4062

VETOES

Governor of Maryland

State House

Annapolis, MD 21401-1991

Re: House Bill 952
Senate Bill 857

Dear Governor Hughes:

This is to advise you that we have reviewed for
constitutionality and legal sufficiency Senate Bill 857 and House
Bill 952, identical bills which establish a State Donations
Oversight Committee to certify, in accordance with certain
criteria, State projects for which private donations may be
solicited in the State income tax information booklets. As this
10 member committee includes 6 legislators and exercises what is
an essential executive power, the bill violates the separation of
powers clause. Accordingly, we are unable to approve these
bills.

Article 8 of the Declaration of Rights provides as follows:

"That the Legislative, Executive and Judicial powers of
Government ought to be forever separate and distinct from
each other; and no person exercising the functions of one of
said Departments shall assume or discharge the duties of any
other."

In interpreting this article, this office has said that it means
that

"...one branch may not usurp the essential functions and
powers of another branch, may not act to destroy the
essential functions and powers of another branch, and may
not delegate its essential functions and powers to another
branch."
(citations omitted).

63 Opinions of the Attorney General 305, 310 (1978). However,
this office has recognized that the authority of each branch is
absolute only with respect to its core powers. Beyond these core
areas, there is a twilight in which the branches have concurrent
power. Ibid. The issue here is whether the certification of
State projects for the solicitation of private donations in
accordance with certain criteria is an essential executive
function which can not be usurped by the legislative branch.

In a prior bill review letter, it was noted that

"While the cases define 'Executive Power' only in
quite general terms, it is clear that the essential
attribute of this power is the power to carry out,
implement and administer laws. It is this essen-
tial core power which the separation of powers