BLAIR LEE III, Acting Governor

3097

FOR the purpose of prohibiting the construction of
commercial or industrial facilities within 25 feet of
an access road to a State transportation Maryland
Transportation Authority facility.
May 29, 1978

Honorable John Hanson Briscoe

Speaker of the House of Delegates

State House

Annapolis, Maryland 21404

Dear Mr. Speaker:

In accordance with Article II, Section 17 of the
Maryland Constitution, I have today vetoed House Bill 70.

This bill prohibits the construction of commercial or
industrial facilities within 25 feet of the access road to a
Maryland Transportation Authority facility.

During the legislative process, an amendment       was

adopted to the bill to prohibit the construction of   such

facilities within 25 feet of the access road without     the
approval of the AELR Committee.

The Attorney General has advised that the effect of
this amendment is to render House Bill 70 unconstitutional.
The basis for this decision is that the bill, as amended,
constitutes an impermissible attempt to delegate a
law-making function to the AELR Committee. This delegation
contravenes the requirement that laws be made by a majority
of both Houses of the General Assembly, subject to the veto
power of the Governor. A copy of the Opinion of the
Attorney General is attached and should be considered a part
of this veto message.

For this reason, I have decided to veto House Bill 70.

Sincerely,
Blair Lee III
Acting Governor

Letter from State Law Department on House Bill No. 70

May 25, 1978

Honorable Blair Lee, III
Acting Governor of Maryland
State House
Annapolis, Maryland 21404

Be: House Bill 70