HARRY HUGHES, Governor

981

In subsection (a)(1) of this section, the word
"maintenance" is substituted for the present phrase
"keeping in repair", for brevity.

Also in subsection (a)(1) of this section, the phrase
"of any kind", which modifies the present word "work",
is omitted as surplusage.

In subsection (b)(1) of this section, the present
reference to a contract as "binding" the State is
omitted as misleading, since a contract made in
violation of subsection (b)(1) of this section does
not bind the State.

Subsection (b)(2) and (3) of this section is revised
to apply to any officer or agent enumerated in
subsection (a) of this section, rather than to the
"trustees, managers, directors, or superintendent of
any of the public institutions of the State" to which
former Art. 31, § 4 previously limited the provisions
revised in subsection (b)(2) and (3) of this section.
This revision reflects that, since the criminal
penalties in former Art. 31, § 5, for "creating a
deficiency ... or expending a greater sum than is
appropriated" applied to any officer enumerated in
that former section, the prohibition also must apply.

In light of this revision, the reference to "the
applicable appropriation" is substituted for the
former reference to an appropriation "by the General
Assembly ... for any public institution or department
of the State."

Subsection (b)(3) of this section also is revised to
clarify that the phrase "in excess of the applicable
appropriation" modifies the reference to incurring a
liability, as well as the reference to spending money.

In subsection (d)(1) of this section, the phrase "to
the State" is added to distinguish the liability under
subsections (c) and (d)(1) of this section.

In subsection (d)(2) of this section, the specific
references to the State Penitentiary are retained.
Although, under Art. 27, § 690(b) of the Code,
prisoners now are sentenced to the jurisdiction of the
Division of Correction, that section did not abrogate
the concept of "penitentiary misdemeanors". For
penitentiary misdemeanors, or felonies, there is no
statute of limitations, while, generally, for
misdemeanors "not made punishable by confinement in
the penitentiary by statute", there is a 1-year
limitation. See CJ § 5-106 and Mullins v. State, 12
Md. App. 222 (1978).