WILLIAM DONALD SCHAEFER, Governor

Ch. 94

(2) IN THE FISCAL YEAR FOLLOWING THE FISCAL YEAR
DURING WHICH THE AMOUNTS ARE PAID, UNLESS THE GOVERNOR ELECTS TO
INCLUDE THE PAYMENTS IN THE BUDGET FOR THE PRECEDING FISCAL YEAR
PURSUANT TO A REQUEST FROM THE ELIGIBLE INSTITUTION, WHICH
REQUEST SHALL INCLUDE A JUSTIFICATION.

(C)  PAYMENTS BY THE STATE UNDER THIS SUBTITLE MAY NOT
EXCEED:

(1)  $500,000 $250,000 TO EACH COMMUNITY COLLEGE;

(2)  $2,500,000 $1,250,000 EACH TO THE UNIVERSITY OF
MARYLAND COLLEGE PARK AND THE UNIVERSITY OF MARYLAND AT
BALTIMORE; AND

(3)  $1,500,000 $750,000 TO EACH OTHER ELIGIBLE
INSTITUTION.

(D) (1) TO DETERMINE ELIGIBILITY FOR STATE PAYMENTS, EACH
DONATION SHALL BE COMPARED TO THE AMOUNT DONATED DURING THE BASE
YEAR. THE FOLLOWING CRITERIA SHALL BE THE BASIS FOR COMPARISON:

(I) EACH DONATION MUST BE FROM A NEW DONOR; OR

(II) EACH DONATION MUST REPRESENT AN INCREASE
OVER THE AMOUNT GIVEN BY THE DONOR DURING THE BASE YEAR.

(2) A DONATION RECEIVED DURING THE BASE YEAR THAT
FULFILLS A PLEDGE MADE PRIOR TO THE BASE YEAR MAY NOT BE INCLUDED
IN THE DETERMINATION OF THE AMOUNT DONATED DURING THE BASE YEAR.

(3) EACH DONATION MUST BE SPECIFICALLY DESIGNATED AS
AN ENDOWMENT.

17-303.

AN AFFILIATED FOUNDATION OF AN ELIGIBLE INSTITUTION THAT
RECEIVES STATE PAYMENTS SHALL PROVIDE THE MARYLAND HIGHER
EDUCATION COMMISSION AN ANNUAL AUDIT OF ALL PLEDGED AND PAID

AMOUNTS AND THEIR SOURCES AND A COPY OF THE ANNUAL AUDIT SHALL BE
PROVIDED TO THE LEGISLATIVE AUDITOR.

17-303 17-304.

(A)  AMOUNTS PAID BY THE STATE UNDER THIS SUBTITLE MAY BE
APPLIED TO ANY ELIGIBLE PROGRAM AT THE ELIGIBLE INSTITUTION TO
WHICH THE PAYMENT IS MADE.

(B) NO MORE THAN §ONE-THIRD ONE-HALF OF THE TOTAL AMOUNT TO
BE PAID BY THE STATE UNDER PROVISIONS OF THIS SUBTITLE MAY BE
APPROPRIATED IN ANY FISCAL YEAR. THE PROVISIONS OF § 7-302 OF
THE STATE FINANCE AND PROCUREMENT ARTICLE DO NOT APPLY TO UNUSED

PROGRAM FUNDS.

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