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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1513   View pdf image (33K)
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[Dec. 1] DEBATES 1513

if we removed the word "occupational" the
General Assembly would not be able to de-
scribe any professional qualifications?

THE CHAIRMAN: Delegate Morgan.

DELEGATE MORGAN: If you remove
the word "occupational" the General As-
sembly will be able to prescribe what is re-
quired for a particular position. For ex-
ample in the case of a board, you might
require that not more than three members
shall be of the same political party. In the
case of another board, you might require
that they come from various sections of the
State.

There could be any number of qualifica-
tions including occupational qualifications
that the General Assembly could describe.

THE CHAIRMAN: Delegate Miller.

DELEGATE B. MILLER: In that case I
think the memorandum has an inconsis-
tency and we should not approve the memo-
randum when we approve the amendment.

The memorandum said it was otherwise.
If by using the word "qualification", you
mean that the General Assembly could pro-
vide occupational qualification when it so
desired, I would suggest the deletion of the
memorandum.

THE CHAIRMAN: The memorandum,
Delegate Miller, is not approved when the
amendment is approved, necessarily.

I think the record should clearly state
the point that you make. I do not think the
adoption of the amendment is the adoption
of the memorandum.

Delegate James.

DELEGATE JAMES: Mr. Chairman, I
believe the memorandum is based on some
discussion that was held in Committee on
this point; I personally, as a member of
the Committee, never agreed that the leav-
ing out of the word "occupational" would
in any way hamper the General Assembly
as it does not today, so I think there is
some justification for the person who wrote
the memorandum saying this.

I do not really believe it represented a
unified feeling of the Committee.

THE CHAIRMAN: Delegate Morgan, do
you have a further comment?

DELEGATE MORGAN: Mr. Chairman,
I have no further comment except that
striking out the word "occupational" it
seems to me would give the General As-
sembly the power to prescribe any qualifi-

cation, and I think that was Delegate
Storm's contention in proposing this
amendment.

Am I correct?
THE CHAIRMAN: Delegate Storm?

DELEGATE STORM: Yes, Mr. Chair-
man, that was the idea.

THE CHAIRMAN: The Chairman rec-
ommends that although the recent discus-
sion dealt with the second part of the
amendment, nevertheless the Chairman of
the Committee recommends the adoption of
both changes covered by the amendment.

Is that correct?

DELEGATE MORGAN: That is cor-
rect, Mr. Chairman.

THE CHAIRMAN: Are you ready for
the question?

The question arises on the adoption of
Amendment No. 22. A vote Aye is a vote
in favor of the amendment, and a vote No
is a vote against. Cast your votes.

Delegate Boyce, you will have to an-
nounce your vote.

DELEGATE BOYCE: Aye, sir.

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

The Clerk will record the vote.

There being 99 votes in the affirmative
and 4 in the negative, the motion is carried
and the amendment is adopted.

Are there any further amendments to
section 4.21?

The Chair hears none.
Any amendments to section 4.22?
The Chair hears none.

Are there any amendments to section
4.23?

The Chair hears none.
Delegate Maurer.

DELEGATE MAURER: Amendment to
section 4.23, I believe it is amendment Y.

THE CHAIRMAN: Amendment Y. The
pages will please distribute amendment Y.
Please mark this Amendment No. 23.

The Clerk will please read the amend-
ment.



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1513   View pdf image (33K)
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