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Amendment No. 1 to Committee Recom-
mendation SF-5. A vote Aye is a vote in
favor of Amendment No. 1. A vote No is a
vote against.
Cast your vote.
Has every delegate voted? Does any
delegate desire to change his vote?
(There was no response.)
The Clerk will record the vote.
There being 98 votes in the affirmative
and none in the negative, the motion is
carried and the amendment is adopted.
Are there any other amendments to sec-
tion 6.05?
Mr. Clerk, do you have any other amend-
ments to that section?
Delegate Willoner, do you desire to offer
your amendment "D"?
DELEGATE WILLONER: No, I do not.
I have a substitute amendment that I would
like to offer.
THE CHAIRMAN: Do you have the
letter?
DELEGATE WILLONER: I have not
received it.
THE CHAIRMAN: I understand from
the Chief Page that it has just gone over
to the print shop. We will come back to it.
Are there any other amendments to sec-
tion 6.05?
DELEGATE RALEY: Mr. Chairman,
may I direct a parliamentary inquiry to
you?
THE CHAIRMAN: State the inquiry.
DELEGATE RALEY: There is a sec-
tion in here on education which mandates
the money in the budget which Judge Sher-
bow has already explained. There is, of
course, another side of the coin, and I think
that what is in here has a great impact on
what will be in the general provisions con-
cerning education.
Now, I, for one, do not think, from what
I understand is in the general provisions,
that this State could accept both of these
articles. So my question to you is that if
this Convention should accept the majority
committee's report on general provisions in
education, then I think that this makes an
entirely different picture on this section
here; and I would like to ask you, sir, if
we would be able to have the opportunity
to submit an amendment, in the event that
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the general provisions majority report is
accepted?
THE CHAIRMAN: I would assume that
by that time the Committee of the Whole
would have reported with respect to this
article. That being the case, the Committee
of the Whole would have no further juris-
diction over this article.
The Convention, of course, would be con-
sidering it on second reading, and it would
be possible to offer the amendment at that
time, so that the Convention could consider
the matter.
DELEGATE RALEY: Thank you, sir.
THE CHAIRMAN: I did not mean to
indicate by that answer that the Chair
agrees, for that matter, with your premise.
I did not think that there was any incon-
sistency between the recommendations of
the Committee on General Provisions as to
education and this section. I may be wrong
about that, but let me take this opportunity
so that there will be no misunderstanding,
since I was not here during the part of the
presentation by Delegate Sherbow this
morning to restate it.
It is the Chair's understanding of the
effect of section 6.05, both as to the sup-
port to public school systems and as to the
judicial and legislative branches, that the
only mandated items, that is, the items
which the governor cannot change in his
budget are those previously required by
law. This does not mean, as the Chair un-
derstands the section, that the governor has
no power to revise the judicial budget, nor
does it mean that the governor has no
power to revise the budget for the state
school system. It means that he has no
power to revise those to the extent that the
legislature by law has provided that certain
payments shall be made.
Delegate Raley.
DELEGATE RALEY: Mr. Chairman, of
course this is not the time to debate it, but
I would respectfully say somewhat con-
trary to what you said that I believe it goes
a good deal further so far as mandating
by law educational money.
THE CHAIRMAN: You mean this sec-
tion, or the General Provisions Recom-
mendation?
DELEGATE RALEY: This section 6.05.
The point I am making is that if all of
those items in the General Provisions Rec-
ommendation are accepted, plus this, I
think that the State will have some serious
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