S.B. 389

VETOES

(4) If the landlord, without a reasonable basis, fails to return any part of
the security deposit, plus accrued interest, within 45 days after the termination of the
tenancy, the tenant has an action of up to threefold of the withheld amount, plus
reasonable attorney's fees.

(h) (1) The provisions of subsections (e)(1) and (4) and (g)(1) and (2) of this
section are inapplicable to a tenant who has been evicted or ejected for breach of a
condition or covenant of a lease prior to the termination of the tenancy or who has
abandoned the premises prior to the termination of the tenancy.

(2)     (i) A tenant specified in paragraph (1) of this subsection may
demand return of the security deposit by giving written notice by first-class mail to the
landlord within 45 days of being evicted or ejected or of abandoning the premises.

(ii) The notice shall specify the tenant's new address.

(iii) The landlord, within 45 days of receipt of such notice, shall
present, by first-class mail to the tenant, a written list of the damages claimed under
subsection (f)(1) of this section together with a statement of the costs actually incurred
and shall return to the tenant the security deposit together with simple interest which
has accrued in the amount of [4] 3 percent per annum, less any damages rightfully
withheld.

(3)     (i) If a landlord fails to send the list of damages required by
paragraph (2) of this subsection, the right to withhold any part of the security deposit
for damages is forfeited.

(ii) If a landlord fails to return the security deposit as required by
paragraph (2) of this subsection, the tenant has an action of up to threefold of the
withheld amount, plus reasonable attorney's fees.

(4)     Except to the extent specified, this subsection may not be interpreted to
alter the landlord's duties under subsections (e) and (g) of this section.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2004.

May 26, 2004

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

Dear Mr. President:

In accordance with Article II, Section 17 of the Maryland Constitution, I have today
vetoed Senate Bill 389 - Maryland Pharmacy Act - Practice of Pharmacy -
Administration of the Influenza Vaccination.

This bill alters the definition of the term "practice pharmacy" to include
administering an influenza vaccination in accordance with specified regulations. It

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