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3936 VETOES
other rules and regulations, including notice and public
hearing. If the agency does not so comply within the
authorized time, the approval of the emergency measure is
negated.
I have no objection to such a proposal. However,
the language of House Bill 1898 goes considerably
further. It allows the Committee's approval to be
subject to any condition, including a time limit. This
would allow the Committee, in effect, to adopt its own
rules and regulations by placing whatever condition(s) it
deems appropriate on a proposed emergency measure,
thereby raising serious questions about the separation of
powers and the efficient administration of the executive
branch of government.
Secondly, House Bill 1898 proposes to negate the
approval of an emergency measure, unless, within a
certain time period, the emergency measure is finally
adopted in accordance with the procedures of Article 41,
§ 256-I. That section requires, inter alia, that the
administrator of the State Documents Division transmit a
copy of an emergency rule to the printer. House Bill
1898, as worded, thus raises the possibility that a
tentatively approved emergency measure may be
subsequently negated by an administrative error or
omission over which the adopting agency and the AELR
Committee have no control.
I understand that the sponsors of House Bill 1898
were attempting to improve some of the Committee's
procedures with respect to the approval of an emergency
rule or regulation. I have no objection to a bill which
is properly drawn in order to accomplish the objectives
as communicated to me by the lead sponsor; I have already
approved House Bill 1897 which authorizes a mere literal
procedure for the Committee with respect to those members
of the Committee who may approve an emergency measure.
However, House Bill 1898, as drafted, goes far beyond the
sponsors' stated intention or what, in my judgment, is
desirable policy.
For these reasons, I have decided to veto House Bill
1898.
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Sincerely,
Marvin Mandel
Governor
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