MARVIN MANDEL, Governor                        2825

***We note that the decisions of the circuit court of a
single county are not binding throughout the State.
However, we believe the Court's discussion of this issue
is both instructive and persuasive.

House Bill No. 998 - Interest on Tax Refunds

AN ACT concerning

Taxes — Rate of Interest on Refund

FOR the purpose of providing that the rate of interest on
refund of taxes upon final determination of an
appeal shall be at the same interest rate as charged
for taxes overdue and in arrears; deleting reference
to a specific interest rate [[and references to
sections of the article]]; and clarifying language.

May 17, 1976.
Honorable John Hanson Briscoe
Speaker of the House of Delegates
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
998.

The principal purpose of this bill was to change the
rate of interest payable on property tax refunds from 6%
to the rate which would be charged for overdue taxes, and
to provide that the refund would be payable by the State
Department of Assessments and Taxation. Unfortunately,
some poorly drafted amendments were added to the bill,
and, as passed, the bill is completely unclear. It now
reads as follows:

"Upon final determination of any appeal, any
money paid by the taxpayer in excess of the amount
properly chargeable under the determination, shall
be refunded with interest at the same rate of six
per cent. (6%) per annum from the date of payment
to the date of refund. The sources of refund shall
be as specified in the applicable provisions of §§
213 to 219, inclusive, of this article interest
which taxes bear which are determined to be overdue
and in arrears for the period that they are overdue
and in arrears, as provided in this article. The