S.B. 797                                                  VETOES

CONSTRUED TO REQUIRE A LOCAL JURISDICTION TO CONSIDER AN ADDITIONAL
DWELLING UNIT AS PART OF A PRIMARY DWELLING UNIT FOR THE PURPOSE OF THE
DENSITY CALCULATION UNDER THIS SUBSECTION.

(III) AN ADDITIONAL DWELLING UNIT MEETING ALL THE CRITERIA
UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH THAT IS SEPARATE FROM THE
PRIMARY DWELLING UNIT MAY NOT BE SUBDIVIDED OR CONVEYED SEPARATELY
FROM THE PRIMARY DWELLING UNIT.

(3)      (I) EACH LOCAL JURISDICTION SHALL:

1.       MAINTAIN RECORDS OF ALL BUILDING PERMITS ISSUED
UNDER THIS SUBSECTION FOR ADDITIONAL DWELLING UNITS CONSIDERED PART OF
A PRIMARY DWELLING UNIT; AND

2.       PROVIDE THIS INFORMATION ON A QUARTERLY BASIS TO
THE COMMISSION.

(II) BEGINNING ON NOVEMBER 1, 2004 AND ANNUALLY
THEREAFTER THE COMMISSION SHALL REPORT, SUBJECT TO § 2-1246 OF THE STATE
GOVERNMENT ARTICLE, TO THE SENATE EDUCATION, HEALTH, AND
ENVIRONMENTAL AFFAIRS COMMITTEE, THE HOUSE ENVIRONMENTAL MATTERS
COMMITTEE, AND THE JOINT COMMITTEE ON THE CHESAPEAKE AND ATLANTIC
COASTAL BAYS CRITICAL AREA REGARDING THE CONSTRUCTION OF ADDITIONAL
DWELLING UNITS CONSIDERED PART OF A PRIMARY DWELLING UNIT UNDER THIS
SUBSECTION.

(4)      THE PROVISIONS OF THIS SUBSECTION:

(I)      APPLY TO DENSITY CALCULATIONS ONLY; AND

(II)     MAY NOT BE CONSTRUED TO AUTHORIZE A LOCAL
JURISDICTION TO GRANT A VARIANCE, UNLESS THE VARIANCE IS GRANTED IN
ACCORDANCE WITH THE REQUIREMENTS OF § 8-1808(D) OF THIS SUBTITLE.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be
construed to apply only prospectively and may not be applied or interpreted to have
any effect on or application to any dwelling unit in existence or for which all necessary
permits for construction had been issued before the effective date of this Act.

SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take
effect June 1, 2004.

May 26, 2004

The Honorable Thomas V. Mike Miller, Jr.
President of the Senate
State House
Annapolis, MD 21401

Dear Mr. President:

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