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894
LAWS OF MARYLAND
Ch. 135
BY repealing and reenacting, with amendments,
Article 78A - Public Works
Section 2
Annotated Code of Maryland
(1975 Replacement Volume and 1979 Supplement)
Preamble
WHEREAS, By the final passage of House Bill No. 712 on
April 8, 1979 (later signed into law as Chapter 207 of the
Laws of Maryland of 1979) the General Assembly amended
Section 2 of Article 78A of the Annotated Code of Maryland,
which had provided that moneys derived from the sale of
State construction bonds shall be used only for capital
improvements, to provide that moneys derived from the sale
of bonds authorized by general obligation loan enabling acts
shall be used only for capital improvements; and
WHEREAS, The intention of the General Assembly was only
to make the language in Section 2 consistent with the
language used in the amendments to Section 3 of Article 78A
and the addition of Section 3A of Article 78A; and
WHEREAS, The General Assembly was aware of the
principle that a general obligation loan enabling act which
specifically authorized the issuance and sale of bonds, the
proceeds of which could be used for purposes other than
capital improvements, would take precedence over the
language in Section 2 of Article 78A; and
WHEREAS, The General Assembly is nevertheless concerned
about the appearance in Section 2 of Article 78A, a public
general law, of a limitation on the use of bond proceeds for
purposes other than capital improvements; and
WHEREAS, The General Assembly desires to make explicit
its intention that the amendment to Section 2 by Chapter 207
not be construed to preclude the use of bond proceeds for
noncapital improvements if the general obligation loan
enabling act specifically authorizes such use; now,
therefore,
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That section(s) of the Annotated Code of Maryland
be repealed, amended, or enacted to read as follows:
Article 78A - Public Works
2.
[Moneys] EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN A
GENERAL OBLIGATION LOAN ENABLING ACT, MONEYS derived from
the sale of bonds authorized by a general obligation loan
enabling act shall be used only for capital improvements and
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