958

LAWS OF MARYLAND

Ch. 11

Also, the new language in subsection (d)(2)(i) and
(ii) of this section reflects that former Art. 15A, §
8(f) permitted a budget amendment "to effectuate
salary changes" authorized by the Board under Art.
64A, § 27 of the Code, and, since the referenced § 27
provides that the change "shall have the force of
law", subsection (d)(2)(ii) of this section imposes on
the Governor a duty to approve the budget amendment.
However, the second sentence of former Art. 15A, §
20(d) stated that the salary set in the State budget
for a nonclassified position may not be exceeded
"except in strict documented compliance with the acute
emergency provisions of § 8 ... and with the express
approval of the Governor". Since former Art. 15A, §
8(f) seemed to contemplate a budget amendment -- in
addition to the amendment to the pay plan -- and
former § 20(d) required "express approval of the
Governor", subsection (d)(2)(i) of this section
permits, rather than requires, the Governor to approve
a budget amendment for a nonclassified position.

The Commission notes, however, that the Director of
the Department of Fiscal Services has indicated that,
in practice, a 2-step process is not used. The Board
approves or disapproves the salary change, and the
Governor takes no further action.

Similarly, the substituted language in subsection
(d)(2)(iii) of this section reflects that the current
law does not state a procedure by which the General
Assembly would disapprove an increase. The
substituted language also is consistent with Art. 64A,
§ 27(e), which provides that, if the General Assembly
reduces the compensation, the Secretary of Personnel's
action is "refuted, and the compensation shall be
fixed at the reduced and amended rate as of the first
day of the next following fiscal year".

As to subsection (f)(2) of this section, the Director
of the Department of Fiscal Services advises that the
report required under this paragraph has not been made
for several years and indicates that the General
Assembly may wish to consider deletion of this
provision. Copies of the amended schedules are
provided to the Department of Fiscal Services.

The Commission notes that, if the General Assembly
wishes to retain this provision, the General Assembly
may wish to clarify whether the report is made during
a special session or only during a regular session.

7-210. GENERAL RESTRICTION ON BUDGET AMENDMENTS.

(A) SUBSTANTIVE PROVISIONS.