4I and 42 and insert in lieu thereof the
following: "to serve for a term beginning
at noon on the second Wednesday of De-
cember following his election and ending
at noon on the second Wednesday of De-
cember in the fourth year thereafter."
THE CHAIRMAN: The amendment is
moved.
Is it seconded?
(Whereupon, the amendment was duly
seconded.)
THE CHAIRMAN: The Chair recog-
nizes Delegate Chabot to speak to the
amendment.
DELEGATE CHABOT: Mr. Chairman,
this is essentially a technical amendment.
I consulted with the staff of the Legislative
Committee and their initial reaction was
that this would provide a technical im-
provement to the section. As it was pre-
sented in LB-I, it would be possible, in
fact, it would occur in every election that
there would be either a period of two days
in which there would be no General As-
sembly because the old term would have
expired and the new term would not have
started, or a period of five days during
which there would be two General Assem-
blies, the old terms not having yet expired,
the new terms having already started.
In order to avoid both the hiatus and
the overlap, I have offered my amendment
which will make it clear that the new term
starts as soon as the old term expires. This
is a situation which exists at the present
time under the Constitution. However, it
has had no consequence simply because the
Constitution has required that the first
session of the General Assembly not begin
until January and the last term had been
over in November.
However, since the scheme presented by
LB-I involves the new General Assembly
beginning to take some action as soon as
its term has started, I think it is desirable
to avoid continuing this situation.
THE CHAIRMAN: Delegate Chabot, I
think it might be desirable for you to
clarify why there would be the overlap of
two days or hiatus of two days.
DELEGATE CHABOT: As I calculate
it, the General Assembly elected in 1970
would take office on December 9, 1970. The
General Assembly elected in 1974 would
take office on December 1I of that year.
However, the previous General Assembly's
term will have expired at the end of the
day, presumably on December 8th. That is |
an example of the hiatus of two days. The
overlap situation is illustrated by the Gen-
eral Assembly elected in 1978 which would
take office on December 13 of that year and
would leave office presumably at the end
of the day of December 12, 1982. However,
the 1982 General Assembly would take of-
fice on December 8. Therefore, for Decem-
ber 8, 9, 10, 1I and 12 there would be a
period of five days during which we would
have two General Assemblies, and conceiv-
ably some degree of dispute if there were
substantial change in the makeup and con-
trol of the two General Assemblies.
THE CHAIRMAN: The Chair recog-
nizes Delegate Gallagher.
DELEGATE GALLAGHER: Mr. Chair-
man, Ladies and Gentlemen:
I think Delegate Chabot's amendment is
an improvement to the Committee Report,
and I recommend its adoption; and I would
urge the members of the Committee on the
Legislative Branch to support it.
THE CHAIRMAN: Is there any further
discussion?
(There was no response.)
Ready for the question?
(Call for the question.)
The question arises on the adoption of
Amendment No. 17 to Committee Recom-
mendation LB-I. A vote Aye is a vote in
favor of the amendment. A vote No is a
vote against.
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 125 votes in the affirmative
and none in the negative, the motion
carries. The amendment is adopted.
Delegate Chabot.
DELEGATE CHABOT: Mr. Chairman,
having been on the short end of a 130 to 2
roll call vote, I am very much gratified by
this result.
THE CHAIRMAN: Are there any
further amendments to section 3.06?
(There was no response.)
If not, we move to consideration of sec-
tion 3.12, Minority Report LB-1F. The
Chair recognizes Delegate Bard for the
purpose of presenting the Minority Report.
Will he come forward, please? |
