18                          JOURNAL OF PROCEEDINGS                 [July 30

Because of the conflict in form between Senate Bill 658 and House Bill
534, and because House Bill 534 accomplishes the same purpose as Senate
Bill 658, I have decided to veto Senate Bill 658.

Sincerely,

MARVIN MANDEL,
Governor.

Which was read.

Letter from Attorney General on Senate Bill No. 658

April 26, 1973.

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

Re: Senate Bill No. 658 and
House Bill No. 534

Dear Governor Mandel:

Both Senate Bill No. 658 and House Bill No. 534 would enact a new
subsection 55(3) to Article 48A of the Annotated Code of Maryland (1972
Replacement Volume). Both bills would authorize the Insurance Com-
missioner to issue a cease and desist order, without notice and before
hearing, in certain cases where an insurer is in a precarious financial
condition. The texts of both bills generally are identical. However, Senate
Bill No. 658 would authorize a cease and desist order "whenever sub-
stantial evidence becomes available to the commissioner" that the insurer
is in a precarious financial condition, whereas House Bill No. 534 would
authorize such an order "whenever it appears to the commissioner" that
the insurer is in a precarious financial condition. In addition, there is
some difference in the respective titles of the two bills and some differ-
ence in subdivision.

In light of the differences between the two bills, particularly in light
of the condition allowing the Insurance Commissioner to issue the cease
and desist order, it is our opinion that the two bills are not compatible
and, as a consequence, only one should stand as the law. Accordingly,
we recommend that one of the two bills ought to be vetoed.

Very truly yours,

FRANCIS B. BURCH,

Attorney General.

Which was read.

Senate Bill No. 658—By Senator Pine (Departmental) :

An Act to add a new Section 55(3) to Article 48A of the Annotated
Code of Maryland (1972 Replacement Volume), title "Insurance Code,"
subtitle "Insurers: Authorization and General Requirements," to follow
immediately after Section 55(2) thereof, to permit the Insurance Com-
missioner to issue a cease and desist order [[where there are grounds