3028

VETOES

Annapolis, Maryland 21404

Re: Senate Bill 435, House Bill 766, and Senate Bill 92

Dear Governor Lee:

Senate Bill 435 and House Bill 766, which are the
administration bills, provide for the subclassification of
homestead property and the increase in the inflation
allowance for that property. The bills amend Article 81,
Section 14(a) and (b)(1), Section 232C(c) and (d) and add
Section 14A. In our Opinion to you of March 8, 1978, we
reviewed these bills and concluded that they were
constitutional. Since that time, minor amendments have been
made to the bills including provision for notice of the
special inflation allowance in the tax bill and provision
for refund to taxpayers who fail to receive the special
allowance. (Section 14(b) (1) (iv)). These amendments do not
change our opinion as to constitutionality.

Senate Bill 92 also amends portions of Section 14
(Section 14(b)), Section 232C(d) and adds Section 232C(h)
and (i) and Section 29(h). This bill requires the local
subdivisions to establish the inflation allowance applicable
for purposes of local taxation. He are of the opinion that
if Senate Bill 435 or House Bill 766 is signed, Senate Bill
92 should not be. If Senate Bill 92 were to be signed prior
to either Senate Bill 435 or House Bill 766, the enactement
of either of those two bills would repeal portions of
Section 14(b) referring to locally established inflation
rates, but leave others in force. Provisions in Section 29
and Section 232C relating to locally established inflation
rates would also remain in force. If Senate Bill 92 were
signed after Senate Bill 435 or House Bill 766, Senate Bill
92 would have the effect of repealing the special inflation
allowance for homestead property.

Very truly yours,
Francis Bill Burch
Attorney General

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