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Session Laws, 1982
Volume 742, Page 5017   View pdf image
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HARRY HUGHES, Governor

5017

SECTION 2. AND BE IT FURTHER ENACTED, That this Act is
not intended to be construed so as to completely bar any
person from a cause of action or remedy in a situation where
that person would have an available cause of action or
remedy except for the operation of this Act.

SECTION 3. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1982.

June 1, 1982
The Honorable James Clark, Jr.
Senate of Maryland
State House
Annapolis, Maryland 21404

Dear President Clark:

In accordance with Article II, Section 17 of the
Maryland Constitution, I have today vetoed Senate Bill 240.

The original intent of the bill, which is evident from
the language of the bill as introduced, was to exempt
operators of certain emergency vehicles from liability for
negligent, but not malicious or grossly negligent, acts or
omissions while performing emergency services. The bill
would have further provided that the responsibility for
those acts would be shifted to the owners or lessees of
emergency vehicles, including the political subdivisions of
the State. I wholeheartedly support the original intent of
the bill.

The bill as originally drafted and as amended has given
rise to certain severe interpretive problems which the
Attorney General believes will unnecessarily perplex both
courts and litigants. A copy of the Attorney General's
letter of advice to me is attached. I agree with the
Attorney General that the enactment of this bill may not
assure that its original intent will be given effect after
it has been tested through the judicial process. For that
reason, I have decided to veto Senate Bill 240.

Sincerely,
Harry Hughes
Governor

June 1, 1982

REVISED LETTER

 

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Session Laws, 1982
Volume 742, Page 5017   View pdf image
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