ROBERT L. EHRLICH, JR., Governor

Ch. 5

FOR ALL PURPOSES, INCLUDING THE RIGHT TO OBTAIN A CERTIFICATE OF TITLE OR
REGISTRATION FROM AN APPROPRIATE UNIT OF THE STATE.

(F)     PROCEEDS FROM SALE.

(1)      THE AMOUNT RECEIVED FROM THE SALE OF PERSONAL PROPERTY
IN ACCORDANCE WITH THIS SECTION SHALL BE DISTRIBUTED IN THE FOLLOWING
ORDER OF PRIORITY:

(I)      FIRST, TO THE DEPARTMENT IN AN AMOUNT EQUAL TO THE
EXPENSE OF SALE AND ALL EXPENSES INCURRED WHILE THE PROPERTY WAS IN THE
POSSESSION OF THE DEPARTMENT;

(II)     SECOND, TO LIENHOLDERS IN ORDER OF THEIR PRIORITY; AND

(III)   THIRD, TO THE GENERAL FUND SUBJECT TO PARAGRAPHS (2)
AND (3) OF THIS SUBSECTION.

(2)      AT ANY TIME WITHIN 3 YEARS AFTER THE DATE OF A SALE UNDER
THIS SECTION, A PERSON WHO SUBMITS SATISFACTORY PROOF OF THE RIGHT TO
POSSESSION OF THE PROPERTY SHALL BE PAID, WITHOUT INTEREST, THE AMOUNT
DISTRIBUTED TO THE GENERAL FUND UNDER PARAGRAPH (1)(III) OF THIS
SUBSECTION.

(3)      A CLAIM UNDER PARAGRAPH (2) OF THIS SUBSECTION IS BARRED IF
MORE THAN 3 YEARS HAS PASSED SINCE THE DATE OF A SALE UNDER THIS SECTION.

(G)     EFFECT OF SECTION.

THIS SECTION DOES NOT CREATE OR RECOGNIZE ANY CAUSE, ACTION, OR
DEFENSE OR ABRIDGE ANY IMMUNITY NOW OR IN THE FUTURE HELD BY THE
DEPARTMENT, THE SECRETARY, OR AN EMPLOYEE OF THE DEPARTMENT.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 88B, § 27.

Subsection (a) of this section is revised as a scope provision, rather than a
definition of "personal property", because the former definition served to
delineate what types of property were not covered by this section.

Subsections (b), (c), and (d) of this section are revised to state expressly
that which only was implied in the former law, i.e., that the Department is
responsible for holding the property, delivering it to the person with the
right to possession, and selling the property in accordance with the
requirements of this section.

In subsection (e) of this section, the reference to a "unit" is substituted for
the former reference to a "department". See General Revisor's Note to
article.

In subsection (f)(1)(iii) of this section, the former reference to the General
Fund "of the State of Maryland" is deleted as implicit in the reference to
the "General Fund".

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