification by
the Committee on Style, but the intention
of the Committee I thought was clear.

DELEGATE GALLAGHER: When a
special session was called, there would be
no way of guaranteeing with certainty
whether or not you were going to be there
seven days or five days, therefore you would
always have to except the special session
from the five days of the house of origin
requirement and the two days in the sec-
ond house.

THE CHAIRMAN: Does the Chair un-
derstand you will offer the "exception"
amendment?

DELEGATE GALLAGHER: Mr. Chair-
man, my Committee is giving me more ad-
vice than I can take in a single moment
here.

THE CHAIRMAN: Delegate Scanlan.

DELEGATE SCANLAN: Mr. Chairman,
I suggest that this is certainly an instance
where the Committee on Style now has the
intention of the Committee abundantly
clear without wrestling with the language
on the floor.

THE CHAIRMAN: The difficulty is that
I think they have problems other than lan-
guage. If it is just language we can resolve
it. We will give them a few minutes to tell
us.

Delegate James.

DELEGATE JAMES: Sections 3.16 and
3.17 ought to be simplified. Many of these
things should be left to rules. I plan to
offer an amendment to make this concept
effective.

THE CHAIRMAN: Delegate Gallagher.

DELEGATE GALLAGHER: Well, I
think we disagree on the question of phi-

losophy here. I would like to have several
members of my Committee work on the
language in 3.16. If you will proceed ^to the
other points, then we can return to it.

THE CHAIRMAN: Very well.

Do all delegates have a copy of amend-
ment I?

This will be marked Amendment No. 8.

For what purpose does Delegate Grum-
bacher rise?

DELEGATE GRUMBACHER: I am
probably out of order. I was going to ask
for reconsideration of .the vote by which
Amendment No. 7 —

THE CHAIRMAN: You can do it now
or later.

DELEGATE GRUMBACHER: All right.

THE CHAIRMAN: Wait until we dis-
pose of the other amendment. I guess it has
been offered.

Amendment No. 8. The Clerk will read
the amendment.

READING CLERK: Amendment No. 8
to Committee Recommendation LB-2 by
Delegate Gallagher, Chairman of the Com-
mittee on the Legislative Branch :

On page 4 section 3.15, Form of Laws,
in line 14 after the word "Assembly" in-
sert the following: ", except supplementary
appropriation laws,"; and in line 15 after
the period insert the following sentence:
"All supplementary appropriation laws
shall be limited to the subject of appropria-
tions, the purpose or purposes of which
shall be clearly defined therein."

THE CHAIRMAN: The amendment is
offered by Delegate Gallagher, is it sec-
onded?

(The amendment was duly seconded.)

The Chair recognizes Mr. Gallagher to
speak to the amendment.

DELEGATE GALLAGHER: Mr. Chair-
man and ladies and gentlemen of the Com-
mittee: The purpose of this amendment is
to make section 3.15 consistent with the
recommendation of the Committee on State
Finance and Taxation.

That Committee has drawn language
which will allow supplementary 'appropria-
tions laws to encompass more than one sub-
ject or one item. As you will remember in
the recent Court of Appeals case Patton v.
Comptroller, the Court of Appeals held
that the revised Agnew, Hughes, Cooper



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 1595   View pdf image (33K)
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