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Session Laws, 1984
Volume 759, Page 1197   View pdf image
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HARRY HUGHES, Governor

1197

(2) AFTER THE PERIOD OF REESTABLISHMENT EXPIRES, THE
GOVERNMENTAL ACTIVITY OR UNIT TERMINATES AS PROVIDED BY LAW
UNLESS THE GOVERNMENTAL ACTIVITY OR UNIT IS REESTABLISHED AGAIN.

(B) MEMBERS.

THE TERM OF OFFICE OF A MEMBER OF A UNIT UNDER EVALUATION OR
RESPONSIBLE FOR A GOVERNMENTAL ACTIVITY UNDER EVALUATION IS NOT
AFFECTED BY REASON OF REESTABLISHMENT OF THE GOVERNMENTAL
ACTIVITY OR UNIT UNLESS THE LAW THAT REESTABLISHES THE
GOVERNMENTAL ACTIVITY OR UNIT PROVIDES OTHERWISE.'

REVISOR'S NOTE: This section is new language derived
without substantive change from former Art. 41, §§
487(a) and 489(a).

In subsection (a)(2) of this section, the words "as
provided by law" are added as a general reference to
the provisions elsewhere in the Code that terminate
these activities, subject to reestablishment under
this subtitle.

Also in subsection (a)(2) of this section, the former
references to "evaluation" are deleted since, under §
8-403 of this subtitle, evaluation may be waived.

Defined terms: "Evaluation" § 8-401
"Governmental activity" § 8-401

8-412. EFFECT OF TERMINATION.

(A)   IN GENERAL.

THE TERMINATION OF A GOVERNMENTAL ACTIVITY OR UNIT OR REPEAL
OF ITS STATUTE IN ACCORDANCE WITH THIS SUBTITLE IS NOT A REASON
FOR DISMISSAL OF ANY CLAIM OR RIGHT OF:

(1)  THE UNIT THAT IS TERMINATED OR IS RESPONSIBLE FOR
THE GOVERNMENTAL ACTIVITY THAT IS TERMINATED; OR

(2)  ANY PERSON AGAINST THAT UNIT.

(B)  ASSUMPTION.

THE STATE SHALL ASSUME THESE CLAIMS AND RIGHTS.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Art. 41, §
489(b).

In subsection (a) of this section, the reference to
"termination of a governmental activity or unit" is
added to reflect that the statutory authority of a
governmental activity or unit designated under § 8-403

 

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Session Laws, 1984
Volume 759, Page 1197   View pdf image
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