Ch. 299                            MARVIN MANDEL, Governor                               697

Approved May 7, 1973.

CHAPTER 299
(House Bill 319)

AN ACT to add new Section 130A(d-l) to Article 77 of the Annotated Code of
Maryland ([[1969 Replacement Volume and]] 1972 Supplement), title "Public
Education," subtitle "Chapter 9. Finance and Reports," to allow the Board of
Public Works, by rule, to require that the proceeds from the sale or other
disposition of certain public school property may be used toward public school
construction or capital improvement costs and to provide for certain exceptions.

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That new Section 130A(d-l) be and it is hereby added to Article
77 of the Annotated Code of Maryland ([[1969 Replacement Volume and]] 1972
Supplement), title "Public Education," subtitle "Chapter 9. Finance and Reports,"
to follow immediately after Section 130A(d) thereof and to read as follows:

130A.
(D-l)

[[IF PUBLIC SCHOOL PROPERTY IS SOLD OR OTHERWISE
DISPOSED OF BY A LOCAL SUBDIVISION OR BOARD OF
EDUCATION, WHETHER BY EXERCISE OF THE POWER OF EMINENT
DOMAIN, THE THREAT THEREOF, OR OTHERWISE, THE BOARD OF
PUBLIC WORKS MAY BY RULE OR REGULATION REQUIRE THE
SUBDIVISION OR BOARD OF EDUCATION TO LOSE ALL OR PART OF
THE NET PROCEEDS RECEIVED TOWARD THE COST OF PUBLIC
SCHOOL CONSTRUCTION OR CAPITAL IMPROVEMENT PROJECTS.]]
THE BOARD OF PUBLIC WORKS, BY RULE AND REGULATION, MAY
REQUIRE THAT THE PROCEEDS FROM THE SALE, LEASE OR
DISPOSAL AFTER JULY 1, 1973 OF ANY PUBLIC SCHOOL BUILDING,
CONSTRUCTED UNDER A CONTRACT EXECUTED ON OR AFTER
FEBRUARY 1, 1971 AND PAID FOR PRIMARILY WITH STATE FUNDS
IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION,
RECEIVED BY A COUNTY OR BALTIMORE CITY SHALL BE UTILIZED
SOLELY AS PART OF THE STATE FUNDING OF THE CONSTRUCTION
OF FUTURE PUBLIC SCHOOL BUILDINGS WITHIN THE SUBDIVISION
IN WHICH THE SALE, LEASE, OR DISPOSAL OCCURRED. PROVIDED.
THAT THE PORTION OF THE PROCEEDS FROM THE SALE, LEASE OR
DISPOSAL AS FAIRLY REPRESENTS THE [[COST]] APPRAISED
VALUE OF LAND AND THAT PART OF THE COST OF THE PUBLIC
SCHOOL BUILDING FUNDED BY THE COUNTY OR BALTIMORE
CITY, SHALL REMAIN THE FUNDS OF THE COUNTY OR BALTIMORE
CITY. PROVIDED FURTHER THAT THIS SUBSECTION SHALL NOT
APPLY TO THE PROCEEDS FROM THE SALE. LEASE OR DISPOSITION
OF PUBLIC SCHOOL BUILDINGS CONSTRUCTED UNDER
CONTRACTS EXECUTED PRIOR TO FEBRUARY 1. 1971.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take
effect July 1, 1973.