BLAIR LEE III, Acting Governor
3183
For the reasons set forth in our opinion of May 23,
1974, to the Honorable Marvin Mandel, we believe that these
circuit breaker extension bills are constitutional.
House Bills 1178, 89, and 861 and Senate Bill 738 each
amend provisions of the present Section 12F-1. While we
have reviewed these tills and find each of them to be
constitutional, if the circuit breaker extension bills are
signed, these bills should not be signed. If they are
signed prior to the circuit breaker extension bills, they
will be repealed by the signing of those bills. If they are
signed after the circuit breaker extension bills, they will
amend nonexistent subsections of Section 12F-1. In
addition, the concepts set forth in these bills are
incorporated in the tax credit extension bills.
House Bill 1178 and Senate Bill 738 both amend the
present Section 12F-1 (b) (5) to correct an inadvertent
reference to Section 12F—6 instead of Section 12F—7. This
same correction has been made in both House Bill 1168 and
Senate Bill 731 in Subsection 12F-1 (a) (10).
House Bill 89 amends Section 12F—1 (b) (1) of the present
law. The purpose of this bill is to permit a disabled
homeowner who has qualified for total disability benefits
but has not begun receiving the same to qualify for a tax
credit. He believe that inadvertently in the line between
Line 83 and 84 of the till, the word "for" has been deleted.
A provision substantially similar to this amendment appears
in House Bill 1168 and Senate Bill 731 in Subsection
12F-1 (a) (6) .
House Bill 865 amends Section 12F—1(d) to permit the
acceptance of late tax credit applications up to September
30, under certain circumstances. Identical language appears
in House Bill 1168 and Senate Bill 731 in Subsection
12F-1(f).
Finally, House Bill 861 amends Subsection 12F-1(b)(3)
to redefine the term "combined incomes." While the language
differs slightly, the import of the definitional change is
also contained in House Bill 1168 and Senate Bill 731 in
Subsection 12F-1(a)(2).
In conclusion then, it is our opinion that if the
circuit breaker extension bills, Senate Bill 731 and House
Bill 1168, are signed, Senate Bill 738, House Bill 1178,
House Bill 89, House Bill 865, and House Bill 861 should not
and need not be signed. However, in the event that neither
Senate Bill 731 nor House Bill 1168 is signed, it is our
opinion that each of the other bills is constitutional and
legally sufficient.
Very truly yours,
Francis Bill Burch
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