VETOES

Assembly prior to adoption by the Board of Public Works.
Failure of the Legislative Policy Committee to reject the
proposed change within 30 days after presentation before the
Legislative Policy Committee shall be deemed to be
approval." (Emphasis added)

In his review of this bill, the Attorney General states:

"In our view, it is simply unclear whether the bill sets out
a scheme for prior consultation with the Committee or a
legislative veto."

The Attorney General concluded that the bill should be
construed as constitutionally permissible prior consultation, but
cautioned that this outcome is "not free from doubt" and that a
court might not "reach the same result."

The Public School Construction Program is one of the most
significant programs carried out by state government. It is a
program concerning which the Board of Public Works makes
decisions and takes actions pursuant to the rules, regulations
and procedures of the Board. I fear that the effective
administration of this Program will be impaired if the decisions
and actions taken by the Board are subject to challenge because
of allegations that the procedural requirements of this bill were
not observed in adopting the rules, regulations and procedures
that form the basis for the administration of the Program. Given
the uncertain interpretation of the scope and meaning of this
bill, such challenges could be easily asserted, with results that
could be exceedingly harmful to the Program. For this reason, I
have decided to veto Senate Bill 81.

I recognize the concern of the General Assembly in wanting
to be informed and consulted by the Board of Public Works as it
reviews its rules, regulations and procedures in seeking to . meet
the pressing school construction needs in the State in the coming
decade. For this reason, I have secured the agreement of the
members of the Board of Public Works to adopt a new procedure
under which the Board will consult with the Legislative Policy
Committee prior to adopting any new rule, regulation or procedure
that relates to the Public School Construction Program and that
meets the criteria described in Senate Bill 81. Except for cases
of emergency, the Legislative Policy Committee will have at least
30 days to transmit to the board its views about any such new
rule, regulation, or procedure. I am confident that this new
procedure will effectively address the concern of the General
Assembly as expressed in Senate Bill 81.

Sincerely,
William Donald Schaefer
Governor

- 3514 -