HARRY HUGHES, Governor                                    1449

(2) While the General Assembly is not in session, the
President of the Senate and the Speaker of the House of Delegates
jointly may approve an amendment that increases a salary so that
it exceeds the limitation in [paragraph (1) of] this subsection

if:

(i) the President and the Speaker find that the
salary increase is needed because an inability to obtain or to
keep an essential PROFESSIONAL, TECHNICAL OR career employee who
is performing an administrative function [or an essential
professional or technical employee] has created an acute
emergency; and

(ii) their findings are documented.

(e) A copy of each amended [schedule] APPROPRIATION FOR A
PROGRAM shall be provided promptly to:

(1)  the Comptroller; and

(2)  the Secretary of Budget and Fiscal Planning.
7-208.1.

(A)  THE CHIEF JUDGE OF THE COURT OF APPEALS MAY AUTHORIZE
AN AMENDMENT OF AN APPROPRIATION FOR A PROGRAM OF THE JUDICIAL

BRANCH.

(B)  AN AMENDMENT OF AN APPROPRIATION FOR A PROGRAM OF THE
JUDICIAL BRANCH MAY NOT INCREASE THE SUM OF THE APPROPRIATIONS
FOR ALL THE PROGRAMS OF THE JUDICIAL BRANCH.

(C)  (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS
SUBSECTION, AN AMENDMENT UNDER THIS SECTION MAY NOT INCREASE A
SALARY FOR A NONCLASSIFIED POSITION SO THAT THE SALARY EXCEEDS
THE AMOUNT SET FORTH BY THE MOST RECENTLY ENACTED STATE BUDGET
BILL. THE LIMITATION IN THIS PARAGRAPH APPLIES WHETHER OR NOT
THE MOST RECENTLY ENACTED BUDGET IS IN EFFECT.

(2) THE CHIEF JUDGE OF THE COURT OF APPEALS MAY
APPROVE AN AMENDMENT THAT INCREASES A SALARY SO THAT IT EXCEEDS
THE LIMITATION OF THIS SUBSECTION IF THE CHIEF FINDS THAT THE
SALARY INCREASE IS NEEDED BECAUSE AN INABILITY TO OBTAIN OR TO

KEEP AN ESSENTIAL PROFESSIONAL, TECHNICAL, OR CAREER EMPLOYEE WHO
IS PERFORMING AN ADMINISTRATIVE FUNCTION OR AN ESSENTIAL
PROFESSIONAL OR TECHNICAL EMPLOYEE HAS CREATED AN ACUTE
EMERGENCY, AND THE FINDING IS DOCUMENTED.

(D)  A COPY OF EACH AMENDED APPROPRIATION FOR A PROGRAM
SHALL BE PROVIDED PROMPTLY TO:

(1)  THE COMPTROLLER, AND

(2)  THE SECRETARY OF BUDGET AND FISCAL PLANNING.