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choice of procedures by which an instru-
ment of government of a county may be
proposed.
This means procedures and the General
Assembly can put such limits as it wants on
them. This is a choice which the counties
themselves then pick up in selecting their
charters.
There is an entirely different matter pro-
vided two sentences down. The General As-
sembly shall provide by law an instrument
of government which shall become effective
on July 1, 1972 for those counties which
have not previously adopted an instrument
of government as provided in this section.
That is something different, that means
one instrument which automatically be-
comes effective for a county that has not
completed the procedures.
THE CHAIRMAN: Delegate Sickles.
DELEGATE SICKLES: Would it be
proper five or ten years from now for the
General Assembly by general statewide law
to establish a principle that every county
must give 30 days' public notice before it
adopts its budget, and then only have a
public hearing?
DELEGATE MOSER: Yes.
Delegate Scanlan.
DELEGATE SCANLAN: I have a ques-
tion with reference to section 7.07. In the
last line of that section dealing with the
way municipal charters may be withdrawn,
you permit it to be done with the concept
of governing body and municipal corpora-
tion affected, or except that the General
Assembly may provide by public law. Two
questions.
Do I understand correctly that, under
present law, since municipal corporations
are chartered by the General Assembly, an
individual charter could be withdrawn by
a special law of the General Assembly;
secondly, under your provision this could
only be done by a general public law? If
that is true in this respect, your Commit-
tee recommends greater protection to mu-
nicipalities having their charters with-
drawn by an act of the General Assembly
than they enjoy under the present Consti-
tution.
DELEGATE MOSER: I was looking
for the provision of the present Constitu-
tion. I think it is the same because it is
pretty clear under Article XI (E). I would
like to check it, however, if I may, to be
completely correct, that the General As-
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sembly may only act with respect to exist-
ing municipalities by public general law.
It is defined differently, but basically it is
the same under the existing Constitution
as what we provide here.
I do not believe that the General As-
sembly could repeal a charter under the
present provision.
THE CHAIRMAN: Delegate Raley.
DELEGATE RALEY: Mr. Chairman,
Chairman Moser, going back to 7.03, there
is some misunderstanding at least on my
part, about the choice of procedures. It
says that the General Assembly shall pro-
vide by public general law a choice of pro-
cedures. As I understand choice of proce-
dures, it is not a type of government they
are going to have, but how they are going
to get that type of government. That
means, are they going to do it by study
committee, or are they going to set it up
by the commissioners? Once the General
Assembly has established choice of pro-
cedures, then the procedures it has estab-
lished will be followed and an instrument
of government will be created. Then, after
it is created it will be submitted to the
people for a referendum. If they approve
it, it is the government in effect. If nothing
is done, then and then only, will the Gen-
eral Assembly set up the government for
the local subdivision.
Is that correct?
DELEGATE MOSER: Yes, virtually
everything you have said. I am checking.
I think you put too limited a construction
on the word "procedures". I think pro-
cedures could be more broadly construed.
THE CHAIRMAN: Delegate Raley.
DELEGATE RALEY: Mr. Chairman,
Chairman Moser, I followed the draft sec-
tion on structure of county governments
which said, "within one year following
adoption of this Constitution, the General
Assembly shall provide by law alternate
procedures by which an instrument of gov-
ernment of a county may be proposed."
Then the draft goes on to list procedures.
I was following that when I referred to
the procedures. I just did not want any
misunderstanding.
DELEGATE MOSER: I have to answer
that specifically with respect to the Com-
mittee's intention. I think the Committee's
intention was precisely as you stated it.
If I have indicated something to the con-
trary in answer to Delegate Sickles' ques-
tion, I stand corrected.
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