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respect to the executive branch including
the establishment or abolition of principal
departments.
THE CHAIRMAN : Delegate Hardwicke.
DELEGATE HARDWICKE: Conse-
quently, you believe that section 4.19 would
give the governor the power to take func-
tions from one bureau or agency and put
them in another bureau or agency.
THE CHAIRMAN: Delegate Morgan.
DELEGATE MORGAN: That is correct.
That is the purpose of it.
THE CHAIRMAN: Delegate Adkins.
DELEGATE ADKINS: May I simply
say that if I gave that impression to Dele-
gate Hardwicke, I certainly did not in-
tend to do so. It is quite clear to me that
he has the power to establish principal
departments and to reassign the functions
of the State within the principal depart-
ments. What I attempted to say was that
he had no authority to create new func-
tions. He could reassign functions already
established by some other legislative proc-
ess.
THE CHAIRMAN : Delegate Hardwicke.
DELEGATE HARDWICKE: I would
like to address a question to Delegate Ad-
kins.
THE CHAIRMAN: Does Delegate Ad-
kins yield to a question?
DELEGATE ADKINS: Yes.
THE CHAIRMAN: Delegate Hardwicke.
DELEGATE HARDWICKE: Is there
anything in section 4.19 which would cause
changes to be construed to prohibit the
governor from creating new functions?
THE CHAIRMAN: Delegate Adkins.
DELEGATE ADKINS: Is there any-
thing in section 4.19 which prevents him
from creating new functions?
THE CHAIRMAN: Delegate Hardwicke.
DELEGATE HARDWICKE: Yes. To
clarify my question, Mr. Chairman, frankly
I have no objection whatsoever to the gov-
ernor's creating new functions but I think
it is very important and I think it should
be clarified.
THE CHAIRMAN: Delegate Adkins.
DELEGATE ADKINS: It is quite clear
to me there is nothing which enables the
governor to create new functions or create
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new programs not otherwise authorized by
law. He might make changes including the
establishment or abolition of principal de-
partments including the assignment or
function of its various units. I do not see
anything which enables the governor to
create new functions. That is my interpre-
tation and I think that is the committee's
interpretation.
THE CHAIRMAN: Delegate Gill.
DELEGATE GILL: I would like to ask
Chairman Morgan a question.
THE CHAIRMAN: Does Delegate Mor-
gan yield?
DELEGATE MORGAN: I certainly do.
THE CHAIRMAN: Delegate Gill.
DELEGATE GILL: Line 41 says, "mem-
bers of each house of the General As-
sembly", and when you were explaining it
you said either house. Was that a slip of
the tongue or had you changed it?
THE CHAIRMAN: Delegate Morgan.
DELEGATE MORGAN: Mr. Gill, in my
blue copy on line 44 of page 7, it says
"concurred in by a majority of all the
members of either house", unless there is
disapproval.
THE CHAIRMAN: Delegate Gill.
DELEGATE GILL: Thank you.
THE CHAIRMAN: Delegate Koss.
DELEGATE KOSS: Will Delegate Mor-
gan yield to a question?
THE CHAIRMAN: Delegate Morgan.
DELEGATE MORGAN: I yield.
THE CHAIRMAN: Delegate Koss.
DELEGATE KOSS: In section 4.18.
This is not the limit of my interest but I
just wanted to make clear for the record,
if the number of principal departments is
changed, such law has to be enacted by a
three-fifths vote of the members of each
house. I would assume even though such
law were passed by three-fifths, it would
still be susceptible to referendum; is that
still the intention of the Committee?
THE CHAIRMAN: Delegate Morgan.
DELEGATE MORGAN: I do not think
the committee ever considered this.
THE CHAIRMAN: Delegate Koss.
DELEGATE KOSS: Well, as long as
there was no intention on the part of the
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