Marvin Mandel, Governor                        1929

tions; AND MAKING PROVISION FOR CERTAIN PAYMENTS
FOLLOWING AND AS A RESULT OF THE LICENSE AND
DATES SO AWARDED.

May 28, 1971.

Honorable Thomas Hunter Lowe
Speaker of the House of Delegates
State House
Annapolis, Maryland 21404

Dear Mr. Speaker:

In accordance with Article II, Section 17, of the Maryland Con-
stitution, I have today vetoed House Bill 1128.

As originally introduced, House Bill 1128 added a new Section
18B (e) to Article 78B of the Annotated Code of Maryland. The bill
authorized the Racing Commission to award a license and racing
dates to a joint venture consisting of the Agricultural and Mechanical
Association of Washington County (herein called "Hagerstown")
and the Southern Maryland Agricultural Fair Association of Prince
George's County (herein called "Marlboro"). Under the bill the
Racing Commission could award the racing dates heretofore awarded
to Hagerstown, to the joint venture, and could approve agreements
between the two tracks providing for the running of the Hagers-
town dates at the Marlboro track for a period aggregating not more
than nine years. In the event that the joint venture is awarded
the license and dates for running at the Marlboro Track during
nine calendar years, Hagerstown shall be deemed to have forfeited
its rights to conduct racing after the ninth year, and its racing dates
shall thereafter be awarded to Marlboro in addition to Marlboro's
own racing days.

The bill in its original form is similar to Article 78B, Section
18(d), which authorized the transfer of the dates of the Cumberland
Fair Association to the Maryland State Fair and Agricultural Society.

House Bill 1128, however, was amended during its course through
the General Assembly, and, as enacted, contains a provision which
raises serious questions. The Amendment provides that if the Rac-
ing Commission awards the dates of Hagerstown to the joint venture,
then for a period of ten years Marlboro shall pay an amount to be
reviewed by the Racing Commission but not less than $6,000 per
racing date for each racing day transferred. Payment of this sum
of money is to be made to the State Comptroller, and from the pay-
ments the State Comptroller is directed to pay for a period of ten
years, $85,000 per year to Hagerstown if that Association operates
a fair in the particular year. The remainder of the monies received
by the Comptroller are to be credited to the General Funds of the
State Treasury.

Under Article 78B, Section 15(a), the Racing Commission is
authorized to issue licenses to various fairs or agricultural exhibi-
tions. Both Hagerstown and Marlboro may be awarded "not to ex-
ceed eighteen days".

First, it should be noted that the Racing Commission is not re-
quired to award the full number of authorized days to any organiza-
tion. Each calendar year, specific dates are awarded, and the Racing
Commission in any particular year, for any one of numerous reasons,