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man, I should like to ask the intent of the
Committee with respect to section 7.09 and
its possible limitations. This section I
should presume applies either to existing
municipalities or municipalities that may be
created in the future, and says either the
General Assembly or the county may grant
power to those municipalities without any
limits whatever, while 7.08 discusses grant
of powers which the county has with re-
spect to new ones.
Is this removal of limitation intended?
DELEGATE MOSER: I am not with
you on there being a limitation in 7.08 and
no limitation in 7.09.
THE CHAIRMAN: Delegate Burdette.
DELEGATE BURDETTE: In 7.08, line
15 and 16, "The county may by law grant
to and withdraw from the municipalities
any and all powers of the counties."
DELEGATE BURDETTE: But in 7.09
lines 24 and 25, either the General Assem-
bly or the county by law may grant addi-
tional powers to municipal corporations
without any limit on those municipal corpo-
rations.
I would say that that would give a county
governing body power from the people to
grant to the municipal corporations almost
anything it pleased, and further the Gen-
eral Assembly could not withdraw it be-
cause it specifies "the granting authority
may withdraw such power."
DELEGATE MOSER: I think it is im-
plicit that the county cannot grant any
power it does not have. I think this is fairly
obvious, or at least it seemed that way to
us. It is intended to mean that they can
grant to municipal corporations only those
additional powers which the county itself
has.
THE CHAIRMAN: Delegate Burdette.
DELEGATE BURDETTE: Would you
interpret that to mean that if the General
Assembly took away from the county this
particular type of power, it would also
automatically take it away from municipali-
ties? Apparently there is no way that the
General Assembly could take a power away
from municipalities unless it takes the
power away from counties by interpreta-
tion.
DELEGATE MOSER: It could legis-
late by public general law withdrawal of
this power. To structure it precisely, one
can say the General Assembly is supreme.
When it withdraws a power or function
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from counties the power or function would
also be withdrawn from the municipality
to which the county had granted it.
THE CHAIRMAN: Delegate Hanson, do
you have a question?
DELEGATE HANSON: I have a series
of questions, that I hope may clarify a few
points for myself and perhaps for others.
In answer, Chairman Moser, to a ques-
tion by Delegate Marion concerning section
7.03 where the term "by law" is used re-
garding the power of the General Assembly
to provide by law for instruments of gov-
ernment for those counties not adopting
their own by 1972, you seem to say that
the section meant that the General Assem-
bly would provide one instrument for use
by all counties.
It seems to me there may be some con-
fusion between your response to that ques-
tion, the way the section reads, and page
16 of your committee memorandum, lines
5 through 8, which seem to suggest that
this language means the General Assembly
must provide optional forms for adoption
by the counties.
Do you mean the General Assembly must
provide only one form, or that the General
Assembly may provide options from which
the counties may select?
DELEGATE MOSER: It may be there
is confusion between two sentences. The
second sentence of 7.03 requires a choice of
procedures. This choice has to be the same
for all counties, but there must be a choice.
The next sentence is intended to mean that
there would be one instrument of govern-
ment, just one, as I answered it before.
If it would be clearer with the insertion
of the words "public general law" they may
be added. But it really is not quite a pub-
lic general law; it is a law which sets forth
a single charter. If you look at Code Arti-
cle 23 (B), you can see how we intend it
to be done.
DELEGATE HANSON: I am bothered
by the way I read the section on its face,
if it may be construed to mean that the
General Assembly may legislate individu-
ally for each county not having adopted a
charter; I gather from your response that
this is incorrect?
DELEGATE MOSER: That is correct.
It is incorrect.
THE CHAIRMAN: Delegate Hanson.
DELEGATE HANSON: I want to be
sure that I am clear that you mean that
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