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2226 LAWS OF MARYLAND Ch. 679
Chapter 632 of the Acts of 1974 amended the Act to authorize
and direct the Board of Public Works to increase the total amount
of funds which the State of Maryland is authorized to borrow
under the "Outdoor Recreation Land Loan of 1969" to the aggregate
amount of $82,000,000, the net actual cash proceeds of which are
to be expended to fund Program Open Space.
Chapter 564 of the Acts of 1975 amended the Act to authorize
and direct the Board of Public Works to increase the total amount
of funds which the State of Maryland is authorized to borrow
under the "Outdoor Recreation Land Loan of 1969" to the aggregate
amount of $88,000,000, the net actual cash proceeds of which are
to be expended to fund Program Open Space.
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 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.
Chapter 626 of the Acts of 1972 and Chapter 433 of the Acts
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.
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.
A question exists as to whether, considering the decisions
of the Court of Appeals of Maryland in Panitz v. Comptroller, 247
Md. 501 (1967), and Belensen 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.
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.
Pursuant to a policy that unnecessary authorizations to
borrow should be repealed, Chapter 563 of the Acts of 1979
amended the Act to reduce the total authorization to borrow for
Program Open Space from $88,000,000 to $56,000,000.
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