WILLIAM DONALD SCHAEFER, Governor                   Ch. 596

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; and

WHEREAS, An appropriation for Program Open Space has been
made in the budget bill each year since 1984, and each such
appropriation has provided that the funds appropriated may be
used for any State projects or local shares authorized in Chapter
403 of the Acts of the General Assembly of 1969, as amended; now,
therefore,

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Chapter 403 of the Acts of the General Assembly of 1969

(As amended by Chapter 4 of the Acts of the

General Assembly of the Special Session of

December 16, 1969 and as last repealed and

reenacted without change by Chapter 530 of the

Acts of the General Assembly of 1981)

6.

That for the primary source of payment of the principal of
and the interest on the bonds or Certificates of Indebtedness
issued under the provisions of this Act as the same become due
and payable, there shall be and is hereby laid an annual tax
which shall consist of such amounts as may be necessary of the
proceeds of the tax on written instruments, imposed pursuant to
the provisions of [Section 278A of Article 81] SUBTITLE 2 OF
TITLE 13 OF THE TAX-PROPERTY ARTICLE of the Annotated Code of
Maryland [as set forth in Section 10 of this Act].

7.

That, in addition, and as the secondary source of payment,
there shall be and is hereby levied and imposed an annual state
tax on each one hundred dollars of assessable property at a rate
to be determined in the following manner; on or before May 1,
1970, and on or before May 1 in each year thereafter, the Board
of Public Works shall certify to the governing bodies of each of

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