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Session Laws, 1971
Volume 707, Page 1911   View pdf image
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Marvin Mandel, Governor                        1911

of the Attorney General's opinion, which is to be considered a part
of this message, I believe that this measure must be vetoed.

Sincerely,

/s/ Marvin Mandel,

Governor.

Letter from State Law Department on House Bill No. 291

May 7, 1971.

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

Dear Governor Mandel:

As requested, we have examined House Bill No. 291 for con-
stitutionality and legal sufficiency. The title of House Bill No. 291
reads as follows:

"An Act to add new Section 25 (1) to Article 2B of the Anno-
tated Code of Maryland (1968 Replacement Volume), Title
'Alcoholic Beverages,' Subtitle 'Special and Temporary Licenses,'
to follow immediately after 25 (k); and to add new Section
45 (d-1) to the Article, Title 'Alcoholic Beverages' and Subtitle
'General Provision on Issue of Licenses,' to follow immediately
after Section 45 (d) thereof, to create in Allegany County a
special permit for a holder of a Class D beer license which allows
the sale of beer, wine and liquor by the drink on the premises;
to specify the restrictions on this special permit, and generally
relating thereto."

Apparently because of the many amendments that were made
to the Bill, the title fails to reflect that Section 45 (d) was amended
and the effect of these amendments. Although the effect of the
amendments to Section 45 (d) was not substantial, nevertheless, the
various changes in the language to the section and the fact that the
section was amended should be described in the title. The title of the
Bill also fails to describe the effect of the new Section 45 (d-1) which
was added. It is our opinion, therefore, that this Bill has a defective
title and is in violation of Article III, Section 29 of the Maryland
Constitution which requires that "every law enacted by the General
Assembly shall embrace but one subject, and that shall be described
in its title___" See Whitman v. State, 80 Md. 410.

We therefore recommend that House Bill No. 291 be vetoed as
unconstitutional.

Very truly yours,

/s/ Francis B. Burch,

Attorney General.

House Bill No. 423—Charles County Election Laws

AN ACT to repeal and re-enact, with amendments, Section 2-11
(b) of Article 33 of the Annotated Code of Maryland (1971 Replace-

 

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Session Laws, 1971
Volume 707, Page 1911   View pdf image
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