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Session Laws, 1985
Volume 760, Page 117   View pdf image
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HARRY HUGHES, Governor

117

(A)  FILING SUIT.

IN ADDITION TO ANY OTHER REMEDY, IF A COLLECTOR FAILS TO
REMIT TAXES AS PROVIDED BY §§ 4-201 AND 4-202 OF THIS TITLE, THE
COMPTROLLER MAY REQUEST THE ATTORNEY GENERAL TO FILE SUIT AGAINST
THE COLLECTOR AND THE BOND OF THE COLLECTOR.

(B)  RIGHT TO A JURY TRIAL.

IF SUIT IS BROUGHT BY THE STATE, A COUNTY, OR A MUNICIPAL
CORPORATION AS PROVIDED IN SUBSECTION (A) OF THIS SECTION, THE
COLLECTOR OR SURETY HAS THE RIGHT TO A JURY TRIAL.

REVISOR'S NOTE: Subsection (a) of this     section is new

language substituted for former Art.   81, §§ 63 and 64

to clarify how the State would file     suit against a
collector.

Subsection (b) of this section is new language
substituted for former Art. 81, § 65. It is rephrased
to state explicitly that there is a right to a jury
trial and under what conditions that right may be
exercised.

Defined terms: "Collector" § 1-101

"County" § 1-101 "Municipal corporation" § 1-101

4-404. PAYMENT OF MONEY IN SUIT OR IN JUDGMENT.

PAYMENT BY A COLLECTOR OR THE SURETY OF A COLLECTOR OF MONEY
DUE THE STATE, IN SUIT OR IN JUDGMENT, IS NOT VALID UNLESS MADE
TO:

(1)  THE ATTORNEY GENERAL;

(2)  THE STATE TREASURER; OR

(3)  A SHERIFF AUTHORIZED TO RECEIVE THE MONEY BECAUSE
OF AN EXECUTION ISSUED BY A COURT.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Art. 81, § 66.'

In the introductory language to this section, the
reference to the payment being made by "a collector or
the surety of a collector" is added for clarity.

The General Assembly may wish to consider deleting
this section as superfluous.

Defined term: "Collector" § 1-101

GENERAL REVISOR'S NOTE:

 

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Session Laws, 1985
Volume 760, Page 117   View pdf image
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