986

LAWS OF MARYLAND

Ch. 11

(C)  PURPOSE.

MONEY CARRIED IN A CAPITAL ACCOUNT UNDER SUBSECTION (B) OF
THIS SECTION MAY BE SPENT ONLY FOR A CAPITAL PURPOSE.

(D)  TERMINATION OF AUTHORITY.

UNLESS THE APPROPRIATION ACT PROVIDES OTHERWISE, THE
AUTHORITY TO SPEND THE APPROPRIATION FOR A PROJECT TERMINATES:

(1)  2 YEARS AFTER THE EFFECTIVE DATE OF THE
APPROPRIATION ACT THAT AUTHORIZES THE PROJECT, IF NO PART OF THE
PROJECT IS UNDER CONTRACT AND THE BOARD HAS NOT COMMITTED THE
MONEY FOR ANY PART OF THE PROJECT; OR

(2)  1 YEAR AFTER THE LATEST OF ABANDONMENT,
COMPLETION, OR ACCEPTANCE OF THE PROJECT.

REVISOR'S NOTE: Subsection (a) of this section is new
language added to avoid repetition of the list of
capital expenditures included in this section.

Subsections (b) through (d) of this section are new
language derived without substantive change from
former Art. 15A, § 3.

In subsection (b)(1) of this section, the term

"General Fund" is substituted for the former

references to the "general treasury", to conform to
references elsewhere in this article.

In subsections (b)(2) and (d) of this section, the
clause "the authority to spend the appropriation for a
project terminates" is substituted for the former
clauses "the authorization for the project shall be
terminated" and "the unexpended balance of the
appropriation for the project shall be cancelled", for
clarity.

The Commission to Revise the Annotated Code notes, for
consideration of the General Assembly, that, while the
former law referred to the termination of "the
authorization for the project" under certain
conditions, the revised language in subsection (b)(2)
of this section provides for the termination of "the
authority to spend the appropriation for a project".
The Commission suggests that it is the authority to
spend the appropriation that is terminated and not the
authorization for the project itself. Clearly, if a
project is completed without spending the entire
appropriation for the project, the authorization for
the project would not be considered terminated, but
the authority to spend the amount of the unspent
appropriation would be terminated.