Ch. 430                                    2004 LAWS OF MARYLAND

(iii) because of an emergency declared by the Governor, is needed to
protect the health, welfare, or property of the public; or

(iv) is specifically authorized by the budget bill or other law.

(3) (I) SUBJECT TO THE STATE BUDGET BILL, AN AMENDMENT MAY
TRANSFER PART OF AN APPROPRIATION OF SPECIAL OR FEDERAL FUNDS BETWEEN
ANY OF THE PRINCIPAL DEPARTMENTS OR ANY OF THE UNITS IN THE EXECUTIVE
BRANCH THAT ARE NOT ASSIGNED TO A PRINCIPAL DEPARTMENT IF:

1. FUNDS ARE AVAILABLE TO THE DEPARTMENT OR UNIT
FROM WHICH THE FUNDS ARE TO BE TRANSFERRED THROUGH A FEDERAL GRANT
OR CONTRACT OR OTHER RESTRICTED GRANT OR CONTRACT;

2. THE USE OF FUNDS BY THE DEPARTMENT OR UNIT TO
WHICH THE FUNDS ARE TO BE TRANSFERRED IS DIRECTLY RELATED TO THE
PURPOSES OF THE GRANT OR CONTRACT AND THE STATUTORY DUTIES OF THAT
DEPARTMENT OR UNIT; AND

3. THE TRANSFERRING DEPARTMENT OR UNIT AND THE
RECEIVING DEPARTMENT OR UNIT SUBMIT A SCHEDULE OF FUNDS TO BE
TRANSFERRED TO THE DEPARTMENT OF BUDGET AND MANAGEMENT.

(II) FUNDS TRANSFERRED UNDER THIS PARAGRAPH MAY NOT BE
EXPENDED BY THE RECIPIENT DEPARTMENT OR UNIT UNTIL EACH PROPOSED
BUDGET AMENDMENT HAS BEEN APPROVED BY:

1. THE SECRETARY OF THE DEPARTMENT OF BUDGET AND
MANAGEMENT;

2.       THE GOVERNOR; AND

3.       THE BOARD OF PUBLIC WORKS.

(III) A COPY OF EACH APPROVED BUDGET AMENDMENT UNDER
THIS PARAGRAPH SHALL BE PROVIDED TO THE DEPARTMENT OF LEGISLATIVE
SERVICES.

7-217.

(a) An officer or unit of the State government may spend money [that is
derived from a source] FROM A SPECIAL FUND OR THE FEDERAL GOVERNMENT THAT
IS not estimated or included in the State budget OR EXCEEDS THE ESTIMATE IN THE
STATE BUDGET and is paid into the State Treasury for a program after AN APPROVED
amendment of [the] A SPECIAL OR FEDERAL FUND appropriation for the program:

(1) for the specific purpose to which the money is dedicated by State law
or act of Congress; or

(2) if the money is not dedicated to a specific purpose, with the approval
of the Governor AND AS AUTHORIZED IN AN APPROVED BUDGET AMENDMENT, for
necessary current operations.

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