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sentation came on 3.23 that the section
8.02 would be headed "Public Higher Edu-
cation" rather than merely "Higher Edu-
cation" since there were some questions
raised with respect to that, otherwise the
change is "as is prescribed by General
Assembly" is the insertion of the "General
Assembly by law" from line 4 bringing it
up where it said "as the General Assembly
may deem to be appropriate". I understand
there are some questions about that latter
withdrawal. It seemed to the Committee
that that was the same thing as in the last
sentence.
Are there any questions of the Committee
Chairman?
Delegate Henderson?
DELEGATE HENDERSON: Don't the
words "their funds" introduce a difference
concept?
DELEGATE BOYER: It is the funds
which have been appropriated to them so
there is no intention.
THE PRESIDENT: I am not clear.
Were you suggesting a modification that
instead of expenditure of their funds it
would read the expenditure of the funds
appropriated to them? I am not sure
whether I understood you.
DELEGATE BOYER: No, in explana-
tion of their funds, Delegate Henderson, I
think, was asking whether I was suggesting
that they had funds somehow independent
of those that had been deemed necessary
and appropriated by the General Assembly
and I did not mean any such change in
meaning. It is only those funds.
THE PRESIDENT: That comment pro-
vokes a question from the Chair because
some of the institutions do indeed have
funds that are not appropriated by the
General Assembly and I take it that it is
intended that they would have power of
supervision.
DELEGATE PENNIMAN: Yes, includ-
ing those that are appropriated and those
that they have from other sources.
THE PRESIDENT: Are there any ques-
tions of either committee chairmen?
Delegate Henderson.
DELEGATE HENDERSON: It seems to
me that this is an unfortunate change so
far from clarifying it confuses the issue.
This is a matter that was debated at great
length. It was represented as a compro-
mise. It was adopted here with great diffi-
culty and now this change of language in
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both sections disturbs me. I do not see why
we cannot return to the original draft in
both cases.
THE PRESIDENT: The Chair is going
to suggest, because I think it will save time
in the long run, that rather than move to
a consideration of either the amendments
proposed by the Committee on Style or any
other amendments at this time that instead
we recess for lunch with the hope that the
delegates will all have carefully read these
sections and also Delegate Boyer will be
able to more quietly prepare whatever
amendments he desires to offer. I think in
this way we can make better time after
lunch.
Delegate Boyer.
DELEGATE BOYER: After talking
with several members of the Committee and
our legal staff, it is going to be our inten-
tion to come back with an amendment re-
affirming the exact language that we had
in the draft with the exception of the dele-
tion of the word "State" and inserting in
lieu thereof "General Assembly" to con-
form with the Style Committee and the
existing language.
THE PRESIDENT: Delegate Penniman.
DELEGATE PENNIMAN: Might I
make one comment on the last sentence in
section 8.02. The Committee on Style con-
ferred about this sentence with Delegate
Lord who presented both of these sections
to the Committee of the Whole as the
spokesman for the minority point of view
in the Committee. As I understand his ex-
planation and interpretation of the intent
of this last sentence, the words "the funds
thereof" meant, in effect, their funds and
the last line, line 8, which has been de-
leted by the Committee on Style, was meant
to refer to the words "additional powers"
which appear back up in line 5. It is a
little difficult to follow the modification of
powers as set out with the language in line
8. I had understood that Delegate Lord
was going to try his hand at re-writing
that last sentence to see whether or not
he could get the expression contained in
the last sentence earlier in the sentence so
that it would read as he intended it to read
but consistent with the other minor modifi-
cations that the Committee on Style had
made. I would suggest that it is not as
clear as it might be if we allowed it to
stand in the language as originally adopted
by the Committee of the Whole.
THE PRESIDENT: Perhaps you could
confer with Delegate Boyer and Delegate
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