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Clagett amendment. With the understand-
ing that the Chair will make this state-
ment, if not in further clarification, at
least in further emphasis, of what has al-
ready been said.
It is recognized that the distinction be-
tween the proposition posed by Amendment
No. 16 and that posed by Amendment No.
16A is a very fine one, about which even
lawyers would disagree, but as to which
laymen would have a great deal of diffi-
culty in even appreciating the line of
distinction. Nevertheless, it is felt by all
concerned that the distinction is a real one
although the opposing sides have different
views as to how substantial the difference
is.
The difference is illustrated by the col-
loquy between Delegate Clagett and the
Chair yesterday and all have agreed that
that colloquy accurately states the situa-
tion. So that the real difference between
Amendment No. 16 and Amendment No.
16A, indeed, is one largely of form. That is
the manner in which the legislature may or
may not act under the proposed language
is largely a matter of form.
However, it is felt by those favoring the
Amendment No. 16A, the Clagett Amend-
ment, that while it is largely a matter of
form, the form is quite substantial and has
a psychological or practical or pragmatic
effect which would assist greatly in carry-
ing out the policy intended by this Con-
vention to limit the ability of the legisla-
ture to act in the field of local legislation.
Under the Clagett amendment, the Gen-
eral Assembly may enact laws that are not
public general laws in the situations listed
in section 3.23, but it may not in enacting
such a public general law exempt from its
operation named counties.
The distinction, therefore, becomes this:
that in the eight situations enumerated in
the section, the General Assembly is not
bound to act by public general law. It may,
therefore, enact laws on a county by county
basis, and there is no restriction on this so
that it could enact a law which by terms
was applicable to one named county, two
named counties or any number of named
counties. It could not, however, enact a law
which by its terms was apparently a public
general law, but contained an express ex-
ception of a named county or counties. The
difference in form, therefore, as indicated
by the colloquy between Delegate Clagett
and the Chair yesterday is that a law
which in one of the eight areas indicated
was made expressly applicable to twenty-
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two counties by name, for instance, would
be proper, but a law to accomplish the
same purposes dealing with the same areas
which said that it was statewide, but ex-
cepted the other two counties of the State
would not be proper.
I think the statement that I have made
is an accurate resume of the discussions
that took place after the session last night
and this morning.
Is there any comment.
(There was no response.)
The question now arises on the adoption
on second reading of sections 3.03, 3.04,
3.14, and 3.23 of Committee Recommenda-
tions LB-1, LB-2, LB-3, as amended. A vote
Aye is a vote in favor of the adoption of
these four sections as amended. A vote No
is a vote against.
Cast your votes.
Has every delegate voted? Does any dele-
gate desire to change his vote?
(There mas no response.)
The Clerk will record the vote.
There being 92 votes in the affirmative
and 17 in the negative, sections 3.03, 3.04,
and 3.23 of Committee Recommendations
LB-1, LB-2, and LB-3, as amended, are
adopted on second reading.
The next item on the agenda is a con-
sideration of the Report S&D-12 of the
Committee on Style, Drafting, and Ar-
rangement. This is a report with respect
to Committee Recommendation GP-6.
The Chair recognizes Delegate Penniman
and requests that he come forward to the
reading desk.
The Chair suggests that Delegate Boyer
take the desk for committee chairmen.
Delegate Penniman.
DELEGATE PENNIMAN: Mr. Presi-
dent, on the section on education, you will
notice first of all that it is a separate
article and that section 8.01 is public
education.
The Committee on Style changed the
word "State" in several instances to read
"General Assembly" since it is obviously
the General Assembly which does by law
act and not the State.
In line 8 and in line 12, was an error on
the part of the Committee in typing. This
was another one of those items that was
done at the last minute and a change which
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