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MARVIN MANDEL, Governor 3857
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sections 3-105, 4-106, and 4-108 of the Agriculture
Article, dealing with the powers of the Secretary of
Agriculture to prevent the spread of contagious diseases,
and to enforce the Wholesome Meat Act; or sections 130,
266A, 294, and 299 of Article 43 concerning the
Commission on Medical Discipline, the Board of Pharmacy,
and the State Board of Examiners of Nurses. A serious
question arises as to whether, with respect to the
programs authorized, tut not required, under these
sections, and many others like them, the affected
agencies may continue to keep records on individuals,
notwithstanding the relevance of the records to the
implementation of the authorized programs.
Third, for the same reasons mentioned above, it
would appear that commissioners and other todies created
by Joint Resolution of the General Assembly would not be
able to keep these records. In fact, this prohibition
may also apply to the non-statutory committees of the
General Assembly.
I doubt that the General Assembly intended to
preclude the keeping of relevant records under the
circumstances, or by the types of agencies, described
above; and yet, as noted, the bill seems to have that
effect. Were I convinced that these problems could be
overcome by administrative action pending corrective
legislation next year, I might be inclined to sign House
Bill 462. However, the bill provides criminal sanctions
against those persons violating its provisions, and
authorizes judicial enforcement of its dictates.
Finally, the Attorney General has advised me that
the provisions of new section 5(a)(1), added by amendment
to the bill and dealing with an administrative review of
decisions to deny access by certain custodians of records
raises serious questions of statutory interpretation. A
copy of the Attorney General's Opinion in attached to
this Veto Message, and should be considered a part of it.
Under these circumstances, I feel obliged to veto
House Bill 462, and to recommend that the General
Assembly address the concerns expressed in this veto
message at is next session.
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Sincerely,
Marvin Mandel
Governor
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Letter from State Law Department on
House Bill 462
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May 20, 1977
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