932

LAWS OF MARYLAND

Ch. 11

Also in subsection (a)(1) of this section, the defined
term "proposed budget" is substituted for the former
reference to a "budget and report". Although the
former reference to use of the "budget and report" in
preparation of "budget bills" suggested that the word
"report" referred to a separate document, the second
sentence of former Art. 15A, § 21(a) required the
report to be "as prescribed by Article 3, § 52 of the
Constitution" and, thus, negated this suggestion.

For conformity and brevity, in subsections (a)(2) and
(b) of this section, the references to the "draft" are
substituted for the former references to the "budget"
and "such tentative budget and report".

In subsection (b) of this section, the clause "that
will not be included in the consolidated loan budget"
is added to clarify the scope of this subsection. See
Title 8, Subtitle 1, Part II of this article.

In subsection (c)(1) of this section, the reference to
a "unit of the Executive Branch of the State
government or a private entity" is added to clarify
that the authority of the Secretary does not extend to
the Legislative Branch or the Judicial Branch. See
Md. Constitution, Art. III, § 52(11), which provides
for the Governor to direct the time at and form in
which the appropriation requests for the Legislative
and Judicial Branches are submitted. See also 61 Op.
Att'y Gen. 241 (1976), which discusses the effect of
the separation of powers doctrine on the seemingly
broad authority of the Secretary under former Art.
15A, § 23B — now Title 2, Subtitle 4 of this article.

Defined terms: "Includes";"including" § 1-101
"Proposed budget" § 7-101 "Secretary" § 7-101

7-105. FORM OF PROPOSED BUDGET.

EACH PROPOSED BUDGET SHALL BE CLASSIFIED AS AND IN THE FORM
AND WITH THE DETAIL THAT THE GOVERNOR OR LAW REQUIRES.

REVISOR'S NOTE: This section is new language substituted
for the second sentence of former Art. 15A, § 21(a),
which applied only to the "report" -- i.e., the
supporting information -- and which referred to "such
form and detail as prescribed by Article 3, § 52 of
the Constitution." The substituted language
encompasses the "budget bill". The substituted
language also avoids the circuity of the former
sentence, since the referenced Md. Constitution, Art.
III, § 52 requires the Budget to be "classified and in
such form and detail as [the Governor] shall determine
or as may be prescribed by law".