wrong. It seems we are not here to protect
the people. Instead we are here to provide
a government for the people and by the
people. You might say this is a little cliche
or platitude brought out of the air, but I
think it is very important that we look at
it this way. And so if the people act and
make a mistake, it is their mistake, not ours.
It seems to me we should enact a proposal
such as I have here.
THE CHAIRMAN: The Chair recog-
nies Delegate Koss.
DELEGATE KOSS: I would like to
speak in opposition to this amendment. The
Committee has reported a number of pro-
posals on moratorium, varying in length of
time in which the General Assembly would
be prevented from acting.
After a good deal of discussion, we de-
cided this would have no place in the Con-
stitution. We felt first of all that those
very points Mr. Hutchinson raised were
really controlling in terms of the powers
and prerogatives of the legislature. It
would be very difficult, in addition, to fig-
ure out why people rejected a law, what
part of it they were objecting to, whether
implementation, or coverage. We could see
where this might very seriously hamper
the legislature in trying to meet a real
problem, perhaps looking for an alterna-
tive, which under this kind of restriction,
they would be prevented from doing.
We spent a good deal of time on the
merits and demerits, and it was the con-
clusion of the Committee, after a good deal
of study not to recommend moratorium
and, as a matter of fact, to oppose any
provision for it in the Constitution.
THE CHAIRMAN: Does anyone wish
to speak for the proposal? Does anyone
wish to speak against the proposal? The
question now is submitted upon adoption
of Amendment No. 12. Roll call.
(Whereupon, a roll call was taken.)
Has everyone registered his vote?
(There was no response.)
The Clerk will take the roll call. There
being 16 votes in the affirmative, and 97
in the negative, the amendment is rejected.
DELEGATE HUTCHINSON: I would
like to present amendment lettered E.
THE CHAIRMAN: Amendment No. 13.
The Clerk will read the amendment.
READING CLERK: Amendment No. 13
to Committee Recommendation S&E-1, by |
Delegate Hutchinson: On page 3 line 8 of
Committee Recommendation S&E-1 add the
following: "7. Re-enactment of Repealed
Legislation. Once a law has been repealed
by the people of the State, no subsequent
law designed to accomplish that which
was voted down by the people may be re-
introduced in the General Assembly ex-
cept
"a. By a three-fifths vote of each house
of the General Assembly, or
"b. Until a period of two years has
elapsed since the effective date of the
repeal."
THE CHAIRMAN: Delegate Hutchin-
son.
DELEGATE HUTCHINSON: Mr.
Chairman, as we all know at present the
legislature can usually, by a simple ma-
jority, override the vote of the people who
have voted on referendum. We all know
the majority of legislation passed through
the legislature is by more than a three-
fifths vote. However, it seems to me that if
we allow for the referendum at all and if
the people have voted against a piece of
legislation, the legislature would be more
reluctant to re-enact that legislation, thus
the reason behind the three-fifths vote of
each house of the General Assembly.
But this would also leave the legislature
an opening, it would allow them to re-
introduce a piece of legislation and re-enact
it. This would give them the opportunity
to say that they were a little better in-
formed on the legislation and would, there-
fore, re-enact it. This three-fifths vote of
each house allows for pliability of the legis-
lature. I think if we put any bite at all to
the referendum proposal, we should include
something of this sort.
THE CHAIRMAN: Delegate Koss.
DELEGATE KOSS: It seems to me the
same arguments made on the previous
amendment hold true. It still prevents the
General Assembly from reacting to a ma-
jority of the people.
THE CHAIRMAN: Does any other mem-
ber wish to speak on the subject? The Chair
recognizes Delegate Siewierski.
DELEGATE SIEWIERSKI: I would
like to speak on behalf of the amendment.
I do not believe Delegate Hutchinson men-
tioned that during the past twenty-six
years the legislature has on four occasions
re-enacted legislation that had been de-
feated by a referendum to the people. Since |
