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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 313   View pdf image (33K)
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[Oct 30] DEBATES 313
Resolution No. 18 proposed by the Com-
mittee on Rules, Credentials and Conven-
tion Budget. Is there any discussion? Ready
for the question? The question arises on
the motion to strike all of lines 6 to 21, in-
clusive, and page 1 of Resolution No. 18,
strike the words "regardless of his official
capacity" on lines 23 and 24, on page 1 of
the resolution, to strike the words "and
be it" on line 3 and all of lines 4, 6, and 7.
on page 2 of the resolution. A vote Aye is
a vote in favor of the amendments, a vote
No is a vote against the amendments. Are
you ready for the question? The Parlia-
mentarian calls my attention to the fact
that lines 6 and 7 on page 2 were also
stricken by amendment several days ago
so they need not be again stricken. Are
you ready for the question? A vote Aye is
a vote in favor of the amendment. A vote
No is a vote against the amendment.
Are you ready for the question? All
those in favor, signify by saying Aye; con-
trary, No. The Ayes have it. It is so or-
dered.
The resolution is now before you in its
amended form. Is there any further discus-
sion? The question arises on Resolution
No. 18 as amended.
Are you ready for the question? A vote
Aye is avote in favor of the resolution as
amended, a vote No, a vote against the
resolution as amended. All those in favor,
signify by saying Aye; contrary, No. The
Ayes have it. The motion carries. The reso-
lution is adopted. The Chair recognizes
Delegate Scanlan for the purpose of mov-
ing an amendment to Rule 28 [29].
DELEGATE SCANLAN: The Commit-
tee recommends and I move that Rule
28 [29] be amended by adding the phrase
"having the right to vote" following the
word "committee" in line 2 of the present
rule and again adding a phrase "having
the right to vote" as it appears prior to
the word "committee" in line 4 of the pres-
ent Rule 28 [29].
THE PRESIDENT: The question arises
on the motion to amend Rule 28 [29] by
adding the words "have the right to vote"
after the word "committee" in line 2 and
in line 4. Delegate Chabot.
DELEGATE CHABOT: I would like to
ask a question of the Chairman. Is it your
understanding then that an officer member
of a committee may or may not participate
in the 20 per cent necessary to secure a
minority report?
DELEGATE SCANLAN: He may not
unless that is the committee on which he
will have the one vote.
DELEGATE CHABOT: I see. His vote
is not to be counted and also his partici-
pation is not to be counted.
THE PRESIDENT: What do you mean
by participation?
DELEGATE CHABOT: The require-
ments for minority reports do not indicate
that one must vote in any particular way.
Merely this one must be willing to join
with others to submit a minority report.
The significance of the report is on the
floor, not within the committee.
DELEGATE SCANLAN: The way 1
best could answer Delegate Chabot is with
an example: Assume a committee has 16
members with a liaison officer. That liaison
officer now is removed as a result of the
amendments to Rule 28 [29] for the pur-
poses of counting. Therefore, when 16 were
required you had to have had four in order
to get a minority report. By eliminating
the liaison officer, you reduce the numbers
that count for the purpose of computing
the number required for minority report to
15. Therefore you would only require three
in such a case.
THE PRESIDENT: I do not believe
that is Delegate Chabot's question. As 1
understand his question, the answer is that
the non-voting member of a committee
would not constitute a part of the 20 per
cent of members of commitee required to
file a minority report. Is that your ques-
tion?
DELEGATE CHABOT: My question is
whether or not that is so.
THE PRESIDENT: The Chair would so
rule. Does that answer your question?
DELEGATE CHABOT: Yes, sir.
THE PRESIDENT: In other words, to
use Delegate Scanlan's illustration, if in
that committee only three members desire
to file a minority report, and if one of the
three constituted a non-voting member,
then it would not be sufficient to comply
with the rule. Three voting members are
required. Is there any further discussion?
The rules having been suspended, the ques-
tion arises on the adoption of the amend-
ment to Rule 28 [29] by inserting the words
"having the right to vote" after the word
"committee" where it appears in line 2 of
Rule 28 and again where it appears in line
4 of Rule 28 [29]. A vote Aye is a vote


 
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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 313   View pdf image (33K)
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