Ch. 3                                       1997 LAWS OF MARYLAND

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 the
Secretary's 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 a 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 person years of authorized employment for each agency, unit, or
program thereof, not inconsistent with the Public General Laws in regard to classification
of positions. The Secretary shall make such determinations before the beginning of the
fiscal year and shall base them on the positions or person 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 person years of employment
previously fixed by the Secretary; 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 adjustment's 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
actions in the executive agencies. The salaries of the constitutional officers listed in this
section are the annual salaries for the next term in office. Employees transferred from the
executive pay plan into the flat rate pay plan in the Fiscal Year 1998 budget shall not
receive any additional salary increases in Fiscal Year 1997 or Fiscal Year 1998. In
addition, the Maryland Public Broadcasting Commission should submit legislation to the
General Assembly at the 1998 session to restructure their personnel and salary plan. Any
position transfer from the executive pay plan to the flat rate pay plan which results in a

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