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DELEGATE J. CLARK (presiding):
Delegate Hanson.
DELEGATE HANSON: I share the
same concerns stated by Delegate Case, that
you have restated the law and made an un-
necessary restatement of it.
I would like to know further whether you
are speaking for the Committee or against
the Committee?
DELEGATE J. CLARK (presiding):
Delegate Kiefer.
DELEGATE KIEFER: T.he majority
adopted the concept set forth in section 4.
The amendment, I assume, would be my
own amendment and I do not know how
many other members of the Committee
would join in it.
Delegate Weidemeyer has indicated his
acceptance of it.
DELEGATE J. CLARK (presiding) :
The Chair recognizes Delegate Moser.
DELEGATE MOSER: I have a question
of Chairman Kiefer again.
DELEGATE J. CLARK (presiding) :
Delegate Kiefer, would you yield?
DELEGATE KIEFER: Yes.
DELEGATE J. CLARK (presiding) :
Delegate Moser.
DELEGATE MOSER: It says in line 9
"As may be provided by the General As-
sembly." Does that mean by law?
DELEGATE J. CLARK (presiding):
Delegate Kiefer.
DELEGATE KIEFER: Yes.
DELEGATE J. CLARK (presiding):
Delegate Moser.
DELEGATE MOSER: Where you use the
phrase "by law" or where it is intended to
be used in Amendment No. 10 and where
it is in fact used in section 7 as it now
stands, I take it also that you mean a law
which is not restricted to a public general
law as we know it, but a law which could
vary from county to county, from munici-
pality to municipality. Is that not correct?
DELEGATE J. CLARK (presiding) :
Delegate Kiefer.
DELEGATE KIEFER: Delegate Moser,
I do not want to undertake to say what the
legislature would do, but it would be a
matter within the powers of the legislature.
If the legislature has the authority to desig-
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nate or make different rules or different
laws for different localities or subdivisions
that is up to the legislature. I do not mean
to restrict this, and I do not mean to be
cute about it.
We simply say that the General As-
sembly may remove the sovereign immunity
for the State and its political subdivisions
as it shall deem proper and in the manner
and to the extent it shall deem proper.
DELEGATE J. CLARK (presiding) :
Delegate Moser.
DELEGATE MOSER: I take it, then
Chairman Kiefer and I am thinking not so
much about counties but municipalities
which vary so much throughout the State,
by this you mean that the General Assembly
should have unrestricted authority in this
regard, and I think the answer is yes.
DELEGATE J. CLARK (presiding) :
Delegate Kiefer.
DELEGATE KIEFER: Subject to what-
ever provisions the local government sec-
tion may have put on this. If it is a matter
of style for the Committee on Style and
Drafting that is one thing. We are not
trying to do anything except to provide
that the General Assembly may provide
how this immunity may be changed.
If they can delegate that authority down
to municipalities, that is up to the legisla-
ture and the municipalities.
DELEGATE J. CLARK (presiding) :
Delegate Moser.
DELEGATE MOSER: I am really not
fencing with you or trying to get you to
say something you do not want to say.
What I am really trying to do is to find
out the intention of the Committee.
I thought you had said it earlier. It is not
a question of what the Local Government
Committee suggests, it is really a question
of what your Committee intended. I think
you really intend with regard to either one
of these provisions that the General As-
sembly has to have a broad authority to
treat units of government differently, if
this is required in such a manner. I think
it would be, do not you ?
DELEGATE J. CLARK (presiding) :
Delegate Kiefer.
DELEGATE KIEFER: Delegate Moser,
you sort of put me in the position of a
housewife that just finished taking a first
aid course. Maybe I ought to explain that
Delegate Clark, because really I do not
want to be in such a position. The housewife
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