Annapolis, Maryland 21401

VETOES

Re: Senate Bill 460

Dear Governor Schaefer:

This is to advise you that we have reviewed for
constitutionality and legal sufficiency Senate Bill 460, a bill
establishing procedures for the regulation and approval of
capital leases. In our view, the bill contains legislative veto
provisions of doubtful validity that might not be severable from
the bill in its entirety.

Senate Bill 460 amends the State Finance and Procurement
Article to regulate the making of capital leases. Such leases
would ordinarily be limited to newly constructed facilities and
are an alternative to the conventional capital construction
process. See page 4, lines 9 and 10 and page 5, lines 6 and 7.
These leases would be subject to preliminary as well as final
approval by the Budget Committees of the General Assembly before
being submitted to the Board of Public Works. See page 5, lines
23-26 and page 6, lines 25-29.

As we have noted on a number of occasions in the past, since
the U.S. Supreme Court's decision invalidating legislative veto
in INS v. Chadha, 462 U.S. 919 (1983), there appears to be scant
legal support remaining for the constitutionality of such
measures. See e.g., Bill Review Letter on H.B. 1516, dated May
8, 1987. Because Chadha involved an interpretation of federal
rather than Maryland constitutional requirements, because we have
not formally overruled our prior opinion on legislative vetoes,
63 Opinions of the Attorney General 125 (1978), and because the
legislative veto provisions we have examined were in most cases
severable from the remainder of the legislation, we have not
ordinarily urged the unconstitutionality of bills containing such
questionable provisions. In this particular case, we note that
the legislative veto provision might not be severable from the
remainder of Senate Bill 460.

For all these reasons, it is our view that Senate Bill 460

contains legislative veto provisions of doubtful

constitutionality that might not be severable from the bill in
its entirety.

Very truly yours,

J. Joseph Curran, Jr.

Attorney General

Senate Bill No. 460

- 5202 -