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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 2983   View pdf image (33K)
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[Dec. 30] DEBATES 2983

DELEGATE PENNIMAN: I think it was
our opinion that your Committee had done
wisely in stating it in the negative for em-
phasis, so we carried it over.

DELEGATE NEEDLE: So the General
Assembly would not have any power to
enact any public local laws?

DELEGATE PENNIMAN: Yes. This is
a major point that this Convention is seek-
ing to make, and it seems that there was
no other way to express it than to use as
you had, the word "no."

Mr. Chairman, I have just had pointed
out to me that on page 9 in line 9, the next
to the last word, we have one more "pro-
vide", which I would like to change to "pre-
scribe".

DELEGATE JAMES (presiding): If
there is no objection, the language will be
considered so modified.

There being no objection, the section will
be modified.

If there are no further questions on sec-
tion 3.23 — Delegate Sollins.

DELEGATE SOLLINS: Delegate Penni-
man, with regard to section 3.09, the sen-
tence beginning on line 5, "The salary of a
member shall not be increased during his
term of office", is a change from committee
language. What concerned me is whether
it really carries out the intent of what the
Legislative Committee meant.

I wonder if you would comment on that.

DELEGATE JAMES (presiding): Dele-
gate Penniman.

DELEGATE PENNIMAN: I see Dele-
gate Gallagher would like to comment.

DELEGATE JAMES (presiding): Dele-
gate Gallagher.

DELEGATE GALLAGHER: There is
an amendment coming in concerning style
which will more closely approximate the
language that we intended and used.

DELEGATE PENNIMAN: We thought
the original langiuigc was ambiguous. We
changed it, and now I find you are not the
only one who finds our language ambigu-
ous.

DELEGATE JAMES (presiding): Dele-
gate Sollins.

DELEGATE SOLLINS: In the section on
vacancies, what you have clone by putting
a period at the end of line 14, you have
broadened the method by which the vacan-

cies could be filled. The intent of the Legis-
lative Committee was that they could be
filled only by appointment; by the insertion
of a period and the beginning of a new
sentence on line 15 you opened that up.

DELEGATE JAMES (presiding): Dele-
gate Gallagher.

DELEGATE GALLAGHER: Mr. Presi-
dent, again I think we have a style amend-
ment which will meet that problem as well.

DELEGATE JAMES (presiding): Dele-
gate Sollins.

DELEGATE SOLLINS: With respect to
section 3.13 I think that this is a question
for Delegate Gallagher. If the General As-
sembly is not in session, how would the
House of Delegates by itself be called into
session for an impeachment proceeding?

DELEGATE JAMES (presiding): Dele-
gate Gallagher.

DELEGATE GALLAGHER: I do not
have the impeachment section of GP before
me. It is silent.

DELEGATE JAMES (presiding): You
would call it like any special session ?

DELEGATE GALLAGHER: Yes.

DELEGATE SOLLINS: That would call
both houses in session. Should there be a
method inserted on line 10 where it says
"The governor may on extraordinary occa-
sions convene the Senate'', by adding the
words "or the House of Delegates"?

DELEGATE JAMES (presiding): Dele-
gate Gallagher.

DELEGATE GALLAGHER: To be con-
sistent I think that would be helpful. If
you would ask for the amendment, I think
it should be offered.

DELEGATE JAMES (presiding): The
Chair might intervene here. I think it is a
good suggestion. In the event something
would happen to the speaker of the house
in an interim period it might be very im-
portant to have a speaker, because the
speaker has definite interim functions
which should be performed, and I think
that is an excellent suggestion.

Delegate Sollins, are you going to submit
that in the form of an amendment?

DELEGATE SOLLINS: Yes. In section
3.22, the line beginning "The General As-
sembly shall prescribe by law a congres-
sional redistricting plan or the commission
plan."



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 2983   View pdf image (33K)
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