|
mandatory provision, but that substantial
compliance shall be sufficient to meet its
terms.
With respect to the second sentence, "the
daily journal shall be published as soon as
practicable and the transcript shall be
available to the public."
It is the intention and interpretation of
the Committee on the Legislative Branch
that this sentence shall be met, if it is sub-
stantially complied with, and is considered
to be mandatory.
With respect to the third sentence, begin-
ning, quote, "All final committee votes on
all bills in both houses shall be entered by
individual reported vote in the daily journal
of the appropriate House."
It is the intention of the Committee that
this sentence shall be complied with by
substantial compliance, and the sentence
shall be considered mandatory.
Continuing, quote, "No bill shall be en-
acted nor shall a resolution requiring the
action of both houses be adopted unless it
is passed in each house by majority of all
the members of that House."
It is the intention and interpretation of
the Committee on the Legislative Branch
that this sentence must be literally com-
plied with and that it is mandatory.
Next sentence, quote, "A vote in joint
session or by either House on any bill or
resolution or for the election or confirma-
tion of any State officer shall be taken only
in public session."
It is the intention and interpretation of
the Committee on the Legislative Branch
that this sentence shall be complied with
when there is substantial compliance, and
the sentence is considered mandatory.
Finally, "On final passage of a bill, in-
cluding a bill proposing a constitutional
amendment or resolution, the vote cast by
each Member shall be recorded in the jour-
nal of the House of which he is a Member."
It is the intention and interpretation of
the Committee on the Legislative Branch
that this sentence shall be complied with
when it is substantially complied with or
met and that it is mandatory. In making
this interpretation of the last sentence, the
Committee on the Legislative Branch is
cognizant of the fact that it is specifically
overruling and overriding the opinion ar-
rived at in Redwood v. Lane 69 Atlantic
2nd 907.
|
THE CHAIRMAN: Are there any ques-
tions of the Committee Chairman with re-
spect to the statement just made?
Delegate Hardwicke.
DELEGATE HARDWICKE: Mr. Chair-
man.
THE CHAIRMAN: Delegate Gallagher,
do you yield to a question?
DELEGATE GALLAGHER: Yes.
THE CHAIRMAN: Delegate Hardwicke.
DELEGATE HARDWICKE: Mr. Chair-
man, in section 3.18, Conflict of Interest,
you have mandated to the legislature that
they by law provide for a code of ethics.
Would it not be feasible, or rather, did
you give consideration to mandating the
legislature to do the things that you have
provided for in 3.17, but that you make
them do it by rule, and if they do it by rule
and it is there on rule that is involved and
not a constitutional rule. Would that not
achieve the same purpose, but with greater
clarity than to rely upon this phrase, "sub-
stantial compliance"?
THE CHAIRMAN: Delegate Gallagher.
DELEGATE GALLAGHER: I think it
would be the feeling of our Committee,
Delegate Hardwicke, that the items covered
by section 3.17 are of such significance to
the proper operation of the General As-
sembly and the interests of the public that
although they may be technical and pro-
cedural, that they are sufficiently impor-
tant to spell out in the constitution.
Now, it may well be that in order to im-
plement the constitutional language that
there will be required further rules, and
certainly, we would contemplate that the
General Assembly could and would adopt
such rules, but to the extent that we desire
to cover specific areas, we believe that we
would prefer and we do prefer to state
what the practice shall be.
THE CHAIRMAN: Delegate Hardwicke.
DELEGATE HARDWICKE: I only
raise the question as to whether you really
mean what you say when you say that it
is that important when you permit sub-
stantial compliance to be construed to be
actual compliance.
THE CHAIRMAN: Delegate Gallagher.
DELEGATE GALLAGHER: Well, we
mean what we say, but at the same time,
we are not anxious to have some slight
|
