|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Ch. 63
|
|
2006 LAWS OF MARYLAND
|
|
|
|
|
|
|
|
|
(1) IN A PROCEEDING INVOLVING OR RELATING TO A CONTRACT OF AN
AUTHORITY, THE AUTHORITY IS CONSIDERED TO BE AUTHORIZED TO DO BUSINESS
AND EXERCISE ITS POWERS IF THE SECRETARY OF STATE HAS ISSUED A
CERTIFICATE OF ORGANIZATION.
(2) A COPY OF THE CERTIFICATE OF ORGANIZATION IS ADMISSIBLE IN
EVIDENCE.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 44A, §§ 1-205, 1-201(d), 1-203(b) through (f), and
1-204(a).
In subsections (b)(1)(i) and (ii) and (3), (d), and (e) of this section, the
references to the defined term "political subdivision" are substituted for
the former references to "local jurisdiction" or "local government" to
conform to the terminology used throughout this article.
In the introductory language of subsection (b)(1) of this section, the former
reference to articles of organization "for an authority" is deleted as
included in the reference to "articles of organization".
In subsection (b)(1)(iv) and (v) of this section, the references to
commissioners "of the authority" are added for clarity.
In subsection (b)(1)(vii) of this section, the reference to "[a]ny limitation on
or elimination" of the power of an authority is substituted for the former
reference to "[a]ny conditions, restrictions, or other limitations" for clarity.
In subsections (b)(2)(i) and (ii) and (c)(2)(h) and (iii) of this section, the
former references to "regulations" are deleted as included in the references
to "law".
In subsection (e) of this section, the former reference to a custodian of
records "for the local government" is deleted as implicit in the defined term
"custodian of records".
In subsection (f)(2) of this section, the statement that on issuance of a
certificate of approval, "the articles of organization as filed are considered
to have been adopted" is substituted for the former statement that the
articles of organization "are effective and are conclusively considered to
have been lawfully and properly adopted" for brevity.
In subsection (h)(1) of this section, the former references to a "suit" and an
"action" are deleted as included in the reference to a "proceeding".
Also in subsection (h)(1) of this section, the former reference to a
proceeding involving "the validity or enforcement of" a contract of a
pre-existing authority is deleted as surplusage.
Also in subsection (h)(1) of this section, the statement that an authority is
considered to be authorized to "do" business is substituted for the former
statement that an authority "shall be deemed to have become established
- 434 -
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
