DELEGATE SCHLOEDER: I might
ask, would you agree, sir, that the intro-
duction of the Commission draft material
at this time in this form would be a very
dangerous precedent, and would you also
agree, sir, that if this were to be the case,
it might be better if we were to introduce
Delegate Proposals I through 7, the Com-
mission draft of those articles, those pro-
posals that might pertain to a specific arti-
cle, local government or judicial branch,
and argue and discuss those first, because
this in fact is what we are doing.
DELEGATE GILCHRIST: It is per-
fectly true that this is the Commission
draft. As a matter of substance, there is
not a great deal of difference between the
effect of the Commission draft and that of
the committee recommendation. As a mat-
ter of language, there is a considerable
difference in them.
The Commission draft is written on what
I might call a negative basis. This is in
effect saying that if a petition shall be
presented, the bill shall be subject to refer-
endum. The committee recommendation
takes a reverse approach to this and pro-
vides substantively that there is a right of
referendum, and that the right of refer-
endum shall apply under a given set of
circumstances. The approach to it is simply
a reversing of the order in which the mat-
ter takes place, but substantively there is
very little difference.
DELEGATE SCHLOEDER: May I ask
another question?
THE CHAIRMAN: Will the delegate
yield for a question?
DELEGATE GILCHRIST: Certainly.
DELEGATE SCHLOEDER: If there is
no difference in substance, would it not be
better, sir, to amend the committee recom-
mendation, through the normal process of
amendment, or attempt to amend the com-
mittee recommendation, and also would it
not be better if there is a language prob-
lem that neither goes to the substance or
technical matters, but rather just to lan-
guage, as you suggest, that that be referred
to the Committee on Style and Drafting?
DELEGATE GILCHRIST: With respect
to the referral to the Committee on Style
and Drafting, it was my understanding
that they were limited in their jurisdiction
over the subject matter to what basically
amounts to a question of language. Cer-
tainly they could not substitute some evi-
dent word of art for a special legislation, |
which is a word of art, because it would
be a change in substance and not in lang-
guage or form.
When reference is made to every law
being subject to referendum, they cer-
tainly could not insert a provision saying,
except local laws.
THE CHAIRMAN: Delegate Gilchrist,
the Chair feels that this amendment is
really out of order. He feels that an amend-
ment which attempts to substitute in a
sense an entire section here, an article, al-
most, really should await the adoption of
all sections, section by section, and then
at that point if the delegate wishes to offer
this amendment in lieu of all the sections
being considered, it seems to me that this
would be the proper time to oppose the
amendment. The Chair would like to ask
you to withdraw the amendment. I would
really have to rule it out of order.
DELEGATE GILCHRIST: If there are
any further amendments to this, I cer-
tainly am willing to withdraw the amend-
ment and to reoffer it at the conclusion.
THE CHAIRMAN: After the section by
section process has been considered, I think
that a substitute and an improved draft,
as you contend, might be in order.
DELEGATE GILCHRIST: Under those
circumstances I will withdraw the offered
amendment.
THE CHAIRMAN: The Chair recog-
nizes Delegate Hostetter.
DELEGATE HOSTETTER: Mr. Chair-
man, at this time I would like to reintro-
duce my amendment, Amendment No. 3.
THE CHAIRMAN: All right.
Which amendment are you resubmitting?
Is that the one that has just been sub-
mitted, or is it the one which says, "all
laws of the General Assembly"?
DELEGATE HOSTETTER: That is
the one.
In the one that has just come to the
floor, there are several words I had elimi-
nated from the original amendment.
THE CHAIRMAN: The Clerk will read
the amendment offered by Delegate Hostet-
ter. This will be Amendment No. 6.
READING CLERK: Amendment No. 6
to Committee Recommendation S&E-I, by
Delegate Hostetter: On page I, Section 2,
Legislation Subject to Referendum, lines |
