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Session Laws, 1982
Volume 742, Page 531   View pdf image
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HARRY HUGHES, Governor

531

sentence and the entire second sentence of (2)
and the first sentence of (d).

Subsection (b)(2) of this section is new language
added to reflect the continuing stagger created
under former Article 59, § 9(b)(3), which
specified the initial members and their terms and
which is deleted as obsolete.

Subsection (b)(3) of this section is standard
language added to provide for gaps in membership
by indicating that a member serves until a
successor takes office. This provision is
supported by the cases of Benson, v. Mellor, 152
Md. 481 (1927) and Grooms v. LaVale Zoning Board,
27 Md. App. 266 (1975).

Subsection (b)(4) of this section also is added
as standard language. It follows from the
requirement that there be staggered terms. An
inherent aspect of staggered terms is that they
must begin and end at set intervals. For
circumstances under which subsection (b)(4) of
this section applies, see the General Revisor's
Note to this article.

In subsection (a)(1) of this section, the
reference to "18 members" is new language added
to reflect the apparent intent of former Article
59, § 9(b)(3), which provided staggered terms for
the initial members of the Council.

In the introductory clause of subsection (a)(2)
of this section, the former reference to "public
and private" agencies and groups is deleted as
unnecessary.

Also in the introductory clause of subsection
(a)(2) of this section, the former, specific
reference to areas of concern "including
prevention, treatment, and rehabilitation" is
deleted as unnecessary.

The third sentence of former Article 59, §
9(b)(2), which stated that the members need not
be appointed from each group listed in subsection
(a)(2) of this section, is deleted as
unnecessary.

The second sentence of former Article 59, § 9(d),
which allowed for successive terms, is deleted as
unnecessary. As a general rule, the right to
serve successive terms is not limited, absent an
express provision to the contrary.

 

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Session Laws, 1982
Volume 742, Page 531   View pdf image
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