1134 LAWS OF MARYLAND Ch. 284
(1) IF THE TREASURER HAS NOT GIVEN NOTICE, BUT THE
PRESIDING OFFICERS OF THE GENERAL ASSEMBLY MAKE A FORMAL, WRITTEN
DETERMINATION OF A TEMPORARY INABILITY OR UNAVAILABILITY OF THE
TREASURER, THE OFFICERS MAY APPOINT AN ACTING TREASURER.
(2) THE ACTING TREASURER SHALL SERVE UNDER THIS
SUBSECTION:
(I) ON AND AFTER THE DATE OF THE' APPOINTMENT;
AND
(II) UNTIL THE PRESIDING OFFICERS JOINTLY
DETERMINE AND GIVE THE TREASURER AND THE ACTING TREASURER WRITTEN
NOTICE THAT THE TREASURER IS ABLE TO CARRY OUT THE DUTIES.
(D) COURT OF APPEALS.
THE COURT OF APPEALS HAS EXCLUSIVE ORIGINAL JURISDICTION, ON
PETITION OF THE PRESIDING OFFICERS OF THE GENERAL ASSEMBLY, THE
TREASURER, OR THE ACTING TREASURER, TO DETERMINE ANY ISSUE THAT
ARISES UNDER THIS SECTION AND TO PASS ANY APPROPRIATE ORDER.
REVISOR'S NOTE: This section is new language derived
without substantive change from former Art. 95, §
6A(a) through (c) and the first sentence of (d).
In subsection (b)(2)(i) of this section, the words "in
the notice" are added for clarity.
In subsection (b)(2)(ii) of this section, specific
reference to "the presiding officers and the acting
treasurer" is added for clarity. This addition is
based on the second sentence of former Art. 95, §
6A(d), which required notice "be given to all
parties." Similarly, in subsection (c)(2)(ii) of this
section, the specific reference to the "Treasurer and
the acting treasurer" is added. Therefore, the second
sentence of former Art. 95, § 6A(d) is deleted as
unnecessary.
5-107. VACANCY IN OFFICE.
IF THE OFFICE OF THE TREASURER BECOMES VACANT, THE CHIEF
DEPUTY TREASURER IS THE DEPUTY TREASURER WHO ACTS AS TREASURER
UNDER ARTICLE VI, § 1 OF THE MARYLAND CONSTITUTION.
REVISOR'S NOTE: This section is new language derived
without substantive change from former Art. 95, § 6.
The phrase "acts as Treasurer" is substituted for the
former language "qualified to act as successor to the
Treasurer", since the referenced Md. Constitution,
Art. VI, § 1 provides that the "Deputy Treasurer shall
act as Treasurer until the next ... session of the
Legislature ... whereupon the Legislature shall choose
a successor".
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