HARRY HUGHES, Governor
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Subsection (a) of this section is revised to apply to
claims, as well as debts, since there seemed to be no
intent to distinguish between treatment of claims and
debts after referral.
In subsection (a)(1) of this section, the words "legal
or equitable", which formerly modified the word
"action", are deleted as surplusage.
In subsection (a)(2) of this section, the former words
"compromise" and "adjust" are deleted as unnecessary
in light of the word "settle.
Also in subsection (a)(2) of this section, the former
phrase "if ... feasible and desirable" is deleted as
unnecessary in light of the word "may" in the
introductory language of subsection (a) of this
section.
In subsection (b) of this section, the reference to a
"written contractual obligation" is substituted for
the former reference to a "contract, promissory note,
or other document obligating a debtor", for brevity.
Also in subsection (b) of this section, the phrase "of
the State", which formerly modified the word "debtor",
is deleted, since there seemed to be no intent to
exclude a debtor of a unit or official of the State
government.
The Commission to Revise the Annotated Code notes, for
consideration of the General Assembly, that subsection
(a) of this section would not permit suit under
applicable federal law and would not permit settlement
after suit.
Defined terms: "Includes";"including" § 1-101
3-305. DISPOSITION OF FUNDS.
(A) STATE TREASURY.
EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION, THE
CENTRAL COLLECTION UNIT SHALL PAY THE NET PROCEEDS OF COLLECTIONS
INTO THE STATE TREASURY.
(B) ACCOUNT OF STATE UNIT.
IF THE FUNDS OF A UNIT OF THE STATE GOVERNMENT ARE NOT PART
OF THE STATE TREASURY, THE CENTRAL COLLECTION UNIT SHALL DELIVER
TO THE TREASURER THE NET PROCEEDS OF COLLECTION ON A DEBT OR
CLAIM THAT WAS DUE TO THE UNIT OF THE STATE GOVERNMENT FOR ITS
ACCOUNT.
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