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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1495   View pdf image (33K)
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[Nov. 30] DEBATES 1495

pending further action by the Committee
on the Executive Branch.

Delegate Morgan, are you in position to
report on that matter now?

DELEGATE MORGAN: Mr. Chairman,
we delivered an amendment to be repro-
duced sometime ago. I do not know wheth-
er it is ready or not.

THE CHAIRMAN: Will you get the
chief page for me, please?

The amendment is on its way and it
should be here in a moment. We will just
pause for a few minutes.

Delegate Morgan.
DELEGATE MORGAN: Mr. Chairman.
THE CHAIRMAN: Delegate Morgan.

DELEGATE MORGAN: We might dis-
pose of a couple of other small committee
amendments.

THE CHAIRMAN: Very well.

DELEGATE MORGAN: Amendment
AZ, which is an amendment to section 4.18.

THE CHAIRMAN: AZ?
DELEGATE MORGAN: Yes.

THE CHAIRMAN: The pages will dis-
tribute Amendment AZ. Please mark this
Amendment No. 18. The Clerk will read
the amendment.

READING CLERK: Amendment No. 18
to Committee Recommendation EB-1 by
Delegate Morgan: On page 6 section 4.18
Organization of the Executive Branch in
line 29 strike out the word "Organization"
and insert in lieu thereof the word "Struc-
ture"; and in line 35 strike out the words
"prescribed and"; and in line 36 strike out
the words "by law".

THE CHAIRMAN: The amendment is
moved by Delegate Morgan. Is it seconded?

DELEGATE BENNETT: I second it.

THE CHAIRMAN : The amendment hav-
ing been seconded the Chair recognizes
Delegate Morgan to speak to the amend-
ment.

Delegate Morgan.

DELEGATE MORGAN: Section 4.18,
Structure of the Executive Branch. All
functions, powers and duties of the execu-
tive and administrative offices, agencies,
and instrumentalities of the executive
branch of state government shall be pre-

scribed and allocated by law among and
within not more than twenty principal de-
partments so as to group them according
to major purposes.

Then it is followed by the second sen-
tence: The effect of this amendment is to
have section 4.18 simply describe what is
to be done. All of the functions of the ex-
ecutive branch are to be allocated within
not more than twenty principal depart-
ments. The following two sections say how
it will be done. The temporary being first
says that during the first two years the
General Assembly has exclusive jurisdic-
tion to make this allocation and if it does
not make the allocation within the first
two years then the government is given
authority during the following year to
make an allocation by an executive order.

Section 4.19 makes it clear that it is
the General Assembly alone that deter-
mines the programs to be undertaken by
the State of Maryland and that that is not
a function of the governor, but the gover-
nor is given a reorganization authority co-
extensive with that of the General As-
sembly. The governor exercising his au-
thority by submitting the reorganization
plan to the General Assembly within the
first ten days of the session and having it
lie before the General Assembly for fifty
days and then if it is not disapproved by
either house of the General Assembly it
becomes effective and has the force and
effect of law.

THE CHAIRMAN: Is there any dis-
cussion or any questions of the Committee
Chairman?

Delegate Hardwicke.

DELEGATE HARDWICKE: Chairman
Morgan, do you expect to make further
amendments to section 4.19?

THE CHAIRMAN: Delegate Morgan.

DELEGATE MORGAN: No, we have no
amendments to section 4.19.

THE CHAIRMAN: Delegate Hardwicke.

DELEGATE HARDWICKE: Delegate
Morgan, do you agree with Delegate Ad-
kins' interpretation of 4.19 which was, as
I recall that the governor may make
changes in the organization of the execu-
tive branch only with regard to the estab-
lishment or abolition of principal depart-
ments?

THE CHAIRMAN: Delegate Morgan.

DELEGATE MORGAN: No. I think he
has complete reorganization power with



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1495   View pdf image (33K)
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