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2342 VETOES
In accordance with Article II, Section 17 of the Maryland
Constitution, I have today vetoed Senate Bill 293.
That bill would alter the license fee and impose an 18 month
residency requirement for fortune tellers and spiritualists
wishing to pursue their trade or occupation in Dorchester County.
The Attorney General has determined in the attached letter
that the residency requirement violates the Privileges and
Immunities Clause of the Federal Constitution and that,
therefore, the bill is unconstitutional.
For that reason, I have vetoed Senate Bill 293.
Sincerely,
Harry Hughes
Governor
May 25, 1983
Honorable Harry Hughes
Governor of Maryland
State House
Annapolis, Maryland 21401
Re: Senate Bill 293
Dear Governor Hughes:
This is to advise you that we have reviewed for
constitutionality and legal sufficiency Senate Bill 293, a bill
which amends the current licensing law for fortune tellers and
spiritualists in Dorchester County. As amended, this law would
reduce the annual license fee and require that an applicant for a
license have been "a resident, taxpayer and property owner of
Dorchester County for at least 18 months..." Because this
residency requirement violates the Privileges and Immunities
Clause of the Federal Constitution, and because it is an integral
part of the bill, we are unable to approve the bill.
Article IV, Section 2 of the Federal Constitution provides
that "[t]he Citizens of each State shall be entitled to all
Privileges and Immunities of Citizens of the several States."
This clause "establishes a norm of comity" among the States in
their treatment of the residents 1/ of other states. Hicklin
v. Orbeck, 437 U.S. 518, 523-24 (1978), and Austin v. New
Hampshire, 420 U.S. 656, 660 (1975). Essentially, it requires
that each state treat all citizens, residents and nonresidents
equally with respect to those "privileges" and "immunities"
bearing upon the vitality of the Nation as a single entity.
Baldwin v. Fish and Game Commission, 436 U.S. 371, 383 (1978).
It has long been established that one of the privileges and
immunities protected by this clause is the pursuit of a trade,
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