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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1436   View pdf image (33K)
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1436 CONSTITUTIONAL CONVENTION OF MARYLAND [Nov. 29]

vote, shall hold its meetings or otherwise
act in such manner and shall have such
powers as the General Assembly may pre-
scribe. "

THE CHAIRMAN: Is that suggestion
satisfactory to you, Delegate Sickles?

DELEGATE SICKLES: I have no ob-
jection to that language.

THE CHAIRMAN: Delegate Morgan.

DELEGATE MORGAN: I have no ob-
jection, Mr. Chairman.

THE CHAIRMAN: Then, the amend-
ment is further modified so that the sen-
tence beginning in line 10, which will be
now the last sentence of the section, will
read as follows: "The Board shall act by
majority vote, shall hold its meetings or
otherwise act in such manner and have
such powers as the General Assembly may
prescribe. "

Delegate Gallagher.

DELEGATE GALLAGHER: Mr. Chair-
man, Article 78 (A) of the Code contains
35 or 40 sections pertaining to the various
powers, limitations and outgrowths of the
Board of Public Works. I ask Chairman
Morgan if it would be his intention that all
those powers devolved by Article 78 upon
the Board of Public Works would be de-
volved upon this interdepartmental board
of review so there would not be a hiatus or
lapse, because there is nothing in the con-
stitution that says all those powers for-
merly exercised by the Board of Public
Works shall devolve upon the interdepart-
mental board of review.

THE CHAIRMAN: If that is true, it
would properly be a matter for the schedule
of legislation.

DELEGATE GALLAGHER: May I sug-
gest that to the Chairman?

THE CHAIRMAN: Delegate Morgan.

DELEGATE MORGAN: We have not
made our recommendations for the transi-
tory provisions in the schedule of legisla-
tion to the General Provisions Committee
as yet. We will have it, though, and will
take this suggestion into consideration.

THE CHAIRMAN: Thank you. Dele-
gate Barrick had the floor first.

DELEGATE BARRICK: I would like to
ask the Chairman a question, if I may,
please.

THE CHAIRMAN: Delegate Morgan, do
you yield?

DELEGATE MORGAN: I yield.

THE CHAIRMAN: Delegate Barrick.

DELEGATE BARRICK: I am a little
confused as to the difference in the report
as it was submitted earlier today, or yes-
terday, and the amendment. It seems that
in the report, Report No. 3, it very defi-
nitely locked into the board of review the
existing powers of the Board of Public
Works and as I read that, the General As-
sembly could not change those powers but
could add to them.

THE CHAIRMAN: Delegate Morgan.
Do you have a further question, Delegate
Barrick?

DELEGATE BARRICK: No. I think he
has answered my question. Thank you.

THE CHAIRMAN: Delegate Bennett.

DELEGATE BENNETT: Mr. Chairman
and Delegate Morgan, I must be under
some sort of a misapprehension. I had
thought that one of the objectives here was
to prevent the legislature from passing the
buck to this interdepartmental board in so
many ways and to restrict some of these 35
powers it has now. What you have done is
give the General Assembly a blank check
when you authorized them to prescribe all
of their powers. I had thought you had a
very good amendment here because you in-
dicated in a way the dimensions of the
authority of this Board when you enu-
merated these powers because that gives
some guide as to what the Convention
might think. I regret to see that you have
struck out these powers in answer to Dele-
gate Case's suggestion.

THE CHAIRMAN: Delegate Morgan.

DELEGATE MORGAN: Mr. Chairman,
there was no intention to limit the author-
ity of the General Assembly to give the
Board of Public Works any authority it
deemed desirable. This was simply a de-
vice for telling what the Convention had
in mind, or why it originally created this
board of review, but there was no intention
to limit the General Assembly from adding
any functions it wanted to to those that
were enumerated.

THE CHAIRMAN: Delegate Wheatley.

DELEGATE WHEATLEY: Will the
Chairman yield for another question?

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



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1436   View pdf image (33K)
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