HARRY HUGHES, Governor

3433

The Governor shall submit the proposed
(Consessions Management) plan and program, and
any periodic updating, to the General Assembly
of Maryland not later than the tenth day of the
next regular legislative session, for approval
by joint resolution. Should the General Assembly
fail to enact a joint resolution approving or
amending the proposed plan and program before
the end of the session, it shall stand approved
as submitted. During the interim the proposed
plans or programs shall be submitted to the
Legislative Policy Committee for approval.

Some of the concessions that would be operated under
this bill would be small food and souvenir stands such as
those that the Department of Natural Resources already
operate throughout the State Park System. While it is not
entirely clear what is encompassed by the reference to the
"(Concessions Management) Plan and Program, and any
updating" it appears that the plan for any concession or
modification of any concession would have to be submitted to
the General Assembly for approval before implementation.
The Department of Natural Resources has informed me that
this provision would make the Concessions Management Program
totally unworkable.

The Attorney General has advised me that he has
"substantial reservations about the constitutionality" of
the provision of § 5-211(e) that requires approval of the
General Assembly. I, too am very troubled by this
provision. Moreover, the Attorney General has found that
this provision and the provision of the bill that requires
approval of the consession agreements by the Board of Public
Works may not be given effect, in any event, because of
defects in the title of the bill. A copy of the Attorney
General's letter is attached and should be considered part
of this veto message.

The Attorney General has concluded that the defective
provisions are severable and that the bill may be signed,
giving the remainder of the bill effect. I believe that the
proper manner of operation of the Concessions Management
Program would be very questionable under the impaired bill
that it would not be prudent for me to sign it.

For the reasons I have cited in this letter, I have
vetoed Senate Bill 624.

Sincerely,
Harry Hughes
Governor

May 13, 1981