Marvin Mandel, Governor                         795

68.

(a) Every licensed tobacco commission selling agency shall collect
from the owner or seller of tobacco sold on its sales floor, a fee [at
the rate of five cents per basket or thirty cents per hogshead,] up to
but not exceeding the rate of ten cents per basket or thirty SEVEN-
TY-FIVE cents per hogshead, as the case may be. However, at any
time in less than sixty days prior to the opening of the selling season
in any year the Authority, in consideration of its need for funds in
the next fiscal year of other revenues likely to be available to it and
to funds held on its account by the State Comptroller, may establish
a lower rate for that one season than the rate specified hereinabove
in this subsection; and any such lower rate shall be as deemed by the
Authority a sufficient amount to keep the special fund of the Author-
ity at an adequate level to meet the requirements of this subtitle
relating to the State Tobacco Authority. Such fee shall be collected
at the time any such selling agency is making its first return to the
seller or owner, for the tobacco so sold. All fees so collected shall be
paid over and accounted for it by the selling agency to the Authority,
at the end of each selling day. The Authority or its agent may at any
reasonable time inspect the books and accounts of any such selling
agency to verify the correctness of any such returns.

(b) [All moneys lawfully received by the Authority shall be paid

over and accounted for by the Authority to the State Comptroller.
They shall be held by the Comptroller in a special fund, and disbursed
by his warrant upon proper certification of the Authority,] All
moneys lawfully received by the Authority shall be retained by the
Treasurer of the Authority in a special fund to be disbursed with
the approval of the Comptroller of the State, for any purpose legal
and proper under the provisions of this subtitle, subject after July 1,
1949, to the provisions of the budget provided, however, that on or

after July 1, 1966, any unexpended monies shall remain in such

special fund and shall not revert to the general treasury of the State
at the end of the fiscal year, notwithstanding the provisions of Sec-
tion 2 of Article 15A of this Code or any other provision heretofore
or hereafter enacted by this legislature.

(c) For the fiscal year beginning July 1, 1949, the Governor shall
include in the budget an itemized list of appropriations for the

Authority, to be met from the special funds provided for in this

subtitle and such other amounts as he may deem necessary or

desirable.

SEC. 2. And be it further enacted, That this Act shall take effect

July 1, 1971.

SEC. 2. AND BE IT FURTHER ENACTED, THAT THIS ACT
IS HEREBY DECLARED TO BE AN EMERGENCY MEASURE
AND NECESSARY FOR THE IMMEDIATE PRESERVATION
OF THE PUBLIC HEALTH AND SAFETY AND HAVING BEEN
PASSED BY A YEA AND NAY VOTE SUPPORTED BY THREE-
FIFTHS OF ALL THE MEMBERS ELECTED TO EACH OF THE
TWO HOUSES OF THE GENERAL ASSEMBLY, THE SAME
SHALL TAKE EFFECT FROM THE DATE OF ITS PASSAGE.

Approved May 6, 1971.