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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1498   View pdf image (33K)
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Morgan, can you tell me after striking the
words "prescribed by law" who is going to
allocate the duties and functions described
in the 20 principal departments?

DELEGATE J. CLARK (presiding):
Delegate Morgan.

DELEGATE MORGAN: That is not in
the next two sections, the first one being
the temporary section. In the first two
years following the adoption of the con-
stitution, the General Assembly does the
allocation. In the next year following the
adoption of the constitution, if the General
Assembly has not done it, the governor
does it by executive order and then in 4.19
the General Assembly and the governor
have the coextensive power to organize and

DELEGATE J. CLARK (presiding):
Are there any further questions on Amend-
ment No. 18?

(There was no response.)

If there is no further discussion, are you
ready for the question?

(Call for the question.)
Will you ring the quorum bell?

The question arises on the adoption of
Amendment No. 18 to Committee Recom-
mendation EB-1.

A vote Aye is a vote in favor of Amend-
ment No. 18. A vote No is a vote against.

The delegates will cast their votes.

Has every delegate voted. Does anyone
desire to change his vote?

(There was no response.)
The Clerk will take the roll.

There being 88 votes in the affirmative
and 2 in the negative, the motion carries.
The amendment is adopted.

Delegate Morgan, does the Chair under-
stand you have other amendments of this

DELEGATE MORGAN: I have a fur-
ther technical amendment to section 4.18.
It is entitled BF.

(President Eney resumed the Chair.)

THE CHAIRMAN: Pages will distribute
amendment BF. This will be Amendment
No. 19.

Delegate Storm.

DELEGATE STORM: Mr. Chairman, if
it is in order while we are waiting for
that to be done, I have an amendment
which I wish not to offer after I ask a
question and have it answered. It can be
gotten rid of while we are waiting.

THE CHAIRMAN: Chairman Morgan,
do you yield to the question?

Delegate Storm.

DELEGATE STORM: Yes. On page 7
under temporary provisions in section 4.19,
it says at the end of that section "such
executive order shall have the force of law
without subject to disapproval by the Gen-
eral Assembly". I just want to make it
very clear that the General Assembly can
in later years change those executive orders
which have the force of law and amend
them. Is that correct?

THE CHAIRMAN: Delegate Morgan.

DELEGATE MORGAN: That is correct,
the General Assembly could change the or-
ganization setup in one of these executive
orders the next day if they chose to and
if they were in session.

THE CHAIRMAN: Delegate Storm.

DELEGATE STORM: Thank you, and
just make sure that the Court of Appeals
and that attorney general get a copy,

THE CHAIRMAN : The Clerk will read
the amendment.

READING CLERK: Amendment No. 19
to Committee Recommendation EB-1 by
Delegate Morgan: On page 6 Section 4.18,
Organization of the Executive Branch, in
line 39 immediately preceding the word
"number" add the word "maximum"; and
in the same line strike out the word
"changed" and insert in lieu thereof the
word "increased"; and in line 40 after
the word "by" add the letter "a".

THE CHAIRMAN : Delegate Morgan, in
line 40, there are two words "by", the first
word, and the fourth word, which is the
word to which you refer in line 10 of the
amendment. I assume it is after the first
word "by."

DELEGATE MORGAN: After the first
word "by", Mr. Chairman, that is correct.

THE CHAIRMAN: Please note that on
your amendment.

Is the amendment seconded?

(Whereupon, the motion was duly sec-


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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1498   View pdf image (33K)
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