Ch. 7                                       1995 LAWS OF MARYLAND

include all positions authorized by the General Assembly in the personnel detail of the
budgets for FYs 1995 and 1996 including nonbudgetary programs, the Mass Transit
Administration, the University of Maryland self-supported activities, and the State Use
Industries.

SECTION 23. 26. AND BE IT FURTHER ENACTED, That the Department of
Budget and Fiscal Planning shall provide an annual report on indirect costs to the Joint
Budget and Audit Committee. The report should assess available information on the
timeliness, completeness and deposit history of indirect cost recoveries by state agencies.

SECTION 24. 27. AND BE IT FURTHER ENACTED, That except as otherwise
provided in Section 1 or any other statutory provisions, a budget amendment to
appropriate an amount of federal or special funds, including higher education funds, in
excess of $100,000 greater than any federal or special fund appropriation, including
higher education fund appropriation, in this bill may not be submitted to the Governor
until the amendment has been submitted to the Department of Fiscal Services for review
by the budget committees. The committees shall have 45 days to review and consider the
proposed budget amendment and may submit recommendations to the Governor. It is
further the intent of the General Assembly that, to the maximum extent feasible, special
and federal fund appropriations shall be increased through deficiency appropriations and
not by budget amendment.

SECTION 25. 28. AND BE IT FURTHER ENACTED, That whenever the Joint
Budget and Audit Committee, through its review and evaluation process of audit reports
issued by the Legislative Auditor, and after consultation with the Legislative Auditor,
determines, based upon exceptions contained in the audit reports, that a particular
agency (to include department, administration, division, bureau, board, or commission)
does not adequately comply with state laws, rules and regulations regarding the agency's
fiscal and accounting records and procedures and/or fiscal administration activities, that
the committee may recommend to the Governor that the Comptroller withhold up to 25%
of the salary of the secretary of the department and/or of the state official deemed
responsible. The amount to be withheld, the duration of such withholding, and the date of
release of amount withheld shall be recommended by the committee after consultation
with the Legislative Auditor, including any recommendations that the Legislative Auditor
deems appropriate. The Governor shall advise the committee as to the decision regarding
the committee's recommendations. If the Governor directs that the salary of the head of
the agency and/or salary of the secretary of the department and/or salary of the state
official deemed responsible be withheld, the Governor may recommend the date on which
the salary shall be restored to the full amount as provided in the budget and the amount
to be withheld to be paid. The committee shall consider the recommendations of the
Governor and advise the Governor as to its decision whether or not to allow the salary to
be restored to the full amount as provided in the budget and the amount withheld to be
paid.

SECTION 26. AND BE IT FURTHER ENACTED, That:

(1) For Fiscal Year 1996 no funds may be expended to implement automatic
increases of pay rates sot under the Standard Pay Plan or any other plan or merit raises
in institutions of higher education and the Executive Pay Plan;

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