2013 Maryland Code
STATE FINANCE AND PROCUREMENT
§ 7-208 - Amendment of appropriation for program for Legislative Branch

§7-208.

(a) While the General Assembly is in session the General Assembly may amend the appropriation for a program of the Legislative Branch of the State government by amendment to the budget bill.

(b) While the General Assembly is not in session, the President of the Senate and the Speaker of the House of Delegates jointly may authorize an amendment of an appropriation for a program of the Legislative Branch of the State government.

(c) An amendment of an appropriation for a program of the Legislative Branch of the State government:

(1) may not increase the sum of the appropriations from the General Fund of the State for all the programs of the Legislative Branch; and

(2) may authorize the expenditure of money from a special fund or the federal government as provided in § 2-201 of this article or § 7-217(a) of this subtitle.

(d) (1) (i) Except as provided in this subsection, an amendment under this section may not increase a salary for a nonclassified position so that the salary exceeds the amount set by the most recently enacted State budget.

(ii) The limitation applies whether or not the most recently enacted budget is in effect.

(iii) This subsection does not apply to salaries of positions that are included in an executive pay plan for the Legislative Branch.

(2) While the General Assembly is not in session, the President of the Senate and the Speaker of the House of Delegates jointly may approve an amendment that increases a salary so that it exceeds the limitation in this subsection if:

(i) the President and the Speaker find that the salary increase is needed because an inability to obtain or to keep an essential career employee who is performing an administrative function or an essential professional or technical employee has created an acute emergency; and

(ii) their findings are documented.

(e) A copy of each amended appropriation for a program shall be provided promptly to:

(1) the Comptroller; and

(2) the Secretary of Budget and Management.

§ 7-208 - 1. Amendment of appropriation for program of Judicial Branch

(a) Authorization by Chief Judge of Court of Appeals. -- The Chief Judge of the Court of Appeals may authorize an amendment of an appropriation for a program of the Judicial Branch.

(b) General limitation. -- An amendment of an appropriation for a program of the Judicial Branch:

(1) may not increase the sum of the appropriations from the General Fund of the State for all the programs of the Judicial Branch; and

(2) may authorize the expenditure of money from a special fund or the federal government as provided in § 2-201 of this article and § 7-217(a) of this subtitle.

(c) Increasing salary for nonclassified positions. --

(1) Except as provided in paragraph (2) of this subsection, an amendment under this section may not increase a salary for a nonclassified position so that the salary exceeds the amount set forth by the most recently enacted State budget bill. The limitation in this paragraph applies whether or not the most recently enacted budget is in effect.

(2) The Chief Judge of the Court of Appeals may approve an amendment that increases a salary so that it exceeds the limitation of this subsection if the Chief Judge finds that the salary increase is needed because an inability to obtain or to keep an essential career employee who is performing an administrative function or an essential professional or technical employee has created an acute emergency, and the finding is documented. This paragraph does not apply to salaries of positions that are included in an executive pay plan for the Judicial Branch. Adjustments to those salaries beyond the amount included in the most recently enacted State budget shall be submitted to the Legislative Policy Committee for approval.

(d) Copies of amended appropriations for programs. -- A copy of each amended appropriation for a program shall be provided promptly to:

(1) the Comptroller; and

(2) the Secretary of Budget and Management.