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DELEGATE HENDERSON: I was just
going to say what Mr. Gallagher said. The
"prescribe" requires that the legislature
write a code in the first instance, and they
can regulate the second and provide for a
regulation in any manner that they please.
I think that is exactly right, and it
should stay the way it is.
THE PRESIDENT: Is there any fur-
ther discussion?
DELEGATE SOLLINS: I would like to
move the previous question.
THE PRESIDENT: The question arises
on the motion to move the previous question.
All those in favor signify by saying Aye;
contrary, No. The Ayes have it. It is so
ordered.
The question arises on the adoption of
Amendment No. 2 to Committee Recom-
mendations LB-2, LB-3 and GP-10 as
amended by Style Committee Report S&E
14, as modified. It is the amendment as you
have it printed except in line 3, add a semi-
colon, and add the word "for" in line 50.
A vote Aye is a vote in favor of the
amendment; A vote No is a vote against.
Cast your votes.
Has every delegate voted? Does any dele-
gate desire to change his vote?
The Clerk will record the vote.
There being 87 votes in the affirmative,
and 9 in the negative, the motion is car-
ried, and the amendment is adopted.
Amendment No. 3, on which you have
acted, has now been distributed by the
pages. It is Amendment "D" for "dog".
Please correct your copy so that in line 2
the word "they" is stricken, and insert the
word "that", and beginning in line 3 before
the word "now" insert the word "are".
Delegate Sollins.
DELEGATE SOLLINS: I have an
amendment, lettered "A".
THE PRESIDENT: Did you give your
amendment to Mr. Benson, Delegate Sollins?
DELEGATE SOLLINS: I have had a
printed copy for some time, and I assumed
it was available for distribution.
THE PRESIDENT: Will you send your
copy to the Chair? Will the page get the
copy from Delegate Sollins, please?
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While we are waiting to find the amend-
ment, Delegate Penniman, may I have your
attention for a moment?
One of the delegates has passed to the
Chair a note suggesting the possibility that
the caption of section 9.08 be modified to
show that it covers two relatively distinct
things. I rather suspect this was considered
by your committee. Can you tell me whether
that was so?
DELEGATE PENNIMAN: Mr. Presi-
dent, there are a number of these which are
not fully descriptive, but it is in general
our policy to hold them rather brief, so it
seems to me that a conflict of interest is
sufficient for this.
THE PRESIDENT: Very well.
This will be Amendment No. 4. The
Clerk will read the amendment.
READING CLERK: Amendment No. 4
to Committee Recommendations LB-2, LB-3,
GP-10, as amended by Style Committee Re-
port S&D-14, by Delegate Sollins: On page
3, section 9.10, Impeachment, in line 17
after the period add this new sentence:
"If the House is not in session, the pre-
siding officer, upon the written request of
three-fifths of all the members of the
House, shall convene the House for con-
sideration of impeachment only."
THE PRESIDENT: The amendment is
submitted by Delegate Sollins.
Is there a second?
Delegate Bamberger seconds the amend-
ment.
The Chair recognizes Delegate Sollins to
speak to the amendment.
DELEGATE SOLLINS: I think it very
safe to characterize this amendment as one
of the less significant ones that this Con-
vention is going to hear about.
However, I think it is a necessary one
when we were discussing S&D-16, LB-2 and
LB-3 and GP-13, that it is not possible for
the House of Delegates to get into session
if they wanted to consider an impeachment
proceeding and in order to meet this gap,
this amendment is suggested to be added to
the impeachment section.
This will provide that the House of Dele-
gates by itself, with three-fifths of the
members acquiescing can call itself into
session for consideration of impeachment.
This would not require the governor to do
it. It would not require the concurrence of
both houses.
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