H.B. 349                                                 VETOES

SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 1994.

May 26, 1994

The Honorable Casper R. Taylor, Jr.
Speaker of the House of Delegates
State House
Annapolis, Maryland 21401

Dear Mr. Speaker:

In accordance with Article II, Section 17 of the Maryland Constitution, I have today
vetoed House Bill 349.

House Bill 349 would alter the burden of proof the District Court must use in
adjudicating an alleged violation of a zoning ordinance. The bill would require the
government to prove the defendant's guilt by clear and convincing evidence.

The title of House Bill 349 states that the bill's purpose is to alter the "standard of proof
for the conviction a violation of certain civil zoning violations provisions from a criminal
burden standard to a preponderance of evidence standard". However, the body of the bill
changes the burden of proof to clear and convincing evidence.

Article III, Section 29 of the Maryland Constitution provides that 'every Law
enacted by the General Assembly shall embrace but one subject, and that shall be
described in its title.' The test for determining whether the title of an act is so faulty
that it violates this provision is whether there is a likelihood that the title may have
led to a misconception of the enactment. Pressman v. State Tax Commission, 204
Md. 78 (1959). (Attorney General Bill Review Letter May 18, 1994.)

According to the Attorney General, the contradiction between the title and the body of
the bill violates Article III, Section 29 of the Maryland Constitution and advises that the
unconstitutional nature of the bill warrants my veto.

For these reasons, I have vetoed House Bill 349.

Sincerely,

William Donald Schaefer

Governor

May 18, 1994

The Honorable William Donald Schaefer

Governor of Maryland

State House

Annapolis, Maryland 21401

Re: House Bill 349

Dear Governor Schaefer:

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