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Ch. 487
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2007 Laws of Maryland
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(3) Unless permitted bv 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 of this Act;
(c) increase the scope of a capital project bv an amount 7.5 percent or
more over the approved estimate or 5 percent 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.
(4) 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.
(5) 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.
(6) Notwithstanding the provisions of this section, any federal, special, or
higher education fund appropriation may be increased bv budget amendment upon a
declaration bv the Board of Public Works that the amendment is essential to
maintaining public safety, health or welfare, including protecting the environment or
the economic welfare of the State.
(7) Further provided that the fiscal 2008 appropriation detail as shown in the
Governor's budget books submitted to the General Assembly in January 2008 and the
supporting electronic detail shall not include appropriations for budget amendments
that have not been signed by the Governor, exclusive of the Maryland Department of
Transportation PAYGO capital program.
(8) Further provided that it is the policy of the State to recognize and
appropriate additional special, higher education, and federal revenues in the budget
bill as approved by the General Assembly. Further provided that for the fiscal 2009
allowance the Department of Budget and Management (DBM) shall continue policies
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- 3058 -
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