|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
1573
|
|
|
|
HARRY HUGHES, Governor
|
|
|
|
|
|
|
|
|
|
|
ITEMS; AND PROMULGATE ANY RULE OR REGULATION NECESSARY TO
IMPLEMENT THESE POWERS; AND
(21) SUPPLANT OR LIMIT FREE IN ADDITION TO THE POWERS
ENUMERATED IN THIS TITLE, DISPLACE OR LIMIT ECONOMIC COMPETITION
IN THE EXERCISE OF ANY POWER SPECIFIED IN THIS TITLE; PROVIDED
THAT THE POWERS GRANTED TO A DISTRICT PURSUANT TO THIS PARAGRAPH
SHALL NOT BE CONSTRUED:
(I) TO GRANT TO THE DISTRICT POWERS IN ANY
SUBSTANTIVE AREA NOT OTHERWISE GRANTED TO THE DISTRICT BY OTHER
PUBLIC GENERAL OR PUBLIC LOCAL LAW;
(II) TO RESTRICT THE DISTRICT FROM EXERCISING
ANY POWER GRANTED TO THE DISTRICT BY OTHER PUBLIC GENERAL OR
PUBLIC LOCAL LAW OR OTHERWISE; NOR
(III) TO AUTHORIZE THE DISTRICT OR ITS OFFICERS
TO ENGAGE IN ANY ACTIVITY WHICH IS BEYOND THEIR POWER UNDER OTHER
PUBLIC GENERAL LAW, PUBLIC LOCAL LAW, OR OTHERWISE . ; OR
(IV) TO PREEMPT OR SUPERSEDE THE REGULATORY
AUTHORITY OF ANY STATE DEPARTMENT OR AGENCY UNDER ANY PUBLIC
GENERAL LAW.
|
|
|
|
|
|
|
|
SECTION 2. AND BE IT FURTHER ENACTED, That it is not the
purpose or intent of the General Assembly to create any
presumption regarding any activities of local governments or
special districts and authorities not addressed in this
legislation. This legislation shall not be construed or
interpreted to mean that it is the public policy of this State
that such other activities of local government and special
districts and authorities not included in this legislation may
not be exercised in a manner which would displace or limit
economic competition.
|
|
|
|
|
|
|
|
SECTION 2 3. AND BE IT FURTHER ENACTED, That if any
provision of this Act or the application thereof to any person or
circumstance is held invalid for any reason, the invalidity shall
not affect the other provisions or any other application of this
Act which can be given effect without the invalid provisions or
application, and to this end all the provisions of this Act are
declared to be severable.
|
|
|
|
|
|
|
|
SECTION 3 4. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1983.
Approved May 24, 1983.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|