2822

VETOES

General is attached and should be considered a part of
this veto message.

For this reason, I have decided to veto House Bill
990.

Sincerely,
Marvin Mandel
Governor

Letter from State Law Department on
House Bill 990

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

Re: House Bill 990

Dear Governor Mandel:

Me have reviewed House Bill 990 (Anne Arundel County
— Annapolis Double Taxation) and have determined that the
bill raises serious constitutional problems.* The bill
appears to violate the Home Rule Amendment of the
Maryland Constitution with respect to Charter counties.

Article XI-A, Section 4 of the Maryland Constitution
provides in pertinent part;

"From and after the adoption of a charter under the
provisions of this Article by the City of Baltimore
or any County of this State, no public local law
shall be enacted by the General Assembly for said
City or County on any subject covered by the express
powers granted as above provided."

The distinction between a public general law and a
public local law depends on whether the subject matter of
the legislation is of significant interest to the entire
state or whether its affects only one county or
subdivision. Cole v. Secretary of State, 249 Md. 425
(1968).

The Maryland Court of Appeals explained the
distinction in Norris v. Baltimore, 172 Md. 667, 681
(1937), as follows:

"While it is difficult to formulate a comprehensive
definition of distinction between a public local law
and a public general law, it may be said that a
"public local law" is a statute dealing with some
matter of governmental administration peculiarly
local in character, in which persons outside of that