ANNAPOLIS, MD (May 18, 2011) – Governor Martin O’Malley announced today the veto of four bills passed by the General Assembly during the 2011 Legislative Session:
Senate Bill 330 / House Bill 262 – Frederick County – Nonprofit School Lease – Property Tax Credit requires Frederick County or a municipality in the county to grant a property tax credit for property leased to a nonprofit school and used exclusively for primary or secondary educational purposes. The bill also requires the lessor of real property eligible for the property tax credit to reduce the amount of taxes for which a nonprofit school is contractually liable under the lease agreement by the amount of the property tax credit. The intention of the bill was to exempt public charter schools from having to pay property taxes on property leased by a school from a private owner. However, as amended, the bill grants a property tax exemption to all private schools that lease property in Frederick County. Because of this unintended result, the sponsors have requested a veto. Read Governor O’Malley’s veto letter for Senate Bill 330 / House Bill 262 here.
Senate Bill 270 – Alcoholic Beverages – Allegany County Board of License Commissioners – Vacancies alters the manner in which members of the Allegany County Board of License Commissioners are appointed, establishing a unique, if not unprecedented, process by subjecting an appointment by the Governor to the advice and consent of a local political central committee. Senate Bill 270 injects a purely political body into a pivotal role in the appointment of a Board that performs a governmental function. The process pursued in Senate Bill 270 politicizes the appointment, and presumably the Board, by empowering political central committees in a unique manner, and to an even greater extent than they are involved in the appointment of our local election boards. Read Governor O’Malley’s veto letter for Senate Bill 270 here.
House Bill 22 – Courts – Attorneys – Subpoena Procedures and Forms of the Circuit Courts, as originally introduced, required the courts to adopt uniform subpoena procedures and forms to be used in circuit courts throughout Maryland. It was later amended to allow attorneys and other officers of the court to obtain signed and sealed subpoenas and to photocopy those subpoenas and use the photocopies for service. The Maryland Judiciary has voiced strong opposition to House Bill 22 and Chief Judge Robert Bell has urged a veto. House Bill 22 relaxes carefully-constructed Rules, according to the Judiciary, and invites misuse of the legal process by removing the safeguard of the clerk and allowing access to court orders by anyone with a copier and a subpoena.
While Governor O’Malley is vetoing the legislation, he agrees with the intent behind its original introduction. It is the Governor’s belief that there should be uniformity in the circuit court subpoena process to ensure that all parties, and their attorneys, have access to due process of law. In the Governor’s official veto letter, he urges the Maryland Judiciary to continue to work towards a uniform process and to ensure that the current Rules, requiring the issuance of unlimited blank subpoenas, are being enforced. Read Governor O’Malley’s veto letter for House Bill 22 here.
Senate Bill 947 / House Bill 1312 – State Retirement and Pension System – Vested Retirement Allowance – Members and Former Members prohibits a former member of a designated retirement and pension plan within the State Retirement and Pension System (SRPS) from receiving a retroactive vested benefit allowance if the member files for vested benefits after normal retirement age. A member must submit a written applic
