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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1364   View pdf image (33K)
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1364 CONSTITUTIONAL CONVENTION OF MARYLAND [Nov. 29]

DELEGATE STORM: Could we get to
a more efficient way of voting by simply
adopting all of the unadopted parts of the
committee recommendation, so that we
would get — yes, the committee recom-
mendation, what we have been voting on.

THE CHAIRMAN: I think we can get
rid of it very quickly if we will take a
vote right now, Delegate Storm.

Delegate Storm.

DELEGATE STORM: What I am trying
to do is eliminate this multiple voting. Can
we bow to the Committee and say, every-
thing you want we will adopt, so we can
get rid of that, and then eventually get to
an effective vote? Could we do this?

THE CHAIRMAN: The Chair will sub-
mit the question immediately, if you will
permit me, and we will dispose of this rec-
ommendation. The only other one is Rec-
ommendation No. 5. I think that would
have to be submitted separately.

The question arises on the approval of
Committee Recommendation No. 2. This is
a recommendation as submitted by the
Committee, and is not amended. In the
recommendation now before you the Com-
mittee recommends that the office of comp-
troller not be provided for in the constitu-
tion. A vote Aye is a vote in favor of the
recommendation, in other words, a vote
against having the comptroller in the Con-
stitution. A vote No is a vote against the
recommendation.

Cast your votes.

Has every delegate voted? Does any dele-
gate desire to change his vote?

(There was no response.)
The Clerk will record the vote.

There being 70 votes in the affirmative
and 70 in the negative, the motion is re-
jected. The recommendation is neither ap-
proved nor disapproved.

The next item on the calendar is the
consideration of Recommendation No. 5 of
the Committee. The Chair recognizes Dele-
gate Morgan, Chairman of the Committee
— for what purpose does Delegate Rush
rise?

DELEGATE RUSH: A parliamentary
inquiry, Mr. Chairman.

THE CHAIRMAN: State your inquiry.

DELEGATE RUSH: On the vote by
which we lost the amendment of Delegate
Sybert, was the vote then 71 to 69?

THE CHAIRMAN: Sixty-nine to seven-
ty-one.

DELEGATE RUSH: Do we not have
three people missing today?

THE CHAIRMAN: We have some ab-
sences, that is true.

DELEGATE RUSH: Three from 142 is
how many — 139, right?

THE CHAIRMAN: Yes.
DELEGATE RUSH: And 140 voted.

DELEGATE BOYCE: I think I can an-
swer that. Mr. Dabrowski came after the
first vote. There were three missing and
after the last two Mr. Cleveland and Mr.
Boyles were absent.

DELEGATE RUSH: All right.
THE CHAIRMAN: Delegate Morgan.

DELEGATE MORGAN: Mr. Chairman,
Recommendation No. 5 of the Executive
Branch Committee, in Committee Report
EB-1 is, so far as I am aware, a recom-
mendation as to which there was no con-
troversy whatever in the Committee. It
recommends the following offices not be pro-
vided for in the constitution: The secretary
of state, coroners, elisors, notaries public,
surveyors, and the state librarian.

As a matter of fact, the secretary of
state had the distinction of being the only
state officer who recommended to our Com-
mittee that his office not be provided for in
the constitution.

These officers which I just mentioned do
not significantly interfere with the gov-
ernor's executive powers, since the office
holders exercise only ministerial functions.
However, to the extent that these officers
are given constitutional functions their
status is too inflexible and such inflexi-
bility interferes with efficient administra-
tion of the state.

For example, the Commissioner of the
Land Office was originally provided for in
the prior Constitution and was given certain
functions. In 1966 it was necessary to
amend the constitution in order to transfer
the duties of the office to another state
agency.

It is therefore recommended that these
officers be removed from the constitution
so as to increase the flexibility of the
state's administrative structure. This will
give the General Assembly and the gov-
ernor, through his reorganization power,
the ability to reorganize the administrative

 

 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1364   View pdf image (33K)
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