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DELEGATE GRUMBACHER: Yes.
THE CHAIRMAN: Proceed.
DELEGATE GRUMBACHER: Senator
James, I believe you stated that the gov-
ernor has ironclad control over the fiscal
affairs of the State.
DELEGATE JAMES: That is probably
an overstatement; I made the overstate-
ment for emphasis.
DELEGATE GRUMBACHER: Do you
think that he has ironclad control over the
Board of Education budget?
DELEGATE JAMES: The Board of Ed-
ucation budget: of course, I would have to
say, no, on that. I would say he has to
follow the provisions. However, in certain
areas this would be true. For instance, let
us take the area of the state colleges. The
governor has control. Dr. Pullen will tell
you about that. He has ironclad control
over that. There are probably many areas.
However, where the law provides he must
place certain funds in his budget, this would
not be true.
THE CHAIRMAN: Any other questions
of the minority spokesman? If not, Dele-
gate Johnson desires to ask a question of
the Vice-Chairman of the Committee.
Proceed, Delegate Johnson.
DELEGATE JOHNSON: My question is
directed in response to a question by the
Chairman. What I am wondering is if we
in fact adopt section 4.01, for all practical
purposes vesting exclusive executive power
in the governor, whether or not even if the
legislature could appoint a treasurer un-
der section 4.23, would I be correct in as-
suming that the treasurer could not have
the same quasi-executive duties under that
appointment as he has now?
DELEGATE ADKINS: Could a treas-
urer be created under the proposed new
constitution to have exactly the same du-
ties as he now has?
DELEGATE JOHNSON: Yes.
DELEGATE ADKINS: Your query is:
Would those duties affect section 4.01 as
far as executive powers of the State are
concerned?
DELEGATE JOHNSON: Yes.
DELEGATE ADKINS: Let me talk to
my brains here a minute and see what he
thinks.
DELEGATE JAMES: I have an irre-
sistable desire to answer.
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DELEGATE ADKINS: I would be glad
to yield to the distinguished minority
spokesman.
DELEGATE JAMES: If he becomes a
part of the executive branch, to that ex-
tent he is limited.
THE CHAIRMAN: Any further ques-
tions?
Do you have any further comment?
DELEGATE ADKINS: No, sir, except
to say it is my opinion that section 4.01
would not raise a sufficient constitutional
block to the legislature providing such safe-
guards for management of the state funds
as it thought necessary to do so.
This is an off-the-cuff, off-the-top-of-the-
head, unresearched opinion.
THE CHAIRMAN: Any further ques-
tions? If not, Delegate James may return
to his seat.
Do you have an amendment to offer?
DELEGATE JAMES: The motion is
that Recommendation No. 3 of the Com-
mittee Report EB-1 be amended by striking
"not" on page 1, line 22.
THE CHAIRMAN: May I have the
amendment?
The Chair neglected to number the earlier
two amendments and I think that we prob-
ably should do so.
The first amendment offered earlier was
with respect to Recommendation No. 1.
That would be Amendment No. 1 and the
next with respect to Recommendation No. 2
would be Amendment No. 2 and this would
be Amendment No. 3.
The amendment is to strike the word
"not" in line 22 on page 1 of the Commit-
tee Report.
Is the motion seconded?
(Whereupon, the motion was duly sec-
onded.)
THE CHAIRMAN: The motion having
been seconded, we can proceed to a discus-
sion of the motion under the debate sched-
ule, ten minutes of debate controlled by
Delegate James and ten minutes of uncon-
trolled limited debate.
The Chair recognizes Delegate James.
DELEGATE JAMES: Mr. Chairman, I
would like to yield four minutes of the con-
trolled time to Delegate Sherbow.
THE CHAIRMAN: Delegate Sherbow.
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