Marvin Mandel, Governor                        1085

(1969 Replacement Volume), title "Racing Commission," subtitle
"In General," to prohibit the letting of construction contracts
for work at race tracks in the State of Maryland to companies
owned wholly or in part by any race track in the State of Mary-
land, and to require competitive bidding for each and every project
to be funded by the Racing Fund UNLESS EXEMPTED BY THE
COMMISSION.

Section 1. Be it enacted by the General Assembly of Maryland,
That Section 12(c) of Article 78B of the Annotated Code of Mary-
land (1957 Edition), (1969 Replacement Volume), title "Racing
Commission," subtitle "In General," be and it is hereby repealed
and re-enacted, with amendments, to read as follows:

12.

(c) The amount of the Racing Fund on hand at any time, repre-
senting the deductions made by any particular licensee from the
mutuel pool, previously deducted by such licensee and paid to the
State as a tax, may, with the prior written and express permission
of the Commission, upon such terms and conditions as it may pre-
scribe, be granted by the Commission to that particular licensee as a
contribution to its capital for any substantial alterations, additions,
changes, improvements or major repairs to or upon the property
owned or leased by such licensee and by it used for the conduct of
racing. The Commission shall in no case grant permission for the
above mentioned projects unless the licensee shows that the contract
for such work was let under an unrestricted competitive bidding
procedure UNLESS THE PROJECT IS EXEMPTED BY THE
RACING COMMISSION BECAUSE OF ITS UNUSUAL NATURE.
In determining whether to make such grant or grants as
contributions to capital of any portion of the Racing Fund, the
Commission shall give due consideration to whether its expenditure
in each instance will promote the safety, convenience and comfort
of the racing public and horse owners and generally whether it will
tend toward the improvement of racing in this State. In no case
shall improvements be made at a race track in the State of Mary-
land under a contract or otherwise with any construction company
owned wholly or in part by any individual, partner, or corporation
which owns or operates a race track by the State of Maryland. In the
fiscal year 1952, any amount granted by the Commission, as pro-
vided in this section, is hereby appropriated by the State, out of such
tax collected in the fiscal year 1952, and out of the Racing Fund on
hand on July 1, 1951, to the licensee involved for the purposes
allowed by the Commission as herein authorized. For the fiscal year
1953 and for every fiscal year thereafter, the Governor shall include
in his budget or any supplemental budget the estimated receipts to
be derived from the imposition of such tax during such fiscal year
and any unexpended balance on hand in the Racing Fund at the
beginning of such fiscal year, less any reversion of the same as
hereinafter provided, to be granted by the Commission to such
licensee as provided in this section. If amounts equal to the deduc-
tions herein provided made by any licensee for any calendar year
shall neither have been spent or binding commitments have been
entered into for their expenditures as grants to licensees within
three (3) years from the last day of the year of collection, the
unspent portion of such years' deduction and tax payment shall