(a) None of the provisions of any public general law governing the
preparation and filing of budgets by agencies of the State of Maryland
are applicable to the budgetary procedure of the Commission. Except as
hereinafter provided, the budget programs and procedures heretofore
followed by the Commission are ratified and confirmed and approved for
use by the Commission hereafter, together with such improvements
therein as, in the discretion of the Commission, be deemed necessary or
appropriate in the public interest.
(1) For each fiscal year, beginning on July 1 and ending on June 30 of the
subsequent year, the Commission shall prepare an annual capital and
operating budget which shall contain, separately for each county where
items are so allocable for which a tax is levied, the proposed
expenditures and estimates of revenue anticipated. The proposed budget
shall be established as hereinafter set forth. The Commission's budget
shall include for each county within the regional district a complete
planning work program including a schedule for the production of all
plans and amendments, hereinafter called the planning schedule of the
Commission. The budget shall contain items allocable to both counties
including provisions for the operation of the departments of the
Commission established pursuant to law and the regional planning
program. The budget shall also contain a schedule of recreation
activities and programs for Prince George's County in accordance with
§ 5-207 of this article.
(2) The Commission shall submit the proposed budget on or before January 15
of each year to the county executives of Montgomery and Prince
George's Counties.
(3) In Montgomery County the County Executive shall transmit the proposed
budget to the County Council, together with his recommendations, on or
before March 1 of each year. In Prince George's County, the County
Executive shall transmit the proposed budget to the County Council,
together with his recommendations, on or before April 1 of each year.
(4) Each county council shall, upon public notice, hold a public hearing on
the proposed budget of the Commission commencing not earlier than 21
days following receipt thereof from the county executive. Thereafter,
on or before June 1 of each year in Montgomery County and Prince
George's County, each county council shall approve that portion of the
budget allocated to its county, which may be altered as hereinafter
provided, and establish tax levies in such amounts as each county
council shall determine to be necessary to finance that portion of the
budget allocated to its county, subject to the requirements and
limitations of §§ 6-106, 6-108, 6-110, 7-106, and 7-108 of this
article. Each county council may add to, delete from, increase or
decrease any part of the portion of the budget allocated solely to its
county. Budget items allocable to both counties shall be concurred in
by both county councils. With respect to such budget items, the county
councils are authorized to concur in additions to, deletions from,
increases to, or decreases from, such items. Failure of the councils to
concur in any such item by June 15 shall constitute approval of the
item as submitted by the Commission.
(5) Each county council, upon approval of the budget, shall deliver it
within three calendar days to the respective county executive who,
within ten days thereafter, may disapprove or reduce any item contained
in it. If the county executive disapproves, reduces or modifies any
item in the budget, the county executive shall return it to the
respective county council with the reasons for the county executive's
disapproval or reduction stated in writing. Budget item refers to items
within the funds described herein or the planning work program. Each
county council may, by affirmative vote of 6 of its members, reapprove
or restore any item over the disapproval of the respective county
executive within 30 calendar days.
(6) Following the adoption of the budgets by the respective county
councils, the budgets may be amended by resolution by the respective
county councils on their initiative or at the request of the Commission
after receipt of recommendations from the respective county executives,
and after public hearing upon reasonable notice to the public. With
respect to budget items applicable to both counties, an amendment is
not effective unless it has received the concurrence of both county
councils.
(7) An expenditure of funds may not be made or authorized by the Commission
in excess of the available approved budget amounts plus 10 percent
thereof for each park and recreation project and for each
administrative or operating department or function of the Commission,
as set forth in each county's legislation approving the budget, and
for each planning project contained in the planning work program for
each county, unless approved by either or both county councils, as the
case may require, after receipt of recommendations from either or both
county executives. The Commission may not exceed the total approved
budget for each of its funds, except for enterprise funds without the
prior approval by either or both county councils, as applicable.
(b) (1) (i) The Commission shall prepare and submit a six-year capital
improvements program:
1. Before November 1 of each calendar year to the county governing body of
Prince George's County; and
2. Before November 1 of each odd-numbered calendar year to the County
Executive and County Council of Montgomery County.
(ii) The capital improvements program shall include a statement of the
objectives of the capital programs and relationship of these programs
to the county's adopted long range development plans; shall recommend
capital projects and a construction schedule; and shall provide an
estimate of cost and a statement of all funding sources. The capital
improvements program shall include all programmed parkland acquisition,
all major parkland improvement, development and major acquisition of
equipment.
(iii) In Montgomery County, the County Executive shall submit recommendations
with respect to the Commission's proposed program (including any
suggested amendments, revisions or modifications) to the County Council
as an integral part of the comprehensive six-year capital improvements
program required by the charter for Montgomery County in each
even-numbered calendar year.
(2) (i) Each county governing body shall, on or before adoption of its annual
budget and appropriations resolution each year in Prince George's
County and each even-numbered calendar year in Montgomery County,
adopt the six-year capital improvements program. Such adoption shall
occur only after public hearings thereon which may be conducted in
conjunction with public hearings on their own and other agencies'
six-year programs or capital budgets.
(ii) In its adoption, the county governing body may make such amendments,
revisions or modifications as it may determine. Any such amendment,
revision or modification shall not become final until submission to the
Commission for written comment on at least 30 days' notice.
(iii) In Montgomery County, the County Council may amend an approved
six-year capital improvements program at any time by an affirmative
vote of six members.
(3) The capital budget of the Commission for the succeeding fiscal year
shall include such projects so as to be in full conformity with that
part of the capital program most recently adopted. No such capital
project may be undertaken, in whole or in part, which is not in
conformity with that part of the program applicable to that year unless
the same shall be amended by the county governing body on its own
initiative or at the request of the Commission and after public hearing
upon reasonable notice to the public.
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