980

LAWS OF MARYLAND

Ch. 11

(B)  PROHIBITED ACTS.

AN OFFICER OR AGENT TO WHOM THIS SECTION APPLIES MAY NOT:

(1)  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;

(2)  CREATE A DEFICIENCY; OR

(3)  INCUR A LIABILITY OR SPEND MONEY IN EXCESS OF THE
APPLICABLE APPROPRIATION.

(C)  CIVIL LIABILITY.

(1)  THE STATE IS NOT LIABLE ON ANY CONTRACT MADE IN
VIOLATION OF SUBSECTION (B) OF THIS SECTION.

(2)  AN OFFICER OR AGENT WHO WILLFULLY OR KNOWINGLY
VIOLATES SUBSECTION (B)(1) OF THIS SECTION IS PERSONALLY LIABLE
ON THE CONTRACT.

(D)  CRIMINAL PENALTIES.

IF AN OFFICER OR AGENT TO WHOM THIS SECTION APPLIES IS FOUND
GUILTY OF WILLFULLY OR KNOWINGLY VIOLATING ANY PROVISION OF
SUBSECTION (B)(2) OR (3) OF THIS SECTION:

(1)  THE OFFICER OR AGENT IS PERSONALLY LIABLE TO THE
STATE FOR THE AMOUNT OF THE DEFICIENCY OR EXCESS; AND

(2)  THE OFFICER OR AGENT IS SUBJECT:

(I)  FOR A 1ST OFFENSE, TO A FINE NOT EXCEEDING
$1,000 OR IMPRISONMENT IN THE STATE PENITENTIARY NOT EXCEEDING 2
YEARS OR BOTH; AND

(II)  FOR A SUBSEQUENT OFFENSE, TO A FINE NOT
EXCEEDING $2,000 OR IMPRISONMENT IN THE STATE PENITENTIARY NOT
EXCEEDING 2 YEARS OR BOTH.

REVISOR'S NOTE: Subsections (a), (b)(1), and (c) of this
section are new language that repeats the provisions
of present Art. 31, § 3.

Subsections (b)(2) and (3) and (d) of this section are
new language derived without substantive change from
former Art. 31, §§ 4 and 5.

In the introductory language of subsection (a) of this
section, the present word "entrusted" is omitted as
unnecessary in light of the word "charged".