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portunity to provide restrictions and quali-
fications upon that right. It is our pro-
posal, at least the Committee's proposal,
that the legislature ought to have one ses-
sion in which to act in this matter.
If they do not, then we take it that the
General Assembly has decided they do not
want to put in any restrictions or quali-
fications.
DELEGATE JAMES (presiding) : Dele-
gate Rybczynski.
DELEGATE RYBCZYNSKI: Following
your thought further as you suggested last
evening, the people who will be damaged
between July 1, 1968, and July 1, 1969, will
have no recourse. Is this true?
DELEGATE HARDWICKE: That is
true, but that is the way it has been from
1776 to 1968.
DELEGATE JAMES (presiding) : Dele-
gate Rybczynski.
DELEGATE RYBCZYNSKI: If you will,
down to the section C, I am even less clear
as to why there should be a date there
since the reversal of the sovereign immu-
nity places no direct imposition on the Gen-
eral Assembly about making any changes
whatsoever. It merely reverses the doctrine
as it now exists.
Why should there be a year and a half
delay an, again, the people suffering dam-
ages in that year and a half? Why should
they be denied the benefit of what we are
trying to do here?
DELEGATE HARDWICKE: We have
the same principle here, I think, that the
legislature ought to have an opportunity
to act in the area. On July 1, 1968, it will
not have had an opportunity to act, and it
ought to have at least one full term in
which to act.
Now, let me divert briefly from your
question and my answer because I want to
explain something with regard to this Jan-
uary 1, 1970 date. It was our feeling that
the legislature would probably act in this
area with regard to sovereign immunity
by July 1, 1969. It was then our intention
to defer for an additional six month, in
order to permit municipalities and so forth
to get insurance which would be sufficient
to protect them with regard to the act of
the legislature.
Here is the way we put it through.
Sovereign immunity may not be pleaded as
a defense in suits against the State or any
units of local government or any of their
departments or agencies except to the ex-
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tent and in the manner provided by law.
Now, Delegate Rybczynski, we felt that
since this Convention said except to the ex-
tent and in the manner provided by law,
the legislature ought to have an opportu-
nity to provide the exception that we set
forth in here and to provide the manner
that we said they could provide.
Otherwise, you will have a period from
July 1 coming until the time that the legis-
lature meets that they could not have acted.
We do not think that is the intention of
this Convention. We postponed the effective
date for one year to give the legislature
time to act and for an additional five or
six months in order to give the municipali-
ties time to obtain proper insurance.
DELEGATE JAMES (presiding) : Dele-
gate Rybczynski.
DELEGATE RYBCZYNSKI: Once
again, Delegate Hardwicke, I just want to
comment I still do not understand how we
can possibly overlook the fact that in that
year and a half many persons will suffer
damages and will not be in a position to
take advantage of this. If you will, go to
section 16 under the judicial branch.
DELEGATE JAMES (presiding): Dele-
gate Rybczynski, let me make a statement
for the purpose of clarification. It has been
suggested to the Chair and the Chair
agrees that for the purpose of keeping a
clear record it will be better to confine our
questions or to take our sections in seriatim
for the purpose of clarification.
Since you referred to section 2, we are
right in line with that. Is there a reference
to section 16 for the purpose of clarifying
section 3?
DELEGATE RYBCZYNSKI: No.
DELEGATE JAMES (presiding) : Well,
the Chair would like to follow the proce-
dure subject to the approval of the Con-
vention to take up each section seriatim
for the purpose of clarification so that if
you have finished your questions on section
3, we will ask for any further questions
on section 3 and then we will go to section
4 and read section 16 in order.
DELEGATE RYBCZYNSKI: You recall
that I asked you that additional —
DELEGATE JAMES (presiding) : Yes,
I understand that. I think the Chair was
in error in its approach. I think we cov-
ered section 1 last night. The recollection
is that we covered I and 2 last evening.
We are now on section 3. Are there any
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