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Session Laws, 1969
Volume 692, Page 1790   View pdf image
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1790                                      VETOES

This Bill provides that whenever property rented for a term of
not more than seven years shall become untenantable by reason of
certain specified causes, the tenancy shall be terminated and liability
for rent shall cease.

I am informed by the Attorney General's office that the Bill is
constitutionally defective. For the reasons given in the attached copy
of the opinion from the Attorney General's office, which is to be con-
sidered a part of this message, I believe that the measure must be
vetoed.

Sincerely,
/s/ Marvin Mandel,

Governor.

Letter from State Law Department—H.B. 91.

May 8, 1969.

The Honorable Marvin Mandel
Governor of Maryland
State House
Annapolis, Maryland 21404

Re: House Bill 91
Dear Governor:

At your request, we have reviewed House Bill 91. We regret to
advise you that we find this Bill to be constitutionally defective.

The title of this Bill provides "that when business premises be-
come untenantable because of riot or civil disorder, the tenant shall
have an option to terminate the tenancy and liability for rent shall
cease upon proportionate payment."

During the course of the passage of this measure in the General
Assembly, however, the reference to "business premises" in the body
of the Bill was deleted by amendment and the Bill, by its terms, now
applies not only to business premises, but to all premises rented for a
term of not more than seven years.

Although the Court of Appeals in recent years has exhibited
great reluctance to invalidate a bill because of a defective title, we do
not see how the Court could sustain the great discrepancy between
the title to this Bill and the actual provisions thereof.

We advise you, therefore, of our view that this Bill should not be
signed into law.

Sincerely,

/s/ Robert F. Sweeney,

Deputy Attorney General.

 

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Session Laws, 1969
Volume 692, Page 1790   View pdf image