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THE CHAIRMAN: Delegate Byrnes.
DELEGATE BYRNES: One final ques-
tion: Directing your attention to section
7.01 and this new beast called "civil unit";
as I understand it, incorporated munici-
pality is simply a limited purpose, small
local government, and civil unit is the same
thing.
As I understand 7.08, both the new mu-
nicipality and new civil unit are totally
subservient to the county.
My question is what is the rationale and
necessity of a new type of local govern-
ment, keeping in mind the fact that there
is some reluctance on the part of many to
add to this proliferation of small local gov-
ernments.
DELEGATE MOSER: I think the ques-
tion you ask points up something rather
important. Your premise is not correct.
The General Assembly can given addi-
tional powers to new municipalities as well
as to old. This means, for instance, it can
make sure if a municipality is created by
a county it will not be an odd beast, limited
in what it can do.
The legislature could, for instance, say
that if the county creates a new munici-
pality, it has to have home rule. I would
expect the legislature to set the same pro-
cedures for both. That is not true of a civil
unit. A civil unit, as we envision it, is some-
thing totally dominated by the county, un-
der the county, a creature of the county
entirely. It is a convenient way for the
county to provide a focal point where there
is population concentration, to provide such
services as sewer and water in that area.
Some of the less developed counties are
going to need this kind of thing. If handled
properly by the county, it could also pro-
vide a forum, for local residents to express
themselves.
THE CHAIRMAN: Apparently there are
more questions I do not want to ask the
Committee of the Whole to rise and go
through the procedure of having a quorum
call again.
In the absence of objection I will take it
upon myself to suggest that all questions
abate for the next five or ten minutes, until
the quorum bell sounds in order to give
Mr. Moser an opportunity to sit and every-
body else an opportunity to stand.
Please do not go far away. It will be
very brief. We will simply sound the bell.
(Whereupon, a short recess was taken.)
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THE CHAIRMAN: Will the Committee
please come to order? Will the delegates
please take their seats? Delegate Carson,
do you have a question?
DELEGATE CARSON: Yes, I have two
or three questions of Chairman Moser in
relation to the municipal corporations and
civil units, discussed in sections 7.07 to
7.09. I think, however, they all relate solely
to section 7.07.
Chairman Moser, if I understand cor-
rectly, 7.07 deals with dissolution, merger,
withdrawal of existing powers of munici-
palities or boundary changes, is that
correct?
DELEGATE MOSER: Yes. Incidentally,
I might observe that I guess a number of
these questions will require a yes or no an-
swer, will they not?
DELEGATE CARSON: If I can phrase
them correctly, they will. If I understand
further, there are two ways in which these
various things can be accomplished. One
is by such law as the General Assembly
shall provide, and the other is by agree-
ment of the municipalities or counties in-
volved; is that correct?
DELEGATE MOSER: Yes, that is cor-
rect, but it is subject to this proviso, that
the General Assembly could limit the agree-
ment of the county and municipality in
7.08. That is, if there were something the
General Assembly was not happy about,
in the agreement, the General Assembly
could provide something else by general
law.
THE CHAIRMAN: Delegate Carson.
DELEGATE CARSON: If I understand
Mr. Moser, the General Assembly by the
laws that it provides may possibly include
a requirement for county consent, but may
also provide that no county consent would
be mandatory.
DELEGATE MOSER: Yes, I suppose
that is a fair reasoning of this section.
The intention, however, is to have the Gen-
eral Assembly provide for county and mu-
nicipal corporation agreement at the first
level.
THE CHAIRMAN: Delegate Carson.
DELEGATE CARSON: Chairman Mo-
ser, you say that, but as the section is
written I interpret it to mean that if the
General Assembly says, for example, that
Article 23-A as now existing is to be re-
established as law, Article 23-A in its to-
tality could be law again.
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