956                              Laws of Maryland                       Ch. 408

non-profit corporation organized for the purpose of constructing or
acquiring such a hospital. The term "hospital" also includes non-
profit corporations or institutions engaged solely in providing one
or more hospital supporting services. HOSPITAL SHALL NOT
MEAN ANY FACILITY SUCH AS DESCRIBED HEREIN WHICH
IS OWNED AND OPERATED BY THE STATE.

(i) "Participating Hospital" means a hospital which, pursuant
to the provisions of this Act, shall undertake the financing and con-
struction or acquisition of a project or shall undertake the refunding
or refinancing of obligations or of a mortgage or of advances as
provided in and permitted by this Act.

4. Maryland Health and Higher Educational Facilities Authority.

(a)    There is hereby created a body politic and corporate to be
known as the "Maryland Health and Higher Educational Facilities
Authority"'. Said Authority is constituted a public instrumentality
and the exercise by the Authority of the powers conferred by this
Act shall be deemed held to be the performance of an essential
public function.

(b)    The Authority shall consist of nine (9) members, one of
whom shall be the Treasurer of the State of Maryland, ex officio,
and eight of whom shall be residents of the State appointed by the
Governor. Of the members first appointed, one shall serve for a
term ending one year from July 1, 1970, one shall serve for a term
ending two years from July 1, 1970, two shall serve for terms ending
three years from July 1, 1970, two shall serve for terms ending
four years from July 1, 1970, and two shall serve for terms ending
five years from July 1, 1970. Their successors shall serve for terms
of five years each. Members shall continue in office until their suc-
cessors have been appointed and qualified. The Governor shall fill
any vacancy for the unexpired term. A member of the Authority
shall be eligible for reappointment. The Governor may remove any
of the appointed members serving at any time and reappoint a per-
son to stand in the place of the member so removed to serve for the
balance of the term of the member who had been removed. Each
member of the Authority, before entering upon his duties, shall
take an oath to administer the duties of his office faithfully and
impartially, and such oath shall be filed in the office of the Secretary
of State.

(c)    The Governor shall annually designate one of the members
of the Authority as chairman and one as a vice-chairman.

(d)    The Authority shall appoint, subject to the approval of the
Governor, an executive director. The Authority may also appoint,
subject to the approval of the Governor, a general counsel, either
on a full time or a part time basis as the Authority may determine.
Neither the executive director nor the general counsel shall be mem-
bers of the Authority. Both the executive director and the general
counsel shall serve at the pleasure of the Authority, and shall receive
such compensation as determined by the Authority.

(e)    The executive director shall keep a record of the proceed-
ings of the Authority and shall be custodian of all books, documents
and papers filed with the Authority and of the minute book or journal
of the Authority and of its official seal. He may cause copies to be