Governor Martin O'Malley Announces Veto Intentions

 

ANNAPOLIS, MD (May 18, 2009) - Governor Martin O’Malley announced today his intention to veto two bills passed by the General Assembly during the 2009 Legislative Session.

Senate Bill 72, Higher Education – Institutions of Postsecondary Education – Exempt Institutions, prohibits an institution of postsecondary education that may operate without a certificate of approval issued by the Maryland Higher Education Commission (MHEC) from making reference to its approval or exemption from approval on any certificate, diploma, academic transcript or in advertisements, publications, or on a web site.  A violator is subject to a fine of up to $5,000 for each violation.  This legislation is designed to protect Maryland students by prohibiting organizations that are exempt from accreditation by MHEC from making a reference to that exemption in diplomas or other documents. 

While Governor O’Malley supports the intention of SB72, the Attorney General has advised the Governor that the bill “presents an unconstitutional restraint on truthful commercial speech” in violation of the First Amendment of the United States Constitution.  In the Attorney General’s view, the legislation not only prohibits misleading advertising by exempt institutions, it also prohibits truthful advertising in violation of the First Amendment.

In addition, Governor O’Malley will veto Senate Bill 721, Private Wastewater Treatment Act of 2009.  This legislation is cross-filed with House Bill 1105, which the Governor intends to sign.  Both Senate Bill 721 and House Bill 1105 prohibit the installation of an individual sewerage system for residential use except upon the Department of Environment’s approval when an existing on-site sewage disposal system fails and cannot be repaired or replaced by any means.  “Individual sewerage system” is defined under both bills as a privately owned system of sewers, piping and treatment tanks that serves a single lot and discharges to the surface waters of the State.   Senate Bill 721 specifies that the term “individual sewerage system” does not include a “septic tank disposal system.”  House Bill 1105 does not include this same language.   “Septic tank disposal system” is not a defined term under the bill, nor in current Maryland statute or regulation.

Based upon discussion on the House floor when the language was added, it is clear that the legislature’s intent was to exclude private septic systems from the definition of “individual sewerage system.”  However, the terminology it used to do so - “septic tank disposal system” - is not defined anywhere in Maryland statute or regulation.  In an attempt to clarify that the provisions of the bill did not apply to “private septic systems,” the use of an undefined term in fact created uncertainty regarding the meaning of the final provisions of Senate Bill 721.  Therefore, because of the uncertainty and the conflicting interpretations that could result from adding the undefined term “septic tank disposal system” to Maryland law and the passage of House Bill 1105, which meets the policy objectives of the original bill, Governor O’Malley intends to veto Senate Bill 721. 

 

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