3196

VETOES

invalid only when clearly outside the requirements of the
Constitution. Everstine, "Titles of Legislative Acts," IX
Md. L. Rev. 197, 201-202 (1948).

In our view, the title of House Bill 948 is not
constitutionally misleading with respect to the exclusions.
The title alleges exclusions with respect to certain
departments and branches from the provisions of the Act, but
does not specify which departments or which provisions.
Consequently, the title necessarily directs one to the body
of the Act for a determination of which branches and which
departments are excluded from which provisions. Thus, the
title does not encourage reliance on a particular exclusion,
i.e., does not mislead.

2. Article 15A, §23B.

Code, Article 15A, §23B, vests the following duties and
authority in the Secretary of Budget and Fiscal Planning:

"The Secretary, after consultation with the State
Comptroller, shall be responsible for planning
and controlling data processing in the several
departments and agencies of the State government.
The Secretary shall continuously study the data
processing function within the State in order to
improve its efficiency and economy. All changes
effected by any department or agency pertaining
to data processing shall first be reviewed and
approved by the Secretary for compatibility with
existing procedures and equipment. The purchase,
lease, or rental of mechanical or electronic data
processing equipment for all State departments
and agencies shall be reviewed and approved by
the Secretary prior to the purchase, lease, or
rental."

We have previously concluded that, by expressly
including the "several departments and agencies of the State
government within its reach," Article 15A, §23B gives the
Secretary of Budget and Fiscal Planning certain authority
with respect, to data processing in the Department of Public
Safety and Correctional Services. See, 63 Opinions of the

Attorney General _______(1978), (No. 78-2, Rules Service

Ed.) . 1 In creating a new data processing subtitle under
Article 48 and in vesting authority thereunder in the
Secretary of Budget and Fiscal Planning, Section 1 of House
Bill 948 (at lines 148-150) expressly provides that such
authority and responsibility is "in addition to the
responsibilities and duties set forth in Article 15A, §23B
..." Thus, we construe Section 1 of the Act to give the
Secretary additional authority only, to exclude the
Department of Public Safety and Correctional Services from
this additional authority only, and to in no way lessen the
authority which the Secretary presently has under Article
15A, §23B.