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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 1535   View pdf image (33K)
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[Dec. 1] DEBATES 1535

THE CHAIRMAN : Delegate Boyce votes
Aye.

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 37 votes in the affirmative
and 83 in the negative the motion is lost.
The amendment is rejected.

Delegate Sickles' motion to section 4.25.
Do you desire to oifer that, Delegate
Sickles?

DELEGATE SICKLES: I do, Mr. Chair-
man. It is BJ.

THE CHAIRMAN: The pages will dis-
tribute amendment BJ. This will be Amend-
ment No. 28.

The Clerk will read the amendment.

READING CLERK: Amendment No. 28
to Committee Recommendation EB-1, by
Delegate Sickles : On page 9 section 4.25,
Information from Administrative Officers,
in line 50 after the word "government" add
the following words : "or from any officer
of any county, municipal corporation, civil
unit or multi-county governmental unit".

THE CHAIRMAN: The amendment is
offered by Delegate Sickles. Is there a sec-
ond?

(The amendment was duly seconded.)

THE CHAIRMAN: The amendment hav-
ing been seconded, the Chair recognizes
Delegate Sickles to speak to the amend-
ment.

DELEGATE SICKLES: Mr. Chairman,
the intention with respect to this amend-
ment is to broaden the authority now con-
tained in section 4.25, which authorizes the
governor to secure certain information.

As it is set out now in section 4.25 it is
limited to the executive branch of the state
government, and for reasons which I shall
suggest in a moment, I would like to have
the chief executive also secure information
from the county and other subdivisions of
the State. That is the thrust of my amend-
ment very simply.

The reason for this is that under section
4.12, we continue the governor's authority,
and I guess responsibility, to recommend
measures as he considers necessary or de-
sirable to the General Assembly.

It seems to me that he has a further
function in carrying out those programs

which are adopted by the General Assem-
bly, of seeing in what manner and how ef-
fective these programs are being admin-
istered locally, particularly if it is an area
where funds are provided from the State
to local subdivisions.

Added to that, there is currently a sys-
tem developed in, I guess what we would
call it creative federalism, between the
national and the state government, whereby
there are many federal laws which require
state plans to be adopted, and sometimes
problems have been generated around the
country whereby it has been difficult for
the chief executive and the State to de-
velop a program and get the information
which is needed.

Those very simply and essentially are the
reasons that I propose that the governor
ought to be able to ask for and secure such
information as provided in this amendment.

THE CHAIRMAN: Are there any ques-
tions of the sponsor of the amendment?

This is your time and your only time to
ask questions of the sponsor.

Delegate Morgan.

DELEGATE MORGAN: Mr. Chairman,
will Delegate Sickles yield for a question?

THE CHAIRMAN: Delegate Sickles, do
you yield?

DELEGATE SICKLES: I will be glad
to yield.

THE CHAIRMAN: Delegate Morgan.

DELEGATE MORGAN: Under this
amendment, could the governor not require
all these local units of government to keep
records in such form and such manner and
in such detail as the governor might pre-
scribe and impose on all these local sub-
divisions expenses?

It really can mount up, as a matter of
fact, depending upon the requirements that
the governor imposes.

I am wondering if this is something you
should require in the constitution, or
whether it is something that ought not be
worked out on a cooperative basis between
the governor and the local subdivisions.

THE CHAIRMAN: Delegate Sickles.

DELEGATE SICKLES: It certainly is
not my intention that we would set up a
requirement by this provision that would
set up certain standards, and the like. It
seems to me what I am talking about, con-



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 1535   View pdf image (33K)
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