All in favor say Aye. Is there any dis-
cussion?
The Chair recognizes Delegate Gleason.
DELEGATE GLEASON: Mr. Chairman,
I think it would be helpful if we had this
amendment before us before we voted,
please.
THE CHAIRMAN: The Chair had been
advised that all members had received
their amendments. The information appar-
ently was not correct.
CHIEF PAGE: That is the one that is
being printed.
THE CHAIRMAN: Does everyone have
copies?
No. We are still short.
Delegate Gleason?
DELEGATE GLEASON: I would ap-
preciate it very much for my own edifica-
tion and that of others if the Madame
Chairman of the Committee would express
her views with respect to this amendment.
THE CHAIRMAN: The Chair recog-
nizes Delegate Koss.
DELEGATE KOSS: The Committee
would oppose this amendment.
In our discussions on the question of
emergency legislation, there was never any
intent either to limit the prerogatives of
the legislature to identify those situations
which might need nonsuspendable legisla-
tion, and our only concern was with two
things: one that the term "emergency" is
misleading, if not to the General Assembly
certainly to the public, and the other thing,
that in the present Constitution the only
reference to emergency legislation is in
terms of the referendum.
Secondly, the definition of "emergency
laws" is further narrowed in terms of the
immediate preservation of the public health
and safety.
Now, I am very appreciative of Delegate
Weidemeyer's remarks, except that I am
not sure that an examination of all the
emergency bills passed by the General As-
sembly would indicate that they all read
these words the same way, and that any
individual not a member of the General
Assembly would.
Our own concern, as I said before, was
not in any way to limit the prerogatives
of the legislature in identifying laws which
should not be suspended, but rather that |
the use of the term "emergency law" and
the further definition that it be necessary
for the immediate preservation of the pub-
lic health or safety was too limited. I think
in our report we say that whether this
type of legislation is emergency legislation
or special legislation is immaterial; we hold
no brief certainly for the term "special
legislation", which was pointed out to us
as being a special meaning in the legal
profession. This was why we attempted by
the amendment on nonsuspendable to get
around that problem.
We felt that whatever type or however
this legislation is known, it should certainly
be indicated in the legislative process, be-
cause one of the things we were worried
about, if you just say that any law passed
by three-fifths is nonsuspendable, is it
places a legislator in a difficult position.
The person who would like to support a bill
but does not want to render it nonsuspend-
able and immune from the referendum does
not know how to vote.
We felt it important that this legislation
be so identified in the legislative process.
In conclusion, the Committee would oppose
this amendment.
THE CHAIRMAN: A point of inquiry.
Would the Committee be able to attach
a non-suspendability clause by way of an
amendment during the course of passage
through the General Assembly, or must
this be marked in the initial introduction?
DELEGATE KOSS: Under this Amend-
ment No. 6 as introduced, it could be added
at any point. Might I point out, it has been
said before that the courts have not in-
quired into the nature of the emergency
but I think it was Vice-President James
who pointed out on Friday that the courts
had indeed investigated or gone into the
question of emergency with reference to a
local bill. It was the intent of the Commit-
tee to obviate any possibility that the courts
might inquire in the future into what the
nature of the emergency was.
THE CHAIRMAN: The Chair recog-
nizes Delegate Bennett.
For what purpose does the delegate rise?
DELEGATE BENNETT: To ask a
question, if I may, of the Chairman of the
Committee.
THE CHAIRMAN: Will the delegate
yield?
DELEGATE KOSS: I will yield. |
