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Committee that if the governor desires to
reallocate that function to some other, per-
haps a department of transportation, that
that would, in essence, be changing the
existing statutory law and to that extent
the executive order would be a substitute
for a normally enacted statutory provision,
hence the term "by law" means to one
member of the Committee at least, if the
executive order changes terms insofar as
the assignment of existing functions are
concerned on a statute which is currently
on the books, that that executive order
would in effect have the force of law and
therefore, it would have to go through this
procedure.
If, on the other hand, it is merely a re-
assignment of something which is now
within the executive power, but is not
otherwise prescribed by legislation then it
need not be done as a result of the execu-
tive power.
THE CHAIRMAN: Delegate Mason.
DELEGATE MASON: Mr. Chairman,
Delegate Adkins explained what I had in-
tended to speak to.
THE CHAIRMAN: Delegate James.
DELEGATE JAMES: Mr. Chairman,
there is one point that I would like to make
here which I think the members should un-
derstand.
If this Convention is not here to really
have the seed of a constitutional impact,
it would be very conceivable without very
strong cooperation between the executive
and legislative branch that the legislature
would continually disapprove the reorgani-
zation plans of the executive. This is easily
conceivable unless this type of cooperation
existed, so that even in spite of the lan-
guage of 4.18 that there only be 20 prin-
cipal departments, if the legislature vetoes
the gubernatorial executive order, this
could continue indefinitely.
The purpose of the temporary provision
is to make certain that this constitutional
impasse will not develop. The logical and
sensible way to approach this problem is
for the executive and the legislative
branches to cooperate during this early
period, the first two years and to develop
the necessary basic statute to provide this
broad reorganization and I believe this is
the intention of the Committee. Once that is
accomplished by the joint cooperation of
the executive under the provisions of this
section, then thereafter the provisions of
section 4.19 could be easily administered.
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THE CHAIRMAN: Delegate Cardin.
DELEGATE CARDIN: Mr. Chairman,
I should like to clarify in my mind and I
imagine I would ask this question of Dele-
gate Adkins, if he would yield to this
question.
THE CHAIRMAN: Delegate Adkins.
DELEGATE ADKINS: Yes.
THE CHAIRMAN: Delegate Cardin.
DELEGATE CARDIN: Beginning line
9, section 4.19 your explanation now would
give me the impression, or I want to know
if this leaves this impression that the gov-
ernor may only make those changes with
regard to including the establishment or
acquisition of principal departments and
the assignment of functions among these
units. The governor is then limited to those
changes, is that correct?
THE CHAIRMAN: Delegate Adkins.
DELEGATE ADKINS: I would cer-
tainly say that this is this member's under-
standing of the intention. It was, I think
not — no, it was not my intention but, of
course, I cannot speak for the Committee.
It was not my intention that the governor
should have any power to create new pro-
grams as Senator James has said or new
functions, but was simply given the power
to reorganize the effective execution of such
existing programs.
THE CHAIRMAN: Delegate Cardin.
DELEGATE CARDIN: Then, following
that, where you have line 34 and 35, where
those changes require the force of law, you
are referring to only those limited changes
of reorganizing within the narrow frame-
work of the functions already established?
THE CHAIRMAN: Delegate Adkins.
DELEGATE ADKINS: Again I can
speak only as one member, but that was my
understanding and has been throughout the
whole course of consideration of this item.
In other words, we are not giving the gov-
ernor a power to establish a new program
for water pollution. If there is an existing
program for water pollution, he can real-
locate it within such departments as he
sees fit but the establishment of the pro-
gram itself would have to come from the
General Assembly.
THE CHAIRMAN: Delegate Hardwicke.
DELEGATE HARDWICKE : Mr. Chair-
man, I have no quarrel with the general
concept but I would like to make a comment.
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