780                               Laws of Maryland                      [Ch. 374

State Roads Commission, whether classified or unclassified and
whether paid on an annual, daily or hourly basis, and shall expressly
include those engaged in work on the maintenance of county roads
under the supervision of the State Roads Commission. Provided,
however, that all unclassified persons working for the State Roads
Commission or on county roads under the supervision and control
of the State Roads Commission on an hourly basis who have not been
regularly employed in such work for a period of one year, shall not be
eligible for membership until they have been so regularly employed
for a period of one year. The term "employee" shall include any ap-
pointed or elected employee of the State, and any clerk of any court
and register of wills, and shall include the Sheriff of Baltimore City
and the employees of his office. It shall exclude any person who is a
member of or eligible to membership in the Teachers' Retirement
System of the State of Maryland or the State Police Pension Fund
or the Judges Retirement System and any class of employees whose
compensation is only partly paid by the State [or who are serv-
ing on a temporary basis]. The term "employee" also shall include
any person who was regularly employed by Miners' Hospital in
Frostburg and who was a member of the retirement system at
the time it was transferred from State ownership, and who con-
tinues in employment at the hospital after the transfer, so long
as all contributions to the retirement system which are required
from both employees and employer are made when and as payable.
From and after the time the hospital is transferred from State
ownership, the State no longer has the responsibility of paying
the employer's share of the contributions. The term "employee" also
shall, on and after June 1, 1961, include any person who is regularly
employed by the State Military Department as a National Guard
technician, although paid by or from federal appropriated funds,
provided the employer's contribution to the retirement system, when
and as payable, shall be made by the United States, or otherwise,
and provided the State shall not be responsible for payment of
such employer's contribution. The term "employee" also includes
all the several classes of assessors, including supervisors and as-
sistants, for whom the State pays a portion of annual salary under
the provisions of the subtitle "State Department of Assessments and
Taxation" in Article 81 of this Code; but the term "employee"
does not include any such assessor who is a member of a retire-
ment or pension system operated by a political subdivision of this
State. In all cases of doubt, the board of trustees, provided for in
Section 11 of this article, shall determine whether any person is
an employee as defined in this article, irrespective of the method
of payment.

Sec. 2. And be it further enacted, That this Act shall take effect
July 1, 1971.

Approved May 6, 1971.

CHAPTER 374
(Senate Bill 338)

AN ACT to repeal and re-enact, with amendments, Section 49 (b) of
Article 2B of the Annotated Code of Maryland (1968 Replacement
Volume), title "Alcoholic Beverages," subtitle "General Provisions