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The expression "governing bodies" is
used several times throughout this Ar-
ticle. Tell us what is meant by "govern-
ing body".
DELEGATE MOSER: "Governing body"
is in essence the legislative body of the unit
involved if it has one. If it is an authority,
it would not have a legislative body, it
would simply have a board. That is why
"governing body" is used and not "legisla-
ture" or "council" or something like that.
THE CHAIRMAN: In section 7.03,
lines 39 and following, there is a statement
referring to a charter adopted by any
county prior to July 1, 1972. Is is intended
to include a charter adopted prior to the
adoption of the new Constitution?
DELEGATE MOSER: Absolutely, yes.
Any charter.
THE CHAIRMAN: Section 7.04 on page
3 in lines 6 to the end, reads in two clauses
or the last two words of 6, "or by such
additional means as may be provided in
the instrument of government or by the
General Assembly by public general law".
Is that intended to mean by such addi-
tional means as may be provided by the
instrument of government and by such ad-
ditional means as may be provided by the
General Assembly.
DELEGATE MOSER: Yes.
THE CHAIRMAN: In 7.06, the last two
sentences, beginning in line 40, would it be
correct to say that the last sentence, begin-
ning in line 45, is not intended as a limita-
tion on the next to the last sentence, begin-
ning in line 40, but that the converse is
intended?
DELEGATE MOSER: That is a difficult
one. It uses the term exempt in the pres-
ently accepted way. It is supposed to limit,
to prevent an exemption absolutely.
The language in the second sentence, be-
ginning at 40 and going down to 44, is a
different thing than an exemption. It is in
effect local option.
THE CHAIRMAN: Is it intended to
mean the same as if it had been phrased,
for instance, "no county shall be exempt
from a public general law; the General
Assembly may, nevertheless", and so forth?
DELEGATE MOSER: Yes, so long as
one keeps in mind, Mr. Chairman, the fact
that this is not intended to be an exemp-
tion and no county is to be exempt from
a law.
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THE CHAIRMAN: In section 7.10 Dele-
gate Case asked some questions. I was un-
clear as to part of your answer; lines 34,
35, 36 refer to establishment, powers,
change, merger, dissolution and alteration
of boundaries. The last sentence, beginning
in line 42, says, "The General Assembly
may provide referendum for any law es-
tablishing a popularly elected representa-
tive government, or affecting its powers."
It does not encompass the other things
mentioned in 34 and 36.
I thought at one point you said that was
deliberate, but at another point I thought
you said the opposite.
DELEGATE MOSER: I said the oppo-
site. I would like to take another look at
this, if I may, Mr. Chairman. I said it
encompassed boundaries, also. I think the
answer is it would affect boundaries when
it is established because part of this would
be —
THE CHAIRMAN: Other than estab-
lish. Suppose it had already been estab-
lished and all you had was a change in
boundary of an already established re-
gional government, or popularly elected,
representative regional government?
DELEGATE MOSER: Then it would
not be covered.
THE CHAIRMAN: It would not be
subject to the referendum?
DELEGATE MOSER: No, it would not
be.
THE CHAIRMAN: I have no other
questions. Delegate Miller.
DELEGATE B. MILLER: In that case,
the first sentence which says, "The General
Assembly may provide by law — " could
mean that "the General Assembly may pro-
vide by law and may provide for referen-
dum for the establishment of", that is not
grammatically correct, but is that the
meaning you wish in the first sentence?
THE CHAIRMAN: I am not sure I un-
derstand the question. Would you repeat it?
DELEGATE B. MILLER: The first sen-
tence now reads, "The General Assembly
may provide by law . . ." The second sen-
tence, as you stated, reads, "The General
Assembly may provide referenda for any
law" — but the law is different, the law
in the second sentence, than in the first.
Did you wish the power of referenda to
apply to all these words in the first
sentence?
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