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THE CHAIRMAN: Delegate Case.
DELEGATE CASE: If what you are
going to do is something1 that will not re-
quire action, I will agree without your
reading it.
THE CHAIRMAN: Delegate Needle.
DELEGATE NEEDLE: If you agree,
that's fine.
THE CHAIRMAN: Delegate Sollins.
DELEGATE SOLLINS: Delegate Case,
with regard to section S.Ola, it is not the
intention of the Committee I would assume,
that an elected school board have any legis-
lative power and therefore would not have
the power to tax.
THE CHAIRMAN: Delegate Case.
DELEGATE CASE: Well, I could con-
ceive of an elected school board assuming that under other provisions of the consti-
tution it could be delegated legislative
powers, and I am not passing on that sub-
ject. In making that assumption then, it
would be an elected body exercising legis-
lative power.
THE CHAIRMAN: Delegate Sollins.
DELEGATE SOLLINS: Then it is pos-
sible within the meaning of this section
for an elected school board to impose a tax
if it should be so authorized by the General
Assembly, is that what I understand you
to say?
THE CHAIRMAN: Delegate Case.
DELEGATE CASE: Well, I have to
consider whether or not under the present
Constitution as it comes out it would be
possible to delegate legislative powers to
an elected school board.
This has not been settled yet, as far as
I know. If it has been as far as you know,
I would be glad, as I did with your brother
Needle, to accept your suggestion, but all
I am saying is that if the General As-
sembly can create a type of board which
is elected and if it can delegate legislative
powers to that board, well, then it could
as a third corollary delegate to them the
power to tax.
I cannot conceive that this would happen,
but it might be possible.
THE CHAIRMAN: Delegate Raley.
DELEGATE RALEY: Delegate Case, in
pursuing the question that Delegate Sollins
had just a little bit further, it was my
understanding that in Committee when we
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discussed this it meant what it said, that
taxes could only be imposed for public pur-
poses by the elected representatives of the
people exercising legislative power. In the
example he gave, the legislative body could
impose a tax, collect the tax, give the
money, but they could not give that power,
this was the very reason we had, that there
be no taxation without representation, as I
recall it.
THE CHAIRMAN: Delegate Case.
DELEGATE CASE: You did not follow
the assumption I made with Delegate Sol-
lins. The assumption I made was that it
would be possible to set up a new kind of
entity, we know not the likes of which
right now, to which there could be dele-
gated legislative-type powers. I do not
know of any such thing, but I am not
ruling out in the effort here of being com-
pletely accurate and candid, the possibility
that it could be done, either under the con-
stitution we are producing here or some
amendment to it which might be later
devised.
If the amendment were devised which
would create a board which would handle
schools to which all power would be dele-
gated to it to make the laws for those
schools and so on, then this would be an
elected body exercising legislative power.
In that case this provision is flexible
enough to permit it to do the job it would
have to do.
THE CHAIRMAN: Delegate Maurer.
DELEGATE MAURER: Delegate Case,
I have another question for you on S.Ola
that also deals with the elected representa-
tive of the people exercising legislative
powers. I wonder, for example, whether
the new board of review could be granted
power to set the state property tax rate?
As I understand the existing wording
in the present Constitution, all that is re-
quired was the consent of the legislature.
Does this chang-ed wording which requires
that taxes shall be imposed only by the
elected representatives of the people exer-
cising legislative powers, affect the way
the board of review could operate?
THE CHAIRMAN: Delegate Case.
DELEGATE CASE: The board of re-
view, as I understand it, is not going to be
composed of elected officials entirely, so
that it would not have the power to im-
pose a tax.
There is a difference between imposing
a tax and setting a rate. I am sure what
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