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This provision is intended to make clear
that county governments, municipalities,
state government or any government in
Maryland can agree among themselves, or
with governments outside the State with
respect to any functions or powers that
they have, for the joint performance of
their activities.
I emphasize, however, that this is sub-
ject to the provision on line 6 in the Com-
mittee recommendation, page 34, of the
Committee Recommendation, "except as
limited by law." This means that the Gen-
eral Assembly may limit it, county govern-
ment may limit it, as may any govern-
mental body. It clearly keeps the right to
agree within control.
The words which we use here "may co-
operate or agree" allow for voluntary as
well as contractual intergovernmental ac-
tivities that are jointly agreed upon, and
as I mentioned before, are within the
powers of the particular unit of govern-
ment.
The State may pass by law limitations on
intergovernmental cooperation and agree-
ments that would be applicable to all gov-
ernmental units within the State.
You undoubtedly know the trend in
Maryland toward intergovernmental coop-
erative agreements because of our prox-
imity to Pennslyvania, West Virginia, Vir-
ginia, and so on. For example, some air-
ports in West Virginia are used by some
of the Western Maryland units. There are
combined arrangements for water and
sewer services in Western Maryland. In a
very healthy fashion these arrangements
transcend state lines; they are purely co-
operative established by agreement of the
governmental units involved.
This is important, of course, in the Wash-
ington area. For instance, Montgomery
County, Prince George's County, the Dis-
trict of Columbia and Virginia, have
pledged substantial funds for establishing
joint mass transit facilities. The area has
a council of governments. If this council of
governments wanted to undertake some
particular endeavor on a joint basis, the
provision is designed to make clear that it
could be done.
I want to thank all of you for your pa-
tience as I have gone through this article.
I will try to answer any questions.
THE CHAIRMAN: Are there any ques-
tions of the Committee Chairman for pur-
poses of clarification? Delegate J. Hodge
Smith.
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DELEGATE J. H. SMITH: Montgomery
County has a dispensary system which I
believe is unique in the State. Would you
please explain to me what legislative pro-
cedures both at the state level or county
level will be necessary to continue such a
system?
DELEGATE MOSER: I believe that
may be provided for in Article 2-B of the
Code as it now stands. It would be pre-
served undoubtedly under the interim pro-
visions we adopt. That is a short answer
to it.
It could continue under this arrangement
in 7.06, the second sentence, which provides
for local option.
Are there any other questions?
DELEGATE ADKINS: Questions on
the entire article are in order?
THE CHAIRMAN: Yes.
DELEGATE ADKINS: I direct a ques-
tion to the Chairman in connection with
section 7.07. When you use the terms "have
their existing powers withdrawn", first,
does that include the existing power to
amend, and secondly, would it include exist-
ing powers to amend in order to include a
power which they might presently be per-
mitted to have under Article XI (E), or
are they limited only to those powers which
are expressed in their current charters?
DELEGATE MOSER: The answer to
both questions is unequivocally, yes. It is
intended by this provision that municipal
corporations will continue with full home
rule powers. This means specifically in an-
swer to Delegate Adkins' question that
they will have the power to amend their
charters which is now contained in, I be-
lieve, Article XI (E) section 4, of the Con-
stitution. It also means they can increase
powers within whatever legislation the
legislature from time to time puts in effect
with respect to this. It is section 3 of Arti-
cle II (A) which reads "any such municipal
corporation now existing or hereafter cre-
ated shall have the power and authority,
(a) to amend or repeal an existing charter
or local laws relating to the incorporation,
organization, government, or affairs of said
municipal corporation heretofore enacted
by the General Assembly of Maryland and,
(b) to adopt a new charter and to amend
or repeal any charter adopted under the
provisions of this Article."
It is the intention of the Committee to
continue that provision, as well as most of
the other provisions of Maryland Code
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