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WILLIAM DONALD SCHAEFER, Governor Ch. 48
To that end, in revising this Division II, the Procurement
Revision Review Committee has conformed the language and
organization of this Division II to that of Division I of this
article and to that of other revised articles to the extent that
the former law allowed.
This is particularly true as to provisions in this Division
II that relate to creation and composition of units, appointment
of members, tenure, and vacancies.
In the "Tenure; vacancies" subsections of these provisions,
there is a standard paragraph providing that a "member who is
appointed after a term has begun serves only for the rest of the
term and until a successor is appointed and qualifies". That
provision applies: (1) when a successor is appointed to replace a
member who has died, resigned, or failed for any other reason to
complete a term; (2) when a member is appointed to succeed a
member who has "held over" to part of the next term, pending the
delayed appointment and qualification of the successor; or (3)
when, in any other situation, a member takes office after a term
has begun, e.g., when, at the completion of a term, there is a
delay in the appointment of a successor, but the member who
served the prior term does not "hold over".
SECTION 3. AND BE IT FURTHER ENACTED, That the revisor's
notes and catchlines contained in this Act are not law and may
not be considered to have been enacted as a part of this Act.
SECTION 4. AND BE IT FURTHER ENACTED, That nothing in this
Act affects the term of office of an appointed or elected member
of any department, board, commission, committee, agency, or other
unit. A person who is a member of a unit on the effective date
of this Act shall remain a member for the balance of the term to
which appointed or elected, unless the member sooner dies,
resigns, or is removed under provisions of law.
SECTION 5. AND BE IT FURTHER ENACTED, That except as
expressly provided to the contrary in this Act, any transaction
affected by or flowing from any change of nomenclature or any
statute there amended, repealed, or transferred, and validly
entered into before the effective date of this Act and every
right, duty, or interest flowing from the statute remains valid
after that effective date and may be terminated, completed,
consummated, or enforced as required or allowed by any statute
amended, repealed, or transferred by this Act as though the
repeal, amendment, or transfer had not occurred. If the change
in nomenclature involves a change in name or designation of any
State unit, the successor unit shall be considered in all
respects as having the powers and obligations granted the former
unit.
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