ROBERT L. EHRLICH, JR., Governor                             Ch. 202

amendment has been submitted to the Department of Legislative Services and (b) the
budget committees or the Legislative Policy Committee have considered the
amendment or 45 days have elapsed from the date of submission of the amendment.
Each amendment submitted to the Department of Legislative Services shall include a
statement of the amount, sources of funds and purposes of the amendment, and a
summary of impact on budgeted or contractual position and payroll requirements.

(2)     Unless permitted by the budget bill or the accompanying supporting
documentation or by other authorizing legislation, and notwithstanding the
provisions of Section 3-216 of the Transportation Article, a budget amendment may
not:

(a)     restore funds for items or purposes specifically denied by the
General Assembly;

(b)     fund a capital project not authorized by the General Assembly
provided, however, that subject to provisions of the Transportation Article, projects of
the Maryland Department of Transportation shall be restricted as provided in Section
1;

(c)     increase the scope of a capital project by an amount 7.5% or
more over the approved estimate or 5% or more over the net square footage of the
approved project until the amendment has been submitted to the Department of
Legislative Services and the budget committees have considered and offered comment
to the Governor or 45 days have elapsed from the date of submission of the
amendment. This provision does not apply to the Maryland Department of
Transportation; and

(d)     provide for the additional appropriation of special, federal, or
higher education funds of more than $100,000 for the reclassification of a position or
positions.

(3)     A budget may not be amended to increase a federal fund
appropriation by $100,000 or more unless documentation evidencing the increase in
funds is provided with the amendment and fund availability is certified by the
Secretary of Budget and Management.

(4)     No expenditure or contractual obligation of funds authorized by a
proposed budget amendment may be made prior to approval of that amendment by
the Governor.

(5)     Notwithstanding the provisions of this section, any federal, special,
or higher education fund appropriation may be increased by budget amendment upon
a declaration by the Board of Public Works that the amendment is essential to
maintaining public safety, health or welfare, including protecting the environment or
economic welfare of the State.

(6)     This section shall not apply to budget amendments for the sole
purpose of appropriating funds available as a result of the award of federal disaster
assistance.

(7)     This section shall not apply to budget amendments for the sole

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