3082                                                  VETOES

I have no objection to the purpose of this bill. In
fact, I sponsored similar legislation when I was a member of
the Legislature.

However, during the legislative process, several
amendments were adopted to this bill which cause me to veto
the measure. Specifically, the bill provides in subsection
(h) that if, after a hearing, the Department of Natural
Resources concludes that the State has no legal right to
deny a land use change permit, certain events may occur.
The State may purchase the land within the take-lines or
execute an option for purchase, but the landowner may not
initiate the land use change which he originally proposed.
The original version of the bill has required the State in
this instance to purchase the land or execute an option.

I believe that this provision, as amended, leaves the
landowner in the precarious position of awaiting the
Department's decision to purchase his land. Yet he is
prohibited from initiating the procedures for a land use
change for his property. I do not believe that the bill
adequately addresses the rights of the landowner in this
regard.

Both the Secretary of Natural Resources and I are in
support of the intent of Senate Bill 990. The Secretary has
advised me that he intends to submit departmental
legislation to the 1979 General Assembly which will meet the
objectives of the sponsors of Senate Bill 990 and also meet
the objections raised herein with regard to this bill.

For these reasons, and at the request of the Secretary
of Natural Resources, I have decided to veto Senate Bill
990.

Sincerely,
Blair Lee III
Acting Governor

Senate Bill No. 1043 - Municipal Infractions

AN ACT concerning

Municipal Infractions

FOR the purpose of altering the fine that a municipality may
provide for a violation of a municipal ordinance;
providing that a municipality may deem the violation of
certain ordinances to be "municipal infractions";