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HARRY HUGHES, Governor 1133
substitution avoids the word "cause" and the legal
connotations of that word, which, in this instance,
seemed not to apply in light of the former reference
to the "pleasure" of the Treasurer. For conformity,
in subsection (b)(2)(ii) of this section, the word
"reason" is substituted for the former word "cause".
Also in subsection (b)(2)(ii) of this section, the
reference to "other members of the Board of Public
Works" is substituted for the former reference to "the
Board ... or a majority of its members" since, in the
absence of the Treasurer, there are only 2 members,
and the former distinction was meaningless.
The tenth sentence of former Art. 95, § 7, which
enabled the Treasurer to fill a vacancy in the office
of Chief Deputy Treasurer or deputy treasurer, is
deleted as unnecessary.
The fourth through sixth sentences of former Art. 95,
§ 7, which related to the powers of the Chief Deputy
Treasurer and a deputy treasurer, are retained in Art.
95 and will be revised in the State Finance and
Procurement Article.
5-106. INABILITY OR UNAVAILABILITY.
(A) ACTING TREASURER.
IF THE TREASURER TEMPORARILY IS UNABLE OR UNAVAILABLE TO
CARRY OUT THE DUTIES OF OFFICE, AN ACTING TREASURER SHALL HAVE
THE POWERS AND DUTIES OF THE OFFICE, AS PROVIDED IN THIS SECTION.
(B) NOTICE BY TREASURER.
(1) IF THE TREASURER GIVES THE PRESIDING OFFICERS OF
THE GENERAL ASSEMBLY AND THE CHIEF DEPUTY TREASURER WRITTEN
NOTICE OF A TEMPORARY INABILITY OR UNAVAILABILITY, THE CHIEF
DEPUTY TREASURER SHALL SERVE AS AN ACTING TREASURER UNLESS THE
PRESIDING OFFICERS APPOINT ANOTHER INDIVIDUAL AS ACTING TREASURER
AND GIVE THE CHIEF DEPUTY TREASURER WRITTEN NOTICE OF THE
APPOINTMENT.
(2) AN ACTING TREASURER SHALL SERVE UNDER THIS
SUBSECTION:
(I) ON AND AFTER THE DATE THAT THE TREASURER
SETS IN THE NOTICE; AND
(II) UNTIL THE TREASURER GIVES THE PRESIDING
OFFICERS AND THE ACTING TREASURER WRITTEN NOTICE THAT THE
TREASURER IS ABLE TO CARRY OUT THE DUTIES.
(C) ACTION BY PRESIDING OFFICERS.
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