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June 21
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26
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JOURNAL OF PROCEEDINGS
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unrelated to any qualification for pursuing these callings and
certainly does not guarantee that the public is dealing with
reputable practitioners. Indeed, a report signed by the Chairman
of the Senate Committee on Economic Affairs, which was prepared
by the Department of Legislative Reference, states that the
"purpose of this bill is to assist local businesses by giving
them a competitive edge over non-local business." Accordingly,
the residence requirement violates the Privileges and Immunities
Clause of the Federal Constitution. Because this requirement,
the other qualifications, and the fee reduction are clearly part
of an overall plan to favor local fortune tellers and
spiritualists, the residence requirement is not severable and we
are unable to approve the bill.
Although the residence requirement may also violate the
Commerce Clause, Article I, Sec. 8, Cl. 3, and the Privileges and
Immunities and Equal Protection Clauses of the Fourteenth
Amendment, we find it unnecessary to pass on these issues or on
the validity of the taxpayer and property qualifications in light
of the residence requirement's manifest violation of the
Privileges and Immunities Clause.
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Very truly yours,
Stephen H. Sachs
Attorney General
1 / Although the Privileges and Immunities Clause uses the term
"Citizen," this term has generally been understood to be
interchangeable with the word "resident." Hicklin, 437 U.S.
518, 524, n. 8.
Senate Bill No. 293
AN ACT concerning
Dorchester County - Palm Readers - Licensing
FOR the purpose of altering the licensing fee for persons
carrying on the business or practice of palmistry and
certain related businesses and practices in Dorchester
County; and establishing certain conditions for the issuance
of this license.
BY repealing and reenacting, with amendments,
The Public Local Laws of Dorchester County
Section 15-1
Article 10 - Public Local Laws of Maryland
(1974 Edition, as amended)
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The President put the question: Shall the Bill pass,
notwithstanding the objections of the Executive?
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