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then a county could waive the doctrine. Under this section
the county could still waive the doctrine if it wanted to
in its wisdom. The proposal that has been made by the
I Wagandt amendment in effect withdraws that power and would
require that any waiver of the doctrine shall be done at
a state level by public general law.
DELEGATE CLARK: Delegate Clagett.
DELEGATE CLAGETT: Yes.
DELEGATE CLARK: Delegate Case, you may proceed.
DELEGATE CASE: So that. Delegate Clagett, what
you have said up to this point is that your amendment or
the Wagandt amendment which you really thought of first,
I think would carve out another exception to the shared
power concept that we all fought so hard for and would,
in effect, say that in this area, the exemption could only
be provided by public general law.
Now, you are the greatest advocate in this
chamber for the shared power concept and I want to know
why you think there ought to be an exception to it in this
particular case. It seems tome, if I may say so, that this
is a kind of governmental power that we can safety leave to