HARRY HUGHES, Governor

2481

payment of the fine is deleted as unnecessary in
light of — and,, to the extent of any
inconsistencies, as superseded by — Article 38,
§ 4 of the Code.

GENERAL REVISOR'S NOTE TO ARTICLE:

Departmental organization and positions:

Throughout this article, references to current
departments, units, and positions are substituted for
obsolete references to entities that have been abolished or
otherwise ceased to exist.

References to the Secretary are substituted for the
obsolete references to the State Board of Health and the
State Board of Health and Mental Hygiene.

Because the position has been abolished, references to
the Commissioner of Health are deleted throughout this
article and, if necessary to preserve a duty conferred on
the former Commissioner, a reference to the Secretary is
substituted.

Membership of boards and commissions:

In the "Membership" sections of this article, there is
a subsection captioned "Tenure; vacancies". A standard
paragraph included in each of those subsections provides
that a "member who is appointed after a term has begun
serves only for the rest of the term and until a successor
is appointed and qualifies". That paragraph applies: (1)
When a successor is appointed to replace a member who has
died, resigned, or failed for any other reason to complete
a term; (2) When a member is appointed to succeed a member
who has "held over" to part of the next term, pending the
delayed appointment and qualification of the successor; or
(3) When, in any other situation, a member takes office
after a term has begun, e.g., when, at the completion of a
term, there is a delay in the appointment of a successor,
but the member who served the prior term does not "hold
over".

Right of entry:

The Commission notes, for consideration by the General
Assembly, that this article contains numerous provisions
that authorize entry into premises to carry out duties
imposed by this article. The Commission notes that there
are constitutional issues with respect to nonconsensual,
warrantless searches of premises and issuance of
administrative search warrants.

The Fourth Amendment of the United States Constitution
and Article 26 of the State Declaration of Rights require