Theodore R. McKeldin, Governor                    1137

Section 1. Be it enacted by the General Assembly of Maryland,
That Sections 11 and 12 of Article 64A of the Annotated Code of
Maryland (1951 Edition), title "Merit System" be and the same are
hereby repealed and re-enacted, with amendments, to read as follows:

11.  Notwithstanding any provision of law to the contrary, except
as herein provided, the Commissioner shall not hereafter prohibit,
prevent, disqualify or discriminate against any person who is
physically and mentally qualified from competing, registering for or
participating in a competitive or promotional examination held under
the provisions of this Article or from qualifying for a position in
the Classified Service by reason of his or her age and/or on account
of any physical defect or impairment, providing such physically
impaired person shall produce a certificate from a competent medical
doctor certifying that the said physically impaired person is not suf-
fering from any physical defect or impairment which is of such a
character that would interfere with the physically impaired person
performing the duties of the position which the said physically
impaired person is seeking. [The Commissioner shall not be required,
however, to certify for appointment any person who has a minor
defect or impairment or who is above the age ordinarily prescribed
for any particular position unless such person shall, by a written
instrument executed in the presence of two subscribing witnesses,
waive any benefit or right to a pension under any State retirement
system and/or any disability benefits during or on account of such
employment. Any such rule, requirement, resolution or regulation
made by the Commissioner shall be void.]

Whenever the Commissioner shall have certified to the appointing
authority a list of eligibles in conformity with the provisions of Sec-
tion 16 of this Article and such list shall contain the name of a
physically impaired person, such physically impaired person shall
not be rejected by the said appointing authority because of said
physical impairment alone, provided said physically handicapped
person is qualified to perform the duties of the position involved.

Nothing herein contained, however, shall prevent the Commissioner
from adopting reasonable minimum and/or maximum age require-
ments for positions such as policemen, firemen, prison guard, or other
positions which require extraordinary physical effort, except where
age limits for such positions are already prescribed by law.

12.  The Commissioner is authorized and empowered to prepare,
without examination, special lists of eligibles of persons certified by
the Division of Vocational Rehabilitation of the State Department of
Education to be physically capable and adequately trained to qualify
for a position in the Classified Service. The use of such special lists
of eligibles shall be optional with the appointing authority; provided
that the Commissioner, in his discretion, may fix the maximum num-
ber of persons who may be appointed from such special lists of eligi-
bles by any appointing authority. [The Commissioner shall not
certify for employment any person or any special list of eligibles
unless such person shall, by written instrument executed in the
presence of two subscribing witnesses, waive any benefit or right to a
pension under any State retirement system and/or any disability
benefits during or on account of such employment.]