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toto directly from Article 8, section 1, of
the present Constitution, and there is a
good reason for this. We considered the
word "State" in our Committee, and there
was some thought that perhaps on reflec-
tion that the word "State" is a very am-
biguous term. What is it? I do not think
that Delegate Adkins meant to imply that
the governor should establish or provide.
I do not think that he meant to imply that
the court should establish or provide. I do
not think he meant to imply that the local
subdivisions should establish or provide.
I think that the word "State" encom-
passes all these various individuals and
offices and even goes far beyond that. The
State is everyone, every citizen who has
not been defranchised, every citizen of the
State. To open this situation to allow every
citizen to establish and provide would nat-
urally create chaos and for that reason we,
after careful consideration, suggest that
the words "General Assembly" be substi-
tuted for the word "State".
THE PRESIDENT: Is there any fur-
ther discussion?
Delegate Della.
DELEGATE DELLA: Mr. Chairman,
would the Chairman yield for a question?
THE PRESIDENT: Delegate Boyer,
would you yield?
DELEGATE BOYER: Gladly.
THE PRESIDENT: Delegate Della.
DELEGATE DELLA: By the use of the
words "General Assembly", are you al-
luding to the fact that they are in posi-
tion to raise the budget for the money to
provide for these things?
THE PRESIDENT: Delegate Boyer.
DELEGATE BOYER: It would remain,
Delegate Della, exactly as it is now. The
General Assembly, of course, under the
executive-type budget that we had, would
provide this in its budget. The General As-
sembly would scrutinize it and approve it.
THE PRESIDENT: Delegate Della.
DELEGATE DELLA: The language it-
self states the General Assembly by law
shall establish. Does that not mean that
they are in a position to raise the money
even though they are prohibited from in-
creasing the appropriations submitted by
the governor?
THE PRESIDENT: Delegate Boyer.
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DELEGATE BOYER: I do not think
that it means that.
This is exactly the same language that
we have now, and with your wide experi-
ence in legislative affairs, you probably
know better than most of the delegates
just how it is done. It is certainly not in-
tended that the General Assembly shall do
other than it is properly doing now.
THE PRESIDENT: Delegate Della?
Is there any further discussion?
(There was no response.)
Are you ready for the question?
(Call for the question.)
The question arises on the adoption of
the amendment proposed by the Committee
on Style in line 7 on page 1 of Committee
Recommendation GP-6 to substitute the
words "General Assembly by law" for the
word "State".
A vote Aye is a vote in favor of the
amendment, that is, in favor of the sub-
stitution. A vote No is a vote against.
Cast your votes.
Has every delegate voted? Does any dele-
gate desire to change his vote?
(There was no response.)
The Clerk will record the vote.
There being 71 votes in the affirmative
and 35 in the negative, the amendment in
line 7 to substitute the words "General As-
sembly by law" for the word "State" is
adopted.
The question now arises on the recom-
mendation of the Committee on Style to
amend section 8.01 by striking the word
"provide" in line 7 and the words "by law
for" in line 8 and substituting the word
"establish". Is there any discussion?
Delegate Boyer.
DELEGATE BOYER: Mr. President,
with due respect to the Style Committee,
from here on out, it would be our conten-
tion to substantially revert to the language
that we had originally from the General
Provisions Committee accepted and adopted
and I believe which had been adopted by
this Convention sitting as a Committee of
the Whole.
We would prefer to keep the words
"shall provide by law for" and delete the
word "established".
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