ROBERT L. EHRLICH, JR., Governor                             Ch. 429

(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 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 2. AND BE IT FURTHER ENACTED, That the Department of
Budget and Management (DBM) shall prepare a report for the budget committees
upon creation of regular full-time equivalent (FTE) positions through Board of Public
Works (BPW) action and upon transfer or abolition of positions. This report shall be
provided in addition to that provided for in Section 21 of the 2004 session budget bill
and as an appendix in the Governor's budget book. It shall note, at the program level:

(1)     where regular FTE positions have been abolished;

(2)     where regular FTE positions have been created;

(3)     from where and to where regular FTE positions have been transferred; and

(4)     where any other adjustments have been made.

Provision of contractual FTE position information in the_; same fashion as
reported in the appendices of the fiscal 2005 Governor's budget book shall also be
provided.

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