A hearing in Annapolis this afternoon to discuss a county proposal to lift the three-year sunset clause on the senior property tax cap in St. Mary’s County was cancelled amid a claim by a state agency that the county’s legislation creating the tax cap is unconstitutional.

Someone within the Maryland Department of Assessments and Taxation attached a comment on the bill under consideration, stating the senior tax cap program is unconstitutional, St. Mary’s Commissioner President Tommy McKay announced Tuesday. The announcement took county officials by surprise.

“This is not the attorney general’s opinion, and it is very difficult for me first of all figure out why this department is weighing in,” McKay said. “It doesn’t indicate what authority they have to comment on the constitutionality of the bill.”

“And number two, how they could call the county bill unconstitutional when it was the state enabling legislation that we followed in adopting our local legislation,” McKay continued.

The law adopting the tax cap, which freezes the local property tax rate for 70-year-old landowners and their spouses, was passed by the Commissioners two years ago on a motion and second by Commissioners Larry Jarboe and Kenny Dement. Commissioners Dan Raley and Tom Mattingly voted against the provision.