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Session Laws, 1939
Volume 581, Page 1727   View pdf image (33K)
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HERBERT R. O'CONOR, GOVERNOR. 1727

tional fee for re-registration of automobile operators that the
tax proposal was delayed in passage for a number of weeks
until this feature was eliminated. In view of this opposition
voiced by motorists, I cannot give approval to another enact-
ment imposing such a financial burden when I realize that the
fee required for a locking device for registration markers was
not thoroughly understood by the Legislators.

Chapter 724 (House Bill 437). This measure provides for
an inspection of automobiles by the State for which a fee is
charged periodically. Inasmuch as no State-owned stations
are available for these inspections, it is provided that a por-
tion of the fees exacted from motorists be paid to garage oper-
ators making the inspections. Another portion is to be re-
tained in a fund for the eventual purchase of stations as sub-
sequent legislation so provides.

Wide spread opposition has been aroused to the measure
and in public hearings which I have conducted, it is pointed
out that this measure is not the most desirable that could be
enacted. The Automobile Commissioner, to whom I referred
the matter for study and report, opposed the bill in its present
form.

After giving the matter the most thorough consideration I
have decided that it should be vetoed.

OCEAN CITY.

Chapter 260 (House Bill 430). The Attorney General lias.
rendered me a formal opinion that this bill should be vetoed
as an improper delegation of legislative power. It would per-
mit the residents of Ocean City in Worcester County to decide
for themselves whether Sunday amusements ought to be legal-
ized.

Inasmuch as a referendum is provided in the bill whereby
the citizens would vote upon this question, it ordinarily would
be allowed to the people to decide for themselves what they
desire. However, the Attorney General rules that it is first
necessary for one of the subdivisions of the State to adopt
home rule under the constitutional amendment before such a
referendum as provided in the bill is permissible. As is
pointed out in the opinion of the State Law Department, the
Ocean City Bill is modeled on the Baltimore City Act but
Baltimore had first adopted home rule under the constitutional
amendment.

Inasmuch as this legal opinion is binding upon me, I will be
required to veto the measure on the strength of the Attorney
General's ruling that the bill is an "improper delegation of
legislative power (by the Legislature) to its creature".


 

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Session Laws, 1939
Volume 581, Page 1727   View pdf image (33K)
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