ROBERT L. EHRLICH, JR., Governor                         H.B. 1062

(D) AFTER THE LOT OWNERS IN THE DEVELOPMENT AGREE TO THE
DELETION OF A RECORDED COVENANT OR RESTRICTION THAT RESTRICTS
OWNERSHIP BASED ON RACE OR, RELIGIOUS BELIEF, OR NATIONAL ORIGIN AS
PROVIDED IN SUBSECTION (A) OF THIS SECTION, THE GOVERNING BODY OF THE
HOMEOWNERS ASSOCIATION SHALL RECORD WITH THE CLERK OF THE COURT IN
THE JURISDICTION WHERE THE DEVELOPMENT IS LOCATED AN AMENDMENT TO
THE DEEDS OR OTHER DECLARATIONS THAT INCLUDE THE RECORDED COVENANT
OR RESTRICTION, EXECUTED BY AT LEAST 85% OF THE LOT OWNERS IN THE
DEVELOPMENT, THAT PROVIDES FOR THE DELETION OF THE RECORDED COVENANT
OR RESTRICTION FROM THE DEEDS OR DECLARATIONS OF THE PROPERTY IN THE
DEVELOPMENT.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2004.

May 25, 2004

The Honorable Michael E. Busch
Speaker of the House of Delegates
State House
Annapolis, MD 21401-1991

Dear Mr. Speaker:

In accordance with Article II, Section 17 of the Maryland Constitution, today I have
vetoed House Bill 1062 - St. Mary's County - Deputy Sheriffs - Command-Level
Appointees.

House Bill 1062 authorizes the St. Mary's County Sheriff to appoint command-level
staff subject to the approval of the St. Mary's County Commissioners. The bill
requires the county commissioners and the sheriff to set the number, rank, and
salaries of command-level positions and to approve their creation, continued
existence, funding, or reestablishment. When the appointment to the command-level
position ends by an action of the sheriff, the failure of the county to fund the position,
or by the rescission of the approval for that position, the individual serving in the
command—level position must return to the rank held before the appointment or to
the higher rank for which the individual would have qualified while serving as a
command-level appointee.

The St. Mary's County Delegation sponsored House Bill 1062 at the request of the
Board of County Commissioners. As introduced, it allowed the County Commissioners
to set the number, rank, and salaries of the command-level positions, and to make
additional decisions relating to these positions. An amendment was added in the
House Environmental Matters Committee that allowed the County Commissioners
"and the Sheriff to make these determinations.

All five County Commissioners of St. Mary's County have requested that this bill be
vetoed. They object vehemently to the amendment that gives the sheriff co-decision
making authority in these matters. In opposition, they have stated that House Bill
1062 interferes with their legislative authority and creates confusion and ambiguity

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