EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0701*
HOUSE BILL 701
J1, P4 3lr2738
CF SB 556
By: Delegate Kipke
Introduced and read first time: February 6, 2023
Assigned to: Appropriations
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 11, 2023
CHAPTER ______
AN ACT concerning 1
Maryland Community Health Resources Commission and Offices of the 2
Comptroller, Treasurer, and Attorney General – Compensation and Pay Scales 3
of Employees 4
FOR the purpose of authorizing the Maryland Community Health Resources Commission, 5
in consultation with the Secretary of Health, to set the compensation of certain 6
Commission employees; requiring the Secretary of Budget and Management, in 7
consultation with the Secretary of Health, to determine the positions for which the 8
Commission may set compensation; authorizing the Comptroller, the Treasurer, and 9
the Attorney General, in consultation with the Secretary of Budget and 10
Management, to set the pay scale of certain positions in their offices; and generally 11
relating to the Maryland Community Health Resources Commission and employee 12
compensation and pay scales. 13
BY repealing and reenacting, with amendments, 14
Article – Health – General 15
Section 19–2106 16
Annotated Code of Maryland 17
(2019 Replacement Volume and 2022 Supplement) 18
BY repealing and reenacting, with amendments, 19
Article – State Government 20
Section 4–104, 5–105, and 6–105 21
Annotated Code of Maryland 22
(2021 Replacement Volume and 2022 Supplement) 23 2 HOUSE BILL 701
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Health – General 3
19–2106. 4
(a) (1) A majority of the full authorized membership of the Commission is a 5
quorum. 6
(2) The decision of the Commission shall be by a majority of the quorum 7
present and voting. 8
(b) The Commission shall meet at least six times a year, at the times and places 9
that it determines. 10
(c) A member of the Commission is entitled to: 11
(1) Compensation in accordance with the State budget; and 12
(2) Reimbursement for expenses under the Standard State Travel 13
Regulations, as provided in the State budget. 14
(d) (1) The Commission may employ a staff in accordance with the State 15
budget. 16
(2) The Commission, in consultation with the Secretary, shall determine 17
the appropriate job classifications and grades for all staff. 18
(3) THE COMMISSION, IN CONSULTATION WITH THE SECRETARY, 19
MAY SET THE COMPENSA TION OF A COMMISSION EMPLOYEE IN A POSITION THAT : 20
(I) IS UNIQUE TO THE COMMISSION; 21
(II) REQUIRES SPECIFIC SKI LLS OR EXPERIENCE TO PERFORM 22
THE DUTIES OF THE PO SITION; AND 23
(III) DOES NOT REQUIRE THE EMPLOYEE TO PERFORM 24
FUNCTIONS THAT ARE C OMPARABLE TO FUNCTIO NS PERFORMED IN OTHER UNITS 25
OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT . 26
(4) THE SECRETARY OF BUDGET AND MANAGEMENT , IN 27
CONSULTATION WITH TH E COMMISSION, SHALL DETERMINE THE POSITIONS FOR 28
WHICH THE COMMISSION MAY SET CO MPENSATION UNDER PAR AGRAPH (3) OF THIS 29
SUBSECTION. 30 HOUSE BILL 701 3
Article – State Government 1
4–104. 2
(a) (1) The Comptroller may employ a staff in accordance with the State 3
budget. 4
(2) The staff shall perform the duties that the Comptroller assigns. 5
(b) (1) From among the employees on the staff, the Comptroller may designate 6
1 Chief Deputy Comptroller and 1 or more deputy comptrollers. 7
(2) While in office, the Chief Deputy Comptroller and each deputy 8
comptroller shall be covered by a surety bond in the form and amount required by law. 9
(3) A designation as Chief Deputy Comptroller or as deputy comptroller 10
may be terminated: 11
(i) by the Comptroller for any reason that the Comptroller considers 12
sufficient; or 13
(ii) if the Comptroller is ill or absent, by the other members of the 14
Board of Public Works for any reason that the members consider sufficient. 15
(4) A termination of the designation as Chief Deputy Comptroller or as 16
deputy comptroller is not, of itself, a termination of employment. 17
(C) (1) THE COMPTROLLER , IN CONSULTATION WITH THE SECRETARY 18
OF BUDGET AND MANAGEMENT , MAY SET THE PAY SCAL E OF A POSITION IN T HE 19
OFFICE OF THE COMPTROLLER THAT : 20
(I) IS UNIQUE TO THE OFFICE OF THE COMPTROLLER ; AND 21
(II) REQUIRES SPECIFIC SK ILLS OR EXPERIENCE T O PERFORM 22
THE DUTIES OF THE PO SITION. 23
(2) THE SECRETARY OF BUDGET AND MANAGEMENT , IN 24
CONSULTATION WITH TH E COMPTROLLER , SHALL DETERMINE THE POSITIONS FOR 25
WHICH THE COMPTROLLER MAY SET C OMPENSATION UNDER PA RAGRAPH (1) OF 26
THIS SUBSECTION . 27
5–105. 28
(a) (1) The Treasurer may employ a staff in accordance with the State budget. 29
4 HOUSE BILL 701
(2) While on the staff, an individual shall be covered by a surety bond in 1
the form and amount required by law. 2
(3) The staff shall perform the duties that the Treasurer assigns. 3
(b) (1) From among the employees on the staff, the Treasurer may designate 4
1 Chief Deputy Treasurer and 1 or more deputy treasurers. 5
(2) A designation as Chief Deputy Treasurer or as deputy treasurer may 6
be terminated: 7
(i) by the Treasurer for any reason that the Treasurer considers 8
sufficient; or 9
(ii) if the Treasurer is ill or absent, by the other members of the 10
Board of Public Works for any reason that the members consider sufficient. 11
(3) A termination of the designation as Chief Deputy Treasurer or as 12
deputy treasurer is not, of itself, a termination of employment. 13
(C) (1) THE TREASURER, IN CONSULTATION WITH THE SECRETARY OF 14
BUDGET AND MANAGEMENT , MAY SET THE PAY SCAL E OF A POSITION IN T HE 15
OFFICE OF THE TREASURER THAT : 16
(I) IS UNIQUE TO THE OFFICE OF THE TREASURER; AND 17
(II) REQUIRES SPECIFIC SK ILLS OR EXPERIENCE T O PERFORM 18
THE DUTIES OF THE PO SITION. 19
(2) THE SECRETARY OF BUDGET AND MANAGEMENT , IN 20
CONSULTATION WITH TH E TREASURER, SHALL DETERMINE THE POSITIONS FOR 21
WHICH THE TREASURER MAY SET COM PENSATION UNDER PARA GRAPH (1) OF THIS 22
SUBSECTION. 23
6–105. 24
(a) (1) The Attorney General may employ a staff in accordance with the State 25
budget. 26
(2) Attorneys, positions that provide direct support to the Attorney 27
General, and positions that provide direct support to the positions specified in paragraph 28
(3) of this subsection, appointed under this subsection: 29
(i) notwithstanding any other law, and except as provided in 30
paragraph (3) of this subsection, are deemed special appointments within the meaning of § 31
6–405(a) of the State Personnel and Pensions Article; 32 HOUSE BILL 701 5
(ii) may not be determined to be special appointments under § 1
6–405(b) of the State Personnel and Pensions Article; and 2
(iii) serve at the pleasure of the Attorney General. 3
(3) The following positions are special appointments under § 6–405(b) of 4
the State Personnel and Pensions Article: 5
(i) Deputy Attorney General; 6
(ii) special assistant to the Attorney General; 7
(iii) executive counsel to the Attorney General; 8
(iv) director or chief of a division or unit in the Office; and 9
(v) principal counsel to a State unit. 10
(4) (i) Staff appointed under this subsection is entitled to compensation 11
as provided in the State budget. 12
(ii) Unless the State budget provides otherwise, the salary of a 13
Deputy Attorney General, assistant Attorney General, or special attorney appointed under 14
this subsection is payable from the funds of the Office. 15
(5) Staff is entitled to reimbursement for expenses under the Standard 16
State Travel Regulations, as provided in the State budget. 17
(b) (1) In addition to any other staff appointed under this section, the Attorney 18
General, with the written approval of the Governor, may employ any assistant counsel that 19
the Attorney General considers necessary to carry out any duty of the Office in an 20
extraordinary or unforeseen case or in special county work. 21
(2) The Attorney General shall submit to the Governor a written request 22
that: 23
(i) states the necessity of and each reason for the special 24
employment; and 25
(ii) states the proposed compensation and its source or certifies that 26
the Attorney General cannot ascertain in advance the proper compensation. 27
(3) Compensation that cannot be ascertained in advance may be agreed on 28
or adjusted later. 29
6 HOUSE BILL 701
(c) (1) In addition to any other staff appointed under this section, the Attorney 1
General may employ special counsel to defend a State officer or State employee under Title 2
12, Subtitle 3 of this article if the Attorney General determines that representation by the 3
Attorney General or an assistant is impracticable or uneconomical. 4
(2) The special counsel is entitled to compensation, as set by the Attorney 5
General and approved by the Board of Public Works, under Title 12, Subtitle 5 of this 6
article. 7
(d) Each Deputy Attorney General, assistant Attorney General, or special 8
attorney appointed under subsection (a) of this section shall be a practicing lawyer of the 9
State in good standing. 10
(e) (1) The Attorney General may assign any duty that the law imposes on the 11
Attorney General to a Deputy Attorney General, assistant Attorney General, or special 12
attorney appointed under subsection (a) of this section or, to the extent permitted by law, 13
a law clerk. 14
(2) The Deputy Attorney General, assistant Attorney General, special 15
attorney, or law clerk shall perform the assigned duty, subject to the control of the Attorney 16
General. 17
(f) In addition to any other staff appointed under this section, the Attorney 18
General may employ any assistant counsel that the Attorney General considers necessary 19
to carry out any duty of the Office if the employment of the assistant counsel: 20
(1) is on a pro bono basis; 21
(2) will not result in more than minimal cost to the State; and 22
(3) will not result in the payment to the assistant counsel of any portion of 23
the State’s recovery in any case or matter. 24
(G) (1) THE ATTORNEY GENERAL, IN CONSULTATION WITH THE 25
SECRETARY OF BUDGET AND MANAGEMENT , MAY SET THE PAY SCAL E OF A 26
POSITION IN THE OFFICE OF THE ATTORNEY GENERAL THAT : 27
(I) IS UNIQUE TO THE OFFICE OF THE ATTORNEY GENERAL; 28
AND 29
(II) REQUIRES SPECIFIC SK ILLS OR EXPERIENCE T O PERFORM 30
THE DUTIES OF THE PO SITION. 31
(2) THE SECRETARY OF BUDGET AND MANAGEMENT , IN 32
CONSULTATION WITH TH E ATTORNEY GENERAL, SHALL DETERMINE THE POSITIONS 33 HOUSE BILL 701 7
FOR WHICH THE ATTORNEY GENERAL MAY SET COMPE NSATION UNDER PARAGR APH 1
(1) OF THIS SUBSECTION . 2
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 3
1, 2023. 4
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.