822

LAWS OF MARYLAND

Ch. 11

"SURPLUS PERSONAL PROPERTY" MEANS AN ITEM OF EXCESS PERSONAL
PROPERTY THAT THE DEPARTMENT DECLARES IS NOT NEEDED BY ANY UNIT
OF THE STATE GOVERNMENT.

REVISOR'S NOTE: This subsection is new language derived
without substantive change from former Art. 41, §
232(c).

The words "is not needed by" are substituted for the
former words "to be in excess of requirements of", for
brevity and to avoid confusion between "excess
personal property" and "surplus personal property".

The phrase "any unit of the State government" is
substituted for the former phrase "all State
agencies", for clarity and to conform to similar
provisions elsewhere in the Code.

Defined terms: "Department" § 4-101
"Excess personal property" § 4-501

4-502. DECLARATION OF EXCESS PERSONAL PROPERTY AND SURPLUS
PERSONAL PROPERTY.

(A)  EXCESS PERSONAL PROPERTY.

(1)  THE HEAD OF A UNIT OF THE STATE GOVERNMENT MAY
DECLARE AN ITEM OF PERSONAL PROPERTY IN THE POSSESSION OF THE
UNIT TO BE EXCESS PERSONAL PROPERTY BY SUBMITTING A DECLARATION
OF EXCESS PERSONAL PROPERTY TO THE DEPARTMENT.

(2)  THE DECLARATION IS EFFECTIVE ON APPROVAL BY THE
DEPARTMENT.

(B)  SURPLUS PERSONAL PROPERTY.

THE DEPARTMENT MAY DECLARE EXCESS PERSONAL PROPERTY TO BE

SURPLUS PERSONAL PROPERTY IF THE DEPARTMENT DETERMINES THAT THE

EXCESS PERSONAL PROPERTY CANNOT BE USED BY ANY UNIT OF THE STATE
GOVERNMENT.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Art. 41, § 233.

In subsection (a)(1) of this section, the phrase "head
of a unit of the State government" is substituted for
the former phrase "agency head", for clarity and to
conform to similar provisions elsewhere in this title.

In subsection (b) of this section, the defined term
"excess personal property" is substituted for the
former words "excess item", in light of apparent
legislative intent.