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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1511   View pdf image (33K)
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[Dec. 1] DEBATES 1511

Pages please distribute Amendment V.
Mark this Amendment No. 21.

The Clerk will read the amendment.

READING CLERK: Amendment No. 21
to Committee Recommendation EB-1 by
Delegate Morgan. On page 8 section 4.20,
Heads of Principal Departments of the Ex-
ecutive Branch, in lines 1 and 2 strike out
the following: ", including the chief legal
officer and the chief fiscal officer,".

THE CHAIRMAN: The amendment is
proposed by Delegate Morgan. Is there a
second?

DELEGATE CLARK: I second it.

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

DELEGATE MORGAN: This language
in section 4.20 was written prior to the
time that an elected comptroller and elected
attorney general were agreed to. Now it is
completely unnecessary, and we ask that
it be stricken out.

Certainly all of the principal functions
that properly belong to the executive func-
tions are required to be allocated within
principal departments under section 4.18.
Section 4.18 does not apply to constitu-
tionally ascribed functions in any event,
nor does Section 4.19 — at least it is not
intended to apply.

So we ask that the words "including the
chief legal officer and the chief fiscal offi-
cer" in lines 1 and 2 on page 8 be stricken
from the Committee Recommendation.

THE CHAIRMAN: So that the record
will be clear and to make sure that the
Chair understands you, it is not intended
by the elimination of the words "chief fiscal
officer" to indicate that the head of the
fiscal department as a chief fiscal officer
would not be appointed?

That is not the intention?

DELEGATE MORGAN: That is not the
intention.

THE CHAIRMAN: Is there any discus-
sion? Are you ready for the question?

A vote Aye is a vote in favor of Amend-
ment No. 21; a vote No is a vote against.

Before we take the vote, the Chair should
call your attention to the fact that at least
one, and there may be more, switch is tem-
porarily inoperable because liquid has been

spilled into the switch, either coffee, coke,
or something of the sort.

Delegate Boyce's switch is inoperable
this morning. If your switch does not oper-
ate please do not hold it over or try to
make it operate, but instead let the Read-
ing Clerk know and announce your vote
orally.

The question arises on Amendment No.
21 to Committee Recommendation EB-1. A
vote Aye is a vote in favor of the amend-
ment. A vote No is a vote against. Cast
your votes.

Has every delegate voted? Does any dele-
gate desire to change his vote?

(There was no response.)

Delegate Boyce, do not operate your
switch. Record your vote orally.

DELEGATE BOYCE: Aye.

THE CHAIRMAN: Any delegate desire
to change his vote? The Clerk will record
the vote.

There being 110 votes in the affirmative
and none in the negative, the motion is
carried and the amendment is adopted.

Do you have any further technical amend-
ments, Delegate Morgan?

DELEGATE MORGAN: Mr. Chairman,
we have no more technical amendments to
this section. We do have an amendment to
section 4.03 which is not as yet available.

I suggest we go to the remainder of the
sections and by the time we get along, the
amendment to section 4.03 will be avail-
able.

THE CHAIRMAN: Very well.

I think we had concluded consideration
of section 4.18. But to make certain, are
there any other amendments to section 4.18?

The Chair hears none.

Are there any amendments to the un-
numbered section marked "temporary pro-
vision"?

The Chair hears none.

Are there any amendments to section
4.19?

The Chair hears none.

Are there any amendments to section
4.20?

Delegate Maurer.



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1511   View pdf image (33K)
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