1064

LAWS OF MARYLAND

Ch. 11

AFTER CONSIDERING THE POTENTIAL EXPOSURE OF THE FUND AND ITS
LOSS EXPERIENCE, THE TREASURER SHALL TRY TO SET PREMIUMS SO AS TO
PRODUCE FUNDS THAT APPROXIMATE THE PAYMENTS FROM THE FUND.

REVISOR'S NOTE: This section is new language derived
without substantive change from the third and fourth
sentences of former Art. 95, § 32.

Subsection (a) of this section is revised to require
the assessment of these premiums, although the third
sentence of former Art. 95, § 32 -- from which
subsection (a) of this section is derived -- stated
only that assessment "is ... intended". This revision
is based on the fourth sentence of former Art. 95, §
32, which set forth the considerations for assessments
and indicated that assessment is a duty.

Defined term: "Fund" § 9-101

9-107. PAYMENT ON LOSSES.

(A)  IN GENERAL.

SUBJECT TO THE LIMITATIONS IN THIS SECTION, THE TREASURER
SHALL PAY A UNIT OF THE STATE GOVERNMENT FOR A LOSS THAT IS
COVERED UNDER § 9-105 OF THIS TITLE, WITHOUT REGARD TO WHETHER
THE UNIT IS FUNDED WHOLLY OR PARTLY FROM GENERAL, SPECIAL, OR
FEDERAL FUNDS.

(B)  LIMITATION ON VALUE.

(1)  THE UNIT OF THE STATE GOVERNMENT THAT HAD STATE
PROPERTY AT THE TIME OF ITS LOSS OR DAMAGE AND THE DEPARTMENT OF
GENERAL SERVICES JOINTLY SHALL DETERMINE THE VALUE OF THE
PROPERTY. THE DEPARTMENT OF GENERAL SERVICES SHALL CERTIFY THE
VALUE TO THE TREASURER.

(2)  THE OFFICE OF THE ATTORNEY GENERAL SHALL
DETERMINE AND CERTIFY TO THE TREASURER THE VALUE OF A LIABILITY
CLAIM AGAINST THE STATE.

(3)  THE TREASURER MAY NOT PAY FROM THE FUND ANY MONEY
FOR LOSS OR LIABILITY IN EXCESS OF THE VALUE CERTIFIED UNDER THIS
SUBSECTION.

(C)  DEDUCTIBLE.

NOTWITHSTANDING ANY OTHER PROVISION OF THIS TITLE, THE 1ST
$1,000 OF VALUE OF EACH LOSS, DAMAGE, OR LIABILITY OCCURRENCE OF
A UNIT SHALL BE PAID FROM ITS APPROPRIATIONS IN THE STATE BUDGET
UNLESS, ON RECOMMENDATION OF THE SECRETARY OF BUDGET AND FISCAL
PLANNING, THE TREASURER REDUCES THE AMOUNT.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Art. 95, § 31,