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Session Laws, 1989
Volume 771, Page 4790   View pdf image
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VETOES

(A)  Any moneys advanced by the State to the Fund from
general or special funds or from the proceeds of general
obligation bonds shall be maintained in a separate account and
may not be subject to attachment or any other judicial process by
any person.

(B)  ON AND AFTER JANUARY 1, 1990, ANY MONEYS RECOVERED BY
THE FUND AS INSURER, SUBROGEE, CONSERVATOR, OR RECEIVER AND NOT
REQUIRED FOR THE PURPOSES OF THE FUND UNDER THIS TITLE OR FOR THE
PURPOSES OF THE FUND AS A CONSERVATOR OR RECEIVER, SHALL BE:

(1) FIRST APPLIED TO REPAY ANY MONETARY ADVANCE BY
THE STATE TO THE FUND; AND

(2) TRANSFERRED TO THE REVENUE STABILIZATION ACCOUNT
OF THE STATE RESERVE FUND. BE TRANSFERRED TO THE STATE RESERVE
FUND ESTABLISHED UNDER § 7-309 OF THE STATE FINANCE AND
PROCUREMENT ARTICLE, AS FOLLOWS
:---------------------------------

(1) ONE-HALF TO THE DEDICATED PURPOSE ACCOUNT TO BE
USED FOR NONRECURRING EXPENDITURES, SUCH AS PAY-AS-YOU-GO CAPITAL

PROJECTS; AND-------------------------------------------------------------------

(2) ONE-HALF TO THE REVENUE STABILIZATION ACCOUNT.

10-120.

(b) Notwithstanding any other provision of law, in any
action of the Fund as insurer, subrogee, conservator, or receiver
against a shareholder, director, officer, employee, agent, or
other person contributing to a loss at a member association or to
enforce the terms of a net worth certificate or similar
obligation:

(1)  A judgment obtained by the Fund shall have
priority over any other judgment lien on a defendant's real or
personal property without need for further perfection or
execution thereon;

(2)  All attorneys' fees, costs, and expenses of the
Fund for the litigation shall be assessed as part of any judgment
in favor of the Fund; and

(3)  All moneys recovered by the Fund as insurer or
subrogee shall be first applied to repay any monetary advance by
the State to the Fund, including any and all fees, costs, and
expenses, to further the purposes of this title. Moneys so
recovered shall be placed in a separate account and SHALL BE
transferred to the [General Fund of the State] REVENUE
STABILIZATION ACCOUNT OF THE STATE RESERVE FUND STATE RESERVE
FUND ESTABLISHED UNDER § 7-309 OF THE STATE FINANCE AND
PROCUREMENT ARTICLE, ONE-HALF TO THE DEDICATED PURPOSE ACCOUNT TO
BE USED FOR NONRECURRING EXPENDITURES, SUCH AS PAY-AS-YOU-GO

- 4790 -

 

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Session Laws, 1989
Volume 771, Page 4790   View pdf image
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