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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1419   View pdf image (33K)
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[Nov. 29] DEBATES 1419

DELEGATE WEIDEMEYER: Can you
tell me the specific language in this amend-
ment which gives him those duties and those
powers and prerogatives?

THE CHAIRMAN: Delegate Weide-
meyer, Delegate Morgan told you the pro-
vision as to membership on the Board of
Public Works or board of intergovernmental
review or whatever it is to be called is in
a separate amendment.

DELEGATE WEIDEMEYER: If it is,
I did not see it.

THE CHAIRMAN: Delegate Della.

DELEGATE DELLA: Delegate Morgan,
will you yield for a question?

THE CHAIRMAN: Delegate Morgan.
DELEGATE MORGAN: Yes.
THE CHAIRMAN: Delegate Della.

DELEGATE DELLA: In Amendment
No. 7 you state that the comptroller shall
not be head of the finance department. Are
you going to make provision for a finance
department?

THE CHAIRMAN: Delegate Morgan.

DELEGATE MORGAN: I assume that
the finance department or the fiscal depart-
ment or whatever you want to call it will
be one of the principal departments of the
state government.

THE CHAIRMAN: Delegate Della.

DELEGATE DELLA: Will you not have
to make some provisions for that?

THE CHAIRMAN: The Chair is unclear
when you say "make some provisions". You
mean in the Constitution?

Delegate Della.

DELEGATE DELLA: No, I mean with
your transitional proposals to the legisla-
ture.

THE CHAIRMAN: Delegate Morgan.

DELEGATE MORGAN: I do not think
there is any necessity for making any pro-
vision for a finance department or any
other principal department.

THE CHAIRMAN: Delegate Della.

DELEGATE DELLA: There is no fi-
nance department in existence today as a
finance department.

THE CHAIRMAN: Delegate Morgan.

The Chair would point out to you that
the words "finance department" in this

amendment are in small letters. The Chair
would not take it that that referred to that
name as a proper name necessarily but
rather as descriptive. I would assume that
under the drafting rules that we have been
following that if it was intended that fi-
nance department be the name of a depart-
ment it would be in capital letters.

Delegate Della.

DELEGATE DELLA: Will you yield to
a question?

The comptroller's office now has the duty
to collect taxes. Are we to create a depart-
ment or have the General Assembly create
a department to collect taxes and have a
director over that department?

THE CHAIRMAN: I again am unclear
in your question; if you mean by "we" the
Constitution, I take it that the question
you asked is answered by the other sec-
tions of the committee recommendation,
namely those referring to the organization
of the executive branch, 4. 18 and the fol-
lowing section.

Delegate Della.

DELEGATE DELLA: Under those pro-
posals then I suppose the General Assem-
bly will have to provide for a so-called fi-
nance department.

THE CHAIRMAN: The Chair would as-
sume so.

I direct the question to Delegate Morgan.

DELEGATE MORGAN: I assume that
there is going to be a finance department
or a department of fiscal affairs or depart-
ment of treasury or some other name in
the state government and in that depart-
ment will be the function of all tax col-
lecting which is now performed by the
comptroller's office.

THE CHAIRMAN: Delegate Della.

DELEGATE DELLA: In other words,
your Committee recognizes that problem.

THE CHAIRMAN: Delegate Morgan.

DELEGATE MORGAN: Oh, yes, cer-
tainly.

THE CHAIRMAN: Delegate Della.

DELEGATE DELLA: The language
that I was looking for in answer to your
question is in 4. 18 that says "All functions,
duties and powers of the executive and ad-
ministrative offices, agencies, and instru-
mentalities of the executive branch of state
government shall be prescribed and allo-



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1419   View pdf image (33K)
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