Old | New | Differences | |
---|---|---|---|
1 | - | WES MOORE, Governor Ch. 801 | |
2 | 1 | ||
3 | - | – 1 – | |
4 | - | Chapter 801 | |
5 | - | (House Bill 701) | |
6 | 2 | ||
7 | - | AN ACT concerning | |
3 | + | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
4 | + | [Brackets] indicate matter deleted from existing law. | |
5 | + | Underlining indicates amendments to bill. | |
6 | + | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
7 | + | amendment. | |
8 | + | *hb0701* | |
8 | 9 | ||
9 | - | Maryland Community Health Resources Commission and Offices of the | |
10 | - | Comptroller, Treasurer, and Attorney General – Compensation and Pay Scales | |
11 | - | of Employees | |
10 | + | HOUSE BILL 701 | |
11 | + | J1, P4 3lr2738 | |
12 | + | CF SB 556 | |
13 | + | By: Delegate Kipke | |
14 | + | Introduced and read first time: February 6, 2023 | |
15 | + | Assigned to: Appropriations | |
16 | + | Committee Report: Favorable with amendments | |
17 | + | House action: Adopted | |
18 | + | Read second time: March 11, 2023 | |
12 | 19 | ||
13 | - | FOR the purpose of authorizing the Maryland Community Health Resources Commission, | |
14 | - | in consultation with the Secretary of Health, to set the compensation of certain | |
15 | - | Commission employees; requiring the Secretary of Budget and Management, in | |
16 | - | consultation with the Secretary of Health, to determine the positions for which the | |
17 | - | Commission may set compensation; authorizing the Comptroller, the Treasurer, and | |
18 | - | the Attorney General, in consultation with the Secretary of Budget and | |
19 | - | Management, to set the pay scale of certain positions in their offices; and generally | |
20 | - | relating to the Maryland Community Health Resources Commission and employee | |
21 | - | compensation and pay scales. | |
20 | + | CHAPTER ______ | |
22 | 21 | ||
23 | - | BY repealing and reenacting, with amendments, | |
24 | - | Article – Health – General | |
25 | - | Section 19–2106 | |
26 | - | Annotated Code of Maryland | |
27 | - | (2019 Replacement Volume and 2022 Supplement) | |
22 | + | AN ACT concerning 1 | |
28 | 23 | ||
29 | - | BY repealing and reenacting, with amendments, | |
30 | - | Article – State Government | |
31 | - | Section 4–104, 5–105, and 6–105 | |
32 | - | Annotated Code of Maryland | |
33 | - | (2021 Replacement Volume and 2022 Supplement) | |
24 | + | Maryland Community Health Resources Commission and Offices of the 2 | |
25 | + | Comptroller, Treasurer, and Attorney General – Compensation and Pay Scales 3 | |
26 | + | of Employees 4 | |
34 | 27 | ||
35 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, | |
36 | - | That the Laws of Maryland read as follows: | |
28 | + | FOR the purpose of authorizing the Maryland Community Health Resources Commission, 5 | |
29 | + | in consultation with the Secretary of Health, to set the compensation of certain 6 | |
30 | + | Commission employees; requiring the Secretary of Budget and Management, in 7 | |
31 | + | consultation with the Secretary of Health, to determine the positions for which the 8 | |
32 | + | Commission may set compensation; authorizing the Comptroller, the Treasurer, and 9 | |
33 | + | the Attorney General, in consultation with the Secretary of Budget and 10 | |
34 | + | Management, to set the pay scale of certain positions in their offices; and generally 11 | |
35 | + | relating to the Maryland Community Health Resources Commission and employee 12 | |
36 | + | compensation and pay scales. 13 | |
37 | 37 | ||
38 | - | Article – Health – General | |
38 | + | BY repealing and reenacting, with amendments, 14 | |
39 | + | Article – Health – General 15 | |
40 | + | Section 19–2106 16 | |
41 | + | Annotated Code of Maryland 17 | |
42 | + | (2019 Replacement Volume and 2022 Supplement) 18 | |
39 | 43 | ||
40 | - | 19–2106. | |
44 | + | BY repealing and reenacting, with amendments, 19 | |
45 | + | Article – State Government 20 | |
46 | + | Section 4–104, 5–105, and 6–105 21 | |
47 | + | Annotated Code of Maryland 22 | |
48 | + | (2021 Replacement Volume and 2022 Supplement) 23 2 HOUSE BILL 701 | |
41 | 49 | ||
42 | - | (a) (1) A majority of the full authorized membership of the Commission is a | |
43 | - | quorum. | |
44 | 50 | ||
45 | - | (2) The decision of the Commission shall be by a majority of the quorum | |
46 | - | present and voting. | |
47 | 51 | ||
48 | - | | |
49 | - | that | |
52 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1 | |
53 | + | That the Laws of Maryland read as follows: 2 | |
50 | 54 | ||
51 | - | ||
55 | + | Article – Health – General 3 | |
52 | 56 | ||
53 | - | ||
57 | + | 19–2106. 4 | |
54 | 58 | ||
55 | - | (1) Compensation in accordance with the State budget; and | |
59 | + | (a) (1) A majority of the full authorized membership of the Commission is a 5 | |
60 | + | quorum. 6 | |
56 | 61 | ||
57 | - | (2) | |
58 | - | ||
62 | + | (2) The decision of the Commission shall be by a majority of the quorum 7 | |
63 | + | present and voting. 8 | |
59 | 64 | ||
60 | - | ( | |
61 | - | ||
65 | + | (b) The Commission shall meet at least six times a year, at the times and places 9 | |
66 | + | that it determines. 10 | |
62 | 67 | ||
63 | - | (2) The Commission, in consultation with the Secretary, shall determine | |
64 | - | the appropriate job classifications and grades for all staff. | |
68 | + | (c) A member of the Commission is entitled to: 11 | |
65 | 69 | ||
66 | - | (3) THE COMMISSION, IN CONSULTATION WITH THE SECRETARY, | |
67 | - | MAY SET THE COMPENSA TION OF A COMMISSION EMPLO YEE IN A POSITION TH AT: | |
70 | + | (1) Compensation in accordance with the State budget; and 12 | |
68 | 71 | ||
69 | - | (I) IS UNIQUE TO THE COMMISSION; | |
72 | + | (2) Reimbursement for expenses under the Standard State Travel 13 | |
73 | + | Regulations, as provided in the State budget. 14 | |
70 | 74 | ||
71 | - | ( | |
72 | - | ||
75 | + | (d) (1) The Commission may employ a staff in accordance with the State 15 | |
76 | + | budget. 16 | |
73 | 77 | ||
74 | - | (III) DOES NOT REQUIRE THE EMPLOYEE TO PERFORM | |
75 | - | FUNCTIONS THAT ARE C OMPARABLE TO FUNCTIO NS PERFORMED IN OTHER UNITS | |
76 | - | OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT . | |
78 | + | (2) The Commission, in consultation with the Secretary, shall determine 17 | |
79 | + | the appropriate job classifications and grades for all staff. 18 | |
77 | 80 | ||
78 | - | (4) THE SECRETARY OF BUDGET AND MANAGEMENT , IN | |
79 | - | CONSULTATION WITH TH E COMMISSION, SHALL DETERMINE THE POSITIONS FOR | |
80 | - | WHICH THE COMMISSION MAY SET CO MPENSATION UNDER PAR AGRAPH (3) OF THIS | |
81 | - | SUBSECTION. | |
81 | + | (3) THE COMMISSION, IN CONSULTATION WITH THE SECRETARY, 19 | |
82 | + | MAY SET THE COMPENSA TION OF A COMMISSION EMPLOYEE IN A POSITION THAT : 20 | |
82 | 83 | ||
83 | - | ||
84 | + | (I) IS UNIQUE TO THE COMMISSION; 21 | |
84 | 85 | ||
85 | - | 4–104. | |
86 | + | (II) REQUIRES SPECIFIC SKI LLS OR EXPERIENCE TO PERFORM 22 | |
87 | + | THE DUTIES OF THE PO SITION; AND 23 | |
86 | 88 | ||
87 | - | (a) (1) The Comptroller may employ a staff in accordance with the State | |
88 | - | budget. | |
89 | + | (III) DOES NOT REQUIRE THE EMPLOYEE TO PERFORM 24 | |
90 | + | FUNCTIONS THAT ARE C OMPARABLE TO FUNCTIO NS PERFORMED IN OTHER UNITS 25 | |
91 | + | OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT . 26 | |
89 | 92 | ||
90 | - | (2) The staff shall perform the duties that the Comptroller assigns. | |
93 | + | (4) THE SECRETARY OF BUDGET AND MANAGEMENT , IN 27 | |
94 | + | CONSULTATION WITH TH E COMMISSION, SHALL DETERMINE THE POSITIONS FOR 28 | |
95 | + | WHICH THE COMMISSION MAY SET CO MPENSATION UNDER PAR AGRAPH (3) OF THIS 29 | |
96 | + | SUBSECTION. 30 HOUSE BILL 701 3 | |
91 | 97 | ||
92 | - | (b) (1) From among the employees on the staff, the Comptroller may designate | |
93 | - | 1 Chief Deputy Comptroller and 1 or more deputy comptrollers. | |
94 | 98 | ||
95 | - | (2) While in office, the Chief Deputy Comptroller and each deputy | |
96 | - | comptroller shall be covered by a surety bond in the form and amount required by law. WES MOORE, Governor Ch. 801 | |
97 | 99 | ||
98 | - | ||
100 | + | Article – State Government 1 | |
99 | 101 | ||
100 | - | (3) A designation as Chief Deputy Comptroller or as deputy comptroller | |
101 | - | may be terminated: | |
102 | + | 4–104. 2 | |
102 | 103 | ||
103 | - | ( | |
104 | - | ||
104 | + | (a) (1) The Comptroller may employ a staff in accordance with the State 3 | |
105 | + | budget. 4 | |
105 | 106 | ||
106 | - | (ii) if the Comptroller is ill or absent, by the other members of the | |
107 | - | Board of Public Works for any reason that the members consider sufficient. | |
107 | + | (2) The staff shall perform the duties that the Comptroller assigns. 5 | |
108 | 108 | ||
109 | - | ( | |
110 | - | deputy comptroller | |
109 | + | (b) (1) From among the employees on the staff, the Comptroller may designate 6 | |
110 | + | 1 Chief Deputy Comptroller and 1 or more deputy comptrollers. 7 | |
111 | 111 | ||
112 | - | (C) (1) THE COMPTROLLER , IN CONSULTATION WITH THE SECRETARY | |
113 | - | OF BUDGET AND MANAGEMENT , MAY SET THE PAY SCAL E OF A POSITION IN T HE | |
114 | - | OFFICE OF THE COMPTROLLER THAT : | |
112 | + | (2) While in office, the Chief Deputy Comptroller and each deputy 8 | |
113 | + | comptroller shall be covered by a surety bond in the form and amount required by law. 9 | |
115 | 114 | ||
116 | - | (I) IS UNIQUE TO THE OFFICE OF THE COMPTROLLER ; AND | |
115 | + | (3) A designation as Chief Deputy Comptroller or as deputy comptroller 10 | |
116 | + | may be terminated: 11 | |
117 | 117 | ||
118 | - | ( | |
119 | - | ||
118 | + | (i) by the Comptroller for any reason that the Comptroller considers 12 | |
119 | + | sufficient; or 13 | |
120 | 120 | ||
121 | - | (2) THE SECRETARY OF BUDGET AND MANAGEMENT , IN | |
122 | - | CONSULTATION WITH TH E COMPTROLLER , SHALL DETERMINE THE POSITIONS FOR | |
123 | - | WHICH THE COMPTROLLER MAY SET C OMPENSATION UNDER PA RAGRAPH (1) OF | |
124 | - | THIS SUBSECTION . | |
121 | + | (ii) if the Comptroller is ill or absent, by the other members of the 14 | |
122 | + | Board of Public Works for any reason that the members consider sufficient. 15 | |
125 | 123 | ||
126 | - | 5–105. | |
124 | + | (4) A termination of the designation as Chief Deputy Comptroller or as 16 | |
125 | + | deputy comptroller is not, of itself, a termination of employment. 17 | |
127 | 126 | ||
128 | - | (a) (1) The Treasurer may employ a staff in accordance with the State budget. | |
127 | + | (C) (1) THE COMPTROLLER , IN CONSULTATION WITH THE SECRETARY 18 | |
128 | + | OF BUDGET AND MANAGEMENT , MAY SET THE PAY SCAL E OF A POSITION IN T HE 19 | |
129 | + | OFFICE OF THE COMPTROLLER THAT : 20 | |
129 | 130 | ||
130 | - | (2) While on the staff, an individual shall be covered by a surety bond in | |
131 | - | the form and amount required by law. | |
131 | + | (I) IS UNIQUE TO THE OFFICE OF THE COMPTROLLER ; AND 21 | |
132 | 132 | ||
133 | - | (3) The staff shall perform the duties that the Treasurer assigns. | |
133 | + | (II) REQUIRES SPECIFIC SK ILLS OR EXPERIENCE T O PERFORM 22 | |
134 | + | THE DUTIES OF THE PO SITION. 23 | |
134 | 135 | ||
135 | - | (b) (1) From among the employees on the staff, the Treasurer may designate | |
136 | - | 1 Chief Deputy Treasurer and 1 or more deputy treasurers. | |
136 | + | (2) THE SECRETARY OF BUDGET AND MANAGEMENT , IN 24 | |
137 | + | CONSULTATION WITH TH E COMPTROLLER , SHALL DETERMINE THE POSITIONS FOR 25 | |
138 | + | WHICH THE COMPTROLLER MAY SET C OMPENSATION UNDER PA RAGRAPH (1) OF 26 | |
139 | + | THIS SUBSECTION . 27 | |
137 | 140 | ||
138 | - | (2) A designation as Chief Deputy Treasurer or as deputy treasurer may | |
139 | - | be terminated: | |
141 | + | 5–105. 28 | |
140 | 142 | ||
141 | - | (i) by the Treasurer for any reason that the Treasurer considers | |
142 | - | sufficient; or | |
143 | - | Ch. 801 2023 LAWS OF MARYLAND | |
143 | + | (a) (1) The Treasurer may employ a staff in accordance with the State budget. 29 | |
144 | + | 4 HOUSE BILL 701 | |
144 | 145 | ||
145 | - | – 4 – | |
146 | - | (ii) if the Treasurer is ill or absent, by the other members of the | |
147 | - | Board of Public Works for any reason that the members consider sufficient. | |
148 | 146 | ||
149 | - | ( | |
150 | - | ||
147 | + | (2) While on the staff, an individual shall be covered by a surety bond in 1 | |
148 | + | the form and amount required by law. 2 | |
151 | 149 | ||
152 | - | (C) (1) THE TREASURER, IN CONSULTATION WITH THE SECRETARY OF | |
153 | - | BUDGET AND MANAGEMENT , MAY SET THE PAY SCAL E OF A POSITION IN T HE | |
154 | - | OFFICE OF THE TREASURER THAT : | |
150 | + | (3) The staff shall perform the duties that the Treasurer assigns. 3 | |
155 | 151 | ||
156 | - | (I) IS UNIQUE TO THE OFFICE OF THE TREASURER; AND | |
152 | + | (b) (1) From among the employees on the staff, the Treasurer may designate 4 | |
153 | + | 1 Chief Deputy Treasurer and 1 or more deputy treasurers. 5 | |
157 | 154 | ||
158 | - | ( | |
159 | - | ||
155 | + | (2) A designation as Chief Deputy Treasurer or as deputy treasurer may 6 | |
156 | + | be terminated: 7 | |
160 | 157 | ||
161 | - | (2) THE SECRETARY OF BUDGET AND MANAGEMENT , IN | |
162 | - | CONSULTATION WITH TH E TREASURER, SHALL DETERMINE THE POSITIONS FOR | |
163 | - | WHICH THE TREASURER MAY SET COM PENSATION UNDER PARA GRAPH (1) OF THIS | |
164 | - | SUBSECTION. | |
158 | + | (i) by the Treasurer for any reason that the Treasurer considers 8 | |
159 | + | sufficient; or 9 | |
165 | 160 | ||
166 | - | 6–105. | |
161 | + | (ii) if the Treasurer is ill or absent, by the other members of the 10 | |
162 | + | Board of Public Works for any reason that the members consider sufficient. 11 | |
167 | 163 | ||
168 | - | ( | |
169 | - | ||
164 | + | (3) A termination of the designation as Chief Deputy Treasurer or as 12 | |
165 | + | deputy treasurer is not, of itself, a termination of employment. 13 | |
170 | 166 | ||
171 | - | ( | |
172 | - | ||
173 | - | ||
167 | + | (C) (1) THE TREASURER, IN CONSULTATION WITH THE SECRETARY OF 14 | |
168 | + | BUDGET AND MANAGEMENT , MAY SET THE PAY SCAL E OF A POSITION IN T HE 15 | |
169 | + | OFFICE OF THE TREASURER THAT : 16 | |
174 | 170 | ||
175 | - | (i) notwithstanding any other law, and except as provided in | |
176 | - | paragraph (3) of this subsection, are deemed special appointments within the meaning of § | |
177 | - | 6–405(a) of the State Personnel and Pensions Article; | |
171 | + | (I) IS UNIQUE TO THE OFFICE OF THE TREASURER; AND 17 | |
178 | 172 | ||
179 | - | (ii) | |
180 | - | ||
173 | + | (II) REQUIRES SPECIFIC SK ILLS OR EXPERIENCE T O PERFORM 18 | |
174 | + | THE DUTIES OF THE PO SITION. 19 | |
181 | 175 | ||
182 | - | (iii) serve at the pleasure of the Attorney General. | |
176 | + | (2) THE SECRETARY OF BUDGET AND MANAGEMENT , IN 20 | |
177 | + | CONSULTATION WITH TH E TREASURER, SHALL DETERMINE THE POSITIONS FOR 21 | |
178 | + | WHICH THE TREASURER MAY SET COM PENSATION UNDER PARA GRAPH (1) OF THIS 22 | |
179 | + | SUBSECTION. 23 | |
183 | 180 | ||
184 | - | (3) The following positions are special appointments under § 6–405(b) of | |
185 | - | the State Personnel and Pensions Article: | |
181 | + | 6–105. 24 | |
186 | 182 | ||
187 | - | (i) Deputy Attorney General; | |
183 | + | (a) (1) The Attorney General may employ a staff in accordance with the State 25 | |
184 | + | budget. 26 | |
188 | 185 | ||
189 | - | (ii) special assistant to the Attorney General; | |
190 | - | WES MOORE, Governor Ch. 801 | |
186 | + | (2) Attorneys, positions that provide direct support to the Attorney 27 | |
187 | + | General, and positions that provide direct support to the positions specified in paragraph 28 | |
188 | + | (3) of this subsection, appointed under this subsection: 29 | |
191 | 189 | ||
192 | - | – 5 – | |
193 | - | (iii) executive counsel to the Attorney General; | |
190 | + | (i) notwithstanding any other law, and except as provided in 30 | |
191 | + | paragraph (3) of this subsection, are deemed special appointments within the meaning of § 31 | |
192 | + | 6–405(a) of the State Personnel and Pensions Article; 32 HOUSE BILL 701 5 | |
194 | 193 | ||
195 | - | (iv) director or chief of a division or unit in the Office; and | |
196 | 194 | ||
197 | - | (v) principal counsel to a State unit. | |
198 | 195 | ||
199 | - | ( | |
200 | - | ||
196 | + | (ii) may not be determined to be special appointments under § 1 | |
197 | + | 6–405(b) of the State Personnel and Pensions Article; and 2 | |
201 | 198 | ||
202 | - | (ii) Unless the State budget provides otherwise, the salary of a | |
203 | - | Deputy Attorney General, assistant Attorney General, or special attorney appointed under | |
204 | - | this subsection is payable from the funds of the Office. | |
199 | + | (iii) serve at the pleasure of the Attorney General. 3 | |
205 | 200 | ||
206 | - | ( | |
207 | - | ||
201 | + | (3) The following positions are special appointments under § 6–405(b) of 4 | |
202 | + | the State Personnel and Pensions Article: 5 | |
208 | 203 | ||
209 | - | (b) (1) In addition to any other staff appointed under this section, the Attorney | |
210 | - | General, with the written approval of the Governor, may employ any assistant counsel that | |
211 | - | the Attorney General considers necessary to carry out any duty of the Office in an | |
212 | - | extraordinary or unforeseen case or in special county work. | |
204 | + | (i) Deputy Attorney General; 6 | |
213 | 205 | ||
214 | - | (2) The Attorney General shall submit to the Governor a written request | |
215 | - | that: | |
206 | + | (ii) special assistant to the Attorney General; 7 | |
216 | 207 | ||
217 | - | (i) states the necessity of and each reason for the special | |
218 | - | employment; and | |
208 | + | (iii) executive counsel to the Attorney General; 8 | |
219 | 209 | ||
220 | - | (ii) states the proposed compensation and its source or certifies that | |
221 | - | the Attorney General cannot ascertain in advance the proper compensation. | |
210 | + | (iv) director or chief of a division or unit in the Office; and 9 | |
222 | 211 | ||
223 | - | (3) Compensation that cannot be ascertained in advance may be agreed on | |
224 | - | or adjusted later. | |
212 | + | (v) principal counsel to a State unit. 10 | |
225 | 213 | ||
226 | - | (c) (1) In addition to any other staff appointed under this section, the Attorney | |
227 | - | General may employ special counsel to defend a State officer or State employee under Title | |
228 | - | 12, Subtitle 3 of this article if the Attorney General determines that representation by the | |
229 | - | Attorney General or an assistant is impracticable or uneconomical. | |
214 | + | (4) (i) Staff appointed under this subsection is entitled to compensation 11 | |
215 | + | as provided in the State budget. 12 | |
230 | 216 | ||
231 | - | ( | |
232 | - | General | |
233 | - | ||
217 | + | (ii) Unless the State budget provides otherwise, the salary of a 13 | |
218 | + | Deputy Attorney General, assistant Attorney General, or special attorney appointed under 14 | |
219 | + | this subsection is payable from the funds of the Office. 15 | |
234 | 220 | ||
235 | - | (d) Each Deputy Attorney General, assistant Attorney General, or special | |
236 | - | attorney appointed under subsection (a) of this section shall be a practicing lawyer of the | |
237 | - | State in good standing. | |
238 | - | Ch. 801 2023 LAWS OF MARYLAND | |
221 | + | (5) Staff is entitled to reimbursement for expenses under the Standard 16 | |
222 | + | State Travel Regulations, as provided in the State budget. 17 | |
239 | 223 | ||
240 | - | – 6 – | |
241 | - | (e) (1) The Attorney General may assign any duty that the law imposes on the | |
242 | - | Attorney General to a Deputy Attorney General, assistant Attorney General, or special | |
243 | - | attorney appointed under subsection (a) of this section or, to the extent permitted by law, | |
244 | - | a law clerk. | |
224 | + | (b) (1) In addition to any other staff appointed under this section, the Attorney 18 | |
225 | + | General, with the written approval of the Governor, may employ any assistant counsel that 19 | |
226 | + | the Attorney General considers necessary to carry out any duty of the Office in an 20 | |
227 | + | extraordinary or unforeseen case or in special county work. 21 | |
245 | 228 | ||
246 | - | (2) The Deputy Attorney General, assistant Attorney General, special | |
247 | - | attorney, or law clerk shall perform the assigned duty, subject to the control of the Attorney | |
248 | - | General. | |
229 | + | (2) The Attorney General shall submit to the Governor a written request 22 | |
230 | + | that: 23 | |
249 | 231 | ||
250 | - | (f) In addition to any other staff appointed under this section, the Attorney | |
251 | - | General may employ any assistant counsel that the Attorney General considers necessary | |
252 | - | to carry out any duty of the Office if the employment of the assistant counsel: | |
232 | + | (i) states the necessity of and each reason for the special 24 | |
233 | + | employment; and 25 | |
253 | 234 | ||
254 | - | (1) is on a pro bono basis; | |
235 | + | (ii) states the proposed compensation and its source or certifies that 26 | |
236 | + | the Attorney General cannot ascertain in advance the proper compensation. 27 | |
255 | 237 | ||
256 | - | (2) will not result in more than minimal cost to the State; and | |
238 | + | (3) Compensation that cannot be ascertained in advance may be agreed on 28 | |
239 | + | or adjusted later. 29 | |
240 | + | 6 HOUSE BILL 701 | |
257 | 241 | ||
258 | - | (3) will not result in the payment to the assistant counsel of any portion of | |
259 | - | the State’s recovery in any case or matter. | |
260 | 242 | ||
261 | - | (G) (1) THE ATTORNEY GENERAL, IN CONSULTATION WITH THE | |
262 | - | SECRETARY OF BUDGET AND MANAGEMENT , MAY SET THE PAY SCAL E OF A | |
263 | - | POSITION IN THE OFFICE OF THE ATTORNEY GENERAL THAT : | |
243 | + | (c) (1) In addition to any other staff appointed under this section, the Attorney 1 | |
244 | + | General may employ special counsel to defend a State officer or State employee under Title 2 | |
245 | + | 12, Subtitle 3 of this article if the Attorney General determines that representation by the 3 | |
246 | + | Attorney General or an assistant is impracticable or uneconomical. 4 | |
264 | 247 | ||
265 | - | (I) IS UNIQUE TO THE OFFICE OF THE ATTORNEY GENERAL; | |
266 | - | AND | |
248 | + | (2) The special counsel is entitled to compensation, as set by the Attorney 5 | |
249 | + | General and approved by the Board of Public Works, under Title 12, Subtitle 5 of this 6 | |
250 | + | article. 7 | |
267 | 251 | ||
268 | - | (II) REQUIRES SPECIFIC SK ILLS OR EXPERIENCE T O PERFORM | |
269 | - | THE DUTIES OF THE PO SITION. | |
252 | + | (d) Each Deputy Attorney General, assistant Attorney General, or special 8 | |
253 | + | attorney appointed under subsection (a) of this section shall be a practicing lawyer of the 9 | |
254 | + | State in good standing. 10 | |
270 | 255 | ||
271 | - | ( | |
272 | - | ||
273 | - | ||
274 | - | ||
256 | + | (e) (1) The Attorney General may assign any duty that the law imposes on the 11 | |
257 | + | Attorney General to a Deputy Attorney General, assistant Attorney General, or special 12 | |
258 | + | attorney appointed under subsection (a) of this section or, to the extent permitted by law, 13 | |
259 | + | a law clerk. 14 | |
275 | 260 | ||
276 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July | |
277 | - | 1, 2023. | |
261 | + | (2) The Deputy Attorney General, assistant Attorney General, special 15 | |
262 | + | attorney, or law clerk shall perform the assigned duty, subject to the control of the Attorney 16 | |
263 | + | General. 17 | |
278 | 264 | ||
279 | - | Enacted under Article II, § 17(c) of the Maryland Constitution, May 28, 2023. | |
265 | + | (f) In addition to any other staff appointed under this section, the Attorney 18 | |
266 | + | General may employ any assistant counsel that the Attorney General considers necessary 19 | |
267 | + | to carry out any duty of the Office if the employment of the assistant counsel: 20 | |
268 | + | ||
269 | + | (1) is on a pro bono basis; 21 | |
270 | + | ||
271 | + | (2) will not result in more than minimal cost to the State; and 22 | |
272 | + | ||
273 | + | (3) will not result in the payment to the assistant counsel of any portion of 23 | |
274 | + | the State’s recovery in any case or matter. 24 | |
275 | + | ||
276 | + | (G) (1) THE ATTORNEY GENERAL, IN CONSULTATION WITH THE 25 | |
277 | + | SECRETARY OF BUDGET AND MANAGEMENT , MAY SET THE PAY SCAL E OF A 26 | |
278 | + | POSITION IN THE OFFICE OF THE ATTORNEY GENERAL THAT : 27 | |
279 | + | ||
280 | + | (I) IS UNIQUE TO THE OFFICE OF THE ATTORNEY GENERAL; 28 | |
281 | + | AND 29 | |
282 | + | ||
283 | + | (II) REQUIRES SPECIFIC SK ILLS OR EXPERIENCE T O PERFORM 30 | |
284 | + | THE DUTIES OF THE PO SITION. 31 | |
285 | + | ||
286 | + | (2) THE SECRETARY OF BUDGET AND MANAGEMENT , IN 32 | |
287 | + | CONSULTATION WITH TH E ATTORNEY GENERAL, SHALL DETERMINE THE POSITIONS 33 HOUSE BILL 701 7 | |
288 | + | ||
289 | + | ||
290 | + | FOR WHICH THE ATTORNEY GENERAL MAY SET COMPE NSATION UNDER PARAGR APH 1 | |
291 | + | (1) OF THIS SUBSECTION . 2 | |
292 | + | ||
293 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 3 | |
294 | + | 1, 2023. 4 | |
295 | + | ||
296 | + | ||
297 | + | ||
298 | + | ||
299 | + | ||
300 | + | Approved: | |
301 | + | ________________________________________________________________________________ | |
302 | + | Governor. | |
303 | + | ________________________________________________________________________________ | |
304 | + | Speaker of the House of Delegates. | |
305 | + | ________________________________________________________________________________ | |
306 | + | President of the Senate. |