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ROBERT L. EHRLICH, JR., Governor
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S.B. 796
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(2) THE MARYLAND HISTORICAL TRUST, IN COOPERATION WITH THE
DEPARTMENT OF GENERAL SERVICES, SHALL BE RESPONSIBLE FOR THE
INVENTORY, MAINTENANCE, AND PRESERVATION OF ALL ARTWORK ACQUIRED
THROUGH THE PROGRAM.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
June 1, 2005. It shall remain effective for a period of 5 years and, at the end of May
31, 2010, with no further action required by the General Assembly, this Act shall be
abrogated and of no further force and effect.
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May 20, 2005
The Honorable Thomas V. Mike Miller Jr.
President of the Senate
State House
Annapolis, MD 21401
Dear Mr. President:
In accordance with Article II, Section 17 of the Maryland Constitution, today I have
vetoed Senate Bill 796 - Medical Decision Making Act of 2005.
Senate Bill 796 codifies a new relationship of life partners between two individuals
who meet certain requirements for the purpose of making decisions regarding health
care issues. In addition to codifying a new relationship, Senate Bill 796 confers
several important rights to qualifying couples to help them deal with visitation,
postmortem examination, disinterment, reinterment, and burial issues, among
others.
Current law states that an individual may designate a health care agent to make
medical decisions in the unfortunate event that individual is unable to make decisions
on his or her own behalf. If a health care agent has not been named, the law provides
a list in order of priority of individuals who may make medical decisions for a person
who has been certified as being incapable of making an informed decision. This list
includes: (1) a guardian for the patient if one has been appointed; (2) the patient's
spouse; (3) an adult child of the patient; (4) a parent of the patient; (5) an adult
brother or sister of the patient; or (6) a friend or relative of the patient who meets
certain requirements. Senate Bill 796 states that if a life partner has selected a
health care agent in accordance with State advance health care directive laws, that
health care agent retains authority to make health care decisions, regardless of the
life partnership, until the health care agency has been revoked. The bill, however,
amends current law to give life partners the same status as legally married couples in
terms of medical decision-making.
While I am sympathetic to the needs of mutually dependent couples and want to
support compassionate efforts to expedite health related decisions for Marylanders in
need, ultimately I am disappointed in the current form of Senate Bill 796 and am
therefore unable to support it. Instead of addressing the mechanics of expediting
health care decisions, Senate Bill 796 codifies a new relationship of life partner and
could lead to the erosion of the sanctity of traditional marriage as already codified in
Maryland law.
- 3899 -
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