HARRY HUGHES, Governor

1515

(B) RESTRICTED.

A UNIT MAY NOT ADOPT A RULE OR REGULATION OR TAKE ANY OTHER
ADMINISTRATIVE ACTION THAT WOULD RESULT IN EXPENDITURES IN EXCESS
OF THE LIMITATIONS IN THE STATE BUDGET UNLESS:

(1) THE GENERAL ASSEMBLY EXPRESSLY APPROVES
ADMINISTRATIVE ACTION;

THE

PRESIDENT
DELEGATES:

(2) IF
OF THE

THE GENERAL ASSEMBLY IS NOT IN SESSION, THE
SENATE AND THE SPEAKER OF THE HOUSE OF

COMMITTEE; AND

(I) CONSULT WITH THE JOINT BUDGET AND AUDIT

(II) AFTER RECEIVING THE WRITTEN ADVICE OF THE
JOINT BUDGET AND AUDIT COMMITTEE, JOINTLY GIVE WRITTEN APPROVAL
FOR THE ADMINISTRATIVE ACTION; OR

(3) THE GOVERNOR DECLARES, BY PROCLAMATION, THAT THE
ADMINISTRATIVE ACTION IS NECESSARY AND A MATTER OF EMERGENCY.

REVISOR'S NOTE: Ch. ____, Acts of 1984, which enacted the

State Government Article, also enacted this section,
which is derived without substantive change from
former Art. 41, § 245(c).

In subsection (a)(1) of this section, the defined term
"count[ies]" is used instead of the former phrase
"political subdivisions", since the former phrase
could encompass a unit operating within 1 county if
the unit operated in more than 1 subdivision in the
county. This reading seemed unintended.

In subsection (b) of this section, the word
"regulation" is added for clarity. See revisor's note
to SG § 10-101(e).

Subsection (a)(1) of this section is new language
added to incorporate the definition of "agency" in
former Art. 41, § 244, since former Art. 41, § 245(c)
previously appeared as a provision of the Maryland
Administrative Procedure Act and, thus, the definition
of "agency" for purposes of that Act applied. This
revision reflects that, because of the recodification
of former Art. 41, § 245(c) in this section, the
definition of "agency" no longer applies. In any
event, the former reference to "every agency in the
executive, judicial, and legislative branches of
government ... notwithstanding any exemptions ... in §
244(a)" limited the applicability of the definition of
"agency". In light of the revision, those former
references are deleted.