2850

VETOES

benefit of owners and trainers who travel among the
racing states to participate in racing meets. The
Commission further informs me that at least one state has
recently changed from a six month to a twelve month
testing period, because it found the six month period to
be impractical in view of the testing period in the other
racing states. A copy of the Commission's letter is
attached to and should be considered a part of this veto
message.

In addition, while House Bill 1626 defines the term
"official test" for the purposes of the bill, the term is
not used in the remainder of new Section 3—106.1. The
term "negative test" is used. Although I do not believe
that this discrepancy renders House Bill 1626 legally
insufficient, I think that there is a lack of clarity as
regards the tests intended by the General Assembly to be
administered.

Finally, House Bill 1626 exempts certain horses from
the six month testing mandate. Although the introductory
bill required the Secretary of Agriculture to provide by
regulation for these exempted animals, an amendment to
the bill removed this authority. I feel that the
Secretary should have regulatory authority over animals
exempted from the testing law.

I further believe that, since existing testing
regulations have proved to be successful for both the
Department and the Maryland Racing Commission, it would
be unwise to sign into law a conflicting testing program
which may cause great inconvenience to the racing
industry in Maryland. Should it later become practical
and advisable to strengthen the requirements, the
Secretary, by regulation, may adopt a six month test
requirement. However, I think that the Secretary should
have the latitude to act in the best interests of the
program. At this time, the evaluation of the testing
program indicates that the twelve month requirement is
preferable for Maryland.

For these reasons, I have decided to veto House Bill
1626.

Sincerely,
Marvin Mandel
Governor

House Bill No. 1627 - Sale of Horses