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DELEGATE MOSER: I think that is
true.
DELEGATE CARSON: If that is so,
then the area in which the county and the
municipality may accomplish these things
by agreement is limited to the area not
preempted by the General Assembly's law,
is that correct?
DELEGATE MOSER: This would be
true, but the purpose of wording this as
very carefully as it is worded — I know
you know this because you helped draft it
— is to encourage this business of getting
rid of the problem at the local level. We
are very hopeful the General Assembly
will set up a procedure which will embody
exactly that in the first instance and would
only enter the field if there is an inability
to take care of the particular situation, and
only then by public general law.
THE CHAIRMAN: Delegate Carson.
DELEGATE CARSON: If I understand
that, Chairman Moser, you are saying that
the Committee believed it was desirable to
do things on the local level. Notwithstand-
ing the Committee's belief as to that, the
General Assembly can handle them any
way it desires and may or may not require
county assent to these proceedings?
DELEGATE MOSER: Correct.
THE CHAIRMAN: Any further ques-
tions? Delegate Gill.
DELEGATE GILL: I am very concerned
about the matter we had yesterday about
consent to referendum and right of the
people. In section 7.02 where the bounda-
ries might be changed, you state there
shall be a referendum.
In 7.07, where the boundaries might be
changed again, you say this cannot result
without the consent of the municipal cor-
poration and so on.
In 7.10 where the boundaries might be
changed, you say that there may be a
referendum.
Do you anticipate that the boundaries
might cause redistricting of any of those
areas involved, and to that extent, how
would the article which we voted on yes-
terday apply to these?
DELEGATE MOSER: They will not af-
fect this matter at all.
DELEGATE GILL: Will you explain
that a little more, please?
DELEGATE MOSER: You relate this to
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the redistricting issue which is something
that, as I understand it, under the Suffrage
and Elections provision, was made non-
referable. This is a matter of county
boundaries.
Another point is this, neither the Com-
mittee on Suffrage and Elections nor our-
selves intend that their provision relate to
this in any way; nor do we intend that
this relate back to their provision in any
way.
What you are referring to are two
rather different things, 7.02 indicates man-
datory referendum on a county-by-county
basis for certain things. But a county-by-
county basis is entirely different from 7.07,
which relates to municipal boundaries, and
just municipal or county boundaries where
the municipality touches the county. If it is
provided for by law of the municipal cor-
poration, this is to be governed by the mu-
nicipal charter. I understand that most of
the municipal charters have referenda pro-
visions, but they vary widely.
There are 150 municipalities. I do not
know what is. in every charter; but ordi-
narily if a municipality acted by law or as
the charter provided, this kind of thing
would be subject to referendum there.
Similarly, the charter counties, as I said,
do have referenda provisions in their char-
ters. A law might also be subject to a
county referendum. It would depend on the
instrument of government of the county
and the charter of the municipality, but is
has no relationship to this other section
we approved yesterday as a part of the
suffrage and election article.
THE CHAIRMAN: Delegate Pullen.
DELEGATE PULLEN: Delegate Moser,
my questions are rather simple. They are
following up the questions asked by Mr.
Case and Mrs. Mitchell. I am not con-
cerned particularly with the procedures
and all those methods that you use for
accomplishing it, but my question pertains
to section 7.10. Does that section provide
primarily for merger of certain counties
or sections of certain counties? Specifically,
does this mean that St. Charles and St.
Mary's Counties could come together by
way of mechanical arrangements you set
up? Is that the intent? A change in geog-
raphy if you please?
DELEGATE MOSER: Absolutely not.
DELEGATE PULLEN: Then does it
mean the establishment of a dual system of
government, a parallel system of govern-
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