BLAIR LEE III, Acting Governor                        3075

For these reasons, I have decided to veto Senate Bill
838.

Sincerely,
Blair Lee III
Acting Governor

Letter from State Law Department on Senate Bill 838

May 8, 1978

Honorable Blair Lee, III
Acting Governor of Maryland
State House
Annapolis, Maryland 21401

Re: Senate Bill 838 and House Bill 624

Dear Governor Lee:

As originally introduced Senate Bill 838 and House Bill

624 were identical, each amending Section 10-408.1 of     the

Natural Resources Article "for the purpose of providing   for

restrictions on the use of certain types of animal traps     in

certain areas with certain exceptions." However, in   the

course of their consideration, these bills were amended     and
enacted in different forms.

As enacted, Senate Bill 838 was limited to Anne Arundel
County only and the prohibition therein was expanded to
prohibit the specified activity within 150 yards of a school
as well as within 150 yards of a residence.1

On the other hand, House Bill 624 remained statewide in
application but was amended so as to: (1) expand its
prohibition to include attempts to trap, (see unit 82); and
(2) to expand its exception to include therein timberland
and lands used for reforestation, and owners and lessees of
any privately owned land, (see units 89—90).

We hereby approve House Bill 624. For the following
reasons, we are unable to approve Senate Bill 838.

Article XI A, Section 4 of the Maryland Constitution
prohibits the General Assembly from enacting any public
local law on a subject over which charter counties have been
given legislative authority by virtue of the enactment of
the Express Powers Act (Code, Art. 25A, §5). Clearly Senate
Bill 838 is a local law, i.e., it applies only to Anne
Arundel County. Moreover, Article 25A, §5(m) specifically
authorizes charter counties to enact "local fish and game
laws." Accordingly, Senate Bill 838 clearly constitutes an