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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1433   View pdf image (33K)
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[Nov. 29] DEBATES 1433

the agendas of the Board of Public Works
and which take up so much time of busy,
important public officials.

I urgently hope this amendment is
adopted.

THE CHAIRMAN: Is there any discus-
sion?

Delegate Henderson?

DELEGATE HENDERSON: May I ask
the Chairman a question?

THE CHAIRMAN: Does Delegate Mor-
gan yield to a question?

DELEGATE MORGAN: I yield.
THE CHAIRMAN: Delegate Henderson.

DELEGATE HENDERSON: Do I
understand that the board, or rather that
the General Assembly must give all these
powers, in other words, you say have such
powers including but not limited to. Does
that mean that it could not take away any
of these powers from the Board and per-
haps give them to another department?

THE CHAIRMAN: Delegate Morgan.

DELEGATE MORGAN: The intention
was to give the General Assembly complete
discretion. They could give them power
number one, and give power number two to
some other agency, or they could give them
power with respect to creation of only part
of the state debt, or, in other words the in-
tention is to give the General Assembly
complete discretion with respect to the
named functions.

THE CHAIRMAN: So that the Com-
mittee will still have no question about it,
may the Chairman paraphrase that. As I
understand it, you are saying it is the in-
tention of the section that the General As-
sembly may take away from or add to the
enumerated powers at any time or from
time to time. Delegate Morgan.

DELEGATE MORGAN: That is correct,
Mr. Chairman.

THE CHAIRMAN: Delegate Sickles.

DELEGATE SICKLES: Mr. Chairman,
will the Chairman yield to a question.

THE CHAIRMAN: Delegate Morgan.
DELEGATE MORGAN: I yield.
THE CHAIRMAN: Delegate Sickles.

DELEGATE SICKLES: On line 11,
there is the clause, perform in such

manner, and as you recall, it was at my
suggestion that we insert this language,
the intention being that the legislature
could set up rules of procedure having to
do with advisability in the other areas that
I think we would all understand. Some
have suggested, however, that this might
mean that the legislature could require a
unanimous vote of all three. It was not my
intention that it mean that. Would you
agree that we still need a majority vote of
only two rather than all three?

THE CHAIRMAN: Delegate Morgan.

DELEGATE MORGAN: I would agree
it was not the intention of the Committee
to enable the legislature to prescribe the
voting requirements of the Board of Pub-
lic Works or to require that there be unani-
mous votes.

THE CHAIRMAN: Delegate Marion.

DELEGATE MARION: A question of
Chairman Morgan, if I might.

THE CHAIRMAN: Delegate Morgan.
DELEGATE MORGAN: I yield.
THE CHAIRMAN: Delegate Marion.

DELEGATE MARION: Pursuing the
inquiry of Delegate Henderson, do the
enumerated powers in this amendment go
to the board without any action of the
General Assembly or must there be action
of the General Assembly to give any of
these powers in the first instance to this
board?

THE CHAIRMAN: Delegate Morgan.

DELEGATE MORGAN: The General
Assembly has to act. The Board could not
have any powers without some action by
the General Assembly.

THE CHAIRMAN: Delegate Marion.

DELEGATE MARION: Would it then
be correct to say that the intention of the
amendment would have the same effect if
the last sentence read simply, "the Board
shall perform in such manner and have
such powers as the General Assembly may
prescribe?"

THE CHAIRMAN: Delegate Morgan.

DELEGATE MORGAN: Well, it was
thought that it would be desirable, at least
to set out the existing functions of the
Board of Public Works, to indicate the
kinds of duties which the Committee of the
Whole and the Convention had in mind.
Now, certainly the legislature is not limited



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1433   View pdf image (33K)
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