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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 5971   View pdf image (33K)
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that the matter intends to giv» to the General Assembly
the creation of new powers and duties reserving to the
executive the power to reassign and reallocate powers and
functions and duties but not to create such new functions.
The last point I will make and then I will quit
is reference to this term "by law".
There are on the books certain statutes which now
assign, not create, but assign the execution of certain
imposed duties to certain specified organizations within
the State, such as, there are statutes, I think, directing
the Commissioner of Motor Vehicles to provide for licensing
of vehicles. This is a matter of statutory law. It is the
opinion of the Committee that if the Governor desires to
reallocate that function to some other, perhaps a Departmen:
of Transportation, that that would, in essence, be changing
the existing statutory law and to that extent the executive
order would be a substitute for a normally enacted statutory
provision, hence the term "by law" means to one Member of
the Committee at least, if the executive order changes term:;
insofar as the assignment of existing functions are concerned
j on a statute which is currently on the books, that executive



 
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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 5971   View pdf image (33K)
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