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Session Laws, 1973
Volume 709, Page 1917   View pdf image
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MARVIN MANDEL, Governor                                 1917

Because Senate Bill 431 accomplishes the same basic purpose as House Bill 424
and because a portion of this bill is inoperative, I have decided to veto House Bill
424.

Sincerely,

/s/ Marvin Mandel
Governor

Letter from Attorney General on House Bill No. 424

May 23, 1973

The Honorable Marvin Mandel
Governor of Maryland
State House
Annapolis, Maryland 21401

Re: House Bill 424

Dear Governor Mandel:

This bill in its first reader form purported to add new Section 4-204 to Article
21 of the Maryland Code and to repeal and reenact, with amendments, Section
7-107 of the same article to clarify certain technical aspects of the conveyancing
statute. By amendment to the title and to the text the bill also purported to repeal
subsections (d) and (e) of Section 6G, Article 33A of the Maryland Code. These
latter subsections dealt with the rules and regulations of condemning authorities
relating to relocation assistance in eminent domain proceedings, with special
provisions for Baltimore City projects.

The first problem is that these latter subsections which the bill in Section 3
(page 3 of the printed bill) sought to repeal are nonexistent. They were repealed
and reenacted, with amendments, effective May 31, 1972, by Chapter 685 of the
Laws of Maryland of 1972 but were again repealed and reenacted by Chapter 349
of the Laws of Maryland of 1972 to become a part of new Article 21 [Sections
12-207 (d) and (e)]* effective January 1, 1973. Under these circumstances any
attempt to amend already repealed section of old Article 33A would obviously be
of no effect. Moreover, the same recodified subsection of Article 21, Section
12-207 have been recognized and, in fact, amended in two separately enacted bills
(Senate Bill 750 and Senate Bill 601), both of which have already been signed into
law by you as Governor and which became Chapters 2 and 696 of the Laws of
Maryland of 1973.

Under all of these circumstances we cannot conclude that the above referenced
bill would have the effect of repealing these recodified subsections. The only effect
which may be given the bill is that which was announced in its original title and
text, namely, to repeal and reenact, with amendments, Sections 4-204 and 7-108 of
Article 21 of the Maryland Code.

Very truly yours,

/s/ Francis B. Burch
Attorney General

 

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Session Laws, 1973
Volume 709, Page 1917   View pdf image
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