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Section 7.10 is different. It allows the
General Assembly to do pretty much what
it can do now, plus one thing. It is doubt-
ful if the General Assembly established a
popularly elected representative regional
government, whether it could submit the
question to referendum in the area that is
affected.
In other words, to give an example, if it
said there would be a regional government,
in Montgomery County and Prince George's
County let us assume that is was multi-
functional regional government, sewer,
water, transit, everything — there is some
question under the present law as to
whether the General Assembly could refer
that kind of law, even if they wanted to,
to a county-by-county or other kind of ref-
erendum. I think section 7.10 makes clear
that they could now.
The General Assembly has the choice in
this respect, because there might be simply
a question of the creation of a popularly
elected transit authority for the two coun-
ties I just mentioned or the Baltimore MTA,
with which you are familiar. The law
might provide that its board shall be three
people who are elected for that purpose.
It would seem to me in a case like that
that the General Assembly should not be
forced to submit the law referendum in the
area affected.
With these examples, it might be a little
clearer; I know it was a little confused
when we started on this
THE CHAIRMAN: Delegate Mitchell.
DELEGATE MITCHELL: For example,
does this article contemplate the erasing
of the boundary lines of Baltimore City and
the merging of it with Anne Arundel and
Baltimore County if the voters so decide?
DELEGATE MOSER: I suppose any-
thing is possible. You have to go through
a number of things to get there. You have
to have a law of the General Assembly,
subject to statewide referendum; then a
county-by-county referendum. It is not
much different from the situation that
exists now, in fact, other than that it is
more stringent.
THE CHAIRMAN: Delegate Mitchell.
DELEGATE MITCHELL: In other
words, Baltimore City can keep its political
entity with its elected officials?
DELEGATE MOSER: Yes.
DELEGATE MITCHELL: Anne Arundel
County can keep its, Baltimore County can
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keep its, and they might all vote for a re-
gional government to take care of certain
tri-county functions as you have suggested,
water, sewage and the like? Is that it?
DELEGATE MOSER: I suppose this
would be an accurate summary, yes.
THE CHAIRMAN: Delegate James.
DELEGATE JAMES: Mr. Chairman, I
would like to direct a question to Delegate
Moser.
Directing your attention to section 7.07,
would it be a correct interpretation to say
that with reference to expansion of mu-
nicipal boundaries, that all of the present
requirements, consent of the people being
taken in, consent of the people within the
municipality, everything that would be re-
quired under the present provisions of Arti-
cle 23-A, plus the approval of the county
fathers, would be necessary unless the
legislature by general law provided a dif-
ferent procedure?
Would that be correct?
DELEGATE MOSER: How far back
does your "unless" go? If your "unless"
covers the entire question that you asked,
the answer is yes.
The point is, the General Assembly can
do whatever it wants. It does not have to
require the consent of the county and the
municipality.
THE CHAIRMAN: Delegate James.
DELEGATE JAMES: Let us assume
the legislature does not act, and that the
provisions of the constitution are applicable.
Would this result in a rule that in expan-
sion of municipalities all present require-
ments pertain, plus the formal approval of
the county government?
DELEGATE MOSER: Yes, it would, if
the General Assembly did not act; provided,
again, that the schedule that is adopted
with the schedule of legislation contained
all those things in it. That schedule could
very well not have a provision for annexa-
tion laws we now have, which I know you
look upon with great disfavor, as do most
of us. It would then require the General
Assembly to supply the gap, if any more
annexations were to occur.
THE CHAIRMAN: Delegate James.
DELEGATE JAMES: Even though the
legislature acts under the provisions of the
constitution, do you require the approval
of the county government in all instances
before there can be expansion of the mu-
nicipal boundary?
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