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Ch. 671
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2000 LAWS OF MARYLAND
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(2) (I) IF A POSITION IN A DEMONSTRATION SITE IS HELD BY A
SKILLED SERVICE OR PROFESSIONAL SERVICE EMPLOYEE PRIOR TO ITS
DESIGNATION AS A DEMONSTRATION SITE, THE POSITION SHALL REMAIN A SKILLED
SERVICE OR PROFESSIONAL SERVICE POSITION OR ITS EQUIVALENT IN THE STATE
PERSONNEL MANAGEMENT SYSTEM UNTIL THE POSITION BECOMES VACANT.
(II) AFTER A SKILLED SERVICE OR PROFESSIONAL SERVICE
POSITION IN A DEMONSTRATION SITE BECOMES VACANT, THE POSITION SHALL
BECOME A MANAGEMENT SERVICE OR SPECIAL APPOINTMENTS POSITION.
(F) (G) (F) THE SECRETARY SHALL ESTABLISH A PERFORMANCE
INCENTIVE PROGRAM TO PROVIDE PAY INCENTIVES FOR EMPLOYEES IN A
DEMONSTRATION SITE.
(G) (H) (G) THE SECRETARY'S POWERS UNDER THIS SECTION SHALL BE
GIVEN A LIBERAL CONSTRUCTION.
65A.
(A) IN THIS SECTION, " CUSTODIAL PARENT" MEANS A RESIDENT APPLYING
FOR OR RECEIVING TEMPORARY CASH ASSISTANCE AND FOOD STAMPS WHO HAS
PHYSICAL CUSTODY OF A CHILD OR CHILDREN
(B) SUBJECT TO SUBSECTION (B) OF THIS SECTION § 50A OF THIS ARTICLE
AND AS PERMITTED UNDER 21 U.S.C. § 862A(D)(1), THE STATE HEREBY REMOVES
ITSELF FROM THE APPLICATION OF § 115 OF THE FEDERAL PERSONAL
RESPONSIBILITY AND WORK OPPORTUNITY ACT OF 1996, PUBLIC LAW 104-193, IN
ORDER TO ALLOW THE DEPARTMENT TO PROVIDE CASH ASSISTANCE AND FOOD
STAMPS TO A RESIDENT CUSTODIAL PARENT WHO HAS PREVIOUSLY BEEN
CONVICTED OF A FELONY INVOLVING THE POSSESSION, USE, OR DISTRIBUTION OF A
CONTROLLED DANGEROUS SUBSTANCE.
(B) THIS SECTION DOES NOT APPLY TO THE EXTENT THAT IT IS
INCONSISTENT WITH § 50A OF THIS ARTICLE OR ANY OTHER RELEVANT PROVISION
OF THIS ARTICLE RELATING TO SUBSTANCE ABUSE BY PUBLIC ASSISTANCE
RECIPIENTS AND APPLICANTS AND THEIR ELIGIBILITY FOR BENEFITS.SECTIONS (A) AND (B) SUBSECTION (B) OF
THIS SECTION. IF A RESIDENT CUSTODIAL PARENT APPLIES FOR PUBLIC
ASSISTANCE RECIPIENT OR APPLICANT AND HAS BEEN CONVICTED OF A FELONY
INVOLVING THE POSSESSION, USE, OR DISTRIBUTION OF A CONTROLLED
DANGEROUS SUBSTANCE SINCE AUGUST 22, 1996, THE RECIPIENT OR APPLICANT
CUSTODIAL PARENT SHALL BE SUBJECT TO TESTING FOR SUBSTANCE ABUSE, AS
PROVIDED BY THE DEPARTMENT, AND TO TREATMENT, AS REQUIRED UNDER § 50A
OF THIS ARTICLE, IN ADDITION TO THE PROVISIONS OF § 50A OF THIS ARTICLE FOR A
PERIOD OF 2 YEARS AFTER STARTING FROM THE DATE OF APPLICATION TO THE
EXTENT PERMISSIBLE BY FEDERAL LAW.
(I) FOR AN APPLICANT OR RECIPIENT WHO WAS CONVICTED
BEFORE APPLICATION FOR ASSISTANCE. THE DATE THAT THE APPLICANT OR
RECIPIENT APPLIES FOR ASSISTANCE; OR
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- 3456 -
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