ROBERT L. EHRLICH, JR., Governor

H.B. 253

(3) THE DEPARTMENT THAT LICENSES THE GROUP HOME SHALL
NOTIFY ANY GROUP HOME UTILIZED UNDER THE PROVISIONS OF THIS SECTION OF
THE REQUIREMENTS OF § 7-309 OF THE EDUCATION ARTICLE.

(b)     (1) The Department shall reimburse these corporations for the cost of
these services at appropriate monthly rates that the Department determines, as
provided in the State budget.

(2) The reimbursement rate may differ between homes and institutions
that provide intermediate services, as defined by the Department, and homes and
institutions that provide full services.

(c)      The Department, or the Department's designee, may not place a child in a
residential group home or other facility that is not operating in compliance with
applicable State licensing laws.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take
effect July 1, 2003.

May 21, 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 253 - Higher Education - Resident Tuition Charges - Immigrant
Students and United States Military Personnel and Dependents.

Given my own upbringing, I am very sympathetic to the goal of providing educational
opportunities as a means to open doors of opportunity. This bill, however, presents a
difficult issue regarding people who are in this country without legal documentation.
As you know, the first part of House Bill 253 exempts an individual other than a
"nonimmigrant alien" - a term defined in Title 8, Section 1101 of the United States
Code - from paying nonresident tuition at a public institution of higher education in
the State under certain circumstances. An institution may not award a degree to a
student who qualifies for resident tuition charges under the bill until the student files
the required affidavit saying that he or she will file for permanent residency, or pays
the difference between nonresident and resident tuition charges.

The second part of the bill deals with United States military personnel and
dependents, and is largely duplicative of existing policy at Maryland's institutions of
higher education. Those that currently do not receive the benefit of resident tuition in
this part of the bill are veterans who have received an honorable discharge, who do
not meet the ordinary residency requirement but attended and graduated from a
Maryland high school. In light of recent world events, it is appropriate to reward the
men and women who put their lives on the line to protect our freedoms and our way
of life. The addition of this admirable part of the bill late in the legislative session on

- 3553 -