HARRY HUGHES, Governor                                       883

Subsection (b)(1) of this section is new language
added to state expressly what formerly was only
implied in the law.

Subsection (b)(2) of this section is new language
derived without substantive change from former Art.
88C, § 4(a)(3) and (4).

In subsection (a)(l)(i) and (ii) of, this section, the
words "ex officio" are deleted to avoid possible
confusion since the members of the Commission
appointed from the General Assembly are not truly ex
officio members.

In subsection (b)(2)(ii) and (iii) of this section,
standard language is added to provide for gaps in
membership by indicating that a member serves until a
successor takes office. These additions are supported
by the cases of Benson v. Mellor, 152 Md. 481 (1927)
and Grooms v. LaVale Zoning Board, 27 Md. App. 266
(1975).

The Commission to Revise the Annotated Code points out
to the General Assembly that, in subsection (a)(3) of
this section, the former words "as far as possible"
are carried forward from former Art. 88C, §
4(a)(2)(ii)2. unchanged. The General Assembly may
wish to consider substituting the words "to the extent
practicable" to clarify that the Governor, when
selecting members of the State Planning Commission,
should be sensitive to practical considerations.

Defined term: "Commission" § 5-801

5-804. CHAIRMAN.

FROM AMONG THE COMMISSION MEMBERS, THE GOVERNOR SHALL
APPOINT A CHAIRMAN OF THE COMMISSION.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Art. 88C, §
4(a)(7).

The words "From among the Commission members" are
added, consistent with practice, for clarity.

Defined term: "Commission" § 5-801

5-805. SECRETARY TO COMMISSION.

(A) APPOINTMENT.

THE SECRETARY OF STATE PLANNING SHALL DESIGNATE A MEMBER OF
THE STAFF OF THE DEPARTMENT TO SERVE AS THE SECRETARY TO THE
COMMISSION.