|
I think this is a matter of some misun-
derstanding, and I, therefore, want to em-
phasize that the Committee Recommenda-
tion retains for existing municipalities, not
only their existing charter powers, but also
those powers authorized by law. Existing
municipal corporations are permitted by
law to amend their charters. The intention
of this provision is to continue to permit
them to do that, subject, however, to con-
trol by the General Assembly.
Section 7.08 affirms that the county shall
have the right to create new municipal
corporations and civil units as defined in
section 7.01. The need for a grass roots
local organization, whether incorporated or
unincorporated, has been recognized by
this provision for civil units. It would allow
a governmental forum fora direct citizen
participation and solution of problems of
less than countywide concern. However,
the General Assembly is authorized to set
up procedures and standards if desirable
to provide a degree of statewide uniformity
for civil units and also for new municipal
corporations.
Any new municipal corporation created
by the county may have its structure and
powers determined by the county. I have
already mentioned that the General Assem-
bly may by general law enter into the field
and establish standards and procedures for
this.
Section 7.09 makes clear that the coun-
ties can delegate to and withdraw from
municipalities within their boundaries such
additional powers as it wants and that the
General Assembly also could do this.
Let me speak a little more about civil
units, if I may. As you all are aware, no
new municipalities have been formed in
this State since 1954, at which time the
legislature gave each county a veto over
creation of new municipalities within the
county. It is not likely that counties will
create new municipalities in the future.
They may, but probably will not because it
creates a competing power structure within
the county.
Yes, testimony before the Committee indi-
cated an inability to provide services in
certain areas of some counties where popu-
lation concentrations exist. In just a few
years, a number of counties will have
600,000 or more people. Therefore, the
larger counties need to form civil units to
provide county services to these areas of
concentration. They can also provide, as I
mentioned, a forum for participation by
citizens. These can be little city halls where
|
citizens can be heard, and know someone is
listening to them.
The local government article is short.
Although new, the civil unit concept is
clearly defined. We strongly urge that this
provision be adopted.
Let us turn to section 7.11. This section
is intended to limit the amount of authority
which can be granted or delegated to inter-
governmental authorities to finance their
activities. Its purpose is not just to clarify
the limitations on the power of authorities
to tax for the purposes of the local gov-
ernment article. I mentioned that because
the Committee on State Finance and Taxa-
tion is recommending a section in the gen-
eral provisions article, providing that only
popularly elected representative govern-
ment will have power to tax.
Section 7.11 also makes crystal clear that
authorities may collect taxes which have
been imposed by another government and
may impose service and benefit charges.
This is essential if operations such as the
Maryland Port Authority and Washington
Suburban Sanitary Commission are to con-
tinue.
Section 7.12 relates to credit limitations
on all local governments. It is intended to
have the same meaning as the Commission
draft section 7.13, but we organized it ac-
cording to the latest information we had
from the Committee on Finance and Taxa-
tion to coincide with a similar provision re-
lating to a limitation on state credit. This
is, I think, recommended section 6.02, in
SF-(3).
A gift of assets requires a unit to pro-
vide currently the money or other assets to
be transferred, and for this reason there
is no extaordinary vote of the governing
body is required.
On the other hand, a gift of credit or
loan of credit or loan of assets, unlike an
immediate gift of assets, may involve a
continuing liability of the unit for the
credit extended or the asset lent. Accord-
ingly, we agree that local governments
should be required to provide for these ac-
tions by a 3/5 majority of their governing
boards, just exactly as the State is re-
quired to do. We make it clear, however,
that the General Assembly may impose
additional credit limitations on units of
local government. This is clearly permitted
by this provision.
The last provision is section 8.06, Inter-
governmental Cooperation and Agreements.
|
