|
as this two-year waiting period could be
made either by the governor, by the execu-
tive order route or by the General As-
sembly.
THE CHAIRMAN: The Chair has per-
haps misunderstood both your previous an-
swers and Delegate Maurer's question.
I understood her question to be whether
the phrase "by law" as used in section 4.18
meant the executive order and acquiescence
in it by the General Assembly that is re-
ferred to in section 4.19.
Delegate Maurer, maybe the Chair mis-
understood your question. Will you state
your question again?
DELEGATE MAURER: I think you
stated it quite accurately. My question is,
whether the use of the phrase "by law" in
section 4.18 includes the "by law" phrase
we have used throughout, the regular legis-
lative enactment, whether it includes in
addition those orders which have the force
of law as described under section 4.19.
THE CHAIRMAN: I think the mis-
understanding, perhaps, comes from your
use of the word "includes".
If you could phrase your question with-
out using that word, maybe we can follow
you.
DELEGATE MAURER: Does "by law"
in this sentence have two meanings, the
regular one provided by the usual legisla-
tive enactment, and law created by execu-
tive order and having the force of law?
THE CHAIRMAN: Delegate Morgan.
DELEGATE MORGAN: Mr. Chairman,
I misspoke myself. I answered that last
question incorrectly.
This section really deals with two
powers, one is to make it clear that the
powers and duties of the various depart-
ments are to be prescribed by law and that
is really the only way they can be pre-
scribed because the programs that the
State will undertake —
THE CHAIRMAN: You are talking now
about section 4.18?
DELEGATE MORGAN: Yes. 4.18.
In 4.19, beginning line 29, the governor
may make changes in the organization of
the executive branch including the estab-
lishment or abolition of principal depart-
ments and in the assignment of functions
among its units which he considers neces-
sary for efficient administration. That is
|
the section which gives the governor the
reorganization power really coextensive
with the reorganization power of the Gen-
eral Assembly.
THE CHAIRMAN: Well— did you fin-
ish?
DELEGATE MORGAN: I have finished,
yes.
THE CHAIRMAN: I take it, then, if I
understand that answer, that the answer
to Delegate Maurer's question is that the
phrase "by law" as used in section 4.18
means a law enacted by the General As-
sembly and signed by the governor or en-
acted by the General Assembly over the
veto of the governor and also means an
executive order which has the force of law
under section 4.19. Is that correct?
DELEGATE MORGAN: I understood
your question was not by law limited to
laws enacted by the General Assembly.
THE CHAIRMAN: In section 4.18.
DELEGATE MORGAN: In section 4.18
and approved by the governor or passed
over the governor's veto.
THE CHAIRMAN: Then, what I just
stated was incorrect and what I stated
earlier was correct?
DELEGATE MORGAN: That is correct.
THE CHAIRMAN: Let me make sure
there is no misunderstanding.
If I understand you now, you are saying
that the phrase "by law" in section 4.18
means a statute enacted by the legislature
and signed by the governor or passed over
the governor's veto and does not include
an executive order having the force of law
under section 4.19. Is that correct?
DELEGATE MORGAN: That is correct.
THE CHAIRMAN: Delegate Maurer.
DELEGATE MAURER: Mr. Chairman,
under those circumstances, I think merely
taking out the temporary provision will not
provide the coextensive powers of which
we talked and therefore, I will have to
offer still another amendment.
Would this be a correct legal interpre-
tation, that we would have to take out the
"by law" and leave section 4.19 to de-
scribe the method by which organization
and reorganization take place?
THE CHAIRMAN: Delegate Maurer, if
the Chair correctly understood the an-
swers, I do not think the results you in-
|
