BLAIR LEE III, Acting Governor

3255

Re: House Bill 2126

Dear Governor Lee:

We regret that we are unable to approve House Bill 2126
as being constitutionally permissible.

Article III, Section 29, of the Constitution requires
that every law enacted by the General Assembly shall be
described in its title. This requirement has been
interpreted by the Maryland Court of Appeals in Leonardo v.
County Commissioners, 214 Md. 287 (1957), as mandating that
the title of legislation fairly advise the General Assembly
and the public of the real nature and subject matter of the
legislation sought to be enacted. The title of House Bill
2126 indicates that its purpose is to extend the open season
for hunting and trapping muskrats. However, the bill amends
Section 10-406(a) of the Natural Resources Article to extend
the hunting season for all fur—bearing mammals, not just
muskrats. See Natural Resources Article, Section 10—101(g),
which defines fur-bearing mammals to include: "any raccoon,
opossum, beaver, mink, muskrat and otter." Accordingly, the
effect of House Bill 2126 is considerably broader than its
title would indicate.

Thus, we must regretfully advise that the measure
appears to be constitutionally impermissible.

Very truly yours,
Francis Bill Burch
Attorney General

House Bill No. 2128 - Surveillance Regulation - Cecil

County

AN ACT concerning

Surveillance Regulation - Cecil County

FOR the purpose of regulating surveillance activities of law
enforcement agents of sister states and jurisdictions
in Cecil County; creating a penalty in the form of
losing registration or registration rights for
violating laws relating to surveillance regulation; and
providing the alternative of both a penitentiary
sentence and fine.

May 29, 1978
Honorable John Hanson Briscoe