3222

VETOES

State House

Annapolis, Maryland 21404

Dear Mr. Speaker:

In accordance with Article II, Section 17 of the
Maryland Constitution, I have today vetoed House Bill 1343.

This bill provides for the establishment and licensure
of private group homes for mentally retarded individuals.

Senate Bill 893, which was enacted by the General
Assembly and signed by me on May 29, 1978, accomplishes the
same purpose.

Both bills specify that the Secretary of Health and
Mental Hygiene is to consider in his site selection general
zoning ordinances. The Senate Bill, however, specifies that
the general zoning ordinances are applicable as to height
and size of improvements, and land area that may be covered,
open space requirements, permissible density, and
permissible use of land and improvements. Comparable
provisions were stricken by amendment from House Bill 1343.

The General Assembly recognized in the preamble of both
of these measures the importance of the compatibility of
State law with local zoning practices in the placement of
homes for mentally retarded individuals and sought to
encourage the standardization of site requirements for these
homes. An integral part of this aim is the delineation of
the applicability of local zoning ordinances. I believe
that the Department of Health and Mental Hygiene and the
Mental Retardation Administration can better administer the
intention of this law with the benefit of the legislative
guidance provided by the provisions in Senate Bill 893.

For these reasons, and at the request of the Secretary
of Health and Mental Hygiene, I have decided to veto House
Bill 1343 in favor of Senate Bill 893.

Sincerely,
Blair Lee III
Acting Governor

House Bill No, 1359 — Review of Federal Grant—in—Aid
Applications

AN ACT concerning