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perfectly correct, and I think section 5 on
page 3 can be stricken.
DELEGATE JAMES (presiding) : Any
further comments on section 5?
DELEGATE HARDWICKE: Section 5,
page 3, is unnecessary.
DELEGATE JAMES (presiding) : Sec-
tion G, referendum for public local laws.
Delegate Chabot?
DELEGATE CHABOT: I just would
like to know to what the January 6, 1971
date refers to? Does that refer to laws
enacted prior to that date or petitions
filed prior to that date or referenda held
prior to that date?
DELEGATE HARDWICKE: This date,
January 6, 1971, ties into the time that all
of the counties will have charters, and the
idea is that there shall be no referral prior
to that date except in accordance with this
provisions, and it does not make any differ-
ence when the law was passed. That is to
say, that the referral, the mechanism for
the referendum, must be completed and
done prior to this time at which time this
goes out of effect.
DELEGATE JAMES (presiding) : Dele-
gate Koss.
DELEGATE KOSS: Chairman Hard-
wicke, I think that the point that Delegate
Chabot raises is a valid one because a law
might be petitioned. I think that the Jan-
uary 6 date refers to the date of enactment
of a law, that any law enacted prior to
that date shall be subject to the provisions
in the present Constitution. It is not that
the referendum procedure in terms of vot-
ing has to be completed by that date.
DELEGATE JAMES (presiding-) : Dele-
gate Hardwicke.
DELEGATE HARDWICKE : I think that
is correct. I think this conforms to the
other referendum procedure which relates
to enactment.
DELEGATE JAMES (presiding) : Is the
language clear on that, Delegate Hard-
wicke, or will this require amendment?
DELEGATE HARDWICKE: I think we
should amend section 6 so it will read in
the same way the other referendum provi-
sion reads with regard to laws enacted
prior to January 6, 1971.
DELEGATE JAMES (presiding) : Pub-
lic local law?
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In other words, it would probably read,
"A public local law enacted prior to"? Is
that correct?
DELEGATE HARDWICKE: Yes. That
is the correct answer to you, Delegate Cha-
bot. My answer was incorrect.
DELEGATE JAMES (presiding) : If
there is no objection, the language will be
considered so modified.
All right, any further questioning con-
cerning section 6? If not, we will proceed
to section 7. The Chair hearing no ques-
tions will proceed to section 8.
The Chair hearing no questions, we will
proceed to section 9, executive branch, elec-
tion of officers.
The Chair, hearing no inquiries, it will
proceed to section 10, terms of office of
incumbents.
Delegate Byrnes.
DELEGATE BYRNES: Delegate Hard-
wicke, where will I find a provision which
would continue the powers of the current
comptroller, et cetera, until 1971, if the
current constitutional powers cease with
the Constitution? What does he continue to
do? I notice, according to your memoran-
dum, your intention is that you shall con-
tinue with these powers, but where do you
effectively give them to him?
DELEGATE JAMES (presiding) : Page
19?
DELEGATE HARDWICKE: Page 19,
with regard to the treasurer and comp-
troller, and section 13 and section 14, for
the Board of Public Works.
DELEGATE JAMES (presiding) : Dele-
gate Ulrich.
DELEGATE ULRICH: Mr. Chairman,
I suggest an absence of a quorum.
DELEGATE JAMES (presiding) : The
Clerk will ring the quorum bell.
The members will record a vote on a
quorum call.
Has every member recorded his pres-
ence?
(There was no response.)
The Clerk will record the vote on the
quorum call.
There being 103 members present, a
quorum is present and the Constitutional
Convention may continue in operation.
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