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347
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MARVIN MANDEL, Governor
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In revising this title, the Commission to Revise the
Annotated Code deleted as obsolete present references to
"directors", "offices", and "officers". The predecessor
to the Administration, the Metropolitan Transit
Authority, was governed by a seven member board of
directors, which chose officers, By Ch. 526, Acts of
1970, this board was repealed and its functions placed in
the present Administration.
The Commission also deleted as obsolete or otherwise
unnecessary the following related provisions, in addition
to those noted in the revisor's notes to various sections
of this title:
(1) Art. 41, §207D(b) and (e). These
provisions abolished the former Metropolitan Transit
Authority and related offices and transferred all their
powers, duties, and employees to the Administration.
That transfer took effect as of July 1, 1971, and the
underlying statutory provisions no longer are necessary.
In this regard, see, also, §7-212 of this title.
(2) Art. 64B, §8(c) and (c). These
provisions, which grant the Administration the power to
"adopt...a corporate seal" and to "establish...a
principal office", are deleted as obsolete since they
more properly related only to and were necessary only for
the predecessor of the Administration, the former
Metropolitan Transit Authority.
(3) Art. 64B, §50. This section, which
provides that the term "municipal corporation" in Art.
XI-E of the State Constitution does not include the
District or the Administration, is deleted as
unnecessary. The Maryland Court of Appeals, in
Maryland—National Capital Park and Planning Commission v.
Montgomery County, Maryland et al., 267 Md. 82 (1972),
was faced with a statute virtually identical to Art. 64B,
§50. The Court held that, as used in Art. XI-E of the
Maryland Constitution, "the term 'municipal corporations'
has a geographical connotation with a political body
representative of and governing its inhabitants, and that
it does not mean a governmental agency or commission, no
matter how powerful or broad its functions may happen to
be, and even though it is endowed with corporate status
that generally permits it to sue or be sued". In light
of this interpretation by the Court, the section is
unnecessary.
(4) Art. 64B, §52. This section, which
provides for the severability of the provisions of
present Art. 64B, is unnecessary in light of Art. 1, §23
of the Code.
All former powers of the Administration to borrow
money was transferred, effective July 1, 1970, to the
Department and, as to revenue bonds, to the Maryland
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