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Ch. 487
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2007 Laws of Maryland
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(a) when expenditures or encumbrances mav be charged to either State
or federal fund sources, federal funds shall be charged before State funds are charged;
this policy does not apply to the Department of Human Resources with respect to
federal funds to be carried forward into future years for child welfare or welfare
reform activities, or to the Department of Health and Mental Hygiene with respect to
funds to be carried forward into future years for the purpose of reducing the waiting
list for community services for individuals with developmental disabilities or with
respect to funds to be carried forward into future years for HIV/AIDS-related
activities, or to the Maryland State Department of Education with respect to funds to
be carried forward into future years for child care:
(b) when additional federal funds are sought or otherwise become
available in the course of the fiscal year, agencies shall consider, in consultation with
the Department of Budget and Management, whether opportunities exist to use these
federal revenues to support existing operations rather than to expand programs or
establish new ones; and
(c) the Department of Budget and Management shall take appropriate
actions to effectively establish these as policies of the State with respect to
administration of federal funds by executive agencies.
SECTION 30. AND BE IT FURTHER ENACTED. That the Department of
Budget and Management shall provide an annual report on indirect costs to the
General Assembly in January 2008 as an appendix in the Governor's fiscal 2009
budget books. The report shall detail by agency for the actual fiscal 2007 budget the
amount of statewide indirect cost recovery received, the amount of statewide indirect
cost recovery transferred to the general fund, and the amount of indirect cost recovery
retained for use by each agency. In addition, it shall list the most recently available
federally approved statewide and internal agency cost recovery rates. As part of the
normal fiscal/compliance audit performed for each agency once every three years, the
Office of Legislative Audits shall assess available information on the timeliness,
completeness, and deposit history of indirect cost recoveries bv State agencies.
Further provided that for fiscal 2008. excluding the Maryland Department of
Transportation, the amount of revenue received bv each agency from any federal
source for statewide cost recovery mav only be transferred to the general fund and
mav not be retained in any clearing account or by any other means, nor may the
Department of Budget and Management or any other agency or entity approve
exemptions to permit any agency to retain any portion of federal statewide cost
recoveries.
SECTION 31. AND BE IT FURTHER ENACTED. That the executive budget
books shall include a forecast of the impact of the executive budget proposal on the
long-term fiscal condition of general fund. Transportation Trust Fund, and higher
education current unrestricted fund accounts. This forecast shall estimate aggregate
revenues, expenditures and fund balances in each account for the fiscal year last
completed, the current year, the budget year, and four years thereafter. Expenditures
shall be reported at such agency, program or unit levels or categories as may be
determined appropriate after consultation with the Department of Legislative
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- 3054 -
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