effect, and there is not so far a stated date
on which laws passed by the General As-
sembly shall take effect, and as long as we
have reasonably agreed that there shall be
as long as a five-month session, then it is
perfectly possible for the General Assem-
bly to say the law shall take effect upon
signature by the governor. This happens
to United States laws.
I think this a very significant substan-
tive difference.
The other difference that is not included
in here is in terms of the percentage of
those who vote on the issue. Again the Com-
mittee felt very strongly that there should
be not only a sizable indication of objec-
tion in terms of petitioning a bill, but there
should also be a sizable display on the part
of the voters and, therefore, it required
that twenty-five per cent of those who voted
on the day the issue was on the ballot had
to vote on the issue.
THE CHAIRMAN: Delegate Raley.
DELEGATE RALEY: I would like to
direct inquiry to the Style—and Drafting
Committee chairman.
After getting used to this committee re-
port, it seems letter all the time, but there
is still one problem, in my mind, at least
as concerns local government. I am still
not at all sure whether this does or does
not affect local legislation, laws passed by
local counties. If it does or if it does not
I think some changes will be needed.
Therefore, I would like to direct this in-
quiry, that if there is this problem and it
shows up later, can Style and Drafting
make provisions to clarify when they have
it in Committee?
DELEGATE KOSS: Delegate Raley, in
our memo to the introduction this refers
only to public general laws as passed by
the legislature. This is not to say we meant
to exclude local legislation or anything
else, but that at such time as the local gov-
ernment provisions are considered, regard-
ing local government and the Legislative
Article in terms of what the powers of the
General Assembly are, we will at that point
consider the whole question of local legis-
lation.
Committee Recommendation S&E-I does
not apply to either local laws passed by
the General Assembly or acts passed by
local governing bodies.
DELEGATE RALEY: Chairman KOSS,
it says here people reserve to themselves |
the power known as the referendum. I
think that includes all people, and if it
does include local government and the
people acting on local government laws,
then the provision of how they handle it
would seem to have to be different. I just
raise that question.
THE CHAIRMAN: Local government
recommendations have specifically built-in
provisions, as I understand it. Delegate
Henderson.
DELEGATE HENDERSON: Mr. Chair-
man, may I suggest to Delegate Raley that
the Hostetter Amendment, which has been
revised so as to read "all laws of the Gen-
eral Assembly," might answer his question
about local government.
I have another question that appears to
me on page 2 of Committee Recommenda-
tion S&E-1, line 48, something seems to be
left out there. I am not clear what it is. 1
would like to know about it. It ends with
"if the law is not so repealed then"—that
is the end of the section.
DELEGATE KOSS: The amendment of-
fered this afternoon adopting section 6b
was stricken. At the time that amendment
was offered, it was indicated by the mover
that there would have to be an editorial
change. If the law is not so repealed the
law which has been suspended shall take
effect 30 days after referendum or as pro-
vided therein, whichever is latest. Does
that answer your question?
DELEGATE HENDERSON: I think so.
THE CHAIRMAN: I think so.
Delegate Gleason.
DELEGATE GLEASON: Mr. Chair-
man, I find much in this amendment to
credit. I think it has reduced the language
to simplicity. I think there is one glaring
error, one pointed out by Chairman KOSS
with respect to suspension provisions in
the petition in the legislation. As the dele-
gates recall we have already provided at
least by one vote that it is entirely possible
for the General Assembly to be in session
for a period of 150 days, which is five
months. If this situation should prevail at
any time, the right of people to gather
their petitions in order to have a law sus-
pended would be seriously curtailed if that
law were in effect in that fifth month or
by June 1.
I am wondering under the circumstances,
I also note, of course, that this amendment
has deleted section 1 of the proposal, which |
