S.B. 309
VETOES
The Honorable Thomas V. Mike Miller, Jr.
Senate President
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 309 - State Government - Administrative Procedure Act - Proposed
Regulations.
Senate Bill 309 requires all executive branch agencies to submit a proposed
regulation to the Department of Legislative Services in addition to the Joint
Committee on Administrative, Executive, and Legislative Review (AELR) at least 15
days before the proposed regulation is submitted to the Maryland Register for
publication. The amount of time an executive agency must wait prior to adopting a
proposed regulation, subsequent to the AELR Committee's request for an additional
period of review, is extended by 30 days from the seventy-fifth to the one-hundred
and fifth day following the initial publication of the regulation in the Maryland
Register. Senate Bill 309 also alters the process by which the AELR Committee
approves an emergency regulation. The provisions of the bill enable the presiding
chairman or co-chairman to approve a proposed emergency regulation only when the
committee staff tries, but is unable to contact a majority of committee members in a
timely manner and immediate adoption is necessary to protect the public health or
safety.
I have vetoed Senate Bill 309 because it significantly alters the State's regulatory
review process in several ways that potentially undermine the authority of the
Executive Branch. The Administrative Procedure Act in Maryland establishes the
process for adopting proposed regulations. The current process provides the
legislature, through the AELR Committee, a means for overseeing the issuance of
regulations and encourages cooperation and discussion between the Legislative and
Executive Branches. According to the Department of Legislative Services Fiscal and
Policy Note, the AELR Committee received only 89 regulations by Executive Branch
agencies in 2003 for emergency approval.
Accordingly, the amended provisions to the Administrative Procedure Act would
unduly undermine the authority of the office of the Governor, particularly relating to
the approval of emergency regulations. For the above stated reason, I have vetoed
Senate Bill 309.
Very truly yours,
Robert L. Ehrlich, Jr.
Governor
Senate Bill No. 309
AN ACT concerning
State Government - Administrative Procedure Act - Proposed Regulations
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