3976

VETOES

the Maryland Constitution because of its misleading
title, A copy of the Opinion of the Attorney General is
attached to and should be made a part of this veto
message.

For this reason, I have decided to veto Senate Bill
1027.

Sincerely,

/s/ Marvin Mandel

Governor

Letter from State Law Department on Senate Bill 1027

May 9, 1975
Honorable Marvin Mandel
Governor of Maryland
State House
Annapolis, Maryland

Re: Senate Bill 1027

Dear Governor Mandel:

While the first portion of the title of Senate Bill
1027 indicates that it deals with the borrowing powers of
Sanitary Districts, the purpose clause specifically
states that the Act provides "certain additional
borrowing powers for a certain Sanitary District..."
The body reflects that in fact the bill, as amended,
applies to all Sanitary Districts except one (the
Washington Suburban Sanitary District). The title of the
bill as originally introduced properly indicated that it
applied to all Sanitary Districts in the State, but the
title was (improperly) amended when the exception was
added for the Washington Suburban Sanitary District,

It is well established, for example, that when the
title of a bill indicates that it applies statewide, but
in fact it only applies in certain counties, the title is
not considered misleading because the legislature
frequently provides for exceptions. In other words, the
title of a bill can be broader than its body. We do not
believe, however, that the principles established in this
line of cases can be applied to the converse situation
presented by Senate Bill 1027. Notwithstanding the
ordinary presumption in favor of the constitutionality of
statutes, we believe that the title of Senate Bill 1027
is fatally misleading and restrictive in that it fails
altogether to place one on notice that the bill deals
with more than a single Sanitary District.

Very truly yours,
/s/ Francis B. Burch