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<section article="gsf" article_name="State Finance and Procurement" number="7-330" title_number="7" title_name="Appropriations" subtitle_number="3" subtitle_name="Unspent Balances">
  <level label="a">
    <level label="1">
      <text>In this section the following words have the meanings indicated.</text>
    </level>
    <level label="2">
      <text>“Fund” means the Fiscal Responsibility Fund.</text>
    </level>
    <level label="3">
      <level label="i">
        <text>“Nonwithholding income tax revenues” means the State share of income tax quarterly estimated and final payments with returns made by individuals, as defined in § 10–101 of the Tax – General Article.</text>
      </level>
      <level label="ii">
        <text>“Nonwithholding income tax revenues” does not include:</text>
        <level label="1">
          <text>the county share of income tax quarterly estimated and final payments with returns made by individuals;</text>
        </level>
        <level label="2">
          <text>income tax payments made by corporations;</text>
        </level>
        <level label="3">
          <text>income tax refunds paid to individuals or corporations; or</text>
        </level>
        <level label="4">
          <text>income tax withholding.</text>
        </level>
      </level>
    </level>
  </level>
  <level label="b">
    <text>There is a Fiscal Responsibility Fund.</text>
  </level>
  <level label="c">
    <text>The purpose of the Fund is to retain the amount of nonwithholding income tax revenues deposited to the Fund in accordance with § 7–329(d)(2) of this subtitle until the revenues are appropriated in the State budget.</text>
  </level>
  <level label="d">
    <text>The State Comptroller shall administer the Fund.</text>
  </level>
  <level label="e">
    <level label="1">
      <text>The Fund is a special, nonlapsing fund that is not subject to § 7–302 of this subtitle.</text>
    </level>
    <level label="2">
      <text>The State Treasurer shall hold the Fund separately, and the State Comptroller shall account for the Fund.</text>
    </level>
  </level>
  <level label="f">
    <text>The Fund consists of nonwithholding income tax revenues that exceed the capped estimate determined under § 6–104(e) of this article deposited into the Fund by the State Comptroller under § 7–329(d)(2) of this subtitle.</text>
  </level>
  <level label="g">
    <level label="1">
      <text>Except as provided in paragraphs (2) and (3) of this subsection, the Fund may be used only to provide pay–as–you–go capital funds for:</text>
      <level label="i">
        <text>public school construction and public school capital improvement projects, in accordance with Title 5, Subtitle 3 of the Education Article;</text>
      </level>
      <level label="ii">
        <text>capital projects at public community colleges; and</text>
      </level>
      <level label="iii">
        <text>capital projects at four–year public institutions of higher education.</text>
      </level>
    </level>
    <level label="2">
      <text>For fiscal year 2023 only, money in the Fund shall be used to provide, beginning July 1, 2022, a cost–of–living adjustment of up to 4.5% for permanent employees in the Executive Branch of State government who are in a bargaining unit that is represented by the American Federation of State, County and Municipal Employees, AFL–CIO, excluding a bargaining unit represented by the American Federation of State, County and Municipal Employees, AFL–CIO Local 1859.</text>
    </level>
    <level label="3">
      <text>For fiscal year 2026 only, money in the Fund may be used for major information technology development projects, as defined in § 3.5–301(k) of this article, that are funded by the Information Technology Investment Fund established under § 3.5–309 of this article.</text>
    </level>
  </level>
  <level label="h">
    <level label="1">
      <text>The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.</text>
    </level>
    <level label="2">
      <text>Any interest earnings of the Fund shall be credited to the General Fund of the State.</text>
    </level>
  </level>
  <level label="i">
    <text>Expenditures from the Fund may be made only in accordance with the State budget.</text>
  </level>
  <level label="j">
    <level label="1">
      <text>Except as provided in paragraph (3) of this subsection, the Governor shall include in the budget bill for the second following fiscal year an appropriation equal to the amount in the Fund for pay–as–you–go capital projects.</text>
    </level>
    <level label="2">
      <text>Money expended from the Fund for pay–as–you–go capital projects is supplemental to and is not intended to take the place of funding that otherwise would be appropriated for capital projects, including those funded with pay–as–you–go funds and the proceeds from the sale of general obligation bonds.</text>
    </level>
    <level label="3">
      <text>The Governor shall include in the budget bill submitted at the 2022 Session of the General Assembly an appropriation equal to the amount distributed to the Fund in accordance with § 7–329(b–1) of this subtitle to provide, beginning July 1, 2022, a cost–of–living adjustment of up to 4.5% for permanent employees in the Executive Branch of State government who are in a bargaining unit that is represented by the American Federation of State, County and Municipal Employees, AFL–CIO, excluding a bargaining unit represented by the American Federation of State, County and Municipal Employees, AFL–CIO Local 1859.</text>
    </level>
  </level>
  <level label="k">
    <text>Except for the fiscal year 2026 appropriation described in subsection (g)(3) of this section, at the end of a fiscal year, the unspent balance of each appropriation that was made for that fiscal year from the Fund reverts to the Fund.</text>
  </level>
</section>
