|
READING CLERK: A memorandum
from Richard W. Kiefer, Chairman, Per-
sonal Rights and Preamble Committee,
Subject: section 1.17 of S&D Report 9 en-
titled, Collective Bargaining.
THE PRESIDENT: The memorandum
will be received and distributed.
Are there any other reports?
(There was no response.)
Are there any motions or resolutions ?
(There was no response.)
If not, we will proceed to consideration
on second reading of various committee
recommendations not yet considered on
second reading. The first will be the com-
mittee recommendations covered by the
Recommendation of the Committee on
Style, S&D-17. This includes Committee
Recommendations GP-7, dealing with
amendment to the constitution; GP-8, deal-
ing with constitutional conventions; GP-9,
dealing with the definition of common law;
and GP-12, effective date of the constitu-
tion.
The report you want in front of you is
the tan report, S&D-17.
The Chair recognizes Delegate Penni-
man, Chairman of the Committee on Style.
This report includes a section dealing
with government during emergencies which
I think was originally included in Commit-
tee Recommendation GP-3, and may have
been in one of the R&P —
DELEGATE PENNIMAN: R&P-1 and
LB-3.
THE PRESIDENT: The report you want
is Style and Drafting 17.
Before we take up Committee Report
S&D-17, I understand there is a motion to
be read across the desk. Motion No. 8, Mr.
Clerk.
READING CLERK: Motion No. 8, by
Delegates Koss, and others.
A MOTION to reconsider the vote by
which Committee Recommendations S&E-1
and S&E-2 (Report S&D-11) as amended
were adopted on second reading in order
that the vote by which Amendment No. 2
to Committee Recommendations S&E-1 and
S&E-2 was adopted may be reconsidered.
THE PRESIDENT: The Chair under-
stands that this motion is desired by the
Committee in order to make a technical
correction which would require suspension
|
of the rules to consider. It will be placed
on the Calendar for action later this after-
noon, at which time Delegate Koss will be
requesting a suspension of the rules. For
this reason, the motion is referred to the
Committee on Calendar and Agenda.
Delegate Penniman.
DELEGATE PENNIMAN: I will go
quickly through the changes in the style,
and what is now listed as item 10, amend-
ment of ,the constitution.
Section 10.01 has included the words "It
is" in line 10 to refer back to "legislature",
for clarification only.
In the next section, on constitutional
amendment, there is virtually no change
made. The custom has been to take an af-
firmative vote of a majority of all of the
members to make it clear that it is more
than simply the voting of a quorum,
regardless of what direction they happen
to go.
In 10.03, constitutional conventions, it is
primarily a matter of chronology that is
involved. We shifted in order to get the
calling in one section, and then the ap-
proval to follow, which we reduced to say
"may be adopted in 'the name manner 'as
amendments," in order that we do not have
to go back through the same detail 'that we
have in the prior section which tells us
how it shall be adopted and what its effec-
tive date shall be, whether produced by
convention or in some other way, in the
case of 'amendment. In our case in 10.03 it
is only by convention.
Section 10.04 is exactly the same as it
came to us.
T,he final item here is one which we
proposed to put into the declaration of
rights. This is the one which has the origi-
nal provisions from the declaration of
rights, which said that the constitution
shall not be suspended; but then in section
3. It), as we approved it, we did provide for
a suspension of the constitution under cer-
tain circumstances.
We were asked by the Committee of the
Whole to put the two together, so that is
what we have done in the provision on page
3, lines 17 through 31 — or actually our
changes begin in line 19: "The provisions
of this constitution shall not be suspended,
exempt temporarily during an emergency
caused by disaster or enemy attack, and
then only to the extent necessary to pre-
serve continuity of state and local public
offices and governmental operations. The
General Assembly by law shall prescribe
|
