(B) TERMS.

(1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION:

(I) THE TERM OF A MEMBER OF THE COMMISSION IS 3 YEARS; AND

(II) THE TERMS OF THE MEMBERS OF THE COMMISSION ARE
STAGGERED AS REQUIRED BY THE TERMS PROVIDED FOR MEMBERS OF THE
COMMISSION ON OCTOBER 1, 1999.

(2) (I) THE ATTORNEY GENERAL, SECRETARY OF GENERAL SERVICES,
AND SECRETARY OF BUDGET AND MANAGEMENT SHALL SERVE AS EX OFFICIO
MEMBERS OF THE COMMISSION.

(II) AN EX OFFICIO MEMBER OF THE COMMISSION MAY SERVE
PERSONALLY AT ANY COMMISSION MEETING OR DESIGNATE A REPRESENTATIVE
FROM THE EX OFFICIO MEMBER'S UNIT WHO MAY ACT AT ANY COMMISSION
MEETING TO THE SAME EFFECT AS IF THE EX OFFICIO MEMBER WERE PERSONALLY
PRESENT.

(C) APPOINTMENT OF SUCCESSOR

(1) AT THE END OF A TERM, A MEMBER CONTINUES TO SERVE UNTIL A
SUCCESSOR IS APPOINTED AND QUALIFIES.

(2) A MEMBER WHO IS APPOINTED AFTER A TERM HAS BEGUN SERVES
ONLY FOR THE REMAINDER OF THE TERM AND UNTIL A SUCCESSOR IS APPOINTED
AND QUALIFIES.

REVISOR'S NOTE: Subsections (a), (b), and, as it describes a member's term,
(c)(2) of this section are new language derived without substantive change
from former Art. 41, § 4-401(c)(2) and (3).

Subsection (b)(1)(ii) of this section is standard language substituted for the
former obsolete reference in Art. 41, § 4-401(c)(3)(i) to the initial terms of
the eight members of the Commission not serving in an ex officio capacity.
This substitution/is not intended to alter the term of any member of the
Commission. The terms of the members serving on October 1, 1999, end as
follows: (1) three on July 1, 2000; (2) two on July 1, 2001; and (3) three on
July 1, 2002.

Subsection (c)(1) of this section and the clause "until a successor is
appointed and qualifies" in subsection (c)(2) of this section are standard
language added to avoid gaps in membership by indicating that a member
serves until a successor takes office. These additions are supported by the
holdings in Benson v. Mellor, 152 Md. 481 (1927) and Grooms v. LaVale
Zoning Board, 27 Md. App. 266 (1975).

In subsection (a) of this section, the former reference to members "who
collectively possess the following qualifications" is deleted as implicit in
the enumeration of the individual members.

In subsection (a)(4)(i) of this section, the phrase "members of the public" is