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We have this specific provision permitting
it, a referendum in the case of regional
government, because it is not now clear
under present law that the General Assem-
bly could provide one. There was extensive
discussion of this in connection with the
referendum provisions. However, to make
sure the General Assembly can do so, we
provide the referendum.
We do not recommend inclusion in a new
constitution of all the detail regarding
popularly elected, representative regional
governments contained in the Commission
draft section 7.03 through section 7.05.
Some Committee members believe regions
should be created now by one method or
another. However, all of us agree that un-
less either the General Assembly is man-
dated by the constitution to divide the
State into regions now, or the constitution
itself creates the regions, these provisions
are unnecessary, and indeed might restrict
the General Assembly in establishing re-
gional governments later on if it wished
to do so.
Section 7.03 provides for the structure
of county government. The first sentence,
"Each county shall have a written instru-
ment of government which establishes the
structure of its government," requires home
rule for all counties. We use the term "in-
strument of government" deliberately. It
includes the term "charter", but charter
has in certain areas of the State acquired
a rather limited meaning, an instrument
of government prepared by a county charter
buard and only that. To many people it
means a form of government requiring a
separate executive and county governing
council. Actually this form is not required
under the county home rule amendment,
Article XI-A of the existing Constitution,
but people believe it is.
Moreover, "charter" is a term charged
with emotion in parts of the State. There
are violent anti-charterites and pro-char-
terites. "Instrument of government" tends
to permit continuation of a combined execu-
tive-legislative form of government in
smaller counties if the people want it. Al-
ways, however, an "instrument of govern-
ment" mus be adopted.
In order to make clear to the layman
that we intend a broader meaning than the
word "charter" may be construed and to
remove arguments between pro-charterites
and anti-charterites in debates on the rati-
fication of the new constitution, we adopted
the term "instrument of government."
The second sentence provides, "Within
one year following the adoption of this
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Constitution the General Assembly shall
provide by public general law a choice of
procedures by which an instrument of gov-
ernment in a county may be proposed."
Article XI-A of the present Constitution
contains elaborate provisions for formation
of home rule governments for counties. We
believe such detail should not be included
in the new constitution, The second sen-
tence, requiring the General Assembly to
provide a choice of procedures by which
counties may adopt an instrument of gov-
ernment clearly directs the General Assem-
bly to provide more than one procedure, so
that the county can select among two or
more.
Let me make clear that in view of the
discussion which lasted a good part of the
morning that there is some difference here.
What we are saying is that the General
Assembly shall act. We do not mean "may",
we mean "shall'.
Along with this, we are probably going
to recommend adoption of interim provi-
sions which would continue Article XI-A
of the Constitution and also Article 25-A
of the code, so that there will be something
under which the counties can act.
I want to make it clear that this is not
a self-executing proposal, but that we de-
pend on the General Assembly to act. We
are not fearful of the problem that a court
could not make them act, because obviously
they will act in this area.
The third sentence clarifies that under
any alternative permitted by the General
Assembly the governmental instrument
cannot become effective until it is approved
by the affirmative vote of the majority of
the voters in the county voting on the ques-
tion of whether to adopt or to reject it.
The fourth sentence is intended to assure
that an instrument of government provided
by the General Assembly will be available
and automatically will become effective be-
fore Juy 1, 1972, for each county which
has not both prepared and adopted its own
instrument of government. The section
does not require a referendum to adopt that
instrument but under Section 7.04, which
I will get to in a moment, the voters of a
county will be able to initiate amendments
to it. This is similar to the procedure fol-
lowed with respect to mandatory municipal
home rule and I believe Article 23 (B) of
the laws of Maryland does have a sample
charter for municipalities.
The date recommended for the deadline,
July 1, 1972, coincides with the start of
each county's fiscal year.
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