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The vote, as the Chair previously an-
nounced, is upon the adoption of the
amendments of the Committee on Style as
modified to GP-7, GP-8, GP-9, and GP-12.
The Clerk will record the vote.
There being 95 votes in the affirmative —
Mr. Boileau votes Aye — 96 votes in the af-
firmative, none in the negative, the amend-
ments of the Committee on Style as modified
are adopted.
We now turn to the substantive amend-
ments to the same provisions that we have
been reviewing. First, section 10.01, Effect
of Constitution on Existing Law. Are
there any substantive amendments?
I have an amendment here of Delegate
Gilchrist.
Delegate Gilchrist, do you wish to offer
the amendment to section 10.01?
DELEGATE GILCHRIST: Mr. Chair-
man, that is not an amendment as to style,
that is a substantive amendment.
DELEGATE JAMES (presiding): We
are now reviewing the sections as to sub-
stantive amendments.
DELEGATE GILCHRIST: The amend-
ment has not gotten to me yet, but I do
wish to offer it.
DELEGATE JAMES (presiding): The
pages will distribute the amendment
marked "F". This will be Amendment No. 4.
Unfortunately, we have two amendments
marked "F". This is Amendment F offered
by Delegate Gilchrist.
The Clerk will read the amendment.
READING CLERK: Amendment No. 4
as amended by Report S&D-17 to Commit-
tee Recommendation GP-7, GP-8, GP-9,
GP-12, R&P-1, and LB-3 on second reading
by Delegate Gilchrist. On page 1, section
10.01, Effect of Constitution on Existing
Law, in line 19 after the word "modified"
add the words "by existing law or".
DELEGATE JAMES (presiding) : Dele-
gate Gilchrist.
DELEGATE GILCHRIST: Mr. Presi-
dent, this amendment is offered in order to
clear a matter which might be sufficiently
confusing to require court interpretation.
As an example of it, I might suggest
that if you will read the last part of the
sentence, in part it says, for example, "all
causes of actions shall continue unaffected
except as modified in accordance with the
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provisions of this constitution." This would
leave open the question of whether or not
rules of court which might have applied,
might be eliminated by this. The same
thing would be true, for example, if you
said "existing sentences shall continue un-
affected except as modified in accordance
with the provisions of the constitution."
There are a great many things which
could modify existing causes of action, ex-
isting rights, existing sentences, that are
not constitutional matters, and the inten-
tion of the amendment is to make sure
that existing law is also applicable as a
modifier of these.
The matter has been discussed with the
Chairman of the Committee on General
Provision, and he concurs in the amend-
ment.
DELEGATE JAMES (presiding): Dele-
gate Boyer.
DELEGATE BOYER: Mr. President,
Delegate Gilchrist did come to me about
an hour ago about this particular situation,
and I can see where there might possibly
be some confusion arising concerning stat-
utes of limitations or some other matters.
I personally have no objection to the
adoption of the amendment.
DELEGATE JAMES (presiding): Dele-
gate Hardwicke.
DELEGATE HARDWICKE: Would
Delegate Gilchrist yield for a question?
DELEGATE JAMES (presiding): Dele-
gate Gilchrist?
DELEGATE GILCHRIST: Certainly.
DELEGATE HARDWICKE: Is the word
"existing" in line 3 of the amendment to
be the same "existing" as exists in line 13
of the recommendation ?
DELEGATE GILCHRIST: It is intended
to refer to the legislation and all other law
which is referred to in lines S and 9 of the
committee recommendation.
DELEGATE JAMES (presiding): Dele-
gate Hardwicke.
DELEGATE HARDWICKE: Is it your
intention by this amendment to preserve
over into sentences, for example, or judg-
ments, the law which exists at the time
these sentences or judgments are imposed,
or is it your intention that the law in ex-
istence at the time the judgment or sentence
is being considered, at some later date
after the constitution is adopted, is the law
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