Ch. 48

LAWS OF MARYLAND

SUBJECT TO THE EVALUATION AND REESTABLISHMENT PROVISIONS OF
THE MARYLAND PROGRAM EVALUATION ACT, THIS SECTION SHALL TERMINATE
AND BE OF NO EFFECT AFTER JULY 1, 1994.

REVISOR'S NOTE: Subsections (a) through (d), (f), (g)(1),
(2), (4), and (5), and (i) through (k) of this section
are new language derived without substantive change
from former SF § 12-313(a), (c), and (d)(2) and (3)
and the first sentence of (1) and from the first and
second sentences of (b).

Subsection (e) of this section is standard language
added to state the duty of an individual appointed to
any office of profit or trust to take the oath
specified in Md. Constitution, Art. I, § 9.

Subsection (g)(3) of this section is standard language
added to avoid gaps in membership by indicating that a
member serves until a successor takes office. This
provision is supported by the cases of Benson v.
Mellor, 152 Md. 481 (1927), and Grooms v. LaVale
Zoning Board, 27 Md. App. 266 (1975). Similarly, in
subsection (g)(5) of this section, the language "until
a successor is appointed and qualifies" is added.

Subsection (h) of this section is new language derived
without substantive change from Md. Constitution, Art.
II, § 15. For other provisions on removal, see: Md.
Constitution, Art. XV, § 2 on suspension and removal
for crimes and Art. 41, § 1-203 of the Code on removal
for failure to attend meetings.

Subsection (1) of this section is new language derived
without substantive change from former SF § 12-315.

In subsection (a) of this section, the term "Advisory
Council" is substituted, as the defined term, for the
former term "Council" to avoid confusion with the
Apprenticeship and Training Council.

In subsection (f)(2)(i) of this section, the former
reference to the day of "qualification" is deleted as
inconsistent with the reference to the day of
"appointment", since the 2 days would rarely, if ever,
coincide and the 1-year term must run from a single
day. The term "qualification" refers to taking the
oath of office and is inapplicable to appointment of a
chairman from among members who have already
qualified. Therefore, the word "appointment" is
retained.

In subsection (g)(3) of this section, the former
language that a member "shall be eligible for

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