(a) This section applies to any officer or agent of the State who is charged with: (1) construction, improvement, or maintenance of a building or work; or (2) management of or provision for a State institution. (b) An officer or agent to whom this section applies may not: (1) make or participate in making for any purpose a contract that purports to bind the State to pay any amount unless money has been appropriated for that purpose and remains unspent; (2) create a deficiency; or (3) incur a liability or spend money in excess of the applicable appropriation. (c) (1) The State is not liable on any contract made in violation of subsection (b) of this section. (2) An officer or agent who willfully or knowingly violates subsection (b)(1) of this section is personally liable on the contract. (d) If an officer or agent to whom this section applies is found guilty of willfully or knowingly violating any provision of subsection (b)(2) or (3) of this section: (1) the officer or agent is personally liable to the State for the amount of the deficiency or excess; and (2) the officer or agent is subject: (i) for a 1st offense, to a fine not exceeding $1,000 or imprisonment in the State Penitentiary not exceeding 2 years or both; and (ii) for a subsequent offense, to a fine not exceeding $2,000 or imprisonment in the State Penitentiary not exceeding 2 years or both.
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