Ch. 8

1993 LAWS OF MARYLAND

SECTION 2. AND BE IT FURTHER ENACTED, That in Order to carry out the
provisions of these appropriations the Secretary of Budget and Fiscal Planning is
authorized:

(a)     To allot all or any portion of the funds herein appropriated to the various
departments, boards, commissions, officers, schools and institutions by monthly, quarterly
or seasonal periods and by objects of expense and may place any funds appropriated but
not allotted in contingency reserve available for subsequent allotment. Upon his own
initiative or upon the request of the head of any State agency, the Secretary may
authorize a change in the amount of funds so allotted.

The Secretary shall before the beginning of the fiscal year file with the Comptroller
of the Treasury his schedule of allotments, if any. The Comptroller shall not authorize
any expenditure or obligation in excess of the allotment made and any expenditure so
made shall be illegal.

(b)     To allot all or any portion of funds coming into the hands of any department,
board, commission, officer, school and institution of the State, from sources not estimated
or calculated upon in the budget.

(c)     To fix the number and classes of positions, including temporary and
permanent positions, or man years of authorized employment for each agency, unit, or
program thereof, not inconsistent with the Public General Laws in regard to classification
of positions. He shall make his determinations before the beginning of the fiscal year and
shall base them on the positions or man years of employment authorized in the budget as
amended by approved budgetary position actions. No payment for salaries or wages nor
any request for or certification of personnel shall be made except in accordance with the
Secretary's determinations. At any time during the fiscal year the Secretary may amend
the number and classes of positions or man years of employment previously fixed by him;
the Secretary may delegate all or part of this authority. The governing boards of public
institutions of higher education shall have the authority to transfer positions between
programs and campuses under each institutional board's jurisdiction without the approval
of the Secretary, as provided in Section 15-105 of the Education Article.

(d)     To prescribe procedures and forms for carrying out the above provisions.

SECTION 3. AND BE IT FURTHER ENACTED, That in accordance with
Section 7-109 of the State Finance and Procurement Article of the Annotated Code of
Maryland, it is the intention of the General Assembly to include herein a listing of
nonclassified flat rate or per diem positions by unit of State government, job
classification, the number in each job classification and the amount proposed for each
classification. The President and the Speaker may make adjustments to positions
contained in the legislative portion of this section that are impacted by changes in salary
plans or by salary actions in the executive agencies. The Chief Judge of the Court of
Appeals may make adjustments to positions contained in the Judicial portion of this
section (other than judges) that are impacted by changes in salary plans or by salary

- 472 -