13,854

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shall have that power, and, in other words, exclusive

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power not subject to rule-making power, and, therefore,

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not concurrent?

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THE PRESIDENT: Delegate Marion?

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DELEGATE MARION: I don't believe so. This

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section, as it is written, gives the Court of Appeals the

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nower to orescribe rules in the first sentence in three

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specific areas.

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The next sentence which this amendment is

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designed to clarify simply gives the General Assembly the

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authority to act by law, a concurrent power to act by

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law in those three areas, except when any of those

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things that might be taken to be encompassed within the

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three categories of the first sentence are spelled

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out elsewhere in that article and are specifically

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reauired to be prescribed by rule, and in those instances

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it says, the Court of Appeals, by rule.

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I see no way that it could entitle the Court

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of Anpeals to have a jurisdiction to do by rule what

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we say the General Assembly is to do by law elsewhere.

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THE PRESIDENT: Delegate Johnson.