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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1459   View pdf image (33K)
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[Nov. 30] DEBATES 1459

DELEGATE MAURER: I have several
substitute amendments for the Minority Re-
port amendments. They carry out into a
large extent the intent of the Minority
Report, except in the field of education, but
my amendments go through the existing
paragraphs in the blue page and, therefore,
I am not certain how I propose my amend-
ment as a substitute for the Minority
Report.

DELEGATE J. CLARK (presiding):
Do you have a copy of your amendments?

DELEGATE MAURER: Yes, sir. Shall
I bring them forward?

DELEGATE J. CLARK (presiding):
Yes, please.

DELEGATE J. CLARK (presiding) :
Delegate Boyce can proceed.

DELEGATE BOYCE: A member of the
Committee, Delegate Maurer, has a series
of amendments that she would prefer to
make to the Majority Report. They sub-
stantially do exactly what the Minority Re-
port was trying -to do and it might make it
easier for everybody if I temporarily with-
draw my three and see if the body would
be willing to accept her amendments. This
would satisfy us and then the Majority has
four technical amendments that they would
like to put in at the same time.

If I might have permission to do that.

DELEGATE J. CLARK (presiding):
You have that permission. The Chair rec-
ognizes Delegate Raley.

DELEGATE RALEY: Mr. Chairman,
there are some questions that I have — at
least with the Minority Report, as sub-
mitted. You have an opportunity to ask
questions; if you submit amendments it is a
little more difficult. I do have some ques-
tions here. If it is substantially the same,
I wonder if we could proceed with ques-
tioning Delegate Boyce?

DELEGATE J. CLARK (presiding) :
It is all related. I think perhaps this is all
right. Go ahead and ask your question,
Delegate Raley.

DELEGATE RALEY: Delegate Boyce, I
have some difficulty in following what you
say this does. I think it does some other
things, and I am not so sure that I am not
in favor of them, but I think we ought to
understand it.

In section 4.20 you make no reference
to the institutions of higher learning or to
the State Board of Education, whereas in

section 4.21, which is the section that the
committee submitted, it specifically says
that those departments are excepted.

Now, in reading yours, it seems to me
that there is at least some question that
the governor can appoint the administra-
tive heads of institutions of higher learn-
ing and also the state superintendent of
education.

DELEGATE J. CLARK (presiding) :
Delegate Boyce.

DELEGATE BOYCE: The answer to
that I think you will find in section 4.18.
The difference between the Minority and
Majority is in my 4.18; educational de-
partments are taken outside of the 20 so
they have been excepted from being prin-
cipal departments, whereas they can be in
the Majority Report one of the 20.

DELEGATE J. CLARK (presiding):
Delegate Raley.

DELEGATE RALEY: Yes, but I think
there is some difference.

It says that it may be outside of the
principal departments, whereas in 4.21 of
the Majority Report it specifically says
that they cannot be appointed by the gov-
ernor.

DELEGATE J. CLARK (presiding):
Delegate Boyce.

DELEGATE BOYCE: Delegate Raley,
you may well be right and I believe this
is why Delegate Maurer was worried. She
felt the same way I did, but she did not
want her name on the Report and she was
worried about that same thing. I do not
have that information, but I think it is
worthwhile to bring it up. I am sure Dele-
gate Maurer will bring it up.

DELEGATE J. CLARK (presiding) :
Delegate Raley.

DELEGATE RALEY: I also have a few
more questions.

Also, in section 20, there is a difference
between that and the terms of office under
4.22 under the Committee Report where it
says under the Committee Report that with
regard to these boards, the governor shall
be able upon taking office following his elec-
tion, to appoint at least one-half of the
members.

In your section 4.20 there is no reference
to that. I would assume by that that the
governor could appoint all of them.

DELEGATE J. CLARK (presiding):
Delegate Boyce.



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1459   View pdf image (33K)
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