WILLIAM DONALD SCHAEFER, Governor

Ch. 3

to the practice of the Board. The substituted
language also will accommodate possible future
legislative changes in the number of members to be
appointed to the Board, without the necessity of
enacting a conforming change here. As to the current
"authorized membership" of the Board, see §
14-202(a)(l) of this subtitle.

Subsections (b) through (d) of this section are new
language derived without substantive change from
former Art. 75 1/2, § 5, the first through third
sentences of § 7, and the first clause of the second
sentence of § 18(d).

In subsection (b)(1) of this section, the reference to
the "places" that the Board determines is added for
clarity.

In subsection (c)(2) of this section, the former
reference to "all traveling, incidental and clerical"
expenses "necessarily incurred in carrying out ...
this article" is deleted as unnecessary in light of
the reference to the "Standard State Travel
Regulations". See SF § 10-203 and COMAR 23.02.01.01
through 12.

In subsection (d) of this section, the word "staff" is
substituted for the former reference to "counsel and
necessary assistance to aid in the enforcement of this
article", for brevity. The substituted language also
avoids the suggestion that the Board may employ a
lawyer other than the assistant attorney general
assigned by law. The former reference to "counsel"
was enacted originally when the Board was an
autonomous agency, not within the Department. Under
Art. 41, § 8-103(d), the Attorney General clearly
provides the legal services to the Board. Ironically,
if the former reference still were to be considered
effective, Art. 41, § 8-103(d) would relieve the
Attorney General from the duty of providing legal
services to the Board. The Business Occupations
Article Review Committee concluded that this result
clearly was not the intent of the General Assembly.

Also in subsection (d) of this section, the phrase "in
accordance with the State budget" is substituted for
the second clause of the second sentence of former
Art. 75 1/2, § 18(d), which provided for staff to "be
paid from funds of the Board". Under § 14-209(b) of
this subtitle, all money that the Board collects is
paid into the General Fund. All staff to the Board is
provided through the Department and compensated in
accordance with the State budget.

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