3540
VETOES
the Acts of 1972, Chapter 632 of the Acts of 1975, and
Chapter 563 of the Acts of 1979, authorized and directed the
Board of Public Works to issue a State loan to be known as
the "Outdoor Recreation Land Loan of 1969" in the aggregate
amount of $56,000,000, the net actual cash proceeds of which
are to be expended to fund Program Open Space; and
WHEREAS, It was the intention of the General Assembly
of Maryland in enacting the Act, that the bonds evidencing
the Outdoor Recreation Land Loan of 1969 would be sold over
a period of years, beginning with fiscal year 1969-1970, and
that appropriation of the net actual cash proceeds realized
from the sale of these bonds would be made annually by laws
of the General Assembly designating the State and local
projects to which these proceeds would be allocated; and
WHEREAS, Chapter 626 of the Acts of the General
Assembly of 1972, and Chapter 443 of the Acts of the General
Assembly of 1977 extended until 1990 the life of Program
Open Space, including the period of time in which the bonds
evidencing the Outdoor Recreation Land Loan of 1969 would be
sold; and
WHEREAS, The primary source of debt service for the
Outdoor Recreation Land Loan of 1969 is the State Property
Transfer Tax laid by Section 6 of the Act and imposed
pursuant to Section 278A of Article 81 of the Annotated Code
of Maryland, and the secondary source of debt service is the
ad valorem property tax levied and imposed by Section 7 of
the Act; and
WHEREAS, Question has been raised as to whether,
considering the decisions of the Court of Appeals of
Maryland in Panitz v. Comptroller, 247 Md. 501 (1967), and
Balensen v. Maryland Airport Authority, 253 Md. 490 (1969),
the General Assembly can make the annual appropriations
intended to be made under the Act without in the same bill
expressly providing for the collection of an annual tax or
taxes sufficient to cover the debt service on the bonds
which will be sold under the Act to fund these
appropriations; and
WHEREAS, The General Assembly wishes to resolve this
question by repealing the tax provisions of the Act, being
Sections 6 and 7, as amended by Chapter 4 of the Acts of the
Special Session of December 16, 1969, and by reenacting
those provisions, without amendments; now, therefore,
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That chapter(s) of the Acts of the General
Assembly be repealed, amended, or enacted to read as
follows:
Chapter 403 of the Acts of the
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