2013 Maryland Code
STATE FINANCE AND PROCUREMENT
§ 7-209 - Amendment of appropriation for program for Executive Branch

§7-209.

(a) The Governor may amend an appropriation for a program of the Office of the Governor.

(b) (1) Except as provided in § 7-212 of this subtitle, whenever an officer or unit of the Executive Branch of the State government wants the appropriation for a program of the officer or unit amended, the officer or unit shall submit a proposed amended appropriation for the program to the Secretary of Budget and Management.

(2) The Secretary of Budget and Management shall endorse on or attach to the proposed amended appropriation for the program a recommendation and send the amended appropriation for the program and recommendation to the Governor.

(3) At any time before the Governor approves or disapproves the proposed amended appropriation for a program, the officer or unit may withdraw the proposal.

(4) Whenever the Governor approves a proposed amended appropriation for a program, the Governor shall endorse it as “approved”.

(c) (1) An amendment of an appropriation for a program:

(i) except as provided in paragraph (2) of this subsection, may not increase the sum of the appropriations from the General Fund of the State for all the programs of the officer or unit; and

(ii) may permit 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.

(2) An amendment of an appropriation for a program of the Executive Branch may increase the sum of the appropriations from the General Fund of the State for all programs of the officer or unit if moneys from the Contingent Fund of the Board of Public Works are transferred to the program.

(d) (1) (i) Except as provided in paragraph (2) of this subsection, an amendment under this section may not increase a salary so that it exceeds the amount set by the most recently enacted State budget.

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

(2) (i) If the Board of Public Works approves the increase, the Governor may approve an amendment that increases the salary for a position listed in the budget bill in accordance with § 7-109 of this title.

(ii) An amendment under this paragraph remains effective until the State budget for the next fiscal year becomes effective.

(e) (1) Except as provided in paragraphs (2) and (3) of this subsection, an amendment under this section may not transfer any part of an appropriation among any of the principal departments or any of the units in the Executive Branch that are not assigned to a principal department.

(2) This subsection does not prevent a transfer that:

(i) is part of a reorganization under § 8-301 of the State Government Article;

(ii) is needed to comply with federal law or a policy directive of a federal unit that relates to the use of federal funds;

(iii) because of an emergency declared by the Governor, is needed to protect the health, welfare, or property of the public; or

(iv) is specifically authorized by the budget bill or other law.

(3) (i) Subject to the State budget bill, an amendment may transfer part of an appropriation of special or federal funds between any of the principal departments or any of the units in the Executive Branch that are not assigned to a principal department if:

1. funds are available to the department or unit from which the funds are to be transferred through a federal grant or contract or other restricted grant or contract;

2. the use of funds by the department or unit to which the funds are to be transferred is directly related to the purposes of the grant or contract and the statutory duties of that department or unit; and

3. the transferring department or unit and the receiving department or unit submit a schedule of funds to be transferred to the Department of Budget and Management.

(ii) Funds transferred under this paragraph may not be expended by the recipient department or unit until each proposed budget amendment has been approved by:

1. the Secretary of Budget and Management;

2. the Governor; and

3. the Board of Public Works.

(iii) A copy of each approved budget amendment under this paragraph shall be provided to the Department of Legislative Services.

(f) The Governor shall send a copy of each amended appropriation for a program to:

(1) the Comptroller; and

(2) the Department of Legislative Services.

(g) An amended appropriation for a program is effective when the Governor sends notice of the amended appropriation to the Comptroller.