ARTICLE 2, SECTION 42
SECTION 42 GOVERNMENTAL CONTINUITY DURING EMERGENCY PERIODS.
The legislature, in order to insure continuity of state and local
governmental operations in periods of emergency resulting from
enemy attack, shall have the power and the duty, immediately upon
and after adoption of this amendment, to enact legislation
providing for prompt and temporary succession to the powers and
duties of public offices of whatever nature and whether filled by
election or appointment, the incumbents and legal successors of
which may become unavailable for carrying on the powers and
duties of such offices; the legislature shall likewise enact such
other measures as may be necessary and proper for insuring the
continuity of governmental operations during such emergencies.
Legislation enacted under the powers conferred by this amendment
shall in all respects conform to the remainder of the
Constitution: Provided, That if, in the judgment of the
legislature at the time of disaster, conformance to the
provisions of the Constitution would be impracticable or would
admit of undue delay, such legislation may depart during the
period of emergency caused by enemy attack only, from the
following sections of the Constitution:
Article 14, Sections 1 and 2, Seat of Government;
Article 2, Sections 8, 15 (Amendments 13 and 32), and 22,
Membership, Quorum of Legislature and Passage of Bills;
Article 3, Section 10 (Amendment 6), Succession to
Governorship: Provided, That the legislature shall not depart
from Section 10, Article III, as amended by Amendment 6, of the
state Constitution relating to the Governor's office so long as
any successor therein named is available and capable of assuming
the powers and duties of such office as therein prescribed;
Article 3, Section 13, Vacancies in State Offices;
Article 11, Section 6, Vacancies in County Offices;
Article 11, Section 2, Seat of County Government;
Article 3, Section 24, State Records. [AMENDMENT 39, 1961
House Joint Resolution No. 9. Approved November, 1962.]