20                           JOURNAL OF PROCEEDINGS                   [June 22

matter in this bill, especially since there will be duplicate definition
and penalty provisions, wherein existing Sections 48 and 49 of the
indicated Article clash with Sections 2 and 43 of the bill.

While Section 3 of the bill repeals inconsistent public general
or public local laws, we cannot say this automatically voids existing
Sections 44 through 48. This would in our view, be a matter for court
interpretation.

3.    There may be serious question as to whether the definitions
of Section 2 on page 2 of the bill should be made applicable to the
Article, rather than the subtitle alone.

4.    Question may also be raised as to whether the provisions of
subsection (g) of Section 2, on page 2 of the bill may not conflict
with licensing of plumbers, under Article 43 of the Code.

5.    Sections 30 and 37 of the bill appear to conflict, insofar as
they pertain to the promulgation of applicable rules and regulations
by the Department of Water Resources and the Water Resources
Commission on the same subject.

Despite these many defects, we cannot say that House Bill 523
is unconstitutional in toto. As a practical matter, however, the bill
creates substantial problems as to interpretation. Because of this,
you may wish to refrain from signing this bill into law, and give to
the 1968 Session of the General Assembly the opportunity to redraft
this measure, eliminating its many troublesome portions.

I hope that this opinion is of some assistance to you.

Sincerely yours,

(s) Francis B. Burch,

Attorney General.
Read and journalized.

House Bill No. 523—By Delegates Connell, Athey and Lipin.

AN ACT to repeal Section 2 of Article 96A of the Annotated
Code of Maryland (1964 Replacement Volume and 1966 Supplement),
title "Water Resources," subtitle "General Provisions"; to repeal
Sections 30 through 43 of said Article and title of the Code, subtitle
"Well Drillers"; and to enact new Section 2 and new Sections 30
through 43 in lieu thereof, to stand in the place of the sections so
repealed, Sections 30 through 37 to be under the new subtitle "Well
Drilling" and Sections 38 through 43 to be under the new subtitle
"State Board of Well Drillers"; to revise the laws applicable to per-
sons engaged in well drilling in the State, to create a State Board of
Well Drillers to issue licenses to water-well contractors and well
drillers, to provide for the compensation, powers and duties of the
Board, to require permits from the Department of Water Resources
for well drilling, to provide penalties for violations and to relate
generally to well drilling in the State.

Shall the bill pass notwithstanding the objections of the Executive?