BLAIR LEE III, Acting Governor

3229

In accordance with Article II, Section 17 of the
Constitution of Maryland, I have today vetoed House Bill
1477.

This bill requires the appointment of additional
consumer members to certain boards established under the
State Department of Health and Mental Hygiene.

As originally drafted, House Bill 1477 required the
appointment of two persons, as consumer representatives, to
every board, commission, council, or any other regulatory
body or office established under State law or court rule,
except for such bodies in the State Department of Licensing
and Regulation. During the legislative process, amendments
were adopted to the bill which drastically altered its
application. House Bill 1477 now requires the appointment
of "one or more" persons to any board in the Department of
Health and Mental Hygiene which has "jurisdiction over a
group of persons engaged in a particular occupation...".
Specifically excluded are the Boards of Medical Examiners
and Examiners of Nurses.

As a result of the amendments adopted to House Bill
1477, I believe that it is fraught with so many ambiguities
as to -jeopardize its laudable purpose in the application of
its provisions.

House Bill 1477 applies to at least 15 boards and
commissions in the Department. It will allow the
appointment to these boards and commissions of any number of
persons as consumer representatives if they are "qualified
by experience to represent the interests of consumers of the
service...", and if they have no "financial interest in any
person subject to the jurisdiction of a respective board."
There are obvious problems created by attempting to amend
the composition of so many regulatory boards by general
reference. I do not believe that it is in the best
interests of the State to allow the open—ended appointment
of consumer members to these boards. In addition, a
definition of the term "financial interest", as it may apply
to these appointees, is totally lacking in the bill.

Current law provides for the appointment of consumer
representatives or members of the general public to 7 of the
boards and commissions affected by House Bill 1477. Yet the
bill requires the appointment of "additional" consumer
members to all of these bodies. This practice may severely
complicate the current balanced composition of these groups.

I am fully supportive of the concept of House Bill
1477. In fact, I have taken steps to implement the
provisions of a similar law passed in 1974 which requires
the appointment of consumer representatives to regulatory
groups within the Department of Licensing and Regulation.