Ch. 239                             MARVIN MANDEL, Governor                                 611

Approved May 7, 1973.

CHAPTER 239
(Senate Bill 718)

AN ACT to repeal and re-enact, with amendments, Sections 38A(b) and 43 of
Article 89B of the Annotated Code of Maryland ([[1969 Replacement Volume
and]] 1972 Supplement), title "State Roads," subtitle "Distribution and Use of
Special Funds," to correct certain errors in the laws relating generally to
highway user revenues and permits for digging up highways.

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That Sections 38A(b) and 43 of Article 89B of the Annotated
Code of Maryland ([[1969 Replacement Volume and]] 1972 Supplement), title
"State Roads," subtitle "Distribution and Use of Special Funds," be and they are
hereby repealed and re-enacted, with amendments, to read as follows:

38A.

(b) As used herein "highway user revenues" shall mean the funds credited to
the gasoline and motor vehicle revenue account of the Transportation Trust Fund
except the net proceeds of the tax collected under § 136(h) of Article 56, and shall
include motor vehicle gasoline tax, motor vehicle titling tax, motor vehicle
registration fees, fines credited to the Motor Vehicle Revenue Fund prior to July 1,
1971, operators' license fees, titling fees, and miscellaneous, revenues of the Motor
Vehicle Administration credited to the Motor Vehicle REVENUE Fund prior to
July 1, 1971, and fees from overweight and oversized permits issued by the State
Highway Administration after deductions provided prior to July 1, 1971, in Article
56, Article 66-1/2 and Article 81 of the Annotated Code (1957 Edition as
amended).

43.

No opening shall be made in any such highway, nor shall any structure be
placed thereon, nor shall any structure which has been placed thereon be changed
or renewed except in accordance with a permit from the Commission, which shall
exercise complete control over such highways, except as herein otherwise provided.
No State highway shall be dug up for laying or placing pipes, sewers, poles or
wires or railways, or for other purposes, and no trees shall be planted or removed
or obstructions placed thereon without the written permit of the State Roads
Commission, or its duly authorized agent, and then only in accordance with the
regulations of said Commission; and the work shall be done under the supervision
and to the satisfaction of said Commission; and the entire expense of replacing the
highway in as good condition as before shall be paid by the person to whom the
permit was given or by whom the work was done; provided, however, that any
municipal corporation not now by law required to obtain a permit as herein
provided shall not be required to obtain a permit under the provisions of this
section; provided, however, that no electric railway company in operation upon any
public or private road or existing or abandoned turnpike, when acquired hereunder
shall be disturbed in its operation or in the maintenance of its roadbed and
overhead construction, and all necessary repairs, together with the maintenance of
the space between its tracks and two feet on each side thereof shall be performed
by such railroad company under the supervision and to the satisfaction of said
Commission. And provided further, that whenever any State highway shall be