H.B. 245                                                 VETOES

3-206.

(a)     (1) The election by a surviving spouse to take an elective share shall be
made [not later than seven months after the date of the first appointment of a
personal representative under a will] WITHIN THE LATER OF:

(I)      NINE MONTHS AFTER THE DATE OF THE DECEDENT'S DEATH;
OR

(II)     SIX MONTHS AFTER THE FIRST APPOINTMENT OF A PERSONAL
REPRESENTATIVE UNDER A WILL.

(2) The court may extend the time for election, before its expiration, for a
period not to exceed three months at a time, upon notice given to the personal
representative and for good cause shown.

3-208.

(b)     (2) Instead of contributing an interest in specific property to the elective
share, a legatee OR LEGATEES, BUT NOT THE PERSONAL REPRESENTATIVE, may pay
the surviving spouse in cash, or other property acceptable to the spouse, an amount
equal to the fair market value of the SURVIVING SPOUSE'S interest in specific
property on the [date the election to take an elective share was made by the spouse]
DATE OR DATES OF DISTRIBUTION.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be
construed to apply only prospectively and may not be applied or interpreted to have
any effect on or application to an estate of a decedent who dies before the effective
date of this Act.

SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2003.

May 22, 2003

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 245 - Residential Child Care Programs - State-Funded Operators
— Licensing Provisions.

This bill requires a licensed operator of a residential childcare program who receives
State funding to meet specified academic needs of a child in the operator's care. The
bill further exempts specified licensed operators from specified requirements, and
requires specified group homes to comply with these provisions. Finally, the bill
requires the department that licenses the group home to notify specified group homes
of these provisions.

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