3094

VETOES

Harford County — under present law, board members
are appointed by the County Executive with the
advice and consent of the County Council. Senate
Bill 118 1 provides for appointment by the County
Council (lines 155-156 1/2).

Montgomery County — there are several substantive
changes here. Present law establishes a
five-member advisory board. Senate Bill 118 1
provides for a three—member advisory board {line
175) . Present law requires that one member be a
holder of a specific type of license; Senate Bill
1181 makes no such provision. Present law names
three ex officio members of the board; Senate
Bill 1181 contains no such provision.

Since none of these changes are even remotely alluded
to in the bill's title, they are constitutionally
impermissible as contravening Article III, Section 29 of the
Constitution,1 and may not be given effect.

Nonetheless,

"It is well settled that it is not
necessary to strike down an entire Act because
one provision is void, 'unless the provisions are
so connected together in subject—matter, meaning
or purpose, that it cannot be presumed the
Legislature would have passed the one without the
other.'"

Somerset County v. Pocomoke Bridge Co., 109 Md. 1, 8 {1908).
Thus, pursuant to the mandate of Code, Art. 1, §23, the
courts will sever an invalid statutory provision if it is
clear that the Legislature would have passed the Act without
that provision.

In our view, the offending provisions of this bill are
not so closely connected that it cannot be presumed that the
Legislature would not have passed the bill without that
provision. On the contrary. Article 2B is a notorious
laundry list of local laws having little if any relationship
to each other which, by means of local courtesy, are almost
invariably enacted or defeated entirely on the wishes of the
local delegation. Accordingly, we have no doubt that the
General Assembly would have enacted this bill had it
contained only the provisions relating to Kent County.
Consequently, in our view, the measure may be signed into
law and the Kent County provisions given effect despite the
clear violation of the titling requirements of the
Constitution with respect to the other changes.

Very truly yours,
Francis Bill Burch
Attorney General

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