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Session Laws, 1971
Volume 707, Page 1932   View pdf image
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1932                                      Vetoes

higher learning in "educational programs related to the teaching pro-
fession ...". However, the bill itself provides, in Section 41A (d), that
25% of the funds shall be used for grants to students enrolled or plan-
ning to enroll in "public service program areas". The substantive pro-
visions of this bill make it clear that teaching and public service are
separate and distinct programs. For example, Section 41A(e) refers
to "teaching discipline or public service", and Section 41A(f) refers
to service in any level of "public education or public service". (Empha-
sis supplied.)

Since the bill itself encompasses coverage of programs that is
considerably broader than the coverage reflected in the title of the bill,
it is our opinion that the title is defective and thereby renders House
Bill No. 1157 unconstitutional.

In addition to this legal limitation, we should note the numerous
defects in the substance of the bill itself.

1.    The bill provides that the grants-in-aid shall be made to
students "on the basis of financial need" [Section 41A (b) ] and that the
State Scholarship Board shall be responsible for "developing guide-
lines to determine the financial need of each recipient" [Section
41A(c)], but nowhere is it made clear which State agency is respon-
sible for the overall administration of the program.

2.    The bill abolishes the tuition-waiver program presently in
force at the State colleges, but does not do so with respect to the Uni-
versity of Maryland and St. Mary's College. Indeed, this bill would
permit students at these two institutions to receive both the tuition
waiver and the grant-in-aid.

3.    The Attorney General is to review cases where the recipient
fails to repay the grant after graduation [Section 41A(f)]. It is not
clear if the Attorney General is required to sue the recipient for re-
payment or is to have discretion to waive the repayment requirement.

Consequently, the bill presents numerous ambiguities which
would render implementation of the program cumbersome, if not
impossible.

Sincerely,

/s/ Francis B. Burch,

Attorney General.

House Bill No. 1272—Carnivals, Bazaars and Raffles

AN ACT to repeal and re-enact, with amendments, Section 255
of Article 27 of the Annotated Code of Maryland (1971 Replacement
Volume), title and subtitle "Crimes and Punishments," revising the
law relating to the conduct of certain carnivals, bazaars, OR raffles,
amusement facilities or amusement establishments conducted by cer-
tain non-profit or charitable organizations to permit the acquisition
of managerial and
other personnel to delineate the times and places
where carnivals, bazaars, OR raffles, INCLUDING THOSE LO-
CATED IN amusement facilities or amusement establishments may
be utilized by such non-profit and charitable organizations AND
WHICH ESTABLISHMENTS MAY BE AT ANY LOCATION

 

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Session Laws, 1971
Volume 707, Page 1932   View pdf image
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