Maryland Maryland-National Capital Park and Planning Commission Section 2-118
§ 2-118.
(a) None of the provisions of any public general law governing the preparation and filing of budgets by agencies of the State of Maryland are applicable to the budgetary procedure of the Commission. Except as hereinafter provided, the budget programs and procedures heretofore followed by the Commission are ratified and confirmed and approved for use by the Commission hereafter, together with such improvements therein as, in the discretion of the Commission, be deemed necessary or appropriate in the public interest.
(1) For each fiscal year, beginning on July 1 and ending on June 30 of the subsequent year, the Commission shall prepare an annual capital and operating budget which shall contain, separately for each county where items are so allocable for which a tax is levied, the proposed expenditures and estimates of revenue anticipated. The proposed budget shall be established as hereinafter set forth. The Commission's budget shall include for each county within the regional district a complete planning work program including a schedule for the production of all plans and amendments, hereinafter called the planning schedule of the Commission. The budget shall contain items allocable to both counties including provisions for the operation of the departments of the Commission established pursuant to law and the regional planning program. The budget shall also contain a schedule of recreation activities and programs for Prince George's County in accordance with § 5-207 of this article.
(2) The Commission shall submit the proposed budget on or before January 15 of each year to the county executives of Montgomery and Prince George's Counties.
(3) In Montgomery County the County Executive shall transmit the proposed budget to the County Council, together with his recommendations, on or before March 1 of each year. In Prince George's County, the County Executive shall transmit the proposed budget to the County Council, together with his recommendations, on or before April 1 of each year.
(4) Each county council shall, upon public notice, hold a public hearing on the proposed budget of the Commission commencing not earlier than 21 days following receipt thereof from the county executive. Thereafter, on or before June 1 of each year in Montgomery County and Prince George's County, each county council shall approve that portion of the budget allocated to its county, which may be altered as hereinafter provided, and establish tax levies in such amounts as each county council shall determine to be necessary to finance that portion of the budget allocated to its county, subject to the requirements and limitations of §§ 6-106, 6-108, 6-110, 7-106, and 7-108 of this article. Each county council may add to, delete from, increase or decrease any part of the portion of the budget allocated solely to its county. Budget items allocable to both counties shall be concurred in by both county councils. With respect to such budget items, the county councils are authorized to concur in additions to, deletions from, increases to, or decreases from, such items. Failure of the councils to concur in any such item by June 15 shall constitute approval of the item as submitted by the Commission.
(5) Each county council, upon approval of the budget, shall deliver it within three calendar days to the respective county executive who, within ten days thereafter, may disapprove or reduce any item contained in it. If the county executive disapproves, reduces or modifies any item in the budget, the county executive shall return it to the respective county council with the reasons for the county executive's disapproval or reduction stated in writing. Budget item refers to items within the funds described herein or the planning work program. Each county council may, by affirmative vote of 6 of its members, reapprove or restore any item over the disapproval of the respective county executive within 30 calendar days.
(6) Following the adoption of the budgets by the respective county councils, the budgets may be amended by resolution by the respective county councils on their initiative or at the request of the Commission after receipt of recommendations from the respective county executives, and after public hearing upon reasonable notice to the public. With respect to budget items applicable to both counties, an amendment is not effective unless it has received the concurrence of both county councils.
(7) An expenditure of funds may not be made or authorized by the Commission in excess of the available approved budget amounts plus 10 percent thereof for each park and recreation project and for each administrative or operating department or function of the Commission, as set forth in each county's legislation approving the budget, and for each planning project contained in the planning work program for each county, unless approved by either or both county councils, as the case may require, after receipt of recommendations from either or both county executives. The Commission may not exceed the total approved budget for each of its funds, except for enterprise funds without the prior approval by either or both county councils, as applicable.
(b) (1) (i) The Commission shall prepare and submit a six-year capital improvements program:
1. Before November 1 of each calendar year to the county governing body of Prince George's County; and
2. Before November 1 of each odd-numbered calendar year to the County Executive and County Council of Montgomery County.
(ii) The capital improvements program shall include a statement of the objectives of the capital programs and relationship of these programs to the county's adopted long range development plans; shall recommend capital projects and a construction schedule; and shall provide an estimate of cost and a statement of all funding sources. The capital improvements program shall include all programmed parkland acquisition, all major parkland improvement, development and major acquisition of equipment.
(iii) In Montgomery County, the County Executive shall submit recommendations with respect to the Commission's proposed program (including any suggested amendments, revisions or modifications) to the County Council as an integral part of the comprehensive six-year capital improvements program required by the charter for Montgomery County in each even-numbered calendar year.
(2) (i) Each county governing body shall, on or before adoption of its annual budget and appropriations resolution each year in Prince George's County and each even-numbered calendar year in Montgomery County, adopt the six-year capital improvements program. Such adoption shall occur only after public hearings thereon which may be conducted in conjunction with public hearings on their own and other agencies' six-year programs or capital budgets.
(ii) In its adoption, the county governing body may make such amendments, revisions or modifications as it may determine. Any such amendment, revision or modification shall not become final until submission to the Commission for written comment on at least 30 days' notice.
(iii) In Montgomery County, the County Council may amend an approved six-year capital improvements program at any time by an affirmative vote of six members.
(3) The capital budget of the Commission for the succeeding fiscal year shall include such projects so as to be in full conformity with that part of the capital program most recently adopted. No such capital project may be undertaken, in whole or in part, which is not in conformity with that part of the program applicable to that year unless the same shall be amended by the county governing body on its own initiative or at the request of the Commission and after public hearing upon reasonable notice to the public.
