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ROBERT L. EHRLICH, JR., Governor H.B. 128
3. On or before January 1, 2001, report to the General
Assembly, subject to § 2-1246 of the State Government Article, on any performance
evaluation developed under this subsection.
(5) The Commission may contract with a private entity to implement the
system required under this subsection provided that the entity is not a hospital or an
ambulatory surgical facility.
(6) (I) THE COMPARABLE EVALUATION SYSTEM ESTABLISHED UNDER
THIS SUBSECTION SHALL INCLUDE HEALTH CARE-ASSOCIATED INFECTION
INFORMATION FROM HOSPITALS.
(II) THE COMPARABLE EVALUATION SYSTEM SHALL ADHERE, TO
THE EXTENT POSSIBLE, TO THE CURRENT RECOMMENDATIONS OF THE FEDERAL
CENTERS FOR DISEASE CONTROL AND PREVENTION (CDC) AND THE CDC
HEALTHCARE INFECTION CONTROL PRACTICES ADVISORY COMMITTEE REGARDING
PUBLIC REPORTING OF HEALTH CARE-ASSOCIATED INFECTIONS.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
July 1, 2006.
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May 26, 2006
The Honorable Michael E. Busch
Speaker of the House
State House
Annapolis, MD 21401
Dear Mr. Speaker:
In accordance with Article II, Section 17 of the Maryland Constitution, today I have
vetoed House Bill 128 - Baltimore City - Housing - Proposed Development - Notice to
Community Association.
This bill provides that before a developer may obtain a permit from Baltimore City for
the construction of a development in Baltimore City consisting of 20 or more housing
units within the boundaries of a community association, as defined in Real Property
Article, Section 14-123, the developer shall:
1. Notify the community association of the proposed development; and
2. Attend a scheduled meeting of the community association or a committee
or subcommittee of the association and consult with the members of the community
association who attend the meeting.
The Attorney General, in his May 9, 2006 bill review letter, observed that the
Maryland Constitution in Article XI-A, Section 1 permits the counties and Baltimore
City to adopt a charter form of government, and Baltimore City has done so.
Among the "express powers" granted to Baltimore City through and under its
Charter, is the authority "to regulate the location, construction, use, operation,
maintenance and removal of buildings and structures, or any part thereof, of every
kind". Through House Bill 128, the General Assembly impermissibly attempted to
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- 3509 -
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