HARRY HUGHES, Governor

2217

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That section(s) of the Annotated Code of Maryland
be repealed, amended, or enacted to read as follows:

Article 25 - County Commissioners

9C.

THE COUNTY COMMISSIONERS OF CAROLINE COUNTY, IN
ADDITION TO, BUT NOT IN SUBSTITUTION OF, THE POWERS WHICH
HAVE BEEN OR MAY HEREAFTER BE GRANTED THEM THE COUNTY, AND
IN THE EXERCISE OF ITS BORROWING POWER, SHALL HAVE FULL
POWER AND AUTHORITY TO ACQUIRE PURCHASE OR LEASE ANY
PERSONAL PROPERTY NECESSARY OR DESIRABLE FOR THE OPERATION
OF THE COUNTY, BY PURCHASE OR LEASE, PURSUANT TO A MULTIYEAR
CONTRACT REQUIRING THAT THE COUNTY COMMISSIONERS MAKE
INSTALLMENT OR RENTAL PAYMENTS CONCERNING DURING 2 OR MORE
FISCAL YEARS; TO INCUR INDEBTEDNESS AND PAY INTEREST ON ANY
DEFERRED AS PART OF ANY INSTALLMENT OR RENTAL PAYMENTS IN
ACCORDANCE WITH THE TERMS OF THE CONTRACT; AND TO PLEDGE AND
ASSIGN THE PERSONAL PROPERTY PURCHASED OR LEASED PURSUANT TO
ANY CONTRACT TO SECURE THE COUNTY'S OBLIGATIONS THEREUNDER,
PROVIDED THE FOLLOWING CONDITIONS ARE MET:

(1)  FUNDS SUFFICIENT TO PAY ALL AMOUNTS DUE
UNDER THE CONTRACT DURING THE FIRST FISCAL YEAR IN WHICH THE
CONTRACT IS EXECUTED EFFECTIVE ARE ARE OR WILL BE AVAILABLE
AND HAVE BEEN APPROPRIATED AND CAN BE USED FOR THIS PURPOSE;
AND

(2)  THE CONTRACT INCLUDES A TERMINATION
PROVISION WHICH PERMITS THE COUNTY TO TERMINATE THE CONTRACT
IF FUNDS SUFFICIENT TO PAY ALL AMOUNTS DUE UNDER THE
CONTRACT FOR ANY FISCAL YEAR ARE NOT APPROPRIATED FOR THIS
PURPOSE FOR SUCH FISCAL YEAR. HOWEVER, THE CONTRACT MAY
PROHIBIT PROVIDE THAT TERMINATION OF THE CONTRACT TO
PURCHASE OR LEASE SIMILAR OR FUNCTIONALLY RELATED EQUIPMENT.
SHALL BE INEFFECTIVE IF THE COUNTY PURCHASES OR LEASES
PERSONAL PROPERTY SIMILAR OR FUNCTIONALLY RELATED TO THAT
PURCHASED OR LEASED UNDER THE CONTRACT WITHIN A PERIOD OF
TIME AFTER TERMINATION, AS SPECIFIED IN THE CONTRACT;

(3)  THE CONTRACT PROVIDES THAT, ABSENT A DEFAULT
IN PAYMENT BY THE COUNTY UNDER THE CONTRACT, ANY OBLIGATION

TO PAY AMOUNTS DUE UNDER THE CONTRACT SHALL BE LIMITED TO
FUNDS APPROPRIATED FOR THIS PURPOSE FOR THAT FISCAL YEAR;
AND

(4)  THE CONTRACT PROVIDES THAT, IN THE EVENT OF
DEFAULT IN PAYMENT BY THE COUNTY UNDER THE CONTRACT, ANY
OBLIGATION TO PAY AMOUNTS DUE UNDER THE CONTRACT SHALL BE
LIMITED TO FUNDS APPROPRIATED FOR THIS PURPOSE FOR THAT
FISCAL YEAR, AMOUNTS REALIZED FROM THE PERSONAL PROPERTY
PURCHASED OR LEASED UNDER THE CONTRACT, AND ANY OTHER FUNDS
LEGALLY AVAILABLE FOR THIS PURPOSE.