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Session Laws, 1988
Volume 770, Page 1652   View pdf image
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Ch. 48                                          LAWS OF MARYLAND

(1)  COMPENSATION IN ACCORDANCE WITH THE STATE BUDGET;
AND

(2)  REIMBURSEMENT FOR EXPENSES UNDER THE STANDARD
STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET.

REVISOR'S NOTE: This section is new language derived
without substantive change from former SF §§ 11-169
and 11-170 and the first clause of § 11-168.

In subsections (b)(3) and (c)(3) of this section, the
defined term "unit" is substituted for the former
words "using authority". The substituted language is
broader, since "using authority" was defined, in
former SF § ll-167(d), to encompass all units other
than transportation units. The substitution is,
however, nonsubstantive since the provisions that
relate to the powers of the General Selection Board
clearly exclude transportation units. See, e.g., §
13-306(a) of this subtitle.

In subsection (b)(3) of this section, the clause
"whose request the General Selection Board is
considering" is substituted for the former reference
to a unit "that is presenting a request ...", since
more than 1 unit may be presenting requests. The
substituted language conforms to subsection (c)(3) of
this section.

In subsection (c)(3) of this section, the clause "that
the temporary member represents" is substituted for
the former phrase "by which he is appointed", since
the temporary member of the General Selection Board
is, ex officio, the head of the unit whose request is
being considered and, thus, is not "appointed".

In subsection (c)(4) of this section, the clause
"until a successor is appointed and qualifies" is
standard language added to avoid gaps in membership by
indicating that a member serves until a successor
takes office. This provision is supported by the
cases of Benson v. Mellor, 152 Md. 481 (1927) and
Grooms v. LaVale Zoning Board, 27 Md. App. 266 (1975).

The Procurement Revision Review Committee notes, for
consideration by the General Assembly, that the phrase
"associated with", which appears in subsection
(d)(2)(ii) of this section but is carried over from
former SF § 11-170(c)(2), is inconsistent with Title 3
of the Maryland Public Ethics Law. Art. 40A, § 3-101
of the Code prohibits an official from participating
in a matter involving a business entity if the
official knows or could reasonably be expected to know

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Session Laws, 1988
Volume 770, Page 1652   View pdf image
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