were not passed in the flexible session?
Would they continue on to the next session,
or how far would they go?
Likewise, while you are answering that
question, here is a companion question:
what would happen to those passed in No-
vember, and perhaps vetoed, when a new
session begins then in the second week of
January?
DELEGATE BARD: It is a good ques-
tion. First let me answer that by saying
what happens now. You do adjourn sine
die. We said this. After you adjourn, you
still have some problems. You cleared the
problem of a close; you don't have an
ephemeral close under the flexible schedule.
But right now, what happens to bills is
that you may be only one day from passage
but if the session ends, the bills die. I give
you this illustration concerning the com-
munity college bill on which I appeared
this very year before the legislature. We
needed two additional votes in order for
state aid to be claimed on another basis.
Had we had one more day, we would have
won, I think, but we lost. What happened?
As a result of the close of the session, the
bill was dead. We had to lose out and ir-
crease our tuition at the college I happen
to represent and at colleges all over the
State, which is going to react very un-
favorably as far as children, young men
and women from modest income families
are concerned.
As things are now, damage is done, and
what happens to the bills?
You have sine die adjournment—and so
in that respect I happen to be one who
thinks bills ought to carry over one more
year. But that is something else and it can
be done either way.
THE CHAIRMAN: Delegate Bennett?
DELEGATE BENNETT: Delegate
Bard, would you care to comment on the
possibilities of what would happen if there
were a conflict between the governor on the
one hand and the legislature on the other
hand, the legislature holding themselves in
session in order to block some action by
the governor and thus stymieing all action
by the state? Does this not tip the balance
in favor of the legislature in our effort to
secure equality over the various branches
of government?
DELEGATE BARD: In answer to that
question, I would say we are very anxious
to move the balance, not tip it, but to equate
the balance in favor of the legislature.
Without this, the balance cannot be so
equated. |
Let me say this: under the Majority Re-
port the legislature can still sit just by
having another special session called by the
majority of the members, yet another one
called by three-fifths or by the two pre-
siding officers. You could still do the very
thing you say. The point about ours is that
you would not be doing it circuitously. You
would be, with respectability, continuing a
session under the constitutional privilege.
Under the Majority Report you would be
doing it circuitously by just adding 30 more
days, 30 more days, 30 more days. I do not
see where one does anything differently
here.
THE CHAIRMAN: Delegate Chabot.
DELEGATE CHABOT: Delegate Bard,
I would like to continue the line of ques-
tioning that Delegate Gilchrist had opened
up.
Are you aware—I assume you are—that
the federal government contains no length
of term that limits the session for the fed-
eral Congress? Are you aware that this
has caused the Congress to sit as a regular
matter 365 days a year?
DELEGATE BARD: Shall I answer
that?
I am aware, Delegate Chabot, of two
things: first, there are 17 states that have
this plan and they have not sat 365 days.
But more important than that, I am aware
of the fact why Congress has sat many
days, not necessarily 365, if you do the
arithmetic; I don't think it is quite fair to
say they sit 365 days a year because if you
calculate it, you will note that they have
sat longer because they dealt with prob-
lems which our state has not had the time
to deal with.
I personally believe it is within these
halls that we should be dealing with prob-
lems of human relations, with problems of
urban strife, with problems of rural diffi-
culties, and these are the problems we have
been unable to deal with because we do not
have the time.
I would take some of the time away from
Congressmen and not have them sit 365
days and have us sit more time and have
them sit less.
THE CHAIRMAN: Delegate Chabot.
DELEGATE CHABOT: May I add a bit
of information to that, Delegate Bard?
THE CHAIRMAN: Is this a question?
If it is not, defer your comment until the
debate. |
