WILLIAM DONALD SCHAEFER, Governor

S.B. 406

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Agriculture

8-704.

(a) (3) (I) 1. [Before]         EXCEPT AS AUTHORIZED UNDER

SUB-SUBPARAGRAPH 2 OF THIS SUBPARAGRAPH AND BEFORE the Department of
Agriculture executes a cost sharing agreement with a farm tenant, it shall obtain the
consent of the landlord to the terms and conditions of the agreement.

2. IF A COST SHARING AGREEMENT WITH A FARM TENANT
CONCERNS A SHORT TERM PROJECT, AS DEFINED BY REGULATION, THE
DEPARTMENT MAY EXECUTE THE AGREEMENT WITHOUT THE CONSENT OF THE
LANDLORD IF:

A.       THE AGREEMENT CONCERNS A SHORT-TERM PROJECT
THAT INVOLVES ONLY THE PLANTING OF A COVER CROP; AND

B.       THE DEPARTMENT HAS SENT BY FIRST-CLASS MAIL
WRITTEN NOTICE OF A COVER CROP PROJECT TO THE LANDLORD AT LEAST 10
CALENDAR DAYS BEFORE EXECUTING THE AGREEMENT FOR THE FIRST COVER
CROP PROJECT DURING THE TERM OF THE LEASE.

(II) The Department may also require the granting to the State of an
appropriate security interest in any equipment, structures or similar items purchased with
State moneys.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 1993.

May 27, 1993

The Honorable Thomas V. Mike Miller, Jr.

President of the Senate

State House

Annapolis, Maryland 21401

Dear Mr. President:

In accordance with Article II, Section 17 of the Maryland Constitution, I have today
vetoed Senate Bill 406.

Senate Bill 406 would authorize a court to entertain an action under the Maryland Tort
Claims Act even though the notice required under the statute was not submitted to the
Treasurer within 180 days after the injury that is the basis of the claim. Further, the bill
raises and sets into statute the cap on the State's liability.

Current law provides that a claimant may not institute an action under the Maryland Tort
Claims Act unless:

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