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969
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MARVIN MANDEL, Governor
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discretion of the court under this section.
In subsection (d) of this section, the present
requirement that the new application be made
"within 30 days after the default" is deleted
as unduly restrictive, unworkable, and — in
light of the court's discretionary powers —
unnecessary.
The only other changes are in style.
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SUBTITLE 3. MISCELLANEOUS PROVISIONS.
17-301. DISPOSITION OF DEPOSITS UNDER FORMER FINANCIAL
RESPONSIBILITY LAW.
(A) REFUND OF DEPOSIT.
IF A PERSON MADE A SECURITY DEPOSIT OF MONEY UNDER
THE FINANCIAL RESPONSIBILITY LAW AS IT EXISTED BEFORE
JANUARY 1, 1973, THE PERSON OR HIS PERSONAL
REPRESENTATIVE MAY APPLY TO THE MARYLAND AUTOMOBILE
INSURANCE FUND FOR AND IS ENTITLED TO A REFUND OF THE
DEPOSIT, WITHOUT INTEREST, IF:
(1) AN ACTION FOR DAMAGES ARISING OUT OF THE
ACCIDENT FOR WHICH THE DEPOSIT WAS MADE IS NOT PENDING
AGAINST THE PERSON ON WHOSE BEHALF THE DEPOSIT WAS MADE;
(2) AN UNPAID JUDGMENT DOES NOT EXIST IN
FAVOR OF ANY PERSON AS A RESULT OF AN ACTION ARISING FROM
THE ACCIDENT FOR WHICH THE DEPOSIT WAS MADE;
(3) A CLAIM IS NOT PENDING AGAINST THE
UNSATISFIED CLAIM AND JUDGMENT FUND BOARD OR ITS
SUCCESSOR FOR DAMAGES ARISING OUT OF THE ACCIDENT FOR
WHICH THE DEPOSIT WAS MADE; AND
(4) THE EXECUTIVE DIRECTOR OF THE MARYLAND
AUTOMOBILE INSURANCE FUND, ON THE ADVICE OF THE ATTORNEY
GENERAL, IS SATISFIED BY A REASONABLE PREPONDERANCE OF
THE EVIDENCE THAT THE PERSON IS LEGALLY ENTITLED TO THE
DEPOSIT.
(B) CLAIM AGAINST UNSATISFIED CLAIM AND JUDGMENT
FUND BOARD IS A LIEN.
IF THERE IS A CLAIM PENDING AGAINST THE UNSATISFIED
CLAIM AND JUDGMENT FUND BOARD OR ITS SUCCESSOR, THAT
CLAIM IS A LIEN AGAINST THE AMOUNT DEPOSITED IN FAVOR OF
THE UNSATISFIED CLAIM AND JUDGMENT FUND BOARD OR ITS
SUCCESSOR.
(C) USE OF DEPOSIT TO PAY JUDGMENT OR CLAIM.
NEITHER SUBSECTION (A) OF THIS SECTION NOR ANY OTHER
PROVISION OF LAW MAY BE CONSTRUED TO PREVENT THE USE OF
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