Ch. 347                                    1996 LAWS OF MARYLAND

(b) A contractual employee who transfers to a budgeted position under this
subtitle shall become a member of the Employees' Pension System of the State of
Maryland.

[12-305.] 13-305.

This subtitle does not preclude the General Assembly from prohibiting the creation
of a budgeted position or the replacement of a contractual position with a budgeted
position in the State budget.

Subtitle 4. Service Contracts.
[12-401.] 13-401.

(a)     In this subtitle the following words have the meanings indicated.

(b)     "Departments" means the Department of Budget and Fiscal Planning and the
Department of Personnel.

(c)     "Service contract" means a procurement contract for services that:

(1)     will be provided to a unit in the executive branch of State government;

(2)     will be performed within a State-operated facility; and

(3)     in the estimation of the procurement officer, will exceed an annual cost
of $100,000.

(d)     "Services" has the meaning stated in § 11-101 of the State Finance and
Procurement Article.

[(e) "Unit" has the meaning stated in § 11-101 of the State Finance and
Procurement Article.]

[12-402.] 13-402.

The policy of this State is to use State employees to perform all State functions in
State-operated facilities in preference to contracting with the private sector to perform
those functions.

[12-403.] 13-403.

(a)     A service contract may be entered into only as approved by the Board of
Public Works in accordance with this subtitle.

(b)     Except as provided in subsection (c) of this section, the Board of Public Works
may approve a service contract for a unit only if the Board receives a certification from
each of the departments that:

(1)     the service contract is exempt under [§ 12-404(b)] § 13-404(B) of this
subtitle; or

(2)     the unit has complied with the requirements of [§ 12-404(c)] §
13-404(C) of this subtitle.

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