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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 2989   View pdf image (33K)
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[Dec. 30] DEBATES 2989

the word "except" in line S, the words "the
budget law and all"? The Chair hears no
objection.

The amendment is submitted by Delegate
Case. Is there a second?

(The motion was duly seconded.)

THE PRESIDENT: The amendment
being seconded, the Chair recognizes Dele-
gate Case.

DELEGATE CASE: Mr. President and
members of the Convention, this is purely
a stylistic amendment, in my judgment,
which will provide or make clear, rather,
that the budget law, as well as supplemen-
tary appropriation laws, can embrace more
than one subject.

We all know that as a matter of prac-
tice this is the case. The budget law em-
braces a great number of subjects, literally
hundreds, maybe even thousands.

As the constitution is now devised, the
section on taxation and finance probably
would cover this, but to make it perfectly
clear that the budget law, and prior to that
the budget bill, can contain more than one
subject, these words are added.

Of course it follows, naturally, that a
supplemental appropriation law which is
already in here should contain more than
one subject. I think this is merely, as I
said earlier, a stylistic amendment, Mr.
President, and I urge its passage.

THE PRESIDENT: Are there any ques-
tions of the sponsor of the amendment?
Delegate Beatrice Miller.

DELEGATE B. MILLER: By checking
the present Constitution, I do not find that
there is any exception under the section
which requires that all bills embrace but
one subject. Perhaps I have missed it. Can
Delegate Case tell me where I can find it?

THE PRESIDENT: Delegate Case.

DELEGATE CASE: No, Delegate Miller,
you did not miss it. This is historical more
than good constitutional draftsmanship.
The section which requires every bill to
contain one subject is a very old section
that actually went into the constitution
probably certainly at least as early as 1867.
The budget bill, as you know, was first en-
acted in I960, and at the time the budget
amendment was enacted, the General As-
sembly did not amend the older section, and
it has been the practice and custom that
the budget bill can, as it must, contain
these myriads of subjects, and that is the
reason. Now that we are doing the job de

novo, so to speak. It seems like a good idea
to put the whole thing in so it is symmetri-
cal.

THE PRESIDENT: Delegate Gallagher.

DELEGATE GALLAGHER: Mr. Presi-
dent, I would like to say that Mr. Case'
amendment is now available in printed
form. It has the letter "T" as in Thomas
at the top.

THE PRESIDENT: Will the pages
please distribute Amendment "T" — "T" for
tear. Amendment "T" will be Amendment

No. 4.

Delegate Case, this embraces something
more than what you indicated. I take it
that you nevertheless offer the entire
amendment.

DELEGATE CASE: Yes, sir.

THE CHAIRMAN: All right, pages dis-
tribute Amendment T. This will be Amend-
ment No. 4. The Clerk will read the amend-
ment.

READING CLERK: Amendment No. 4,
to Committee Recommendation LB-1, LB-2,
LB-3, as amended by Report No. S&D-16,
by Delegate Case: On page 6, section 3.16,
Form of Laws, in line 8 after the word "ex-
cept" add the words "the budget law and";
and in line 11 strike out the word "All" and
insert in lieu thereof the words: "The
budget law and all"; and in line 12 after
the words "subject of" add the words
"budget and".

THE PRESIDENT: The amendment is
submitted by Delegate Case. Is there a
second?

(The motion was duly seconded.)

THE PRESIDENT: The amendment hav-
ing been seconded — Delegate Hostetter?

DELEGATE HOSTETTER: Personal
privilege, sir.

THE PRESIDENT: State the privilege.

DELEGATE HOSTETTER: Mr. Presi-
dent and members of the Convention, at
precisely this moment in time, 3:00 P.M.,
twenty-one years ago with 364 days added
to that, the youngest member of the Con-
stitutional Convention was born. I would
like you and the entire convention to join
me in wishing Delegate John Hutchinson a
happy birthday. He will be twenty-two to-
morrow.

(Applause.)



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 2989   View pdf image (33K)
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