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Martin O'Malley, Governor
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Ch. 487
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and procedures to minimize reliance on budget amendments for appropriations that
could be included in a deficiency appropriation.
SECTION 37. AND BE IT FURTHER ENACTED, That no funds in this budget
may be expended to pay the salary of a Secretary or Acting Secretary of any
department whose nomination as Secretary has been rejected by the Senate or an
Acting Secretary who was serving in that capacity prior to the 2007 session whose
nomination for the Secretary position was not put forward and approved by the
Senate during the 2007 session.
SECTION 38. 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, mav authorize during the fiscal
year no more than 50 positions in excess of the total number of authorized State
positions on July 1, 2007, as determined bv the Secretary of Budget and Management-
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. It is further provided that the limit of 50 also does not apply to up to 100
new full-time equivalent regular positions necessary to staff Victor Cullen Academy as
a State-owned facility in fiscal 2008. Notwithstanding anything contained in this
section, the Board of Public Works mav authorize additional positions to meet public
emergencies resulting from an act of God and violent acts of men, which are necessary
to protect the health and safety of the people of Maryland.
The Board of Public Works may authorize the creation of additional positions
within the Executive Branch provided that 1.25 full-time equivalent contractual
positions are abolished for each regular position authorized and that there be no
increase in agency funds in the current budget and the next two subsequent budgets
as the result of this action. It is the intent of the General Assembly that priority is
given to converting individuals that have been in a contractual position for at least
two years. Any position created by this method shall not be counted within the
limitation of 50 under this section.
In addition to any positions created within the limitation of 50 under this
section, the Board of Public Works may authorize the creation of no more than 150
positions within the Department of Human Resources to provide services purchased
bv Local Management Boards through contracts with local departments of social
services. If a Local Management Board terminates a contract with a local department
of social services during the fiscal year, all the positions created by the Board of Public
Works to provide services under the terms of that contract shall be abolished.
In addition to any positions created within the limitation of 50 under this
section, the Board of Public Works may authorize the creation of positions within the
Department of Human Resources to provide services funded by grants from sources
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- 3059 -
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