WES MOORE, Governor Ch. 801
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Chapter 801
(House Bill 701)
AN ACT concerning
Maryland Community Health Resources Commission and Offices of the
Comptroller, Treasurer, and Attorney General – Compensation and Pay Scales
of Employees
FOR the purpose of authorizing the Maryland Community Health Resources Commission,
in consultation with the Secretary of Health, to set the compensation of certain
Commission employees; requiring the Secretary of Budget and Management, in
consultation with the Secretary of Health, to determine the positions for which the
Commission may set compensation; authorizing the Comptroller, the Treasurer, and
the Attorney General, in consultation with the Secretary of Budget and
Management, to set the pay scale of certain positions in their offices; and generally
relating to the Maryland Community Health Resources Commission and employee
compensation and pay scales.
BY repealing and reenacting, with amendments,
Article – Health – General
Section 19–2106
Annotated Code of Maryland
(2019 Replacement Volume and 2022 Supplement)
BY repealing and reenacting, with amendments,
Article – State Government
Section 4–104, 5–105, and 6–105
Annotated Code of Maryland
(2021 Replacement Volume and 2022 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Health – General
19–2106.
(a) (1) A majority of the full authorized membership of the Commission is a
quorum.
(2) The decision of the Commission shall be by a majority of the quorum
present and voting.
(b) The Commission shall meet at least six times a year, at the times and places
that it determines. Ch. 801 2023 LAWS OF MARYLAND
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(c) A member of the Commission is entitled to:
(1) Compensation in accordance with the State budget; and
(2) Reimbursement for expenses under the Standard State Travel
Regulations, as provided in the State budget.
(d) (1) The Commission may employ a staff in accordance with the State
budget.
(2) The Commission, in consultation with the Secretary, shall determine
the appropriate job classifications and grades for all staff.
(3) THE COMMISSION, IN CONSULTATION WITH THE SECRETARY,
MAY SET THE COMPENSA TION OF A COMMISSION EMPLO YEE IN A POSITION TH AT:
(I) IS UNIQUE TO THE COMMISSION;
(II) REQUIRES SPECIFIC SKI LLS OR EXPERIENCE TO PERFORM
THE DUTIES OF THE PO SITION; AND
(III) DOES NOT REQUIRE THE EMPLOYEE TO PERFORM
FUNCTIONS THAT ARE C OMPARABLE TO FUNCTIO NS PERFORMED IN OTHER UNITS
OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT .
(4) THE SECRETARY OF BUDGET AND MANAGEMENT , IN
CONSULTATION WITH TH E COMMISSION, SHALL DETERMINE THE POSITIONS FOR
WHICH THE COMMISSION MAY SET CO MPENSATION UNDER PAR AGRAPH (3) OF THIS
SUBSECTION.
Article – State Government
4–104.
(a) (1) The Comptroller may employ a staff in accordance with the State
budget.
(2) The staff shall perform the duties that the Comptroller assigns.
(b) (1) From among the employees on the staff, the Comptroller may designate
1 Chief Deputy Comptroller and 1 or more deputy comptrollers.
(2) While in office, the Chief Deputy Comptroller and each deputy
comptroller shall be covered by a surety bond in the form and amount required by law. WES MOORE, Governor Ch. 801
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(3) A designation as Chief Deputy Comptroller or as deputy comptroller
may be terminated:
(i) by the Comptroller for any reason that the Comptroller considers
sufficient; or
(ii) if the Comptroller is ill or absent, by the other members of the
Board of Public Works for any reason that the members consider sufficient.
(4) A termination of the designation as Chief Deputy Comptroller or as
deputy comptroller is not, of itself, a termination of employment.
(C) (1) THE COMPTROLLER , IN CONSULTATION WITH THE SECRETARY
OF BUDGET AND MANAGEMENT , MAY SET THE PAY SCAL E OF A POSITION IN T HE
OFFICE OF THE COMPTROLLER THAT :
(I) IS UNIQUE TO THE OFFICE OF THE COMPTROLLER ; AND
(II) REQUIRES SPECIFIC SK ILLS OR EXPERIENCE T O PERFORM
THE DUTIES OF THE PO SITION.
(2) THE SECRETARY OF BUDGET AND MANAGEMENT , IN
CONSULTATION WITH TH E COMPTROLLER , SHALL DETERMINE THE POSITIONS FOR
WHICH THE COMPTROLLER MAY SET C OMPENSATION UNDER PA RAGRAPH (1) OF
THIS SUBSECTION .
5–105.
(a) (1) The Treasurer may employ a staff in accordance with the State budget.
(2) While on the staff, an individual shall be covered by a surety bond in
the form and amount required by law.
(3) The staff shall perform the duties that the Treasurer assigns.
(b) (1) From among the employees on the staff, the Treasurer may designate
1 Chief Deputy Treasurer and 1 or more deputy treasurers.
(2) A designation as Chief Deputy Treasurer or as deputy treasurer may
be terminated:
(i) by the Treasurer for any reason that the Treasurer considers
sufficient; or
Ch. 801 2023 LAWS OF MARYLAND
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(ii) if the Treasurer is ill or absent, by the other members of the
Board of Public Works for any reason that the members consider sufficient.
(3) A termination of the designation as Chief Deputy Treasurer or as
deputy treasurer is not, of itself, a termination of employment.
(C) (1) THE TREASURER, IN CONSULTATION WITH THE SECRETARY OF
BUDGET AND MANAGEMENT , MAY SET THE PAY SCAL E OF A POSITION IN T HE
OFFICE OF THE TREASURER THAT :
(I) IS UNIQUE TO THE OFFICE OF THE TREASURER; AND
(II) REQUIRES SPECIFIC SK ILLS OR EXPERIENCE T O PERFORM
THE DUTIES OF THE PO SITION.
(2) THE SECRETARY OF BUDGET AND MANAGEMENT , IN
CONSULTATION WITH TH E TREASURER, SHALL DETERMINE THE POSITIONS FOR
WHICH THE TREASURER MAY SET COM PENSATION UNDER PARA GRAPH (1) OF THIS
SUBSECTION.
6–105.
(a) (1) The Attorney General may employ a staff in accordance with the State
budget.
(2) Attorneys, positions that provide direct support to the Attorney
General, and positions that provide direct support to the positions specified in paragraph
(3) of this subsection, appointed under this subsection:
(i) notwithstanding any other law, and except as provided in
paragraph (3) of this subsection, are deemed special appointments within the meaning of §
6–405(a) of the State Personnel and Pensions Article;
(ii) may not be determined to be special appointments under §
6–405(b) of the State Personnel and Pensions Article; and
(iii) serve at the pleasure of the Attorney General.
(3) The following positions are special appointments under § 6–405(b) of
the State Personnel and Pensions Article:
(i) Deputy Attorney General;
(ii) special assistant to the Attorney General;
WES MOORE, Governor Ch. 801
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(iii) executive counsel to the Attorney General;
(iv) director or chief of a division or unit in the Office; and
(v) principal counsel to a State unit.
(4) (i) Staff appointed under this subsection is entitled to compensation
as provided in the State budget.
(ii) Unless the State budget provides otherwise, the salary of a
Deputy Attorney General, assistant Attorney General, or special attorney appointed under
this subsection is payable from the funds of the Office.
(5) Staff is entitled to reimbursement for expenses under the Standard
State Travel Regulations, as provided in the State budget.
(b) (1) In addition to any other staff appointed under this section, the Attorney
General, with the written approval of the Governor, may employ any assistant counsel that
the Attorney General considers necessary to carry out any duty of the Office in an
extraordinary or unforeseen case or in special county work.
(2) The Attorney General shall submit to the Governor a written request
that:
(i) states the necessity of and each reason for the special
employment; and
(ii) states the proposed compensation and its source or certifies that
the Attorney General cannot ascertain in advance the proper compensation.
(3) Compensation that cannot be ascertained in advance may be agreed on
or adjusted later.
(c) (1) In addition to any other staff appointed under this section, the Attorney
General may employ special counsel to defend a State officer or State employee under Title
12, Subtitle 3 of this article if the Attorney General determines that representation by the
Attorney General or an assistant is impracticable or uneconomical.
(2) The special counsel is entitled to compensation, as set by the Attorney
General and approved by the Board of Public Works, under Title 12, Subtitle 5 of this
article.
(d) Each Deputy Attorney General, assistant Attorney General, or special
attorney appointed under subsection (a) of this section shall be a practicing lawyer of the
State in good standing.
Ch. 801 2023 LAWS OF MARYLAND
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(e) (1) The Attorney General may assign any duty that the law imposes on the
Attorney General to a Deputy Attorney General, assistant Attorney General, or special
attorney appointed under subsection (a) of this section or, to the extent permitted by law,
a law clerk.
(2) The Deputy Attorney General, assistant Attorney General, special
attorney, or law clerk shall perform the assigned duty, subject to the control of the Attorney
General.
(f) In addition to any other staff appointed under this section, the Attorney
General may employ any assistant counsel that the Attorney General considers necessary
to carry out any duty of the Office if the employment of the assistant counsel:
(1) is on a pro bono basis;
(2) will not result in more than minimal cost to the State; and
(3) will not result in the payment to the assistant counsel of any portion of
the State’s recovery in any case or matter.
(G) (1) THE ATTORNEY GENERAL, IN CONSULTATION WITH THE
SECRETARY OF BUDGET AND MANAGEMENT , MAY SET THE PAY SCAL E OF A
POSITION IN THE OFFICE OF THE ATTORNEY GENERAL THAT :
(I) IS UNIQUE TO THE OFFICE OF THE ATTORNEY GENERAL;
AND
(II) REQUIRES SPECIFIC SK ILLS OR EXPERIENCE T O PERFORM
THE DUTIES OF THE PO SITION.
(2) THE SECRETARY OF BUDGET AND MANAGEMENT , IN
CONSULTATION WITH TH E ATTORNEY GENERAL, SHALL DETERMINE THE POSITIONS
FOR WHICH THE ATTORNEY GENERAL MAY SET COMPE NSATION UNDER PARAGR APH
(1) OF THIS SUBSECTION .
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
1, 2023.
Enacted under Article II, § 17(c) of the Maryland Constitution, May 28, 2023.