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HARRY HUGHES, Governor
801
Art. 41, § 231-I was transferred to Art. 21 by Ch.
775, Acts of 1980 and then was amended by Ch. 320,
Acts of 1983 so as not to apply to the Secretary.
Thus, the new language embraces the same powers and
duties as the previously enumerated sections.
The former reference to "functions" is deleted as
included in the words "power or duty".
The former words "the powers, duties and functions",
which referred to certain powers transferred to the
Secretary under the second sentence of former Art. 41,
§ 231F, are deleted as unnecessary because the
transferred powers and duties are the same powers
included in the sections enumerated in the third
sentence of former Art. 41, § 231F.
The Commission to Revise the Annotated Code points out
to the General Assembly that the provisions in Part
III of this subtitle that grant powers to or impose
duties on the Secretary are not included as powers or
duties that the Secretary may delegate under this
section because former Art. 41, § 231G-1, which is
revised as Part III of this subtitle, was not listed
in the enumeration of sections in the third sentence
of former Art. 41, § 231F. The Commission notes that
the General Assembly may have intended to make any
powers and duties in former Art. 41, § 231G-1
delegable to the Chief of the Purchasing Bureau.
The second sentence of former Art. 41, § 231F, which
provided for the transfer of certain-powers from the
Director of Budget and Procurement to the Secretary,
is deleted as obsolete.
Defined term: "Secretary" § 4-101
4-304. CONFLICT OF INTEREST.
(A) IN GENERAL.
THE SECRETARY OR ANY EMPLOYEE OF THE DEPARTMENT MAY NOT:
(1) BE INTERESTED IN ANY CONTRACT OR BID FOR
FURNISHING ANY SUPPLIES TO ANY USING AGENCY;
(2) BE CONNECTED IN ANY MANNER, DIRECTLY OR
INDIRECTLY, WITH ANY CONTRACT OR BID FOR FURNISHING ANY SUPPLIES
TO ANY USING AGENCY; OR
(3) ACCEPT OR RECEIVE, DIRECTLY OR INDIRECTLY,
WHETHER BY REBATE, GIFT, OR OTHERWISE, FROM A PERSON TO WHOM A
CONTRACT MAY BE AWARDED:
(I) ANY MONEY OR THING OF VALUE; OR
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