1896                                       Vetoes

Senate Bill No. 738—Restoration of Ship "Constellation"

AN ACT to provide that an appropriation of $100,000 to the
Board of Public Works for Fiscal Year ending June 30, 1971 (as
itemized on Page 930 of the Maryland State Budget for Fiscal Year
ending June 30, 1971) shall not be contingent upon and supplementary
to federal funds being made available for the same purpose. PUR-
POSES OF RESTORATION OF THE SHIP "CONSTELLATION."

May 28, 1971.

Honorable William S. James
President of the Senate
State House
Annapolis, Maryland 21404

Dear Mr. President:

In accordance with Article II, Section 17, of the Maryland Con-
stitution, I have today vetoed Senate Bill 738.

Senate Bill 738 provides that an appropriation of $100,000 to the
Board of Public Works in the Maryland State Budget for the fiscal
year ending June 30, 1971, shall not be contingent upon and supple-
mentary to federal funds being made available for the same purpose,
but shall be contingent upon the availability of in-kind supplies, labor
and materials of like value from any source.

In the opinion of the Attorney General's office, and in my opinion,
a bill which does not constitutionally qualify as a Budget Bill or Sup-
plementary Appropriation Bill, and which deletes from the Budget Bill
of a prior year a condition to an appropriation of matching federal
funds, raises serious questions under Article III, Section 52, of the
Maryland Constitution. However, it is unnecessary to explore such
questions in connection with Senate Bill 738.

The condition which Senate Bill 738 purports to repeal, i.e. that
the $100,000 appropriation in the 1970 Budget be contingent upon
federal funds, appears on page 930 of the Budget book submitted to
the General Assembly during the 1970 legislative session. However,
the Budget Bill, which was enacted by the General Assembly as Chap-
ter 100 of the Laws of 1970, does not with respect to this appropriation
include the condition as to the availability of federal funds. It is the
Budget Bill, as distinguished from the Budget, which is enacted into
law. It would seem to follow that unless a condition upon an appro-
priation appears in the Budget Bill itself, the condition is without
legal effect and is not binding and controlling upon the Board of Public
Works, which may expend the funds without regard to the condition.
Accordingly, Senate Bill 738 is unnecessary to delete the condition as
to the availability of federal funds and of no legal effect for this
purpose.

As Senate Bill 738 is unnecessary, and as the purpose of the bill
can be put into effect, I have decided to veto the measure.

Sincerely,

/s/ Marvin Mandel,

Governor.