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2348 VETOES
4-1208.
UPON THE FAILURE OF ANY PERSON TO APPEAR IN A COURT OF THIS
STATE AS REQUIRED BY ANY CHARGING DOCUMENT ACCUSING THE PERSON OF
COMMITTING ANY OFFENSE UNDER THIS TITLE, IN ADDITION TO ANY OTHER
APPROPRIATE ACTION TAKEN BY THE COURT OR THE DEPARTMENT, THE
COURT AND THE DEPARTMENT SHALL MAY SUSPEND AUTOMATICALLY
IMMEDIATELY AND WITHOUT HEARING ANY LICENSE ISSUED TO THE PERSON
UNDER THIS TITLE. THE DEPARTMENT MAY NOT ISSUE -A- ANY NEW
LICENSE UNDER THIS SUBTITLE TO THE PERSON UNTIL THE PERSON
APPEARS IN COURT TO ANSWER THE CHARGING DOCUMENT.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1983.
May 31, 1983
The Honorable Melvin A. Steinberg
President of the Senate
State House
Annapolis, Maryland 21404
Dear Mr. President:
In accordance with Article II, Section 17 of the Maryland
Constitution, I have today vetoed Senate Bill 327.
This bill provides a criminal penalty for out-of-county
truck vendors in Garrett County who fail to purchase an itinerant
peddler's license, as required by present law.
The Attorney General has advised me that although there is
no constitutional objection to the penalty, as such, he regards
the existing licensing law as unconstitutional. Since the bill
adds a criminal penalty to a law of doubtful constitutionality,
and attempts to render more enforceable those existing
provisions, the Attorney General has not approved Senate Bill
327. A copy of the Opinion of the Attorney General is attached
and should be considered to be a part of this letter.
The Attorney General has questioned the validity of this law
under both the Commerce Clause, Article I, Section 8, Clause 3,
and the Privileges and Immunities Clause, Article IV, Section 2,
Clause 1, of the U. S. Constitution.
For these reasons, I am vetoing Senate Bill 327.
Sincerely,
Harry Hughes
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