58                                LAWS OF MARYLAND                        [CH. 31

STATE COMMISSIONER OF PERSONNEL IS AUTHORIZED
TO ADOPT AND PROMULGATE REASONABLE RULES AND
REGULATIONS TO PREVENT AN ABUSE OF THIS SECTION
BY THE GRANTING OF UNNECESSARY AND UNWARRANT-
ED OVERTIME OR BY THE FAILURE TO GRANT OVERTIME
COMPENSATION WHEN THE EMPLOYEE IS ELIGIBLE TO
RECEIVE THE SAME UNDER THE PROVISIONS OF THIS
SECTION. ANY EMPLOYEE WHO IS DESIGNATED BY HIS
EXECUTIVE HEAD AS BEING NOT SUBJECT TO THE PRO-
VISIONS OF A FORTY HOUR WEEK, SHALL HAVE THE
RIGHT TO APPEAL TO THE STATE COMMISSIONER OF PER-
SONNEL, WHO SHALL INVESTIGATE AND DECIDE SUCH
EMPLOYEE'S APPEAL, AND THE COMMISSIONER'S DECI-
SION SHALL BE FINAL AND BINDING UPON BOTH THE
EXECUTIVE HEAD AND THE EMPLOYEE WHO APPEALS
SUCH DESIGNATION.

(C)   PER DIEM EMPLOYEES.—EVERY PER DIEM STATE
EMPLOYEE WHO WORKS IN EXCESS OF FORTY HOURS IN
ANY WEEK SHALL RECEIVE COMPENSATION FOR SUCH
HOURS WORKED IN EXCESS OF THAT TIME. THE AMOUNT
OF COMPENSATION FOR SUCH EXCESS SHALL BE COM-
PUTED BY DIVIDING THE PER DIEM COMPENSATION BY
EIGHT AND MULTIPLYING THE RESULTING QUOTIENT BY
THE NUMBER OF HOURS WORKED IN EXCESS OF SAID
FORTY HOURS.

(D)   EXCEPTIONS.—PROVIDED, HOWEVER, THAT THE
PROVISIONS OF THIS SECTION SHALL NOT APPLY TO THE
DEPARTMENT OF MARYLAND STATE POLICE, GAME AND
INLAND FISH COMMISSION, DEPARTMENT OF STATE FOR-
ESTS AND PARKS, THE DEPARTMENT OF TIDEWATER
FISHERIES AND TO THE MARYLAND ALCOHOL TAX EN-
FORCEMENT UNIT.

(E)   STATE ROADS COMMISSION HOURLY PAID EM-
PLOYEES.—IN ORDER THAT THE HOURLY PAID EM-
PLOYEES OF THE STATE ROADS COMMISSION WILL NOT
SUFFER A REDUCTION IN COMPENSATION THROUGH THE
OPERATION OF THIS SECTION, THEY SHALL RECEIVE AND
CONTINUE TO RECEIVE AN INCREASE IN HOURLY COM-
PENSATION IN AN AMOUNT EQUAL TO TEN PER CENTUM
(10%) OF THE RATE OF COMPENSATION PRESCRIBED FOR
THEIR RESPECTIVE CLASSIFICATIONS IMMEDIATELY
PRIOR TO THE EFFECTIVE DATE OF THIS ACT.

Sec. 2. And be it further enacted, That this Act is declared to
be an emergency law and necessary for the immediate preservation
of the public health and safety, and having been passed by a yea and
nay vote, supported by three-fifths of all the Members elected to each
of the two Houses of the General Assembly of Maryland, the same
shall take effect from the date of its passage.

Approved March 13, 1958.