BLAIR LEE III, Acting Governor                        3135

the strong presumption of constitutionality accorded to each
enactment of the General Assembly. However, his very
thorough analysis of these issues clearly reveals the
breadth of the disagreement among the legal authorities, and
I must respectfully disagree with the conclusion of the
Attorney General for the reasons I set forth herein.

However, before addressing the Constitutional issues of
House Bill 619, I must discuss one of the greatest practical
problems which I find inherent in the mechanism it creates.
This problem is rooted in the nature of the rules
promulgated by some State agencies. Many State programs are
partially funded with federal matching funds. The change
proposed by House Bill 619 in the State's regulatory process
may impede or prohibit the issuance of a regulation designed
to comply with a federal requirement. The potential for the
loss of millions of federal dollars by the exercise of the
"legislative veto" is conceivable. Even if the General
Assembly, at its next session, overrides the judgment of the
AELR Committee, the result would be a loss of those funds,
and possible future entitlement, during the interim period.

However, my most serious concerns about House Bill 619
are generated by my concern for the preservation of the
Constitutional balance of powers created by the people.

Article 8 of the Declaration of Rights of the Maryland
Constitution mandates that the Legislative, Executive, and
Judicial branches of government are to be separate, and that
no person exercising the functions of one of these
Departments shall assume or discharge the duties of any
other. Even assuming that House Bill 619 does not violate
the terms of Article 8, I believe that it severely tramples
upon the spirit of this most fundamental tenet of the
Constitution. House Bill 619, in my judgment, injects the
General Assembly into a realm which the Constitution has
reserved to the Executive Branch alone.

The Constitution of Maryland charges the Chief
Executive to faithfully execute the laws of the State.
Pursuant to that mandate, the General Assembly passes bills,
and if signed into law, the Governor executes the
Legislative policy.

Pursuant to laws enacted by the General Assembly, I
must appoint officials to implement legislative programs.
Most of these officials are appointed subject to the advice
and consent of the Senate and therefore are subject to
legislative scrutiny and guidance regarding the manner in
which they are to implement legislative policy.

More important, the provisions of the State Documents
Law assure legislative and public input into the rule making
process. Yet House Bill 619 would allow the members of a
single legislative committee to disapprove a proposed rule