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voted in the Committee for the powers of
municipalities, I was as strong as any, and
I think this compromise strikes the right
balance. I intend to vote in favor of the
Committee recommendation, and reluctantly
against that of my good friend, Senator
James.
THE CHAIRMAN: Is there any further
discussion?
Are you ready for the question?
The question arises on the adoption of
Amendment No. 8 to Committee Recom-
mendation LG-1. A vote Aye is a vote in
favor of the amendment. A vote No is a
vote against. Cast your votes.
Has every delegate voted?
(There was no response.)
Does any delegate desire to change his
vote?
(There was no response.)
The Clerk will record the vote.
There being 15 votes in the affirmative
and 105 in the negative, the motion is re-
jected. The amendment fails.
Although the hour for luncheon recess
has arrived, the Clerk has advised me that
he is not aware of any other amendments.
If there are no other amendments and we
can conclude consideration of this article
in a few minutes, I would like to do so.
Therefore, I will ask whether there are any
other amendments to sections 7.07, 7.08, or
7.09.
(There was no response.)
THE CHAIRMAN: Any amendments to
section 7.11?
DELEGATE CASE: I have an amend-
ment.
THE CHAIRMAN: Delegate Case.
DELEGATE CASE: Mr. Chairman, I
have an amendment to offer.
THE CHAIRMAN: This will be amend-
ment 10. The Clerk will read the amend-
ment.
READING CLERK: Amendment No. 10
to Committee Recommendation LG-1, by
Delegate Case: On page 5, Section 7.11,
Financing of Intergovernmental Authori-
ties line 8 after the word "taxes" add the
following: "unless the intergovernmental
authority is governed by the elected repre-
sentatives of the people."
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THE CHAIRMAN: Is the amendment
seconded?
(The amendment was duly seconded.)
THE CHAIRMAN: The amendment
having been seconded, the Chair recognizes
Delegate Case to speak to the amendment.
DELEGATE CASE: Mr. Chairman,
Ladies and Gentlemen of the Committee of
the Whole:
This is an amendment which I think will
come as a surprise to Delegate Clagett, be-
cause it expands the power of taxation in
certain defined and limited circumstances.
You will recall yesterday that I sug-
gested an example to the Chairman of the
Committee in which a county had created
a civil unit to operate within its bound-
aries, but not to include any other govern-
mental unit.
I further assume that this civil unit
would be governed by a popularly elected
representative government. We have estab-
lished upon those assumptions that under
section 7.08, the county would have the
power to delegate to that civil unit the
power to tax.
However, when we went to section 7.11,
we found that quite a different situation
obtained where the county had created an
intergovernmental authority. The only dif-
ference between an intergovernmental au-
thority and a civil unit in the situation we
posed, would have been that the intergov-
ernmental authority would have contained
two governments, namely, part of the
county and the municipality.
In that situation, even though the inter-
governmental authority might have been
governed by elected representatives of the
people, it would not have had the power to
tax.
This is an anomalous situation, because
in the one case, where the power to tax is
probably not needed, it is granted; and in
the other, where it is, it is withheld.
My amendment would seek to make both
of these units of government conform with
respect to their powers.
If a civil unit, or an intergovernmental
authority is ruled or governed by the
elected representatives of the people, it
seems to me that each should have the
power to tax or the power should be in
the Constitution to delegate it. As it now
stands, the civil unit can receive the power,
the intergovernmental authority cannot.
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