4092

VETOES

County to serve alcoholic beverages on Sundays between the hours
of 1 P.M. and midnight" the provisions of this Act shall become
effective on the 30th day following the official canvass of votes
for the referendum, but if a majority of the votes cast in the
election are "Against allowing restaurants in Garrett County to
serve alcoholic beverages on Sundays between the hours of 1 P.M.
and midnight" the provisions of this Act shall be of no effect
and null and void.

SECTION 3. AND BE IT FURTHER ENACTED, That subject to the
provisions of Section 2 herein and for the sole purpose of
providing for the referendum therein required, this Act shall
take effect on July 1, 1984.

May 29, 1984
The Honorable Benjamin L. Cardin
Speaker of the House of Delegates
State House
Annapolis, Maryland 21404

Dear Mr. Speaker:

In accordance with Article II, Section 17 of the Maryland
Constitution, I have today vetoed House Bill 1255.

This bill grants new powers to the Joint Committee on
Administrative, Executive and Legislative Review (AELR) to review
and delay proposed regulations of executive agencies. The AELR
Committee could suspend a proposed regulation, or any portion of
a proposed regulation, until June 1 following the next session of
the General Assembly if the Committee finds the proposed
regulation is unconstitutional, exceeds statutory authority,
fails to comply with legislative intent or is unreasonable or
unnecessarily burdensome. The next session of the General
Assembly could then enact legislation to reject the suspended
regulation, and if the Governor vetoes the legislation, the
suspension would remain in effect until the opportunity for
override elapses. Any proposed regulation or portion of any
regulation that was not suspended during the 45-day review period
could be delayed an additional 45 days by the AELR Committee for
additional review.

The Attorney General has advised me in the attached letter
that this bill is unconstitutional because it violates the
separation of powers clause by authorizing a legislative
committee to exercise powers reserved to the Judicial Branch.
Determining the constitutionality of proposed regulations is
exclusively a judicial function that would be transferred by this
bill to the AELR Committee. The Attorney General has withheld