3384

VETOES

Harry Hughes
Governor

May 23, 1980

Honorable Harry Hughes
Governor of Maryland
State House
Annapolis, Maryland 21404

Re: Senate Bill 1078

Dear Governor Hughes:

Senate Bill 1078 purports to repeal Sections 6-14
through 6-17 of the Public Local Laws of Harford County,
which were enacted by the County Council in 1975 as Bill No.
75-76 after the County became a charter home rule county.1/
This provision of the Harford County Code concerns the
regulation and licensing of pawnbrokers by the County. The
Senate Bill would add Sections 367 through 371 to Article 56
of the Annotated Code, to be under the new subtitle "Harford
County - Pawnbrokers." The local law to be repealed and
Senate Bill 1078 differ substantively in that only the
Senate Bill contains a penalty provision. In our opinion,
this bill is a public local law in violation of Article
XI-A, Section 4 of the Maryland Constitution.

Section 3 of Article XI-A of the Constitution confers
upon chartered counties the exclusive power to enact local
laws on any subject covered by the Express Powers Act (Md.
Code, Art. 25A). Correspondingly, Section 4 of Article XI-A
prohibits the General Assembly from enacting a public local
law on such subjects.

While the statutory grant of powers to the charter
counties of Maryland, as embodied in Article 25A, does not
include the specific power to license and regulate
pawnbrokers, the Express Powers Act does include a general
welfare clause in Section 5(S) which provides as follows:

"The foregoing or other enumeration of powers in this
article shall not be held to limit the power of the
county council, in addition thereto, to pass all
ordinances, resolutions or bylaws, not inconsistent
with the provisions of this article or the laws of the
State, as may be proper in executing and enforcing any
of the powers enumerated in this section or elsewhere
in this article, as well as such ordinances as may be
deemed expedient in maintaining the peace, good
government, health and welfare of the County."

The general welfare clause of Article 25A, Section 5(S)
has been given a liberal construction by the Court of