HARRY HUGHES, Governor

3435

approval of concession development plans are not properly
reflected in the title and are, therefore, invalid, the
question arises of whether these provisions are severable.
The Court of Appeals has said that the test of severability
"is the effectiveness of an act to carry out, without its
invalid portions, the legislative intent in enacting it."
Wheeler v. State, 281 Md. 593, 607 (1977). As the remaining
valid provisions could be effectively carried out, as this
would seem to serve the principal purpose of the bill in
regulating the making of concession agreements, and as the
Board of Public Works could require that such agreements be
submitted for its approval under Article 78A, Section 68, we
think that, despite some doubt in the matter, the invalid
provisions may be severed and that the bill may be signed
into law.

Very truly yours,
Stephen H. Sachs
Attorney General

Senate Bill No. 634

AN ACT concerning

Creation of a State Debt - Baltimore City Jail

FOR the purpose of authorizing the creation of a State Debt
in the amount of $647,000 $607,000, the proceeds to be
used for a State grant to Baltimore City the Mayor and
City Council of Baltimore for the study, renovation,
improvement and construction of facilities at the
Baltimore City Jail; subject to the requirement that
the Mayor and City Council of Baltimore provide at
least an equal and matching fund of a certain kind for
the same purpose; and providing generally for the issue
and sale of bonds evidencing the loan.

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That:

(1) The Board of Public Works may borrow money and
incur indebtedness on behalf of the State of Maryland
through a State loan to be known as the Baltimore City Jail
Loan of 1981 in the aggregate principal amount of $647,000
$607,000. This loan shall be evidenced by the issuance and
sale of State general obligation bonds authorized by a
resolution of the Board of Public Works and issued, sold and
delivered in accordance with the provisions of §§ 19 to 23
of Article 31 of the Annotated Code of Maryland (1976
Replacement Volume and 1980 Supplement, as amended from time
to time).