MARVIN MANDEL, Governor

3169

The Attorney General has advised me that House Bill
1785 is unconstitutional in that it contravenes Article
IIA, Section 4 of the Maryland Constitution. That
section prohibits the General Assembly from enacting any
public local law for a charter county on any subject
covered by the Express Powers Act, Article 25A, Section 5
of the Annotated Code of Maryland. Anne Arundel County
is a charter county. House Bill 1785 clearly constitutes
in the opinion of the Attorney General a subject covered
by Sections (J), (T), and (X) of Section 5 of the Express
Powers Act.

In addition, the Attorney General has informed me
that the Anne Arundel County Council, pursuant to Article
25A, Section 5, has recently enacted local legislation
pertaining to the very subject matter contained in House
Bill 1785. A copy of the Attorney General's Opinion is
attached and should be considered a part of this Message.

For these reasons, I believe House Bill 1785 must be
vetoed.

Sincerely,

/s/ Marvin Mandel

Governor

Letter from State Law Department on
House Bill 1785

May 28, 1974.

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

Re: House Bill 1785
Dear Governor Mandel:

House Bill 1785 adds a new Section 4.01(c) to
Article 66B of the Annotated Code of Maryland and
provides, in part, that:

"In Anne Arundel County, land and buildings
may not be used for chemical or catalytic
manufacturing, chemical fabrication, gasoline
processing, or refining of petroleum or petroleum
products."

The bill provides that it shall terminate one year