|
The idea, Delegate Della, is to provide an
interim appointment. The governor might
have a man for a principal job, who is not
willing to accept the job unless he is going
to get confirmation from the Senate, and
who will not go in for what might be a
ten-month's period before the Senate ap-
proves him. This provision would give the
governor the opportunity to put somebody
in on a temporary basis, but have the name
of the permanent man he wanted sent down
so that that man before he would leave
what other job he might have, would know
that he would be approved by the General
Assembly.
I think that is correct, Delegate Morgan,
the intent of this; it does look a little
strange. This was the idea suggested by
one member of the Committee.
If I remember correctly I think it was
unanimously agreed to in the Committee
on the basis that you might not be able to
get somebody to take on a principal depart-
ment unless he knew that the Senate was
going to approve his job.
DELEGATE J. CLARK (presiding) :
Delegate Della.
DELEGATE DELLA: Delegate Boyce,
then assuming that the substituted name is
submitted to the Senate and is rejected,
and the Senate adjourns sine die, does the
person that has been appointed continue on
in his position?
DELEGATE J. CLARK (presiding) :
Delegate Boyce.
DELEGATE BOYCE: Yes, that is cor-
rect. He would until the next session of
the General Assembly, and then he would
have to be approved. Excuse me for in-
terrupting.
DELEGATE J. CLARK (presiding) :
Are there any further questions?
Chairman Morgan.
DELEGATE MORGAN: Mr. Chairman,
I was asked a somewhat similar question
earlier by another delegate and it was my
answer to the question that it certainly
was the intention of the Committee that if
a man was rejected by the Senate his term
would end right then and there, and he
would not continue on after rejection by
the Senate.
DELEGATE J. CLARK (presiding) :
Delegate Della.
DELEGATE DELLA: You are not
speaking of the substituted name. The nom-
|
inee that has been appointed to fill the
vacancy is the one you are speaking of?
DELEGATE J. CLARK (presiding) :
Chairman Morgan.
DELEGATE MORGAN: Is he the one
that is rejected by the Senate?
DELEGATE J. CLARK (presiding) :
Delegate Della.
DELEGATE DELLA: I assume you are
speaking of the substituted name that has
been submitted to the Senate, if he is
rejected.
DELEGATE J. CLARK (presiding) :
Chairman Morgan.
DELEGATE MORGAN: He could not
continue on.
DELEGATE DELLA: He has never
held the office the first place, except under
that section. We are talking about the sub-
stituted person and not the one that has
been appointed.
Now, the one who has been appointed
temporarily, does he have to have the con-
firmation of the Senate before he may
carry on in his position?
DELEGATE J. CLARK (presiding) :
Chairman Morgan.
DELEGATE MORGAN: He will eventu-
ally have to get the confirmation of the
Senate.
DELEGATE J. CLARK (presiding) :
Delegate Gallagher.
DELEGATE GALLAGHER: Chairman
Morgan, in section 4.17, beginning at line
18, on page 6, it reads "A bill that is re-
turned by the governor may be reconsid-
ered by the General Assembly, and if upon
reconsideration the bill is passed by the
affirmative vote of 3/5ths of all the mem-
bers of each house, it shall become law
and shall take effect on the July 1 follow-
ing, unless the General Assembly shall by
joint resolution fix another effective date
subsequent to its passage."
I inquire as to the use of the term "ef-
fective date subsequent to its passage."
Does that mean sometime between the date
it would have taken effect had the gov-
ernor not vetoed it and the July first, fol-
lowing the overriding?
DELEGATE J. CLARK (presiding) :
Chairman Morgan.
DELEGATE MORGAN: It was intended
to mean when the legislature acted the
|
