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Session Laws, 1985
Volume 760, Page 919   View pdf image
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HARRY HUGHES, Governor

919

(1)  IF A CLAIM IS SETTLED WITHOUT PAYMENT IN FULL,
THE COMPTROLLER SHALL KEEP A RECORD THAT STATES THE FACTS ON
WHICH THE SETTLEMENT WAS BASED.

(2)  THE RECORD SHALL BE KEPT IN THE OFFICE OF THE
COMPTROLLER.

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

language added to state expressly that this section

still applies to a claim after it is reduced to

judgment. This addition is based on the former phrase

"whether said claims be in the form of judgment or

otherwise," which, therefore, is deleted as
unnecessary.

Subsections (b) through (f) of this section are new
language derived without substantive change from
former Art. 19, § 26.

In subsections (b) and (e) of this section, the
defined term "person" is substituted for the former
references such as "collectors ... or receivers",
"corporations and individuals", and "parties", for
brevity, consistency, and conformity to § 6-218 of
this subtitle.

Subsection (b) of this section is revised to clarify
that the 2-year period applies to all claims and not
just to those against "corporations and individuals".
This revision is based on the legislative history of
former Art. 19, § 26, which first was enacted by Ch.
116, Acts of 1884, to provide for collection of all
debts that were accrued before 1882. The former
section later was amended almost every 2 years, to
provide for collection of debts becoming overdue
during the 2-year period since the previous enactment.
Finally, Ch. 365, Acts of 1920, amended the former
section to refer to "in arrears to the State for two
years", rather than a specific year, and, thus, to
obviate the need for repeated amendment.

In the introductory language of subsection (b) of this
section, the words "at least" are added to modify the
reference to "2 years", to clarify that the claim need
not be exactly 2 years in arrears at settlement.

Also in the introductory language of subsection (b) of
this section, the former word "adjust" is deleted as
unnecessary in light of the broad word "settle".
Similarly, in subsection (f)(1) of this section, the
former word "compromised" is deleted.

In subsection (d) of this section, the former phrase
"in his discretion" is deleted as unnecessary in light
of the word "may".

 

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Session Laws, 1985
Volume 760, Page 919   View pdf image
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