MD
Maryland Senate Bill SB899

Maryland 2022 Regular Session

Maryland Senate Bill SB899 Compare Versions

Only one version of the bill is available at this time.
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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
55 *sb0899*
66
77 SENATE BILL 899
88 J2 2lr3089
99
1010 By: Senator Kagan
1111 Introduced and read first time: February 7, 2022
1212 Assigned to: Education, Health, and Environmental Affairs
1313
1414 A BILL ENTITLED
1515
1616 AN ACT concerning 1
1717
1818 Health Occupations Boards – Authority Over Staffing and Infrastructure 2
1919 Operations 3
2020
2121 FOR the purpose of establishing that the Secretary of Health has authority over the 4
2222 infrastructure operations of health occupations boards and commissions; altering the 5
2323 method of selecting officers of certain health occupations boards; specifying the term 6
2424 of the president or chair of certain health occupations boards; establishing 7
2525 procedures for the filling of certain vacancies on certain health occupations boards; 8
2626 requiring the Secretary of Budget and Management, in consultation with the 9
2727 Secretary of Health, to determine the positions for which the Secretary of Health 10
2828 may set compensation; prohibiting certain special funds from being used to pay for 11
2929 infrastructure operations; and generally relating to the organization and operation 12
3030 of certain health occupations boards. 13
3131
3232 BY repealing and reenacting, with amendments, 14
3333 Article – Health Occupations 15
3434 Section 1–203(b), 1A–204(d), 1A–206(d)(1), 2–203, 2–204(d), 2–206(e)(1), 16
3535 3–203, 3–204(d), 3–206(d)(1), 4–203, 4–204(c), 4–207(d)(1), 5–203, 5–204(d), 17
3636 5–206(d)(1), 6–203, 6–204, 6–207(d)(1), 7–203, 7–204(d), 7–206(d)(1), 8–203, 18
3737 8–206(e)(1), 9–203, 9–204(d), 10–203, 10–204(d), 10–206(d)(1), 11–203, 19
3838 11–204(d), 11–207(d)(1), 12–203, 12–204(d), 12–206(d)(1), 13–203, 20
3939 13–207(d)(1), 14–203, 14–207(e)(1), 16–203, 16–204(d), 16–206(d)(1), 17–203, 21
4040 17–204(d), 17–206(d)(1), 18–203, 18–207(d)(1), 19–203, 19–204(d), 22
4141 19–206(f)(1), 20–203, 20–204(d) and (e), 21–203, and 21–204(d) and (e) 23
4242 Annotated Code of Maryland 24
4343 (2021 Replacement Volume) 25
4444
4545 BY repealing 26
4646 Article – Health Occupations 27
4747 Section 1A–203, 2–204(e), 8–204(d), 13–204, 13–205(d), 18–204(d), 19–204(e), and 28
4848 20–204(f) 29 2 SENATE BILL 899
4949
5050
5151 Annotated Code of Maryland 1
5252 (2021 Replacement Volume) 2
5353
5454 BY adding to 3
5555 Article – Health Occupations 4
5656 Section 1A–203, 2–204(e), 8–204(d), 13–204, and 18–204(d) 5
5757 Annotated Code of Maryland 6
5858 (2021 Replacement Volume) 7
5959
6060 BY repealing and reenacting, without amendments, 8
6161 Article – Health Occupations 9
6262 Section 1A–206(a), 2–206(a), 3–206(a), 4–207(a), 5–206(a), 6–207(a), 7–206(a), 10
6363 8–206(a), 10–206(a), 11–207(a), 12–206(a), 13–207(a), 14–207(a), 16–206(a), 11
6464 17–206(a), 18–207(a), and 19–206(a) 12
6565 Annotated Code of Maryland 13
6666 (2021 Replacement Volume) 14
6767
6868 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
6969 That the Laws of Maryland read as follows: 16
7070
7171 Article – Health Occupations 17
7272
7373 1–203. 18
7474
7575 (b) (1) (I) IN THIS SUBSECTION , “INFRASTRUCTURE OPERA TIONS” 19
7676 MEANS THE ADMINISTRA TIVE ACTIVITIES OF A BOARD OR COMMISSION 20
7777 ESTABLISHED UNDER TH IS ARTICLE, INCLUDING TOOLS AND RESOURCES FOR THE 21
7878 USE AND SUPPORT OF D ELIBERATIVE ACTIONS . 22
7979
8080 (II) “INFRASTRUCTURE OPERAT IONS” DOES NOT INCLUDE 23
8181 LICENSING, INVESTIGATION , OR DISCIPLINARY ACTI VITIES. 24
8282
8383 (2) [The] EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS 25
8484 SUBSECTION, THE power of the Secretary to transfer staff or functions of units in the 26
8585 Department does not apply to any staff of a board or commission, established under this 27
8686 article, or to any functions that pertain to licensing, disciplinary, or enforcement authority, 28
8787 or to any other authority specifically delegated by law to a board or commission. 29
8888
8989 (3) THE SECRETARY HAS AUTHORI TY OVER THE INFRASTR UCTURE 30
9090 OPERATIONS OF A BOAR D OR COMMISSION ESTA BLISHED UNDER THIS A RTICLE. 31
9191
9292 [1A–203. 32
9393
9494 From among its members, the Board shall elect officers in a manner and for terms 33
9595 that the Board determines.] 34
9696 SENATE BILL 899 3
9797
9898
9999 1A–203. 1
100100
101101 (A) (1) THE GOVERNOR, IN CONSULTATION WITH THE BOARD, SHALL 2
102102 APPOINT THE PRESIDEN T OF THE BOARD. 3
103103
104104 (2) THE TERM OF OFFICE OF THE PRESIDENT IS 2 YEARS. 4
105105
106106 (3) THE PRESIDENT MAY APPOINT A VICE P RESIDENT. 5
107107
108108 (4) IF A VACANCY OCCURS I N THE OFFICE OF PRES IDENT, WITHIN 30 6
109109 DAYS AFTER THE DATE OF THE VACANCY , THE BOARD SHALL HOLD A SP ECIAL 7
110110 ELECTION TO ELECT A PRESIDENT TO COMPLET E THE TERM OF THE VA CATING 8
111111 PRESIDENT. 9
112112
113113 (B) FROM AMONG ITS MEMBERS , THE BOARD SHALL ELECT ANY OFFICERS, 10
114114 OTHER THAN THE PRESI DENT AND VICE PRESID ENT, THAT IT CONSIDERS 11
115115 NECESSARY. 12
116116
117117 (C) THE BOARD SHALL DETERMINE : 13
118118
119119 (1) THE MANNER OF ELECTIO N OF OFFICERS; 14
120120
121121 (2) THE TERM OF OFFICE OF EACH OFFICER ; AND 15
122122
123123 (3) THE DUTIES OF EACH OF FICER. 16
124124
125125 1A–204. 17
126126
127127 (d) (1) (I) The [Board] SECRETARY, IN CONSULTATION WITH THE 18
128128 BOARD, may employ a staff FOR THE BOARD in accordance with the State budget. 19
129129
130130 (II) THE SECRETARY, IN CONSULTATION WITH THE BOARD, 20
131131 MAY DESIGNATE ONE OF THE STAFF AS AN EXEC UTIVE DIRECTOR . 21
132132
133133 (2) THE SECRETARY MAY SET THE COMPENSATION OF AN E MPLOYEE 22
134134 OF THE BOARD IN A POSITION T HAT: 23
135135
136136 (I) IS UNIQUE TO THE BOARD; 24
137137
138138 (II) REQUIRES SPECIFIC SKI LLS OR EXPERIENCE TO PERFORM 25
139139 THE DUTIES OF THE PO SITION; AND 26
140140
141141 (III) DOES NOT REQUIRE THE EMPLOYEE TO PERFORM 27
142142 FUNCTIONS THAT ARE C OMPARABLE TO FUNCTIO NS PERFORMED IN OTHE R UNITS 28 4 SENATE BILL 899
143143
144144
145145 OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT . 1
146146
147147 (3) THE SECRETARY OF BUDGET AND MANAGEMENT , IN 2
148148 CONSULTATION WITH TH E SECRETARY, SHALL DETERMINE THE POSITI ONS FOR 3
149149 WHICH THE SECRETARY MAY SET COM PENSATION UNDER PARA GRAPH (2) OF THIS 4
150150 SUBSECTION. 5
151151
152152 1A–206. 6
153153
154154 (a) There is an Acupuncture Board Fund. 7
155155
156156 (d) (1) (I) The Fund shall be used exclusively to cover the actual 8
157157 documented direct and indirect costs of fulfilling the statutory and regulatory duties of the 9
158158 Board as provided by the provisions of this title. 10
159159
160160 (II) THE FUND MAY NOT BE USED TO PAY FOR 11
161161 INFRASTRUCTURE OPERA TIONS, AS DEFINED IN § 1–203(B) OF THIS ARTICLE. 12
162162
163163 2–203. 13
164164
165165 [(a) From among its members, the Board annually shall elect a chairman.] 14
166166
167167 (A) (1) THE GOVERNOR, IN CONSULTATION WITH THE BOARD, SHALL 15
168168 APPOINT THE CHAIR OF THE BOARD. 16
169169
170170 (2) THE TERM OF OFFICE OF THE CHAIR IS 2 YEARS. 17
171171
172172 (3) THE CHAIR MAY APPOINT A VICE CHAIR. 18
173173
174174 (4) IF A VACANCY OCCURS IN THE OFFICE OF CHAIR , WITHIN 30 DAYS 19
175175 AFTER THE DATE OF TH E VACANCY, THE BOARD SHALL HOLD A SP ECIAL ELECTION 20
176176 TO ELECT A CHAIR TO COMPLETE THE TERM OF THE VACATING CHAIR . 21
177177
178178 (B) FROM AMONG ITS MEMBER S, THE BOARD SHALL ELECT ANY OFFICERS, 22
179179 OTHER THAN THE CHAIR AND VICE CHAIR, THAT IT CONSIDERS NE CESSARY. 23
180180
181181 [(b)] (C) The Board shall determine: 24
182182
183183 (1) The manner of election of officers; [and] 25
184184
185185 (2) THE TERM OF OFFICE OF EACH OFFICER ; AND 26
186186
187187 [(2)] (3) The duties of each officer. 27
188188
189189 2–204. 28 SENATE BILL 899 5
190190
191191
192192
193193 (d) (1) The [Board] SECRETARY, IN CONSULTATION WITH THE BOARD, 1
194194 may employ a staff FOR THE BOARD in accordance with the STATE budget [of the Board]. 2
195195
196196 (2) THE SECRETARY, IN CONSULTATION WITH THE BOARD, MAY 3
197197 DESIGNATE ONE OF THE STAFF AS AN EXECUTIV E DIRECTOR. 4
198198
199199 [(e) The Board shall appoint an executive director who: 5
200200
201201 (1) Shall serve at the pleasure of the Board; 6
202202
203203 (2) Is the executive officer of the Board; and 7
204204
205205 (3) Has the powers and duties assigned by the Board.] 8
206206
207207 (E) (1) THE SECRETARY MAY SET THE COMPENS ATION OF AN EMPLOYEE 9
208208 OF THE BOARD IN A POSITION T HAT: 10
209209
210210 (I) IS UNIQUE TO THE BOARD; 11
211211
212212 (II) REQUIRES SPECIFIC SKI LLS OR EXPERIENCE TO PERFORM 12
213213 THE DUTIES OF THE PO SITION; AND 13
214214
215215 (III) DOES NOT REQUIRE THE EMPLOYEE TO PERFORM 14
216216 FUNCTIONS THAT ARE C OMPARABL E TO FUNCTIONS PERFO RMED IN OTHER UNITS 15
217217 OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT . 16
218218
219219 (2) THE SECRETARY OF BUDGET AND MANAGEMENT , IN 17
220220 CONSULTATION WITH TH E SECRETARY, SHALL DETERMINE THE POSITIONS FOR 18
221221 WHICH THE SECRETARY MAY SET COM PENSATION UNDER PARAGRAPH (1) OF THIS 19
222222 SUBSECTION. 20
223223
224224 2–206. 21
225225
226226 (a) There is a State Board of Examiners for Audiologists, Hearing Aid Dispensers, 22
227227 Speech–Language Pathologists, and Music Therapists Fund. 23
228228
229229 (e) (1) (I) The Fund shall be used to cover the actual documented direct 24
230230 and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided 25
231231 by the provisions of this article. 26
232232
233233 (II) THE FUND MAY NOT BE USED TO PAY FOR 27
234234 INFRASTRUCTURE OPERA TIONS, AS DEFINED IN § 1–203(B) OF THIS ARTICLE. 28
235235
236236 3–203. 29 6 SENATE BILL 899
237237
238238
239239
240240 [(a) From among its members, the Board annually shall elect a president, a 1
241241 vice–president, and a secretary–treasurer.] 2
242242
243243 (A) (1) THE GOVERNOR, IN CONSULTATION WITH THE BOARD, SHALL 3
244244 APPOINT THE PRESIDEN T OF THE BOARD. 4
245245
246246 (2) THE TERM OF OFFICE OF THE PRESIDENT IS 2 YEARS. 5
247247
248248 (3) THE PRESIDENT MAY APP OINT A VICE PRESIDEN T. 6
249249
250250 (4) IF A VACANCY OCCURS I N THE OFFICE OF PRES IDENT, WITHIN 30 7
251251 DAYS AFTER THE DATE OF THE VACANCY , THE BOARD SHALL HOLD A SP ECIAL 8
252252 ELECTION TO ELECT A PRESIDENT TO COMPLET E THE TERM OF THE VACATING 9
253253 PRESIDENT. 10
254254
255255 (B) FROM AMONG ITS MEMBER S, THE BOARD SHALL ELECT ANY OFFICERS, 11
256256 OTHER THAN THE PRESI DENT AND VICE PRESID ENT, THAT IT CONSIDERS 12
257257 NECESSARY. 13
258258
259259 [(b)] (C) The Board shall determine: 14
260260
261261 (1) The manner of election of officers; [and] 15
262262
263263 (2) THE TERM OF OFFICE OF EACH OFFICER ; AND 16
264264
265265 [(2)] (3) The duties of each officer. 17
266266
267267 3–204. 18
268268
269269 (d) (1) (I) The [Board and the State Board of Massage Therapy Examiners] 19
270270 SECRETARY, IN CONSULTATION WITH THE BOARD, may employ a staff FOR THE 20
271271 BOARD AND THE STATE BOARD OF MASSAGE THERAPY EXAMINERS in accordance 21
272272 with the [budgets of the boards] STATE BUDGET . 22
273273
274274 [(2)] (II) The [Board and the State Board of Massage Therapy Examiners 23
275275 jointly shall appoint a staff member] SECRETARY, IN CONSUL TATION WITH THE 24
276276 BOARD, MAY DESIGNATE ONE OF THE STAFF as [the] AN executive director[, who serves 25
277277 at the pleasure of both boards]. 26
278278
279279 [(3)] (2) The [executive director] SECRETARY MAY SET THE 27
280280 COMPENSATION OF AN E MPLOYEE OF THE BOARD IN A POSITION T HAT: 28
281281
282282 [(i) Is the executive director of both boards; and 29 SENATE BILL 899 7
283283
284284
285285
286286 (ii) Has the powers and duties assigned by the boards.] 1
287287
288288 (I) IS UNIQUE TO THE BOARD; 2
289289
290290 (II) REQUIRES SPECIFIC SKI LLS OR EXPERIENCE TO PERFORM 3
291291 THE DUTIES OF THE PO SITION; AND 4
292292
293293 (III) DOES NOT RE QUIRE THE EMPLOYEE T O PERFORM 5
294294 FUNCTIONS THAT ARE C OMPARABLE TO FUNCTIO NS PERFORMED IN OTHE R UNITS 6
295295 OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT . 7
296296
297297 (3) THE SECRETARY OF BUDGET AND MANAGEMENT , IN 8
298298 CONSULTATION WITH TH E SECRETARY, SHALL DETERMINE THE POSITIONS FOR 9
299299 WHICH THE SECRETARY MAY SET COM PENSATION UNDER PARA GRAPH (2) OF THIS 10
300300 SUBSECTION. 11
301301
302302 3–206. 12
303303
304304 (a) There is a State Board of Chiropractic Examiners Fund. 13
305305
306306 (d) (1) (I) The Fund shall be used to cover the actual documented direct 14
307307 and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided 15
308308 by the provisions of this article. 16
309309
310310 (II) THE FUND MAY NOT BE USED TO PAY FOR 17
311311 INFRASTRUCTURE OPERA TIONS, AS DEFINED IN § 1–203(B) OF THIS ARTICLE. 18
312312
313313 4–203. 19
314314
315315 (a) (1) THE GOVERNOR, IN CONSULTATION WITH TH E BOARD, SHALL 20
316316 APPOINT THE PRESIDEN T OF THE BOARD. 21
317317
318318 (2) THE TERM OF OFFICE OF THE PRESIDENT IS 2 YEARS. 22
319319
320320 (3) THE PRESIDENT MAY APP OINT A VICE PRESIDEN T. 23
321321
322322 (4) IF A VACANCY OCCURS I N THE OFFICE OF PRES IDENT, WITHIN 30 24
323323 DAYS AFTER THE DATE OF THE VACANCY , THE BOARD SHALL HOLD A SP ECIAL 25
324324 ELECTION TO ELECT A PRESIDENT TO COMPLET E THE TERM OF THE VA CATING 26
325325 PRESIDENT. 27
326326
327327 (B) From among its members, the Board shall elect [a president and a secretary] 28
328328 ANY OFFICERS , OTHER THAN THE PRESI DENT AND VICE PRESIDENT , THAT IT 29 8 SENATE BILL 899
329329
330330
331331 CONSIDERS NECESSARY . 1
332332
333333 [(b)] (C) The Board shall determine: 2
334334
335335 (1) The manner of election of officers; 3
336336
337337 (2) The term of office of each officer; and 4
338338
339339 (3) The duties of each officer. 5
340340
341341 4–204. 6
342342
343343 (c) (1) (I) The [Board] SECRETARY, IN CONSULTATION WITH TH E 7
344344 BOARD, may employ a staff FOR THE BOARD in accordance with the STATE budget [of 8
345345 the Board]. 9
346346
347347 (II) THE SECRETARY, IN CONSULTATION WITH THE BOARD, 10
348348 MAY DESIGNATE ONE OF THE STAFF AS AN EXEC UTIVE DIRECTOR . 11
349349
350350 (2) THE SECRETARY MAY SET THE COMPENSATION OF AN EMPLOYEE 12
351351 OF THE BOARD IN A POSITION T HAT: 13
352352
353353 (I) IS UNIQUE TO THE BOARD; 14
354354
355355 (II) REQUIRES SPECIFIC SKI LLS OR EXPERIENCE TO PERFORM 15
356356 THE DUTIES OF THE PO SITION; AND 16
357357
358358 (III) DOES NOT REQUIRE THE EMPLOYEE TO PERFORM 17
359359 FUNCTIONS THAT A RE COMPARABLE TO FUN CTIONS PERFORMED IN OTHER UNITS 18
360360 OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT . 19
361361
362362 (3) THE SECRETARY OF BUDGET AND MANAGEMENT , IN 20
363363 CONSULTATION WITH TH E SECRETARY, SHALL DETERMINE THE POSITIONS FOR 21
364364 WHICH THE SECRETARY MAY SET COM PENSATION UNDER PARAGRAPH (2) OF THIS 22
365365 SUBSECTION. 23
366366
367367 4–207. 24
368368
369369 (a) There is a State Board of Dental Examiners Fund. 25
370370
371371 (d) (1) (I) The Fund shall be used to cover the actual documented direct 26
372372 and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided 27
373373 by the provisions of this article. 28
374374
375375 (II) THE FUND MAY NOT BE USED TO PAY FOR 29 SENATE BILL 899 9
376376
377377
378378 INFRASTRUCTURE OPERA TIONS, AS DEFINED IN § 1–203(B) OF THIS ARTICLE. 1
379379
380380 5–203. 2
381381
382382 (a) (1) THE GOVERNOR, IN CONSULTATION WITH THE BOARD, SHALL 3
383383 APPOINT THE CHAIR OF THE BOARD. 4
384384
385385 (2) THE TERM OF OFFICE OF THE CHAIR IS 2 YEARS. 5
386386
387387 (3) THE CHAIR MAY APPOINT A VICE CHAIR. 6
388388
389389 (4) IF A VACANCY OCCURS I N THE OFFICE OF CHAI R, WITHIN 30 DAYS 7
390390 AFTER THE DATE OF TH E VACANCY, THE BOARD SHALL HOLD A SP ECIAL ELECTION 8
391391 TO ELECT A CHAIR TO COMPLETE TH E TERM OF THE VACATI NG CHAIR. 9
392392
393393 (B) From among its members, the Board [annually] shall elect [a chairman, a vice 10
394394 chairman, and a secretary] ANY OFFICERS, OTHER THAN THE CHAIR AND VICE CHAIR, 11
395395 THAT IT CONSIDERS NE CESSARY. 12
396396
397397 [(b)] (C) The Board shall determine: 13
398398
399399 (1) The manner of election of officers; [and] 14
400400
401401 (2) THE TERM OF OFFICE OF EACH OFFICER ; AND 15
402402
403403 [(2)] (3) The duties of each officer. 16
404404
405405 5–204. 17
406406
407407 (d) (1) (I) The [Board] SECRETARY, IN CONSULTATION WITH THE 18
408408 BOARD, may employ a staff FOR THE BOARD in accordance with the STATE budget [of 19
409409 the Board]. 20
410410
411411 (II) THE SECRETARY, IN CONSULTATION WITH THE BOARD, 21
412412 MAY DESIGNATE ONE OF THE STAFF AS AN EXEC UTIVE DIRECTOR . 22
413413
414414 (2) THE SECRETARY MAY SET THE COMPENSATION OF AN E MPLOYEE 23
415415 OF THE BOARD IN A POSITION THAT: 24
416416
417417 (I) IS UNIQUE TO THE BOARD; 25
418418
419419 (II) REQUIRES SPECIFIC SKI LLS OR EXPERIENCE TO PERFORM 26
420420 THE DUTIES OF THE PO SITION; AND 27
421421 10 SENATE BILL 899
422422
423423
424424 (III) DOES NOT REQUIRE THE EMPLOYEE TO PERFORM 1
425425 FUNCTIONS THAT ARE C OMPARABLE TO FUNCTIO NS PERFORMED IN OTHE R UNITS 2
426426 OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT . 3
427427
428428 (3) THE SECRETARY OF BUDGET AND MANAGEMENT , IN 4
429429 CONSULTATION WITH TH E SECRETARY, SHALL DETERMINE THE POSITIONS FOR 5
430430 WHICH THE SECRETARY MAY SET COM PENSATION UNDER PARA GRAPH (2) OF THIS 6
431431 SUBSECTION. 7
432432
433433 5–206. 8
434434
435435 (a) There is a State Board of Dietetic Practice Fund. 9
436436
437437 (d) (1) (I) The Fund shall be used to cover the actual documented direct 10
438438 and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided 11
439439 by the provisions of this article. 12
440440
441441 (II) THE FUND MAY NOT BE USED TO PAY FOR 13
442442 INFRASTRUCTURE OPERA TIONS, AS DEFINED IN § 1–203(B) OF THIS ARTICLE. 14
443443
444444 6–203. 15
445445
446446 (A) (1) THE GOVERNOR, IN CONSULTATION WITH THE BOARD, SHALL 16
447447 APPOINT THE CHAIR OF THE BOARD. 17
448448
449449 (2) THE TERM OF OFFICE OF THE CHAIR IS 2 YEARS. 18
450450
451451 (3) THE CHAIR MAY APPOINT A VICE CHAIR. 19
452452
453453 (4) IF A VACANCY OCCURS I N THE OFFICE OF CHAI R, WITHIN 30 DAYS 20
454454 AFTER THE DATE OF TH E VACANCY, THE BOARD SHALL HOLD A SP ECIAL ELECTION 21
455455 TO ELECT A CHAIR TO COMPLETE THE TERM OF THE VACATING CHAIR . 22
456456
457457 [(a)] (B) From among its members, the Board [annually] shall elect [a chair, vice 23
458458 chair, and secretary–treasurer] ANY OFFICERS , OTHER THAN THE CHAIR AND VICE 24
459459 CHAIR, THAT IT CONSIDERS NE CESSARY. 25
460460
461461 [(b)] (C) The Board shall determine: 26
462462
463463 (1) The manner of election of the officers; [and] 27
464464
465465 (2) THE TERM OF OFFICE OF EACH OFFICER ; AND 28
466466
467467 [(2)] (3) The duties of each officer. 29 SENATE BILL 899 11
468468
469469
470470
471471 6–204. 1
472472
473473 (a) The SECRETARY, IN CONSULTATION WITH THE BOARD, MAY EMPLOY A 2
474474 STAFF FOR THE Board and the State Board of Chiropractic Examiners [may employ a 3
475475 staff] in accordance with the [budgets of the boards] STATE BUDGET . 4
476476
477477 (b) The [Board and the State Board of Chiropractic Examiners jointly shall 5
478478 appoint] SECRETARY, IN CONSULTATION WITH THE BOARD, MAY DESIGNATE ONE OF 6
479479 THE STAFF AS an executive director[, who serves at the pleasure of both boards]. 7
480480
481481 [(c) The executive director: 8
482482
483483 (1) Is the executive officer of both boards; and 9
484484
485485 (2) Has the powers and duties assigned by the boards.] 10
486486
487487 (C) (1) THE SECRETARY MAY SET THE COMPENSATION OF AN E MPLOYEE 11
488488 OF THE BOARD IN A POSITION T HAT: 12
489489
490490 (I) IS UNIQUE TO THE BOARD; 13
491491
492492 (II) REQUIRES SPECIFIC SKI LLS OR EXPERIENCE TO PERFORM 14
493493 THE DUTIES OF THE PO SITION; AND 15
494494
495495 (III) DOES NOT REQUIRE THE EMPLOYEE TO PERFORM 16
496496 FUNCTIONS THAT ARE C OMPARABLE TO FUNCTIO NS PERFORMED IN OTHE R UNITS 17
497497 OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT . 18
498498
499499 (2) THE SECRETARY OF BUDGET AND MANAGEMENT , IN 19
500500 CONSULTATION WITH TH E SECRETARY, SHALL DETERMINE THE POSITIONS FOR 20
501501 WHICH THE SECRETARY MAY SET COMPENSAT ION UNDER PARAGRAPH (1) OF THIS 21
502502 SUBSECTION. 22
503503
504504 6–207. 23
505505
506506 (a) There is a State Board of Massage Therapy Examiners Fund. 24
507507
508508 (d) (1) (I) The Fund shall be used to cover the actual documented direct 25
509509 and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided 26
510510 in this title. 27
511511
512512 (II) THE FUND MAY NOT BE USED TO PAY FOR 28
513513 INFRASTRUCTURE OPERA TIONS, AS DEFINED IN § 1–203(B) OF THIS ARTICLE. 29
514514 12 SENATE BILL 899
515515
516516
517517 7–203. 1
518518
519519 (A) (1) THE GOVERNOR, IN CONSULTATION WITH THE BOARD, SHALL 2
520520 APPOINT THE PRESIDEN T OF THE BOARD. 3
521521
522522 (2) THE TERM OF OFFICE OF THE PRESIDENT IS 2 YEARS. 4
523523
524524 (3) THE PRESIDENT MAY APP OINT A VICE PRESIDEN T. 5
525525
526526 (4) IF A VACANCY OCCURS I N THE OFFICE OF PRES IDENT, WITHIN 30 6
527527 DAYS AFTER THE DATE OF THE VACANCY , THE BOARD SHALL HOLD A SPECIAL 7
528528 ELECTION TO ELECT A PRESIDENT TO COMPLET E THE TERM OF THE VA CATING 8
529529 PRESIDENT. 9
530530
531531 [(a)] (B) From among its members, the Board shall elect [a president, a first vice 10
532532 president, and a second vice president] ANY OFFICERS, OTHER THAN THE PRE SIDENT 11
533533 AND VICE PRESIDENT , THAT IT CONSIDERS NE CESSARY. 12
534534
535535 [(b)] (C) The Board shall determine: 13
536536
537537 (1) The manner of election of officers; 14
538538
539539 (2) The term of office of each officer; and 15
540540
541541 (3) The duties of each officer. 16
542542
543543 7–204. 17
544544
545545 (d) (1) (I) The [Board may appoint a Board secretary, who may be a 18
546546 member of the Board. 19
547547
548548 (2) The Board] SECRETARY, IN CONSULTATION WITH THE BOARD, may 20
549549 employ [inspectors and other] staff FOR THE BOARD in accordance with the STATE budget 21
550550 [of the Board]. 22
551551
552552 (II) THE SECRETARY, IN CONSULTATION WITH TH E BOARD, 23
553553 MAY DESIGNATE ONE OF THE STAFF AS BOARD SECRETARY . 24
554554
555555 (2) THE SECRETARY MAY SET THE COMPENSATION OF AN E MPLOYEE 25
556556 OF THE BOARD IN A POSITION T HAT: 26
557557
558558 (I) IS UNIQUE TO THE BOARD; 27
559559
560560 (II) REQUIRES SPECIFIC SKI LLS OR EXPERIENCE TO PERFORM 28 SENATE BILL 899 13
561561
562562
563563 THE DUTIES OF THE PO SITION; AND 1
564564
565565 (III) DOES NOT REQUIRE THE EMPLOYEE TO PERFORM 2
566566 FUNCTIONS THAT ARE C OMPARABLE TO FUNCTIO NS PERFORMED IN OTHE R UNITS 3
567567 OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT . 4
568568
569569 (3) THE SECRETARY OF BUDGET AND MANAGEMENT , IN 5
570570 CONSULTATION WITH THE SECRETARY, SHALL DETERMINE THE POSITIONS FOR 6
571571 WHICH THE SECRETARY MAY SET COM PENSATION UNDER PARA GRAPH (2) OF THIS 7
572572 SUBSECTION. 8
573573
574574 7–206. 9
575575
576576 (a) There is a State Board of Morticians and Funeral Directors Fund. 10
577577
578578 (d) (1) (I) The Fund shall be used to cover the actual documented direct 11
579579 and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided 12
580580 by the provisions of this article. 13
581581
582582 (II) THE FUND MAY NOT BE USED TO PAY FOR 14
583583 INFRASTRUCTURE OPERA TIONS, AS DEFINED IN § 1–203(B) OF THIS ARTICLE. 15
584584
585585 8–203. 16
586586
587587 [(a) (1) Subject to paragraph (2) of this subsection, from among its members, 17
588588 the Board shall elect a president and a secretary once every 2 years in June or as required 18
589589 by subsection (c) of this section. 19
590590
591591 (2) The president of the Board shall be a registered nurse. 20
592592
593593 (3) The president shall serve a 2–year term unless: 21
594594
595595 (i) The term of the member serving as the president expires before 22
596596 the end of the member’s term as president; or 23
597597
598598 (ii) The president resigns.] 24
599599
600600 (A) (1) THE GOVERNOR, IN CONSULTATION WITH THE BOARD, SHALL 25
601601 APPOINT THE PRESIDEN T OF THE BOARD. 26
602602
603603 (2) THE TERM OF OFFICE OF THE PRESIDENT IS 2 YEARS. 27
604604
605605 (3) THE PRESIDENT MAY A PPOINT A VICE PRESID ENT. 28
606606
607607 (4) IF A VACANCY OCCURS I N THE OFFICE OF PRES IDENT, WITHIN 30 29 14 SENATE BILL 899
608608
609609
610610 DAYS AFTER THE DATE OF THE VACANCY , THE BOARD SHALL HOLD A SP ECIAL 1
611611 ELECTION TO ELECT A PRESIDENT TO COMPLET E THE TERM OF THE VA CATING 2
612612 PRESIDENT. 3
613613
614614 (B) FROM AMONG ITS MEMBERS, THE BOARD SHALL ELECT ANY OFFICERS, 4
615615 OTHER THAN THE PRESI DENT AND VICE PRESID ENT, THAT IT CONSIDERS 5
616616 NECESSARY. 6
617617
618618 [(b)] (C) The Board shall determine: 7
619619
620620 (1) The manner of election of officers; [and] 8
621621
622622 (2) THE TERM OF OFFICE OF EACH OFFICER ; AND 9
623623
624624 [(2)] (3) The duties of each officer. 10
625625
626626 [(c) If a vacancy occurs under subsection (a)(3)(ii) of this section, the Board shall 11
627627 hold a special election to elect a president to complete the term of the vacating president 12
628628 within 30 days of the date of the vacancy.] 13
629629
630630 8–204. 14
631631
632632 [(d) The Board may: 15
633633
634634 (1) Employ a staff in accordance with the State budget; 16
635635
636636 (2) Define the duties of its staff. 17
637637
638638 (3) Employ: 18
639639
640640 (i) An executive director who shall be a registered nurse with a 19
641641 minimum of a master’s degree in nursing or the equivalent, in the judgment of the Board, 20
642642 in professional education and administrative experience; and 21
643643
644644 (ii) A deputy director who shall assume the duties and authority of 22
645645 the executive director in the absence of the executive director.] 23
646646
647647 (D) (1) (I) THE SECRETARY, IN CONSULTATION WITH THE BOARD, 24
648648 MAY EMPLOY A STAFF F OR THE BOARD IN ACCORDANCE W ITH THE STATE BUDGET . 25
649649
650650 (II) THE SECRETARY, IN CONSULTATION WITH THE BOARD, 26
651651 MAY DESIGNATE ONE OF THE STAFF AS AN EXEC UTIVE DIRECTOR . 27
652652
653653 (2) THE SECRETARY MAY SET THE COMPENSATION OF AN E MPLOYEE 28
654654 OF THE BOARD IN A POSITION T HAT: 29 SENATE BILL 899 15
655655
656656
657657
658658 (I) IS UNIQUE TO THE BOARD; 1
659659
660660 (II) REQUIRES SPECIFIC SKI LLS OR EXPERIENCE TO PERFORM 2
661661 THE DUTIES OF THE PO SITION; AND 3
662662
663663 (III) DOES NOT REQUIRE THE EMPLOYEE TO PERFORM 4
664664 FUNCTIONS THAT ARE C OMPARABLE TO FUNCTIO NS PERFORMED IN OTHE R UNITS 5
665665 OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT . 6
666666
667667 (3) THE SECRETARY OF BUDGET AND MANAGEMENT , IN 7
668668 CONSULTATION WITH TH E SECRETARY, SHALL DETERMINE THE POSITIONS FOR 8
669669 WHICH THE SECRETARY MAY S ET COMPENSATION UNDE R PARAGRAPH (2) OF THIS 9
670670 SUBSECTION. 10
671671
672672 8–206. 11
673673
674674 (a) There is a Board of Nursing Fund. 12
675675
676676 (e) (1) (I) The Board of Nursing Fund shall be used exclusively to cover the 13
677677 actual documented direct and indirect costs of fulfilling the statutory and regulatory duties 14
678678 of the Board as provided by the provisions of this title. 15
679679
680680 (II) THE BOARD OF NURSING FUND MAY NOT BE USED TO PAY 16
681681 FOR INFRASTRUCTURE O PERATIONS, AS DEFINED IN § 1–203(B) OF THIS ARTICLE. 17
682682
683683 9–203. 18
684684
685685 (a) (1) [From among the Board member s, the] THE Governor, IN 19
686686 CONSULTATION WITH TH E BOARD, shall appoint a [chairman and vice chairman] CHAIR 20
687687 of the Board. 21
688688
689689 (2) THE TERM OF OFFICE OF THE CHAIR IS 2 YEARS. 22
690690
691691 (3) THE CHAIR MAY APPOINT A VICE CHAIR. 23
692692
693693 (4) IF A VACANCY OCCURS I N THE OFFICE OF CHAIR, WITHIN 30 DAYS 24
694694 AFTER THE DATE OF TH E VACANCY, THE BOARD SHALL HOLD A SP ECIAL ELECTION 25
695695 TO ELECT A CHAIR TO COMPLETE THE TERM OF THE VACATING CHAIR . 26
696696
697697 [(b) (1) The Board shall appoint and the Secretary shall confirm the Board 27
698698 executive director. 28
699699
700700 (2) The Board executive director may not be a member of the Board and 29
701701 serves at the pleasure of the Board. 30 16 SENATE BILL 899
702702
703703
704704
705705 (3) The Board executive director is the executive officer of the Board. 1
706706
707707 (4) The Board executive director shall have, at a minimum, a bachelor’s 2
708708 degree. 3
709709
710710 (c) The Board shall determine the duties of each officer.] 4
711711
712712 (B) FROM AMONG ITS MEMBER S, THE BOARD SHALL ELECT ANY OFFICERS, 5
713713 OTHER THAN THE CHAIR AND VICE CHAIR, THAT IT CONSIDERS NE CESSARY. 6
714714
715715 (C) THE BOARD SHALL DETERMINE : 7
716716
717717 (1) THE MANNER O F ELECTION OF OFFICE RS; 8
718718
719719 (2) THE TERM OF OFFICE OF EACH OFFICER ; AND 9
720720
721721 (3) THE DUTIES OF EACH OF FICER. 10
722722
723723 9–204. 11
724724
725725 (d) (1) (I) The [Board] SECRETARY, IN CONSULTATION WITH THE 12
726726 BOARD, may employ a staff FOR THE BOARD in accordance with the State budget. 13
727727
728728 (II) THE SECRETARY, IN CONSULTATION WITH THE BOARD, 14
729729 MAY DESIGNATE ONE OF THE STAFF AS AN EXEC UTIVE DIRECTOR . 15
730730
731731 (2) THE SECRETARY MAY SET THE COMPENSATION OF AN E MPLOYEE 16
732732 OF THE BOARD IN A POSITION T HAT: 17
733733
734734 (I) IS UNIQUE TO THE BOARD; 18
735735
736736 (II) REQUIRES SPECIFIC SKILLS OR E XPERIENCE TO PERFORM 19
737737 THE DUTIES OF THE PO SITION; AND 20
738738
739739 (III) DOES NOT REQUIRE THE EMPLOYEE TO PERFORM 21
740740 FUNCTIONS THAT ARE C OMPARABLE TO FUNCTIO NS PERFORMED IN OTHE R UNITS 22
741741 OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT . 23
742742
743743 (3) THE SECRETARY OF BUDGET AND MANAGEMENT , IN 24
744744 CONSULTATION WITH TH E SECRETARY, SHALL DETERMINE THE POSITIONS FOR 25
745745 WHICH THE SECRETARY MAY SET COM PENSATION UNDER PARA GRAPH (2) OF THIS 26
746746 SUBSECTION. 27
747747 SENATE BILL 899 17
748748
749749
750750 10–203. 1
751751
752752 [(a) From among its members, the Board shall annually elect one o r more 2
753753 chairpersons.] 3
754754
755755 (A) (1) THE GOVERNOR, IN CONSULTATION WITH THE BOARD, SHALL 4
756756 APPOINT THE CHAIR OF THE BOARD. 5
757757
758758 (2) THE TERM OF OFFICE OF THE CHAIR IS 2 YEARS. 6
759759
760760 (3) THE CHAIR MAY APPOINT A VICE CHAIR. 7
761761
762762 (4) IF A VACANCY OCCURS I N THE OFFICE OF CH AIR, WITHIN 30 DAYS 8
763763 AFTER THE DATE OF TH E VACANCY, THE BOARD SHALL HOLD A SP ECIAL ELECTION 9
764764 TO ELECT A CHAIR TO COMPLETE THE TERM OF THE VACATING CHAIR . 10
765765
766766 (B) FROM AMONG ITS MEMBER S, THE BOARD SHALL ELECT ANY OFFICERS, 11
767767 OTHER THAN THE CHAIR AND VICE CHAIR, THAT IT CONSIDERS NEC ESSARY. 12
768768
769769 [(b)] (C) The Board shall determine: 13
770770
771771 (1) The manner of election of [the chairpersons] OFFICERS; 14
772772
773773 (2) The term of office of [the chairpersons] EACH OFFICER ; and 15
774774
775775 (3) The duties of [the chairpersons] EACH OFFICER . 16
776776
777777 10–204. 17
778778
779779 (d) (1) [The Board shall appoint an Executive Director of the Board that serves 18
780780 at the pleasure of the Board as its executive officer. 19
781781
782782 (2)] In accordance with the STATE budget [of the Board], the [Board] 20
783783 SECRETARY, IN CONSULTATION WITH THE BOARD, may employ: 21
784784
785785 (i) A staff; and 22
786786
787787 (ii) Any experts and consultants necessary to obtain information and 23
788788 advice that relate to occupational therapy. 24
789789
790790 (2) THE SECRETARY, IN CONSULTATION WITH THE BOARD, MAY 25
791791 DESIGNATE ONE OF THE STAFF AS AN EXECUTIV E DIRECTOR. 26
792792
793793 (3) THE SECRETARY MAY SET THE COMPENSATION OF AN E MPLOYEE 27
794794 OF THE BOARD IN A POSITION T HAT: 28 18 SENATE BILL 899
795795
796796
797797
798798 (I) IS UNIQUE TO THE BOARD; 1
799799
800800 (II) REQUIRES SPECIFIC SKI LLS OR EXPERIENCE TO PERFORM 2
801801 THE DUTIES OF THE PO SITION; AND 3
802802
803803 (III) DOES NOT REQUIRE THE EMPLOYEE TO PERFORM 4
804804 FUNCTIONS THAT ARE C OMPARABLE TO FUNCTIO NS PERFORMED IN OTHE R UNITS 5
805805 OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT . 6
806806
807807 (4) THE SECRETARY OF BUDGET AND MANAGEMENT , IN 7
808808 CONSULTATION WITH TH E SECRETARY, SHALL DETERMINE THE POSITIONS FOR 8
809809 WHICH THE SECRETARY MAY SET COM PENSATION UNDER PARA GRAPH (3) OF THIS 9
810810 SUBSECTION. 10
811811
812812 10–206. 11
813813
814814 (a) There is a State Board of Occupational Therapy Practice Fund. 12
815815
816816 (d) (1) (I) The Fund shall be used to cover the actual documented direct 13
817817 and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided 14
818818 by the provisions of this article. 15
819819
820820 (II) THE FUND MAY NOT BE USED TO PAY FOR 16
821821 INFRASTRUCTURE OPERA TIONS, AS DEFINED IN § 1–203(B) OF THIS ARTICLE. 17
822822
823823 11–203. 18
824824
825825 [(a) From among its members, the Board every 2 years shall elect a president, a 19
826826 secretary, and a treasurer.] 20
827827
828828 (A) (1) THE GOVERNOR, IN CONSULTATION WITH THE BOARD, SHALL 21
829829 APPOINT THE PRESIDEN T OF THE BOARD. 22
830830
831831 (2) THE TERM OF OFFICE OF THE PRESIDENT IS 2 YEARS. 23
832832
833833 (3) THE PRESIDENT MAY APPOINT A VI CE PRESIDENT. 24
834834
835835 (4) IF A VACANCY OCCURS I N THE OFFICE OF PRES IDENT, WITHIN 30 25
836836 DAYS AFTER THE DATE OF THE VACANCY , THE BOARD SHALL HOLD A SP ECIAL 26
837837 ELECTION TO ELECT A PRESIDENT TO COMPLET E THE TERM OF THE VA CATING 27
838838 PRESIDENT. 28
839839
840840 (B) FROM AMONG ITS MEMBERS , THE BOARD SHALL ELECT ANY OFFICERS, 29 SENATE BILL 899 19
841841
842842
843843 OTHER THAN THE PRESI DENT AND VICE PRESID ENT, THAT IT CONSIDERS 1
844844 NECESSARY. 2
845845
846846 [(b)] (C) The Board shall determine: 3
847847
848848 (1) The manner of election of officers; [and] 4
849849
850850 (2) THE TERM OF OFFICE OF EACH OFFICER; AND 5
851851
852852 [(2)] (3) The duties of each officer. 6
853853
854854 11–204. 7
855855
856856 (d) (1) (I) The [Board] SECRETARY, IN CONSULTATION WITH THE 8
857857 BOARD, may employ a staff FOR THE BOARD in accordance with the STATE budget [of 9
858858 the Board]. 10
859859
860860 (II) THE SECRETARY, IN CONSULTATION WITH THE BOARD, 11
861861 MAY DESIGNATE ONE OF THE STAFF AS AN EXEC UTIVE DIRECTOR . 12
862862
863863 (2) THE SECRETARY MAY SET THE COMPENSATION OF AN E MPLOYEE 13
864864 OF THE BOARD IN A POSITION T HAT: 14
865865
866866 (I) IS UNIQUE TO THE BOARD; 15
867867
868868 (II) REQUIRES SPECIFIC SKI LLS OR EXPERIENCE TO PERFORM 16
869869 THE DUTIES OF THE PO SITION; AND 17
870870
871871 (III) DOES NOT REQUIRE THE EMPLOYEE TO PERFORM 18
872872 FUNCTIONS THAT ARE C OMPARABLE TO FUNCTIO NS PERFORMED IN OTHE R UNITS 19
873873 OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT . 20
874874
875875 (3) THE SECRETARY OF BUDGET AND MANAGEMENT , IN 21
876876 CONSULTATION WITH THE SECRETARY, SHALL DETERMINE THE POSITIONS FOR 22
877877 WHICH THE SECRETARY MAY SET COM PENSATION UNDER PARA GRAPH (2) OF THIS 23
878878 SUBSECTION. 24
879879
880880 11–207. 25
881881
882882 (a) There is a State Board of Examiners in Optometry Fund. 26
883883
884884 (d) (1) (I) The Fund shall be used to cover the actual documented direct 27
885885 and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided 28
886886 by the provisions of this article. 29 20 SENATE BILL 899
887887
888888
889889
890890 (II) THE FUND MAY NOT BE USED TO PAY FOR 1
891891 INFRASTRUCTURE OPERA TIONS, AS DEFINED IN § 1–203(B) OF THIS ARTICLE. 2
892892
893893 12–203. 3
894894
895895 [(a) From among its members, the Board annually shall elect a president, a 4
896896 secretary, and a treasurer.] 5
897897
898898 (A) (1) THE GOVERNOR, IN CONSULTATION WITH THE BOARD, SHALL 6
899899 APPOINT THE PRESIDEN T OF THE BOARD. 7
900900
901901 (2) THE TERM OF OFFICE OF THE PRESIDENT IS 2 YEARS. 8
902902
903903 (3) THE PRESIDENT MAY APP OINT A VICE PRESIDEN T. 9
904904
905905 (4) IF A VACANCY OCCURS I N THE OFFICE OF PRES IDENT, WITHIN 30 10
906906 DAYS AFTER THE DATE OF THE VACANCY , THE BOARD SHALL HOLD A SP ECIAL 11
907907 ELECTION TO ELECT A PRESIDENT TO COMPLET E THE TERM OF THE VACAT ING 12
908908 PRESIDENT. 13
909909
910910 (B) FROM AMONG ITS MEMBER S, THE BOARD SHALL ELECT ANY OFFICERS, 14
911911 OTHER THAN THE PRESI DENT AND VICE PRESID ENT, THAT IT CONSIDERS 15
912912 NECESSARY. 16
913913
914914 [(b)] (C) The Board shall determine: 17
915915
916916 (1) The manner of election of officers; [and] 18
917917
918918 (2) THE TERM OF OFFICE OF EACH OFFICER ; AND 19
919919
920920 [(2)] (3) The duties of each officer. 20
921921
922922 12–204. 21
923923
924924 (d) (1) (I) The [Board] SECRETARY, IN CONSULTATION WITH THE 22
925925 BOARD, may employ a staff FOR THE BOARD in accordance with the STATE budget [of 23
926926 the Board]. 24
927927
928928 [(2)] (II) The [Board] SECRETARY, IN CONSULTATION WITH THE 25
929929 BOARD, may designate [1 of its] ONE OF THE staff as an executive director. 26
930930
931931 (2) THE SECRETARY MAY SET THE COMPENSATION OF AN E MPLOYEE 27
932932 OF THE BOARD IN A POSITION T HAT: 28 SENATE BILL 899 21
933933
934934
935935
936936 (I) IS UNIQUE TO THE BOARD; 1
937937
938938 (II) REQUIRES SPECIFIC SKI LLS OR EXPERIENCE TO PERFORM 2
939939 THE DUTIES OF THE PO SITION; AND 3
940940
941941 (III) DOES NOT REQUIRE THE EMPLOYEE TO PERFORM 4
942942 FUNCTIONS THAT ARE C OMPARABLE TO FUNCTIO NS PERFORMED IN OTHE R UNITS 5
943943 OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT . 6
944944
945945 (3) THE SECRETARY OF BUDGET AND MANAGEMENT , IN 7
946946 CONSULTATION WITH TH E SECRETARY, SHALL DETERMINE THE POSITIONS FOR 8
947947 WHICH THE SECRETARY MAY SET COM PENSATION UNDER PARA GRAPH (2) OF THIS 9
948948 SUBSECTION. 10
949949
950950 12–206. 11
951951
952952 (a) There is a State Board of Pharmacy Fund. 12
953953
954954 (d) (1) (I) The Fund shall be used to cover the actual documented direct 13
955955 and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided 14
956956 by the provisions of this article. 15
957957
958958 (II) THE FUND MAY NOT BE USED TO PAY F OR 16
959959 INFRASTRUCTURE OPERA TIONS, AS DEFINED IN § 1–203(B) OF THIS ARTICLE. 17
960960
961961 13–203. 18
962962
963963 [(a) From among its members, the Board annually shall elect a chairman and vice 19
964964 chairman.] 20
965965
966966 (A) (1) THE GOVERNOR, IN CONSULTATION WITH THE BOARD, SHALL 21
967967 APPOINT THE CHAIR O F THE BOARD. 22
968968
969969 (2) THE TERM OF OFFICE OF THE CHAIR IS 2 YEARS. 23
970970
971971 (3) THE CHAIR MAY APPOINT A VICE C HAIR. 24
972972
973973 (4) IF A VACANCY OCCURS I N THE OFFICE OF CHAI R, WITHIN 30 DAYS 25
974974 AFTER THE DATE OF TH E VACANCY, THE BOARD SHALL HOLD A SP ECIAL ELECTION 26
975975 TO ELECT A CHAIR TO COMPLETE TH E TERM OF THE VACATI NG CHAIR. 27
976976
977977 (B) FROM AMONG ITS MEMBER S, THE BOARD SHALL ELECT ANY OFFICERS, 28
978978 OTHER THAN THE CHAIR AND VICE CHAIR, THAT IT CONSIDERS NE CESSARY. 29 22 SENATE BILL 899
979979
980980
981981
982982 [(b)] (C) The Board shall determine: 1
983983
984984 (1) The manner of election of [the chairman and vice chairman; and] 2
985985 OFFICERS; 3
986986
987987 (2) THE TERM OF OFFICE OF EACH OFFICER ; AND 4
988988
989989 [(2)] (3) The duties of [the chairman and vice chairman] EACH OFFICER . 5
990990
991991 [13–204. 6
992992
993993 (a) The Board shall appoint a Board executive director, who serves at the pleasure 7
994994 of the Board. 8
995995
996996 (b) The Board executive director: 9
997997
998998 (1) Is the executive officer of the Board; and 10
999999
10001000 (2) Has the powers and duties assigned by the Board.] 11
10011001
10021002 13–204. 12
10031003
10041004 (A) (1) IN ACCORDANCE WITH TH E STATE BUDGET , THE SECRETARY, IN 13
10051005 CONSULTATION WITH THE BOARD, MAY EMPLOY : 14
10061006
10071007 (I) A STAFF FOR THE BOARD; AND 15
10081008
10091009 (II) EXPERTS AND CONSULTAN TS TO OBTAIN INFORMA TION 16
10101010 AND ADVICE THAT RELA TE TO PHYSICAL THERA PY. 17
10111011
10121012 (2) THE SECRETARY, IN CONSULTATION WITH THE BOARD, MAY 18
10131013 DESIGNATE ONE OF THE STAFF AS AN EXECUTIV E DIRECTOR. 19
10141014
10151015 (B) THE SECRETARY MAY SET THE COMPENSATION OF AN E MPLOYEE OF 20
10161016 THE BOARD IN A POSITION T HAT: 21
10171017
10181018 (1) IS UNIQUE TO THE BOARD; 22
10191019
10201020 (2) REQUIRES SPECIFIC SKI LLS OR EXPERIENCE TO PERFORM THE 23
10211021 DUTIES OF THE POSITION; AND 24
10221022
10231023 (3) DOES NOT REQUIRE THE EMPLOYEE TO PERFORM FUNCTIONS 25
10241024 THAT ARE COMPARABLE TO FUNCTIONS PERFORM ED IN OTHER UNITS OF THE 26 SENATE BILL 899 23
10251025
10261026
10271027 EXECUTIVE BRANCH OF STATE GOVERNMENT . 1
10281028
10291029 (C) THE SECRETARY OF BUDGET AND MANAGEMENT , IN CONSULTATION 2
10301030 WITH THE SECRETARY, SHALL DETERMINE THE POSITIONS FOR WHICH THE 3
10311031 SECRETARY MAY SET COM PENSATION UNDER SUBS ECTION (B) OF THIS SECTION. 4
10321032
10331033 13–205. 5
10341034
10351035 [(d) In accordance with the budget of the Board, the Board may employ: 6
10361036
10371037 (1) A staff; and 7
10381038
10391039 (2) Experts and consultants to obtain information and advice that relate to 8
10401040 physical therapy.] 9
10411041
10421042 13–207. 10
10431043
10441044 (a) There is a State Board of Physical Therapy Examiners Fund. 11
10451045
10461046 (d) (1) (I) The Fund shall be used to cover the actual documented direct 12
10471047 and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided 13
10481048 by the provisions of this article. 14
10491049
10501050 (II) THE FUND MAY NOT BE USED TO PAY FOR 15
10511051 INFRASTRUCTURE OPERA TIONS, AS DEFINED IN § 1–203(B) OF THIS ARTICLE. 16
10521052
10531053 14–203. 17
10541054
10551055 (a) (1) The Governor shall appoint the chair of the Board. 18
10561056
10571057 (2) The term of office of the chair is 2 years. 19
10581058
10591059 (3) THE CHAIR MAY APPOINT A VICE CHAIR. 20
10601060
10611061 (4) IF A VACANCY OCCURS I N THE OFFICE OF CHAI R, WITHIN 30 DAYS 21
10621062 AFTER THE DATE OF TH E VACANCY, THE BOARD SHALL HOLD A SP ECIAL ELECTION 22
10631063 TO ELECT A CHA IR TO COMPLETE THE T ERM OF THE VACATING CHAIR. 23
10641064
10651065 (b) From among its members, the Board shall elect any officers, other than the 24
10661066 chair AND VICE CHAIR , that it considers necessary. 25
10671067
10681068 (c) The Board shall determine: 26
10691069
10701070 (1) The manner of election of officers; 27
10711071
10721072 (2) The term of office of each officer; and 28 24 SENATE BILL 899
10731073
10741074
10751075
10761076 (3) The duties of each officer. 1
10771077
10781078 14–207. 2
10791079
10801080 (a) There is a Board of Physicians Fund. 3
10811081
10821082 (e) (1) (I) The Fund shall be used exclusively to cover the actual 4
10831083 documented direct and indirect costs of fulfilling the statutory and regulatory duties of the 5
10841084 Board as provided by the provisions of this title. 6
10851085
10861086 (II) THE FUND MAY NOT BE USED TO PAY FOR 7
10871087 INFRASTRUCTURE OPERA TIONS, AS DEFINED IN § 1–203(B) OF THIS ARTICLE. 8
10881088
10891089 16–203. 9
10901090
10911091 [(a) From among its members, the Board shall elect a president and a 10
10921092 secretary–treasurer.] 11
10931093
10941094 (A) (1) THE GOVERNOR, IN CONSULTATION WITH THE BOARD, SHALL 12
10951095 APPOINT THE PRESIDEN T OF THE BOARD. 13
10961096
10971097 (2) THE TERM OF OFFICE OF THE PRESIDENT IS 2 YEARS. 14
10981098
10991099 (3) THE PRESIDENT MAY APP OINT A VICE PRESIDEN T. 15
11001100
11011101 (4) IF A VACANCY OCCURS I N THE OFFICE OF PRES IDENT, WITHIN 30 16
11021102 DAYS AFTER THE DATE OF THE VACANCY , THE BOARD SHALL HOLD A SP ECIAL 17
11031103 ELECTION TO ELECT A PRESIDENT TO COMPLET E THE TERM OF THE VA CATING 18
11041104 PRESIDENT. 19
11051105
11061106 (B) FROM AMONG ITS MEMBER S, THE BOARD SHALL ELECT ANY OFFICERS , 20
11071107 OTHER THAN THE PRESI DENT AND VICE PRESID ENT, THAT IT CONSIDERS 21
11081108 NECESSARY. 22
11091109
11101110 [(b)] (C) The Board shall determine: 23
11111111
11121112 (1) The manner of election of officers; 24
11131113
11141114 (2) The term of office of each officer; and 25
11151115
11161116 (3) The duties of each officer. 26
11171117
11181118 16–204. 27
11191119 SENATE BILL 899 25
11201120
11211121
11221122 (d) (1) (I) The [Board] SECRETARY, IN CONSULTATION WITH THE 1
11231123 BOARD, may employ a staff FOR THE BOARD in accordance with the STATE budget [of 2
11241124 the Board]. 3
11251125
11261126 (II) THE SECRETARY, IN CONSULTATION WITH THE BOARD, 4
11271127 MAY DESIGNATE ONE OF THE STAFF AS AN EXEC UTIVE DIRECTOR . 5
11281128
11291129 (2) THE SECRETARY MAY SET THE COMPENSATION OF AN E MPLOYEE 6
11301130 OF THE BOARD IN A POSITION T HAT: 7
11311131
11321132 (I) IS UNIQUE TO THE BOARD; 8
11331133
11341134 (II) REQUIRES SPECIFIC SKI LLS OR EXPERIENCE TO PERFORM 9
11351135 THE DUTIES OF THE POSITION; AND 10
11361136
11371137 (III) DOES NOT REQUIRE THE EMPLOYEE TO PERFORM 11
11381138 FUNCTIONS THAT ARE C OMPARABLE TO FUNCTIO NS PERFORMED IN OTHE R UNITS 12
11391139 OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT . 13
11401140
11411141 (3) THE SECRETARY OF BUDGET AND MANAGEMENT , IN 14
11421142 CONSULTATION WITH TH E SECRETARY, SHALL DETERMINE THE POSITIONS FOR 15
11431143 WHICH THE SECRETARY MAY SET COM PENSATION UNDER PARA GRAPH (2) OF THIS 16
11441144 SUBSECTION. 17
11451145
11461146 16–206. 18
11471147
11481148 (a) There is a State Board of Podiatric Medical Examiners Fund. 19
11491149
11501150 (d) (1) (I) The Fund shall be used to cover the actual documented direct 20
11511151 and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided 21
11521152 by the provisions of this article. 22
11531153
11541154 (II) THE FUND MAY NOT BE USED TO PAY FOR 23
11551155 INFRASTRUCTURE OPERA TIONS, AS DEFINED IN § 1–203(B) OF THIS ARTICLE. 24
11561156
11571157 17–203. 25
11581158
11591159 (a) (1) THE GOVERNOR, IN CONSULTATION WITH THE BOARD, SHALL 26
11601160 APPOINT THE CHAIR OF THE BOARD. 27
11611161
11621162 (2) THE TERM OF OFFICE OF THE CHAIR IS 2 YEARS. 28
11631163
11641164 (3) THE CHAIR MAY APPOINT A VICE CHAIR. 29
11651165 26 SENATE BILL 899
11661166
11671167
11681168 (4) IF A VACANCY OCCURS I N THE OFFICE OF CHAI R, WITHIN 30 DAYS 1
11691169 AFTER THE DATE OF TH E VACANCY, THE BOARD SHALL HOLD A SP ECIAL ELECTION 2
11701170 TO ELECT A CHAIR TO COMPLETE THE TERM OF THE VACATING CHAIR . 3
11711171
11721172 (B) From among its members, the Board [annually] shall elect[: 4
11731173
11741174 (1) A chairperson; 5
11751175
11761176 (2) A vice chairperson; and 6
11771177
11781178 (3) A secretary] ANY OFFICERS , OTHER THAN THE CHAIR AND VICE 7
11791179 CHAIR, THAT IT CONSIDERS NE CESSARY. 8
11801180
11811181 [(b)] (C) The Board shall determine: 9
11821182
11831183 (1) The manner of election of officers; 10
11841184
11851185 (2) The term of office of each officer; and 11
11861186
11871187 (3) The duties of each officer. 12
11881188
11891189 17–204. 13
11901190
11911191 (d) (1) (I) The [Board] SECRETARY, IN CONSULTATION WITH THE 14
11921192 BOARD, may employ a staff FOR THE BOARD in accordance with the STATE budget [of 15
11931193 the Board]. 16
11941194
11951195 (II) THE SECRETARY, IN CONSULTATION WITH THE BOARD, 17
11961196 MAY DESIGNATE ONE OF THE STAFF AS AN EXEC UTIVE DIRECTOR . 18
11971197
11981198 (2) THE SECRETARY MAY SET THE COMPENSATION OF AN E MPLOYEE 19
11991199 OF THE BOARD IN A POSITION T HAT: 20
12001200
12011201 (I) IS UNIQUE TO THE BOARD; 21
12021202
12031203 (II) REQUIRES SPECIFIC SKI LLS OR EXPERIENCE TO PERFORM 22
12041204 THE DUTIES OF THE POSITION; AND 23
12051205
12061206 (III) DOES NOT REQUIRE THE EMPLOYEE TO PERFORM 24
12071207 FUNCTIONS THAT ARE C OMPARABLE TO FUNCTIO NS PERFORMED IN OTHE R UNITS 25
12081208 OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT . 26
12091209
12101210 (3) THE SECRETARY OF BUDGET AND MANAGEMENT , IN 27
12111211 CONSULTATION WITH TH E SECRETARY, SHALL DETERMINE THE POSITIONS FOR 28
12121212 WHICH THE SECRETARY MAY SET COM PENSATION UNDER PARA GRAPH (2) OF THIS 29 SENATE BILL 899 27
12131213
12141214
12151215 SUBSECTION. 1
12161216
12171217 17–206. 2
12181218
12191219 (a) There is a State Board of Professional Counselors and Therapists Fund. 3
12201220
12211221 (d) (1) (I) The Fund shall be used to cover the actual documented direct 4
12221222 and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided 5
12231223 by the provisions of this article. 6
12241224
12251225 (II) THE FUND MAY NOT BE USED TO PAY FOR 7
12261226 INFRASTRUCTURE OPERA TIONS, AS DEFINED IN § 1–203(B) OF THIS ARTICLE. 8
12271227
12281228 18–203. 9
12291229
12301230 [(a) From among its members, the Board annually shall elect a chairman and a 10
12311231 vice chairman.] 11
12321232
12331233 (A) (1) THE GOVERNOR, IN CONSULTATION WITH THE BOARD, SHALL 12
12341234 APPOINT THE CHAIR OF THE BOARD. 13
12351235
12361236 (2) THE TERM OF OFFICE OF THE CHAIR IS 2 YEARS. 14
12371237
12381238 (3) THE CHAIR MAY APPOINT A VICE CHAIR. 15
12391239
12401240 (4) IF A VACANCY OCCURS I N THE OFFICE OF CHAI R, WITHIN 30 DAYS 16
12411241 AFTER THE DATE OF TH E VACANCY, THE BOARD SHALL HOLD A SP ECIAL ELECTION 17
12421242 TO ELECT A CHAIR TO COMPLETE THE TERM OF THE VACATING CHAIR . 18
12431243
12441244 (B) FROM AMONG ITS MEMBER S, THE BOARD SHALL ELECT ANY OFFICERS, 19
12451245 OTHER THAN THE CHAIR AND VICE CHAIR, THAT IT CONSIDERS NE CESSARY. 20
12461246
12471247 [(b)] (C) The Board shall determine: 21
12481248
12491249 (1) The manner of election of officers; [and] 22
12501250
12511251 (2) THE TERM OF OFFICE OF EACH OFFICER; AND 23
12521252
12531253 [(2)] (3) The duties of each officer. 24
12541254
12551255 18–204. 25
12561256
12571257 [(d) (1) The Board may designate one of its staff as Board administrator. 26
12581258 28 SENATE BILL 899
12591259
12601260
12611261 (2) The Board administrator may be compensated in accordance with the 1
12621262 budget of the Board. 2
12631263
12641264 (3) The Board may employ other staff in accordance with the budget of the 3
12651265 Board.] 4
12661266
12671267 (D) (1) (I) THE SECRETARY, IN CONSULTATION WITH THE BOARD, 5
12681268 MAY EMPLOY A STAFF F OR THE BOARD IN ACCORDANCE W ITH THE STATE BUDGET . 6
12691269
12701270 (II) THE SECRETARY, IN CONSULTATION WITH THE BOARD, 7
12711271 MAY DESIGNATE ONE OF THE STAFF AS AN EXEC UTIVE DIRECTOR . 8
12721272
12731273 (2) THE SECRETARY MAY SET THE COMPENSATION OF AN E MPLOYEE 9
12741274 OF THE BOARD IN A POSITION T HAT: 10
12751275
12761276 (I) IS UNIQUE TO THE BOARD; 11
12771277
12781278 (II) REQUIRES SPECIFIC SKI LLS OR EXPERIENCE TO PERFORM 12
12791279 THE DUTIES OF THE POSITION; AND 13
12801280
12811281 (III) DOES NOT REQUIRE THE EMPLOYEE TO PERFORM 14
12821282 FUNCTIONS THAT ARE C OMPARABLE TO FUNCTIO NS PERFORMED IN OTHE R UNITS 15
12831283 OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT . 16
12841284
12851285 (3) THE SECRETARY OF BUDGET AND MANAGEMENT , IN 17
12861286 CONSULTATION WITH TH E SECRETARY, SHALL DETERMINE THE POSITIONS FOR 18
12871287 WHICH THE SECRETARY MAY SET COM PENSATION UNDER PARA GRAPH (2) OF THIS 19
12881288 SUBSECTION. 20
12891289
12901290 18–207. 21
12911291
12921292 (a) There is a State Board of Examiners for Psychologists Fund. 22
12931293
12941294 (d) (1) (I) The Fund shall be used to cover the actual documented direct 23
12951295 and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided 24
12961296 by the provisions of this article. 25
12971297
12981298 (II) THE FUND MAY NOT BE USED TO PAY FOR 26
12991299 INFRASTRUCTURE OPERA TIONS, AS DEFINED IN § 1–203(B) OF THIS ARTICLE. 27
13001300
13011301 19–203. 28
13021302
13031303 (a) [(1) From among its members, the Board shall elect a chair, vice chair, and 29
13041304 secretary–treasurer every 2 years.] 30
13051305 SENATE BILL 899 29
13061306
13071307
13081308 (1) THE GOVERNOR, IN CONSULTATION WITH THE BOARD, SHALL 1
13091309 APPOINT THE CHAIR OF THE BOARD. 2
13101310
13111311 (2) THE TERM OF OFFICE OF THE CHAIR IS 2 YEARS. 3
13121312
13131313 (3) THE CHAIR MAY APPOINT A VICE CHAIR. 4
13141314
13151315 (4) IF A VACANCY OCCURS I N THE OFFICE OF CHAI R, WITHIN 30 DAYS 5
13161316 AFTER THE DATE OF TH E VACANCY, THE BOARD SHALL HOLD A SP ECIAL ELECTION 6
13171317 TO ELECT A CHAIR TO COMPLETE THE TERM OF THE VACATING CHAIR. 7
13181318
13191319 [(2)] (B) [The] FROM AMONG ITS MEMBER S, THE Board [may] SHALL 8
13201320 elect [other] ANY officers [as], OTHER THAN THE CHAIR AND VICE CHAIR , THAT IT 9
13211321 CONSIDERS necessary [to fulfill the duties and responsibilities of the Board]. 10
13221322
13231323 [(b)] (C) The Board shall determine: 11
13241324
13251325 (1) The manner of election of [the chair, vice chair, secretary–treasurer, 12
13261326 and other officers; and] OFFICERS; 13
13271327
13281328 (2) THE TERM OF OFFICE OF EACH OFFICER ; AND 14
13291329
13301330 [(2)] (3) The duties of each officer. 15
13311331
13321332 19–204. 16
13331333
13341334 (d) (1) (I) The [Board] SECRETARY, IN CONSULTATION WITH THE 17
13351335 BOARD, may employ a staff FOR THE BOARD in accordance with the STATE budget [of 18
13361336 the Board]. 19
13371337
13381338 (II) THE SECRETARY, IN CONSULTATION WITH THE BOARD, 20
13391339 MAY DESIGNATE ONE OF THE STAFF AS AN EXEC UTIVE DIRECTOR . 21
13401340
13411341 (2) THE SECRETARY MAY SET THE COMPENSA TION OF AN EMPLOYEE 22
13421342 OF THE BOARD IN A POSITION T HAT: 23
13431343
13441344 (I) IS UNIQUE TO THE BOARD; 24
13451345
13461346 (II) REQUIRES SPECIFIC SKI LLS OR EXPERIENCE TO PERFORM 25
13471347 THE DUTIES OF THE PO SITION; AND 26
13481348
13491349 (III) DOES NOT REQUIRE THE EMPLOYEE TO PERFORM 27
13501350 FUNCTIONS THAT ARE COMPARABLE TO FUNCTIONS PERFORM ED IN OTHER UNITS 28
13511351 OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT . 29 30 SENATE BILL 899
13521352
13531353
13541354
13551355 (3) THE SECRETARY OF BUDGET AND MANAGEMENT , IN 1
13561356 CONSULTATION WITH TH E SECRETARY, SHALL DETERMINE THE POSITIONS FOR 2
13571357 WHICH THE SECRETARY MAY SET COM PENSATION UNDER PARAGRAP H (2) OF THIS 3
13581358 SUBSECTION. 4
13591359
13601360 [(e) (1) The Board shall appoint an executive director. 5
13611361
13621362 (2) The executive director: 6
13631363
13641364 (i) Serves at the pleasure of the Board; 7
13651365
13661366 (ii) Is the executive officer of the Board; and 8
13671367
13681368 (iii) Has the powers and duties assigned by the Board.] 9
13691369
13701370 19–206. 10
13711371
13721372 (a) There is a State Board of Social Work Examiners Fund. 11
13731373
13741374 (f) (1) (I) The Fund shall be used to cover the actual documented direct 12
13751375 and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided 13
13761376 by the provisions of this article. 14
13771377
13781378 (II) THE FUND MAY NOT BE USED TO PAY FOR 15
13791379 INFRASTRUCTURE OPERA TIONS, AS DEFINED IN § 1–203(B) OF THIS ARTICLE. 16
13801380
13811381 20–203. 17
13821382
13831383 (a) [From among its members, the Board annually shall elect a chairman, vice 18
13841384 chairman, and executive secretary.] 19
13851385
13861386 (1) THE GOVERNOR, IN CONSULTATION WITH THE BOARD, SHALL 20
13871387 APPOINT THE CHAIR OF THE BOARD. 21
13881388
13891389 (2) THE TERM OF OFFICE OF THE CHAIR IS 2 YEARS. 22
13901390
13911391 (3) THE CHAIR MAY APPOINT A VICE CHAIR. 23
13921392
13931393 (4) IF A VACANCY OCCURS I N THE OFFICE OF CHAIR, WITHIN 30 DAYS 24
13941394 AFTER THE DATE OF TH E VACANCY, THE BOARD SHALL HOLD A SP ECIAL ELECTION 25
13951395 TO ELECT A CHAIR TO COMPLETE THE TERM OF THE VACATING CHAIR . 26
13961396
13971397 (B) FROM AMONG ITS MEMBER S, THE BOARD SHALL ELECT ANY OFFICERS, 27
13981398 OTHER THAN THE CHAIR AND VICE CHAIR, THAT IT CONSIDERS NE CESSARY. 28 SENATE BILL 899 31
13991399
14001400
14011401
14021402 [(b)] (C) The Board shall determine: 1
14031403
14041404 (1) The manner of election of officers; 2
14051405
14061406 (2) The term of office of each officer; and 3
14071407
14081408 (3) The duties of each officer. 4
14091409
14101410 20–204. 5
14111411
14121412 (d) (1) (I) The [Board] SECRETARY, IN CONSULTATION WITH THE 6
14131413 BOARD, may employ A staff FOR THE BOARD in accordance with the STATE budget [of 7
14141414 the Board]. 8
14151415
14161416 [(e)] (II) The [Board may appoint] SECRETARY, IN CONSULTATION 9
14171417 WITH THE BOARD, MAY DESIGNATE ONE OF THE STAFF AS an executive director. 10
14181418
14191419 (2) THE SECRETARY MAY SET THE COMPENSATION OF AN E MPLOYEE 11
14201420 OF THE BOARD IN A POSITION T HAT: 12
14211421
14221422 (I) IS UNIQUE TO THE BOARD; 13
14231423
14241424 (II) REQUIRES SPECIFIC SKI LLS OR EXPERIENCE TO PERFORM 14
14251425 THE DUTIES OF THE PO SITION; AND 15
14261426
14271427 (III) DOES NOT REQUIRE THE EMPLOYEE TO PERFORM 16
14281428 FUNCTIONS THAT ARE C OMPARABLE TO FUNCTIO NS PERFORMED IN OTHE R UNITS 17
14291429 OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT . 18
14301430
14311431 (3) THE SECRETARY OF BUDGET AND MANAGEMENT , IN 19
14321432 CONSULTATION WITH TH E SECRETARY, SHALL DETERMINE THE POSITIONS FOR 20
14331433 WHICH THE SECRETARY MAY SET COMPENSATI ON UNDER PARAGRAPH (2) OF THIS 21
14341434 SUBSECTION. 22
14351435
14361436 [(f) The executive director: 23
14371437
14381438 (1) Serves at the pleasure of the Board; 24
14391439
14401440 (2) Serves as the executive officer of the Board; and 25
14411441
14421442 (3) Has the powers and duties assigned by the Board.] 26
14431443
14441444 21–203. 27
14451445 32 SENATE BILL 899
14461446
14471447
14481448 [(a) From among its members, the Board shall elect a chairman, a vice chairman, 1
14491449 and a secretary once every 2 years.] 2
14501450
14511451 (A) (1) THE GOVERNOR, IN CONSULTATION WITH THE BOARD, SHALL 3
14521452 APPOINT THE CHAIR OF THE BOARD. 4
14531453
14541454 (2) THE TERM OF OFFICE OF THE CHAIR IS 2 YEARS. 5
14551455
14561456 (3) THE CHAIR MAY APPOINT A VICE CHAIR. 6
14571457
14581458 (4) IF A VACANCY OCCURS I N THE OFFICE OF CHAI R, WITHIN 30 DAYS 7
14591459 AFTER THE DATE OF TH E VACANCY, THE BOARD SHALL HOLD A SP ECIAL ELECTION 8
14601460 TO ELECT A CHAIR TO COMPLETE THE TERM OF THE VACATING CHAIR . 9
14611461
14621462 (B) FROM AMONG ITS MEMBER S, THE BOARD SHALL ELECT ANY OFFICERS, 10
14631463 OTHER THAN THE CHAIR AND VICE CHAIR, THAT IT CONSIDERS NE CESSARY. 11
14641464
14651465 [(b)] (C) The Board shall determine: 12
14661466
14671467 (1) The manner of election of officers; [and] 13
14681468
14691469 (2) THE TERM OF OFFICE OF EACH OFFICER; AND 14
14701470
14711471 [(2)] (3) The duties of each officer. 15
14721472
14731473 21–204. 16
14741474
14751475 (d) (1) (I) The [Board] SECRETARY, IN CONSULTATION WITH THE 17
14761476 BOARD, may employ a staff FOR THE BOARD in accordance with the STATE budget [of 18
14771477 the Board]. 19
14781478
14791479 [(e) (1)] (II) The [Board shall appoint] SECRETARY, IN CONSULTATION 20
14801480 WITH THE BOARD, MAY DESIGNATE ONE OF THE STAFF AS an executive director. 21
14811481
14821482 [(2) The executive director shall: 22
14831483
14841484 (i) Serve at the pleasure of the Board; 23
14851485
14861486 (ii) Act as the executive officer of the Board; and 24
14871487
14881488 (iii) Carry out the powers and duties assigned by the Board.] 25
14891489
14901490 (2) THE SECRETARY MAY SET THE COMPENSATION OF AN E MPLOYEE 26
14911491 OF THE BOARD IN A POSITION T HAT: 27 SENATE BILL 899 33
14921492
14931493
14941494
14951495 (I) IS UNIQUE TO THE BOARD; 1
14961496
14971497 (II) REQUIRES SPECIFIC SKI LLS OR EXPERIENCE TO PERFORM 2
14981498 THE DUTIES OF THE POSITION; AND 3
14991499
15001500 (III) DOES NOT REQUIRE THE EMPLOYEE TO PERFORM 4
15011501 FUNCTIONS THAT ARE C OMPARABLE TO FUNCTIO NS PERFORMED IN OTHE R UNITS 5
15021502 OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT . 6
15031503
15041504 (3) THE SECRETARY OF BUDGET AND MANAGEMENT , IN 7
15051505 CONSULTATION WITH TH E SECRETARY, SHALL DETERMINE THE POSITIONS FOR 8
15061506 WHICH THE SECRETARY MAY SET COM PENSATION UNDER PARA GRAPH (2) OF THIS 9
15071507 SUBSECTION. 10
15081508
15091509 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 11
15101510 October 1, 2022. 12
15111511