4038

VETOES

Maryland Constitution, I have today vetoed House Bill
1078.

This bill provides that a person may not sell or
offer for sale any horse or other equine unless the
animal has had a negative test as prescribed by the State
Department of Agriculture within six months prior to
sale.

As introduced, the bill specified that the test to
be administered was the "Coggins Test". During the
legislative process, however, this provision was deleted
from the bill, and as enacted provides only that the
animal must have "a negative test as prescribed by the
State Department of Agriculture." With the deletion of
the name of the test to be administered, there is some
uncertainty as to the intent of the General Assembly in
enacting House Bill 1078, particularly since the
Secretary of Agriculture has the power under §3—105 of
the Agriculture Article of the Code, to "test any animal
for any contagious disease by any method".

The original purpose of House Bill 1078 was to
require testing to control Equine Infectious Anemia. The
Secretary of Agriculture informs me that he is presently
proposing regulations to effectuate a program which will
require such testing within a twelve month period. In
order to evaluate the development of this program, the
Secretary has requested that I veto House Bill 1078,
which mandates a six month testing requirement.

For these reasons and because of the unclarity
created by the amended version of House Bill 1078 which
deleted reference to a specific test to be administered,
I have decided to veto House Bill 1078.

Sincerely,

/s/ Marvin Mandel

Governor

Letter from State Department of Agriculture on H. B. 1078

April 24, 1975
Honorable Marvin Mandel
Governor
State House
Annapolis, Maryland 21204

Dear Governor Mandel:

Your attention is directed to House Bills 1077 and
1078 of which I am deeply concerned.