CHAPTER 62

GOVERNOR

EMPOWERED TO SUSPEND LAWS

AN ACT CONFERRING POWER UPON THE GOVERNOR, DURING THE RECESS OF THE GENERAL ASSEMBLY, TO SUSPEND OR MODIFY STATUTES IMPEDING OR INTERFERING WITH THE PROPER CONDUCT OF THE WAR AND PRESCRIBING THE CIRCUMSTANCES UNDER WHICH SUCH ACTION MAY BE TAKEN, THE LEGISLATIVE STANDARDS GUIDING AND CONTROLLING THE SAME, THE LIMITATIONS AND RESTRICTIONS APPLICABLE THERETO AND THE PERIOD OF EFFECTIVENESS THEREOF.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. Power to Suspend or Modify Statues Impeding the War Effort. Upon the request of the President, the Secretary of War, the Secretary of the Navy or the Attorney General of the United States, accompanied by a statement of the Attorney General of the United States that the enforcement of a particular statute of this State or any part thereof will conflict with the enforcement of a particular Federal Statute or lawful regulation relating to the prosecution of the war and will interfere with the proper conduct of the war, or upon determination of the State Council of Defense, the Governor at any time when the General Assembly is not in session, may promulgate, orders suspending or modifying the enforcement of the statute, in whole or in part, generally or in its application to particular areas, classes of persons, corporations or circumstances upon such terms and conditions as he deems necessary to impose, and may in his discretion amend, revoke or rescind any such order.

Section 2. Standards, Limitations and Restrictions. The power conferred by this Act shall not be exercised, unless and until the Governor shall find and proclaim, after such study, investigation or hearing as he may make, direct or conduct, that the enforcement of a statute of this State, or any part thereof, described in the request required by Section 1 of this Act, will conflict with the enforcement of a particular Federal statute or lawful regulation relating to the prosecution of the war and will interfere with the proper conduct of the war.

Section 3. Period of Effectiveness. Any order promulgated pursuant to the Act shall be effective for the period of time specified therein or, if no period is specified, for the period during which this Act remains in force, unless the order is sooner rescinded or revoked by order of the Governor or by concurrent resolution of the General Assembly.

Section 4. Effect of Orders. Any order promulgated pursuant to this Act shall have the full force and effect of law when notice thereof has been given in the usual form and manner of proclamation issued by the Governor.

Section 5. Reports to Legislature. The Governor shall report to the General Assembly at its next session all proceedings taken by him pursuant to this Act and shall transmit at the same time to the General Assembly copies of all orders promulgated by him by virtue of the authority of this Act.

Section 6. Short Title. The short title of this Act is the "Executive Statutory Suspension Act."

Section 7. Effective Date; Expiration; Termination. An emergency exists and this Act shall become effective immediately and shall remain in force for the duration of the existing war and until such time as the Governor shall proclaim the expiration of the existing emergency, unless otherwise repealed prior thereto, but in no case shall this Act remain in force and effect for more

than six months after termination of the existing war by the signing of a definitive treaty of peace, or by the proclamation of the President of the United States that hostilities have ceased or that the. emergency in justification of extraordinary war-time powers no longer exists.

Section 8. All acts or parts of acts inconsistent with this Act are hereby repealed to the extent of such inconsistency only.

Approved January 28, 1943.