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Assembly already has this power, second,
we are providing for stronger county gov-
ernments, third through enumeration it
can be excluded and last because this sec-
tion is more restrictive on the General As-
sembly, I would like to see the section de-
leted.
THE CHAIRMAN: Delegate Moser.
DELEGATE MOSER: I rise, Mr. Chair-
man, and ladies and gentlemen, in rather
brief opposition. I think that we have all
had ample discussion of section 7.10. I
think we all realize what it does, and in
fact, I have already pointed out, I think,
that this permissive referendum might
very well not be available to people unless
it is provided for specifically. I, therefore,
respectfully suggest that this amendment
be voted down.
THE CHAIRMAN: Does any other dele-
gate desire to speak in favor? Does any
delegate desire to speak against?
Are you ready for the question? The
question arises on the adoption of Amend-
ment No. 5. A vote Aye is a vote in favor
of the adoption of the amendment, a vote
No a vote against. Cast your vote.
Has every delegate voted? Does any dele-
gate desire to change his vote.
The clerk will record the vote.
There being 11 votes in the affirmative
and 96 in the negative, the motion is lost.
The amendment fails.
The Chair understands there are no fur-
ther amendments to section 7.05. Are there
any further amendments to section 7.06?
(There was no response.)
THE CHAIRMAN: The Chair hears
none.
We will now proceed to a consideration
of sections 7.07, 7.08, 7.09. Under the de-
bate schedule they are to be considered
together. The Chair understands Delegate
James has an amendment.
Please number the amendment Amend-
ment No. 8.
The clerk will read the amendment.
READING CLERK: Amendment No. 8
to Committee Recommendation LG-1, by
Delegate James: Strike out sections 7.07,
7.08, and 7.09 and insert in lieu thereof
the following:
"Section 7.07 Municipal Corporations
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The General Assembly shall provide by
general law for the government of mu-
nicipal corporations, including the incorpo-
ration, merger, dissolution, and alteration
of boundaries thereof; and it shall permit
each municipal corporation to frame and
adopt a charter, with amendment proce-
dures, for its own self-government within
the limits and by procedures defined by the
general law. Municipal corporations exist-
ing on the effective date of this Constitu-
tion shall retain their charter and other
legal powers until changed pursuant to the
provisions of this section."
THE CHAIRMAN: Is the amendment
seconded?
(Whereupon, the amendment was duly
seconded.)
THE CHAIRMAN: The amendment is
seconded. The Chair recognizes Delegate
James to speak to the amendment.
DELEGATE JAMES: Mr. Chairman,
members of the Committee of the Whole,
first I would like to say that I appreciate
the work of the Committee and the diffi-
culties they had in ironing out the three
sections involved for municipal corpora-
tions, and that I am willing to support
those sections as a second choice. However,
I think that the sections are unnecessarily
complicated.
Section 7.07 simply provides that exist-
ing municipal corporations, or rather mu-
nicipal corporations existing at the effec-
tive date of this article, shall not be dis-
solved, merged or have their existing
powers withdrawn nor their boundaries
changed without the consent of the govern-
ing bodies of the county and municipal
corporations affected, or except as the Gen-
eral Assembly may provide by general pub-
lic law.
This really boils down in the final anal-
ysis to saying that the General Assembly
by general law is going to handle these
matters, and there is simply no other in-
terpretation.
Similarly, you have in section 7.07, al-
though there is a lot of language there,
such procedures and standards as the Gen-
eral Assembly may provide by general pub-
lic law. Here again the General Assembly
seems to be in complete control of the situa-
tion, although this section does acknowledge
that the counties, may provide by law for
the creation of new municipal corporations.
I see no necessity for vesting that power
in the counties.
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