MARVIN MANDEL, Governor 3117
insure or make loans to owners of buildings "used or
occupied for commercial purposes." However, Section 3(b)
of the Bill states that the proceeds shall be used to
make loans to owners of buildings "used or occupied for
residential purposes." The title of the latter bill
states that it concerns "Baltimore City—Home
Rehabilitation Bond Issue" and that the proceeds of the
bond issue are to be used to guarantee, insure or make
loans to owners of buildings "used or occupied for
residential purposes." However, Section 3(b) of the Bill
states that the proceeds shall be used to guarantee,
insure or make loans to owners of buildings "used or
occupied for commercial purposes."
The conflict between the title and the substantive
provisions of each bill result from the fact that the
first page of House Bill 560 was attached to the last two
pages of House Bill 561 and the first page of House Bill
561 was attached to the last two pages of House Bill 560.
We are advised that the bills passed the legislature in
this form. Because of the conflicts between the titles
and the substantive provisions of the bills, I am of the
opinion that the Bills are each unconstitutional. See
Article III, Section 29, Maryland Constitution.
In conclusion, it should be noted that there may be
some uncertainty as to the form of the bills as they
passed the legislature. Whatever the event, House Bill
560 is identical to Senate Bill 286 which has been signed
by you and is now Chapter 129 of the Acts of 1974, and
House Bill 561 is identical to Senate Bill 301 which has
been signed by you and is now Chapter 131 of the Acts of
1974. Because of questions concerning the collation of
these Senate Bills, we have ascertained by personal
inspection of the Bills as acted upon by the legislature
and as signed by you that the Senate Bills are
constitutional and in proper legal form.
Very truly yours,
/s/ Francis B. Burch
Attorney General
House Bill No. 563 — Baltimore City Sewer
and Drain Bonds
AN ACT concerning
Baltimore City — Sewer and Drain Bond Issue
FOR the purpose of authorizing the Mayor and City Council
|