HD2 - Continuity of Governmental Operations
Executive Summary: Unprecedented dangers exist because of the possible use of atomic or hydrogen bombs which could devastate large areas of the country and possibly obliterate, at one time, the normal machinery of government located in any given area. This has caused attention to be drawn to the desirability of making provision for the carrying on of necessary governmental activities in case of the emergency resulting from such a disaster. The Governor of Virginia, therefore, in a letter dated July 3, 1958 requested a study by the Virginia Advisory Legislative Council of these matters. Because of the gravity of the problems involved, the Council undertook this study itself. It conferred with civil defense authorities in Virginia and examined legislation which has been proposed for adoption and adopted in other states. After mature consideration of the subject, the Council makes the following recommendations: SUMMARY OF RECOMMENDATIONS 1. Since the Governor of Virginia is given by the Constitution broad powers to deal with emergency situations, the principal end to be sought in legislation on the subject is to insure that under any conceivable circumstance there will always be a person who can lawfully assume the office of Governor. 2. Provision should be made by amendment of the Constitution for the unlikely contingency that it would be impossible to assemble sufficient members of the legislature to deal with an emergency situation or that normal election procedures cannot be followed. A constitutional amendment is required to relax, on a temporary basis, certain requirements as to quorums and majorities required for legislation and to provide the mechanics for the election of a legislature under all contingencies. |