Title 7. Appropriations — Subtitle 2. Disbursements and Expenditures

the State budget; or

a supplementary appropriation act.

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

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.

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:

the Comptroller; and

the Secretary of Budget and Management.

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

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.

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.

The Chief Justice of the Supreme Court of Maryland may approve an amendment that increases a salary so that it exceeds the limitation of this subsection if the Chief Justice 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.

the Comptroller; and

the Secretary of Budget and Management.

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.

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.

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

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

An amendment of an appropriation for a program:

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 money from the Contingent Fund of the Board of Public Works is transferred to the program.

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.

This subsection does not prevent a transfer that:

the Comptroller; and

the Department of Legislative Services.

A budget amendment may not change any language or substantive provision in the State budget.

The limitation in this subsection does not apply to the monetary figures of an appropriation.

A report under this section shall describe each proposed amended appropriation for a program that the Department has submitted or expects to submit during the current fiscal year under § 7-209 of this subtitle.

The description shall include:

the Board of Regents of Morgan State University;

the Board of Regents of the University System of Maryland; and

the Board of Trustees of St. Mary’s College of Maryland.

Subject to paragraph (2) of this subsection and except as provided in subsection (b) of this section, with the approval of the Board of Public Works, the Governor may reduce, by not more than 25% of the legislative appropriation as approved by the General Assembly for any eight–digit program in the State operating budget in any fiscal year, any appropriation:

At least 7 calendar days before the Board of Public Works may approve a proposed reduction of an appropriation under this subsection, the Secretary of Budget and Management shall:

The Governor may not reduce an appropriation to the Legislative Branch or the Judicial Branch of the State government.

The Governor may not reduce an appropriation for:

Except as provided in § 8–109 of the State Personnel and Pensions Article, the Governor may not reduce an appropriation for the salary of any nontemporary employee in the State Personnel Management System.

Except as provided in subsection (c) of this section, whenever an officer or a unit of the State government spends any part of an appropriation, the officer or unit promptly shall send the bill to the Comptroller for payment.

Subject to the limitations in this subtitle, the Comptroller, the Chief Deputy Comptroller, or a deputy comptroller may issue a warrant for payment of the bill.

The Comptroller shall exempt an officer or unit of the State government from the requirements of subsection (b) of this section if the Comptroller determines that the exemption would be in the public interest.

Subject to the limitations in this subtitle, the Comptroller, the Chief Deputy Comptroller, or a deputy comptroller may issue warrants from time to time to provide the officer or unit with the working cash that the Comptroller finds necessary.

The Comptroller shall keep a record that shows each exemption, each amount advanced to an officer or unit, and the reasons for each exemption.

The record shall be kept in the Office of the Comptroller and shall be open to public inspection.

An officer or unit shall send to the Comptroller the voucher or a copy of the voucher for each expenditure made from an advance under this subsection.

for the specific purpose to which the money is dedicated by State law or act of Congress; or

if the money is not dedicated to a specific purpose, with the approval of the Governor and as authorized in an approved budget amendment, for necessary current operations.

the amount of the warrant;

the date of issue;

a reference to the document that identifies:

the certification of the Comptroller, the Chief Deputy Comptroller, or a deputy comptroller that:

the amount of the warrant;

the date of issue;

the identity of the officer or unit; and

the certification of the Comptroller, the Chief Deputy Comptroller, or a deputy comptroller that the amount of the warrant is correct.

the president and the treasurer of the institution or corporation; or

if there is no president or treasurer, another officer or individual who has charge of and disburses the money of the institution or corporation.

The Comptroller may not allow a warrant to be issued until a record is made in the books of the Office of the Comptroller.

The record shall:

shall keep the check for a period of not more than 30 days;

during that period, shall try diligently to find the correct address of the payee and to deliver the check; and

if unable to deliver the check during that period, shall send the check to the Treasurer.

cancel the check; and

request the Comptroller to credit the amount of the canceled check to the Fund.

on a warrant charged against the Fund, disburse to the original source any money in the Fund required to be returned to the source; or

request the Comptroller to transfer any money in the Fund to another fund or account.

shall identify the checks that have been credited to the Fund and remain unclaimed for 2 years;

determine a reasonable balance to retain in the Fund that will be needed to honor each replacement check that may be issued on a warrant charged against the Fund; and

request the Comptroller to transfer the balance in the Fund, after subtraction of the amount determined as provided in item (2) of this subsection, to the General Fund of the State.

identify each check that:

request the Comptroller to credit the aggregate amount of the checks to the Fund.

determine a reasonable minimum balance to retain in the Fund that will be needed to honor each check that is presented after its amount has been credited to the Fund; and

request the Comptroller to transfer the balance in the Fund to the General Fund of the State.

void an unpresented check; and

request the Comptroller to transfer the amount of the voided check to:

in excess of the total appropriation to the officer or unit; or

in excess of the amounts set forth in the current schedule for apportionment and disbursement of the appropriation.

The State may not reimburse any expenditure to the extent that the expenditure violates subsection (a) of this section.

The State is not obligated to appropriate money to pay an expenditure that violates subsection (a) of this section.

Except as provided in paragraph (2) of this subsection, this section applies to:

This section does not apply to a bicounty commission that county governing bodies appoint if those bodies also review the budget of the commission.

the General Assembly expressly approves the administrative action;

if the General Assembly is not in session, the President of the Senate and the Speaker of the House of Delegates:

the Governor declares, by proclamation, that the administrative action is necessary and a matter of emergency.

the Board of Public Works gives its approval; and

money for the position is available:

states the total number of additional staff positions for which the Board of Public Works has given approval since the last regular session; and

for each position, states:

construction, improvement, or maintenance of a building or work; or

management of or provision for a State institution.

make or participate in making for any purpose a contract that purports to bind the State to pay any amount unless money has been appropriated for that purpose and remains unspent;

create a deficiency; or

incur a liability or spend money in excess of the applicable appropriation.

The State is not liable on any contract made in violation of subsection (b) of this section.

An officer or agent who willfully or knowingly violates subsection (b)(1) of this section is personally liable on the contract.

the officer or agent is personally liable to the State for the amount of the deficiency or excess; and

the officer or agent is subject:

In this section the following words have the meanings indicated.

“Capital project” means a project for which funds are spent for:

“Major capital project” has the meaning stated in § 2-103.1 of the Transportation Article.

“Modal administration” has the meaning stated in § 1-101 of the Transportation Article.