3984                                                      VETOES

Secretary Wilzack of the Department of Health and Mental Hygiene,
in consultation with the sponsor of House Bill 573 and the
various Health Boards and Commissions, to evaluate the extent to
which oral competency is a problem in all the health occupations
and to develop appropriate statutory guidelines designed to
minimize the possibility for disparate application of this
requirement. In so doing, I note that because House Bill 573
would not take effect until July 1, 1986, it is possible to enact
appropriate legislation at the next Session without interrupting
the proposed implementation schedule contained in House Bill 573.

Therefore, for the above reasons, I have decided to veto
House Bill 573.

Sincerely,
Harry Hughes
Governor

May 25, 1985
The Honorable Harry Hughes
Governor of Maryland
State House
Annapolis, Maryland 21404

Re: House Bill 573

Dear Governor Hughes:

We have reviewed for constitutionality and legal sufficiency
House Bill 573, which requires applicants for a license to
practice certain health occupations to demonstrate "oral
competency" in the English language and provides that graduation
from a "recognized, English-speaking, professional school" is
acceptable proof of proficiency. In reviewing the bill, we have
considered whether it violates the Equal Protection Clause of the
Fourteenth Amendment and we have concluded that while the bill is
facially constitutional it will almost inevitably be administered
so as to invidiously discriminate against the foreign-born and
the disabled.

It has been held that classifications on the basis of
language, without more, do not identify members of a suspect
class of foreign-born persons, Soberal-Perez v. Heckler, 717 F.2d
36, 41 (2d Cir. 1983) cert. den. 104 S.Ct. 1713 (1984). See also
Frontera v. Sindell, 522 F.2d 1215 (6th Cir. 1975); Cormona v.
Sheffield, 475 F.2d 738 (9th Cir. 1973). 1/ Thus, before a
statute which involves classification on the basis of language
will be found to violate Equal Protection, an intent to
discriminate against a suspect class, such as the foreign-born,
must be shown. A showing of intent requires more than a showing
that the Legislature knew that the statute would have a disparate