2220 VETOES
I call your attention to Article XI-E of the Constitution of Mary-
land, which provides for Municipal Corporation Home Rule. Under
that Article, the General Assembly is without authority to enact
legislation local in its terms in regard to those municipal corpora-
tions then in existence, not authorized by Article XI-A of the Con-
stitution, to have a charter form of government, as further provided
for in accordance with the terms of Sections 2-5 of said Article
XI-E, House Bill 579 constitutes a local measure applying to the gov-
ernment and affairs of Highland Beach, a municipal corporation in
existence prior to the enactment of Article XI-E of the Constitution.
It, therefore, is clearly prohibited by that Article.
I call your attention to an opinion of former Attorney General
Sybert, reaching a similar conclusion as to proposed legislation ap-
plicable to the City of Cumberland in 1955. This opinion is reported
in Volume 40, Opinions of the Attorney General 162.
Sincerely yours,
(s) Thomas B. Finan,
Attorney General.
TBF/ss
House Bill No. 648—Pensions to Former Members of
General Assembly
AN ACT to add new Section 2A to Article 40 of the Annotated
Code of Maryland (1957 Edition and 1962 Supplement), title "Gen-
eral Assembly," subtitle "Mileage, Pay and Stationery," to follow
immediately after Section 2 thereof, establishing a system of pen-
sions for certain living former members of the General Assembly
and relating generally to the qualifications and procedures required
for participation in this system and to the powers and duties of
certain State officials with respect thereto.
May 6, 1963.
Honorable Marvin Mandel
Acting Speaker
House of Delegates
State House
Annapolis, Md.
Dear Mr. Speaker:
In accordance with the provisions of Article 2, Section 17, of the
Maryland Constitution, I have vetoed House Bill 648 and I am re-
turning this Bill to you accompanied by my veto message.
House Bill 648 provides that a pension be paid to every living
former member of the General Assembly who has at least eight
years of service and who has reached the age of 55 years.
The Attorney General of Maryland has advised me that House
Bill 648 would violate two Constitutional provisions.
Article Three, Section 15, of the Constitution of Maryland, reads
in part: "..... each member (of the General Assembly) shall re-
ceive a compensation of Eighteen Hundred Dollars ($1,800.00)
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