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Session Laws, 1984
Volume 759, Page 1176   View pdf image
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1176                                             LAWS OF MARYLAND                                         Ch. 284

3A(b), § 15C(c) and the first through fifth sentences
of (a), and the second and fourth sentences of § 15CB.

In subsection (a) of this section, the former
reference to the Governor "as chief executive officer
of the State government" is deleted as surplusage.

The introductory language of subsection (b)(1) of this
section, "[i]n addition to any reorganization under
Article II, § 24 of the Maryland Constitution," is
added to state expressly that the authority to order a
reorganization under subsection (b) of this section is
additional authority, subject only to the limitation
that the order be not inconsistent with law.

In subsection (b)(1) of this section, the power to
"order" a reorganization is substituted for the former
duty to "propose, approve, and order", which, in light
of the discretion inherent in a determination as to
"necessary and desirable", was more accurately a power
and which also did not reflect the power to disapprove
reorganizations as undesirable or unnecessary. In
light of this revision and subsection (b)(3) of this
section, the first sentence of former Art. 41, § 15CB,
which required a secretary to submit to the Governor
an order that the secretary "intends to issue", and
express power, in the second sentence of § 15CB, to
"approve or reject" the proposal, are deleted as
unnecessary and, to the extent that those former
provisions suggested a secretary could order a
reorganization without approval, misleading.

In subsection (b)(2)(ii) of this section, the former
reference to placement of "new units ... at the time
of creation" is deleted as inconsistent with the
reference in former Art. 41, § 3 to placement "at the
time of or at any time after the establishment of the
appropriate principal department", which also is
deleted as unnecessary.

Also in subsection (b)(2)(ii) of this section, the
former limitation "unless assigned by law" and the
former, specific reference to "[n]onstatutory units
and programs" are deleted as unnecessary in light
of § 8-202(a)(l) of this title.

In subsection (b)(3) of this section, the reference to
an "executive order" is added to reflect former Art.
41, § 15CA(b), which defined "executive order" to
include reorganization orders. See § 3-401 of this
article.

In subsection (c)(1) of this section, the reference to
a "law that relates to the organization of the
Executive Branch of the State government" is

 

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Session Laws, 1984
Volume 759, Page 1176   View pdf image
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