PARRIS N. GLENDENING, Governor

Ch. 13

SECTION 15. AND BE IT FURTHER ENACTED, That all funds appropriated
to the various State departments and agencies to conduct administrative hearings by the
Office of Administrative Hearings are to be transferred to the Office of Administrative
Hearings (23.01.11.01) on July 1, 1996 and may not be expended for any other purpose.

SECTION 16. AND BE IT FURTHER ENACTED, That in order to reduce State
positions, the following State departments and agencies shall surrender to the Secretary
of Budget and Fiscal Planning the following number of positions from the appropriated
number of Fiscal Year 1997 positions on or before May 1, 1997.

Department of Transportation                                                                  95

Department of Health and Mental Hygiene                                            133

Department of Human Resources                                                           179

Total                                                                                                      407

SECTION 17. AND BE IT FURTHER ENACTED. That whenever the Joint
Budget and Audit Committee, through its review and evaluation process of audit reports
issued by the Legislative Auditor, and after consultation with the Legislative Auditor.
determines, based upon exceptions contained in the audit reports, that a particular
agency (to include department, administration, division, bureau, board, or commission)
does not adequately comply with State laws, rules and regulations regarding the agency's
fiscal and accounting record and procedures and/or fiscal administration activities, that
the committee may recommend to the Governor that the Comptroller withhold up to 25%
of the salary of the secretary of the department and/or of the State official deemed
responsible. The amount to be withheld, the duration of such withholding, and the date of
release of amount withheld shall be recommended by the committee after consultation
with the Legislative Auditor, including any recommendations that the Legislative Auditor
deems appropriate. The Governor shall advise the committee as to the decision regarding
the committee's recommendations. If the Governor directs that the salary of the head of
the agency and/or salary of the secretary of the department and/or salary of the State
official deemed responsible be withheld, the Governor may recommend the date on which
the salary shall be restored to the full amount as provided in the budget and the amount
to be withheld to be paid. The committee shall consider the recommendations of the
Governor and advise the Governor as to its decision whether or not to allow salary to be
restored to the full amount as provided in the budget and the amount withheld to be paid.

SECTION 18. AND BE IT FURTHER ENACTED. That the Board of Public
Works, in exercising its authority to create additional positions pursuant to Section 7-236
of the State Finance and Procurement Article, may authorize during the fiscal year no
more than 50 positions in excess of the total number of authorized State positions on July
1, 1996, as determined by the Secretary of Budget and Fiscal Planning. Provided.
however, that if the imposition of this ceiling causes undue hardship in any department,
agency, board, or commission, additional positions may be created for that affected unit
to the extent that positions authorized by the General Assembly for the fiscal year are
abolished in that unit or in other units of State government. It is further provided that the
limit of 50 does not apply to any position that may be created in conformance with
specific manpower statutes that may be enacted by the State or federal government nor to
any positions created to implement block grant actions or to implement a program
reflecting fundamental changes in federal/State relationships. Notwithstanding anything
contained in this section, the Board of Public Works may authorize additional temporary

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