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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1413   View pdf image (33K)
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[Nov. 29] DEBATES 1413

The Clerk will read the amendment.

READING CLERK: Amendment No. 4
to Committee Recommendation EB-1 by
Delegate Gallagher: On page 5 section 4. 13,
Convening General Assembly, in lines 29
and 30 strike out the words "the General
Assembly or the Senate alone" and insert
in lieu thereof the words "the Senate".

THE CHAIRMAN: Is the amendment
seconded?

(Whereupon, the amendment was sec-
onded. )

THE CHAIRMAN: The amendment hav-
ing been seconded the Chair recognizes Del-
egate Gallagher to speak to the amendment.

DELEGATE GALLAGHER: Mr. Chair-
man and ladies and gentlemen of the Com-
mittee of the Whole:

The purpose of my amendment is to
bring into harmony section 3. 12 and section
4. 13 already approved by the Committee of
the Whole both of which deal with the
power of the governor to convene the Gen-
eral Assembly.

Section 4. 13 as we have it before us now
in the Committee on the Executive Branch
Report is a bit more stringent with respect
to the circumstances under which the Gov-
ernor may convene a special meeting of the
General Assembly. In section 3. 12 which we
have already approved, we provided that
the governor could convene a special ses-
sion of the General Assembly at any time.
We did not say that it had to be an extra-
ordinary occasion such as is provided in
4. 13, nor did we say that the governor
must state the purpose for which he has
convened the special session.

The purpose of Amendment No. 4 is to
strike out everything pertaining to the gov-
ernor's calling the General Assembly, there-
by making the language of section 3. 12
operative and yet to retain in section 4. 13
the power of the governor to convene the
Senate alone by proclamation which I as-
sume the Committee on the Executive
Branch wanted to take care of for advise
and consent situations. Hopefully the Com-
mittee on the Executive Branch will find
this amendment acceptable.

THE CHAIRMAN: Delegate Morgan?

DELEGATE MORGAN: Mr. Chairman,
the Committee on the Executive Branch
has no objection to this amendment. It is a
matter that is already taken care of in the
legislative branch article and the only ad-
ditional matter in this article is the power

of the governor to convene the Senate
alone.

THE CHAIRMAN: You acquiesce in the
amendment?

DELEGATE MORGAN: Yes, I acqui-
esce in the amendment.

THE CHAIRMAN: Any further ques-
tion?

Delegate Bamberger.

DELEGATE BAMBERGER: Mr. Chair-
man, if this amendment is adopted, may
the attention of the Committee on Style be
directed to the possibility of including this
power of the governor to call a special ses-
sion of the General Assembly in one section
which would probably be 3. 12 and they
could bring it to us in the second reading.

THE CHAIRMAN: The Chair believes
that kind of change is within the power of
the Committee on Style, Drafting and Ar-
rangement and I recommend the Chairman
of the Committee to make a note of it.

Any further discussion?
(There was no response. )
Are you ready for the question?
(Call for the question. )

The question arises on the adoption of
Amendment No. 4. A vote Aye is a vote in
favor of the amendment, a vote No is a
vote against.

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 120 votes in the affirmative and 2 in
the negative, the motion is carried and the
amendment is adopted.

We will now revert to section 4. 03. I will
ask the pages to distribute Amendment Al,
Delegate Storm's amendment. This will be
Amendment No. 5.

The Clerk will read the amendment.

READING CLERK: Amendment No. 5
to Committee Recommendation EB-1 by
Delegate Storm: On page 2 Section 4. 03,
Lieutenant Governor, in line 6 after the
word "governor" add the words: "but the
General Assembly may limit the powers
and duties which the governor may dele-
gate to the lieutenant governor".



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1413   View pdf image (33K)
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