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<br />I <br /> <br />I <br /> <br />have raised some questions on the constitutionality which must be <br />conveyed to the water committee of the Senate and at the same time <br />we endorse and ask that the procedure be initiated on the change of <br />constitution in this regard at the 1973 session of the legislature. <br /> <br />Mr. Kroeqer: I would so molle. <br /> <br />Mr. Williams: I will second it. <br /> <br />I~. Stapleton: All right. it has been regularly moved and seconded. <br />Is there any further discussion? <br /> <br />Mr. Geissinqer: Mr. Chairman, I would like to state that the Attorney <br />General as a member of the board should abstain from voting on this. <br />I assume that some place along the line there may be a request from <br />the legislature to the Attorney General for an opinion as to the <br />constitutionality of what may ultimately come out of 97. <br /> <br />Mr. Stapleton: I think that is a proper reason to abstain. Any <br />further discussion? <br /> <br />Mr. Kroeqer: Ben. may I ask a question? Ken. I am not sure that I <br />follows you as to your reasoning why you don't want the cohstitutional <br />ame~ent at this time. Would you restate that or clear me up a <br />little bit on it? <br /> <br />Mr. Balcomb: If you have a constitutional amendment pending that in <br />one sense of the word says in effect that the statute doesn't mean <br />anything until you get the constitutional amendment and the court is <br />going to know that it is pending. And the court can very well duck <br />the question by saying, "Let's see if they do want to amend the <br />constitution." <br /> <br />Mr. Cornelius: Would you please repeat the motion. please. <br /> <br />Mr. Stapleton: The motion in effect adopts Senate Bill 97. encourages <br />its adoption in its preseht form with the suggestion, conveyed that <br />the board staff and attorney have the considerable doubt as to its <br />constitutionality, and at the same time advising the legislature that <br />we believe the constitutional amendment should be passed at this <br />session of the legislature. <br /> <br />Mr. Geissinqer: Mr. Chairman, I would like to ask Mr. Sparks just <br />one question for my information. Do you feel. Larry. that with these <br /> <br />-15- <br /> <br />" <br />