words, "emergency legislation" as it now
exists? Is it liberally construed or narrowly
defined in the cases to date?
THE CHAIRMAN: The Chair can an-
swer that. It has been very liberally con-
strued in favor of the legislature, except in
one case.
Delegate Hanson.
DELEGATE HANSON: Mr. Chairman,
1 prepared an amendment to the Hostetter
motion which I know is being prepared at
this time and I hope it resolves the prob-
lems between the Committee and those of
us who are concerned about both the term
"special legislation" and the use of the
language, which seems to require that any
legislation not to be suspended must be
introduced as such.
This amendment, which I hope will be
before you in just a minute, would say that
no law shall be suspended if it contains a
clause declaring it to be an emergency or
a clause saying that the legislation is non-
suspendable. It permits getting away from
the legislative practice of simply using an
emergency clause when an emergency, in
fact, does not exist; but it leaves the legis-
lature with the latitude to make a law non-
suspendable, even though an emergency
does not exist.
THE CHAIRMAN: Amendment No. 6
is before the Committee at this time. Does
anyone wish to speak on the adoption of
the amendment at this time?
If not, the Chair feels compelled to sub-
mit the vote on the Hostetter amendment.
The Chair recognizes Delegate Cardine
DELEGATE CARDIN: Mr. Chairman,
with apologies for those who think I have
risen, too frequently, I would like to speak
for the last time against amendment No. 6.
I feel in all sincerity that what amend-
ment No. 6 is doing is not liberalizing the
power of the legislature to decide what
should be suspended and what should not
be suspended, but restricting it. This is
what the Committee hoped not to do. We
had every intention of making it broader so
that something that were not an emer-
gency in an immediate sense of within
thirty days, but might be an emergency in
sixty days if the court should so speak
would be permitted to go into effect with-
out suspension.
I would like to make certain everyone
who votes in opposition to the Hostetter
amendment knows that. A vote for the |
Hostetter amendment in effect is limiting
the ability of the legislature to withdraw
such bills from suspension.
THE CHAIRMAN: The Chair would
like to point out that before Delegate Han-
son could raise his point it would have to
be offered as an amendment to Amendment
No. 6.
DELEGATE HANSON: Mr. Chairman,
1 intend to do so. The amendment is being
prepared at this time and will be here. It
is being typed.
THE CHAIRMAN: Does Delegate Hos-
tetter oppose giving opportunity to have
the amendment to the amendment pre-
pared?
DELEGATE HOSTETTER: I am not
entirely clear in my own mind with re-
spect to Delegate Hanson's amendment. It
does include the word "emergency" and
"emergency law" is what I am interested
in. It also includes non-suspendable as well.
THE CHAIRMAN: Point of inquiry,
Delegate Hanson.
Is yours in the alternative, so would both
have to be recited?
DELEGATE HANSON: The amendment
to the amendment which I have drawn
would permit the legislature the choice of
declaring a law to be an emergency when
in fact an emergency did exist or otherwise
deciding that the legislation, because of its
nature, though an emergency did not exist
should be non-suspendable.
It would achieve both these objectives,
both the one sought by the Committee and
the one sought by many of us who are con-
cerned with the failure to use the emer-
gency legislation term.
THE CHAIRMAN: Delegate Scanlan.
DELEGATE SCANLAN: I would point
out under the rules that Delegate Hanson
would have an opportunity to offer this
amendment when we reach the end of all
the sections. You will recall we consider
them seriatim, and when the whole matter
is before you for a final vote, any amend-
ment that would have been germane at the
time the individual sections were being
considered would be germane at that time.
THE CHAIRMAN: This is a very help-
ful suggestion.
Delegate Henderson.
DELEGATE HENDERSON: Mr. Chair-
man, I should like to speak in favor of the |
