VETOES
3-124.
The Service may not be required to give any bond as security for costs, supersedeas,
or any other security in any suit or action brought by or against it, or in proceedings to
which it may be a party in any court in the State. The Service may appeal to a court having
jurisdiction without bonds, supersedeas, or security of any kind. No builder's,
materialman's, contractor's, laborer's, or mechanic's liens of any kind or character may
ever attach to or become a lien upon any property, real or personal, [belonging to]
OWNED OR CONTROLLED BY the Service. No assignment of wages may be binding upon
or recognized by the Service.
3-125.
(a) Any lien created in favor of the Service or a municipality pursuant to this
subtitle is effective against the person on whose property the lien exists AND THE OWNER
OF RECORD. However, the lien is not effective against any third party unless written
notice of the lien is recorded and indexed in a permanent record maintained in the office
of the clerk of the circuit court in each county in which the property subject to the lien or
any part of it is located.
(b) The notice shall contain the name and address of the [person] OWNER OF
RECORD against whose property the lien exists, the name and address of the Service or
municipality, the amount of the lien, a description or reference to the property subject to
the lien, and the date the lien was created.
(c) On presentation of a release of any lien of the Service or municipality, the
clerk of the proper court in which the lien is recorded and indexed shall record and index
the release and shall note in the lien docket the date the release is filed and the fact that
the lien is released.
(d) The clerk of the proper court shall provide a suitable well-bound book, at the
expense of the county or city, to be called the environmental service lien docket, in which
the notices of liens shall be recorded and indexed. The clerk may not collect more than $2
for recording and indexing each lien or release of any lien.
3-126.
(a) The Service may provide for the creation, continuation, and administration of
whatever funds may be required. Money in these funds and other money of the Service
shall be deposited, as directed by the Service, in any State or national bank, or federally
insured savings and loan associations having a total paid-in capital of at least $1,000,000
or in any financial institution in which the State Treasurer is authorized to deposit State
funds. The trust department of any State or national bank or savings and loan association
may be designated as a depository to receive any securities acquired or owned by the
Service. The restriction with respect to paid-in capital may be waived for any qualifying.
bank or savings and loan association which agrees to pledge securities of the State or of
the United States to protect the funds and securities of the Service in amounts and under
arrangements acceptable to the Service.
- 3440 -
S.B. 893
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