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Session Laws, 1999
Volume 796, Page 709   View pdf image
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the Code. The word "shall" is used in revised articles to indicate a duty or
responsibility.

The Correctional Services Article Review Committee notes, for
consideration by the General Assembly, that the introductory language in
former Art. 41, § 4-301(e) refers to "powers, authority, responsibilities, and
duties" of the Commission. This language gives rise to the issue of whether
former Art. 41, § 4-301 (e)(7) and (8) establish powers (i.e., authority) or
duties (i.e., responsibilities). This section has been drafted to create
mandatory duties because the word "shall" (which indicates a duty) was
used several times in former Art. 41, § 4-301(e)(7) and (8). If the General
Assembly wishes to make these powers discretionary, the word "may"
should be substituted for the word "shall".

In subsection (c) of this section, the word "individuals" is substituted for
the former reference to "persons" because only individuals can be employed
by the Commission. See § 1-101 of this article for the definition of
"person".

In subsection (d) of this section, the reference to receiving compensation "in
accordance with the State budget", in connection with the Executive
Director, the Deputy Director, and other employees who perform
administrative and training management functions, is added to state
expressly that which was only implied in the former law.

Defined terms: "Commission" § 8-201
"Secretary" § 1-101

8-207. MEETINGS; QUORUM; COMPENSATION; RECORDS.

(A) MEETINGS.

THE COMMISSION SHALL MEET IN THE STATE AT THE TIMES DETERMINED BY:

(1) A MAJORITY OF ITS MEMBERS;

(2) THE CHAIRPERSON OF THE COMMISSION; OR

(3) THE SECRETARY.

(B) QUORUM.

A MAJORITY OF THE COMMISSION IS A QUORUM.

(C) COMPENSATION.

A MEMBER OF THE COMMISSION:

(1) MAY NOT RECEIVE COMPENSATION FOR SERVICE ON THE
COMMISSION; BUT

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

 

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Session Laws, 1999
Volume 796, Page 709   View pdf image
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