Ch. 277                                    2003 LAWS OF MARYLAND

(i) AS TO AN IMPLEADER FILED AT LEAST 90 45 60 DAYS BEFORE
THE SCHEDULED SCHEDULED TRIAL IN THE CIRCUIT COURT OR AT LEAST 45 60 DAYS
BEFORE THE HEARING IN THE COURT OF SPECIAL APPEALS, SHALL:

1. suspend further proceedings; and

[(ii)] 2. remand the case to the Commission for further
proceedings to give the Subsequent Injury Fund an opportunity to defend against the
claim; AND

(II) AS TO AN IMPLEADER FILED AT ANY OTHER TIME LESS THAN 45
60 DAYS BEFORE THE TRIAL IN THE CIRCUIT COURT OR LESS THAN 45 60 DAYS
BEFORE THE HEARING IN THE COURT OF SPECIAL APPEALS, MAY FOR GOOD CAUSE
SHOWN:

1.       SUSPEND FURTHER PROCEEDINGS; AND

2.       REMAND THE CASE TO THE COMMISSION FOR FURTHER
PROCEEDINGS TO GIVE THE SUBSEQUENT INJURY FUND AN OPPORTUNITY TO
DEFEND AGAINST THE CLAIM.

(3) IF THE SUBSEQUENT INJURY FUND IS IMPLEADED ON APPEAL
BEFORE THE COURT OF SPECIAL APPEALS AND UNLESS THE COURT FINDS THAT THE
IMPLEADER WHO FILED IN BAD FAITH OR WITHOUT SUBSTANTIAL JUSTIFICATION,
THE COURT SHALL:

(I) SUSPEND FURTHER PROCEEDINGS; AND

(II) REMAND THE CASE TO THE COMMISSION FOR FURTHER
PROCEEDINGS TO GIVE THE SUBSEQUENT INJURY FUND AN OPPORTUNITY TO
DEFEND AGAINST THE CLAIM.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be
construed to apply only prospectively and may not be applied or interpreted to have
any effect on or application to any appeal filed before the effective date of this Act.

SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take
effect October 1, 2003.

Approved May 13, 2003.

CHAPTER 277
(House Bill 125)

AN ACT concerning

Public Drainage Associations

FOR the purpose of authorizing a public drainage association to impose certain
assessments on land owned by the State or a political subdivision of the State;

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