2013 Maryland Code
STATE FINANCE AND PROCUREMENT
§ 8-117 - Enabling acts [Effective until October 1, 2013].

§8-117. IN EFFECT

(a) The General Assembly may authorize the Board to:

(1) borrow money for any public purpose; and

(2) issue State bonds to evidence the debt.

(b) An enabling act shall specify the total principal amount of the debt authorized by the enabling act.

(c) An enabling act may take substantially the following form:

“A BILL ENTITLED

AN ACT concerning

Creation of a State Debt - (Name of Project)

FOR the purpose of authorizing the creation of a State debt not to exceed $....., (for an enabling act that requires an equal matching fund)/ in the amount of $....., (for an enabling act that requires no matching fund or a lesser matching fund) the proceeds to be used as a grant to ..... (name of grantee) for certain development or improvement purposes; providing for disbursement of the loan proceeds, subject to the requirement that the grantee provide and expend a matching fund (if the enabling act requires a matching fund); and providing generally for the issuance and sale of bonds evidencing the loan.

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, That:

(1) The Board of Public Works may borrow money and incur indebtedness on behalf of the State of Maryland through a State loan to be known as the ... (name of project) Loan of ... (year) equal to the lesser of (i) $... or (ii) the amount of the matching fund provided in accordance with Section 1(5) below. (For an enabling act that requires an equal matching fund)/ in the total principal amount of $..... (for an enabling act that requires no matching fund or a lesser matching fund). This loan shall be evidenced by the issuance, sale, and delivery of State general obligation bonds authorized by a resolution of the Board of Public Works and issued, sold, and delivered in accordance with §§ 8-117 through 8-124 of the State Finance and Procurement Article and Article 31, § 22 of the Code.

(2) The bonds to evidence this loan or installments of this loan may be sold as a single issue or may be consolidated and sold as part of a single issue of bonds under § 8-122 of the State Finance and Procurement Article.

(3) The cash proceeds of the sale of the bonds shall be paid to the Treasurer and first shall be applied to the payment of the expenses of issuing, selling, and delivering the bonds, unless funds for this purpose are otherwise provided, and then shall be credited on the books of the Comptroller and expended, on approval by the Board of Public Works, for the following public purposes, including any applicable architects’ and engineers’ fees: as a grant to ..... (name of grantee) (referred to hereafter in this Act as “the grantee”) (for an enabling act that requires a matching fund) for (here state the purpose or purposes to which the proceeds of the bonds are to be applied).

(4) An annual State tax is imposed on all assessable property in the State in rate and amount sufficient to pay the principal of and interest on the bonds, as and when due and until paid in full. The principal shall be discharged within 15 years after the date of issue of the bonds.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 1, .... (year)”.

(d) (1) If an enabling act requires an equal matching fund, the fifth paragraph is as follows:

“(5) Prior to the payment of any funds under the provisions of this Act for the purposes set forth in Section 1(3) above, the grantee shall provide and expend a matching fund. No part of the grantee’s matching fund may be provided, either directly or indirectly, from funds of the State, whether appropriated or unappropriated. No part of the fund may consist of real property, in kind contributions, or funds expended prior to the effective date of this Act. In case of any dispute as to the amount of the matching fund or what money or assets may qualify as matching funds, the Board of Public Works shall determine the matter and the Board’s decision is final. The grantee has until June 1, ... (2 years from the effective date of the Act), to present evidence satisfactory to the Board of Public Works that a matching fund will be provided. If satisfactory evidence is presented, the Board shall certify this fact and the amount of the matching fund to the State Treasurer, and the proceeds of the loan equal to the amount of the matching fund shall be expended for the purposes provided in this Act. Any amount of the loan in excess of the amount of the matching fund certified by the Board of Public Works shall be canceled and be of no further effect.”.

(2) If an enabling act requires a lesser matching fund, the fifth paragraph is as follows:

“(5) Prior to the payment of any funds under the provisions of this Act for the purposes set forth in Section 1(3) above, the grantee shall provide and expend a matching fund of $ ..., (amount of the matching fund to be provided by the grantee). No part of the grantee’s matching fund may be provided, either directly or indirectly, from funds of the State, whether appropriated or unappropriated. No part of the fund may consist of real property, in kind contributions, or funds expended prior to the effective date of this Act. In case of any dispute as to the amount of the matching fund or what money or assets may qualify as matching funds, the Board of Public Works shall determine the matter and the Board’s decision is final. The grantee has until June 1, ... (2 years from the effective date of the Act), to present evidence satisfactory to the Board of Public Works that a matching fund will be provided. If satisfactory evidence is presented, the Board shall certify this fact to the State Treasurer, and the proceeds of the loan shall be expended for the purposes provided in this Act.”.

(e) An enabling act may also contain the following paragraph:

“The proceeds of the loan must be expended or encumbered by the Board of Public Works for the purposes provided in this Act no later than June 1, .... (7 years from the effective date of the Act). If any funds authorized by this Act remain unexpended or unencumbered after June 1, .... (7 years from the effective date of the Act), the amount of the unencumbered or unexpended authorization shall be canceled and be of no further effect. If bonds have been issued for the loan, the amount of unexpended or unencumbered bond proceeds shall be disposed of as provided in § 8-129 of the State Finance and Procurement Article.”.

(f) An enabling act under this section may contain:

(1) an additional provision for all or part of the principal of and interest on the State bonds issued under the enabling act to be paid primarily from sources of funds other than a State tax on assessable property; and

(2) any other additional provision that is appropriate to the purpose of the enabling act and the nature of State bonds.

(g) (1) An enabling act for a capital project that authorizes the creation of a State debt of at least $500,000 for a hospital or institution of higher education that is not subject to the reporting requirement under § 14-305 of this article shall include the following paragraph:

“On or before December 31 of any year in which the payment of any funds under the provisions of this Act for the purposes of a capital project as set forth in Section 1(3) above is made and on or before December 31 of the year following a year in which the payment of any funds under the provisions of this Act for the purposes set forth in Section 1(3) above is made, if the grantee is a hospital or institution of higher education that receives at least $500,000 under this Act and is not subject to the reporting requirement under § 14-305 of the State Finance and Procurement Article, the grantee shall submit a report to the Governor’s Office of Minority Affairs on the extent to which the grantee has used, or will use, any part of the funds received under the provisions of this Act for contracts with minority-owned businesses and on any minority business outreach efforts.”

(2) The Governor’s Office of Minority Affairs shall provide a single form for all reports submitted under this subsection.

(3) On or before July 1 of each year, the Governor’s Office of Minority Affairs shall report to the Senate Education, Health, and Environmental Affairs Committee and the House Health and Government Operations Committee, in accordance with § 2-1246 of the State Government Article, on the information submitted to the Governor’s Office of Minority Affairs under this subsection.

8-117.

** TAKES EFFECT SEPTEMBER 30, 2013 PER CHAPTER 398 OF 2010 **

(a) The General Assembly may authorize the Board to:

(1) borrow money for any public purpose; and

(2) issue State bonds to evidence the debt.

(b) An enabling act shall specify the total principal amount of the debt authorized by the enabling act.

(c) An enabling act may take substantially the following form:

“A BILL ENTITLED

AN ACT concerning

Creation of a State Debt - (Name of Project)

FOR the purpose of authorizing the creation of a State debt not to exceed $....., (for an enabling act that requires an equal matching fund)/ in the amount of $....., (for an enabling act that requires no matching fund or a lesser matching fund) the proceeds to be used as a grant to ..... (name of grantee) for certain development or improvement purposes; providing for disbursement of the loan proceeds, subject to the requirement that the grantee provide and expend a matching fund (if the enabling act requires a matching fund); and providing generally for the issuance and sale of bonds evidencing the loan.

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, That:

(1) The Board of Public Works may borrow money and incur indebtedness on behalf of the State of Maryland through a State loan to be known as the ... (name of project) Loan of ... (year) equal to the lesser of (i) $... or (ii) the amount of the matching fund provided in accordance with Section 1(5) below. (For an enabling act that requires an equal matching fund)/ in the total principal amount of $..... (for an enabling act that requires no matching fund or a lesser matching fund). This loan shall be evidenced by the issuance, sale, and delivery of State general obligation bonds authorized by a resolution of the Board of Public Works and issued, sold, and delivered in accordance with §§ 8-117 through 8-124 of the State Finance and Procurement Article and Article 31, § 22 of the Code.

(2) The bonds to evidence this loan or installments of this loan may be sold as a single issue or may be consolidated and sold as part of a single issue of bonds under § 8-122 of the State Finance and Procurement Article.

(3) The cash proceeds of the sale of the bonds shall be paid to the Treasurer and first shall be applied to the payment of the expenses of issuing, selling, and delivering the bonds, unless funds for this purpose are otherwise provided, and then shall be credited on the books of the Comptroller and expended, on approval by the Board of Public Works, for the following public purposes, including any applicable architects’ and engineers’ fees: as a grant to ..... (name of grantee) (referred to hereafter in this Act as “the grantee”) (for an enabling act that requires a matching fund) for (here state the purpose or purposes to which the proceeds of the bonds are to be applied).

(4) An annual State tax is imposed on all assessable property in the State in rate and amount sufficient to pay the principal of and interest on the bonds, as and when due and until paid in full. The principal shall be discharged within 15 years after the date of issue of the bonds.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 1, .... (year)”.

(d) (1) If an enabling act requires an equal matching fund, the fifth paragraph is as follows:

“(5) Prior to the payment of any funds under the provisions of this Act for the purposes set forth in Section 1(3) above, the grantee shall provide and expend a matching fund. No part of the grantee’s matching fund may be provided, either directly or indirectly, from funds of the State, whether appropriated or unappropriated. No part of the fund may consist of real property, in kind contributions, or funds expended prior to the effective date of this Act. In case of any dispute as to the amount of the matching fund or what money or assets may qualify as matching funds, the Board of Public Works shall determine the matter and the Board’s decision is final. The grantee has until June 1, ... (2 years from the effective date of the Act), to present evidence satisfactory to the Board of Public Works that a matching fund will be provided. If satisfactory evidence is presented, the Board shall certify this fact and the amount of the matching fund to the State Treasurer, and the proceeds of the loan equal to the amount of the matching fund shall be expended for the purposes provided in this Act. Any amount of the loan in excess of the amount of the matching fund certified by the Board of Public Works shall be canceled and be of no further effect.”.

(2) If an enabling act requires a lesser matching fund, the fifth paragraph is as follows:

“(5) Prior to the payment of any funds under the provisions of this Act for the purposes set forth in Section 1(3) above, the grantee shall provide and expend a matching fund of $ ..., (amount of the matching fund to be provided by the grantee). No part of the grantee’s matching fund may be provided, either directly or indirectly, from funds of the State, whether appropriated or unappropriated. No part of the fund may consist of real property, in kind contributions, or funds expended prior to the effective date of this Act. In case of any dispute as to the amount of the matching fund or what money or assets may qualify as matching funds, the Board of Public Works shall determine the matter and the Board’s decision is final. The grantee has until June 1, ... (2 years from the effective date of the Act), to present evidence satisfactory to the Board of Public Works that a matching fund will be provided. If satisfactory evidence is presented, the Board shall certify this fact to the State Treasurer, and the proceeds of the loan shall be expended for the purposes provided in this Act.”.

(e) An enabling act may also contain the following paragraph:

“The proceeds of the loan must be expended or encumbered by the Board of Public Works for the purposes provided in this Act no later than June 1, .... (7 years from the effective date of the Act). If any funds authorized by this Act remain unexpended or unencumbered after June 1, .... (7 years from the effective date of the Act), the amount of the unencumbered or unexpended authorization shall be canceled and be of no further effect. If bonds have been issued for the loan, the amount of unexpended or unencumbered bond proceeds shall be disposed of as provided in § 8-129 of the State Finance and Procurement Article.”.

(f) An enabling act under this section may contain:

(1) an additional provision for all or part of the principal of and interest on the State bonds issued under the enabling act to be paid primarily from sources of funds other than a State tax on assessable property; and

(2) any other additional provision that is appropriate to the purpose of the enabling act and the nature of State bonds.

§ 8-117 - Enabling acts [Effective October 1, 2013]. (Abrogation of amendment effective September 30, 2013.)

(a) In general. -- The General Assembly may authorize the Board to:

(1) borrow money for any public purpose; and

(2) issue State bonds to evidence the debt.

(b) Amount. -- An enabling act shall specify the total principal amount of the debt authorized by the enabling act.

(c) General form. -- An enabling act may take substantially the following form:

"A BILL ENTITLED

AN ACT concerning

Creation of a State Debt -- (Name of Project)

FOR the purpose of authorizing the creation of a State debt not to exceed
$......, (for an enabling act that requires an equal matching fund)/ in the
amount of $....., (for an enabling act that requires no matching fund or a
lesser matching fund) the proceeds to be used as a grant to ... (name of
grantee) for certain development or improvement purposes; providing for
disbursement of the loan proceeds, subject to the requirement that the grantee
provide and expend a matching fund (if the enabling act requires a matching
fund); and providing generally for the issuance and sale of bonds evidencing
the loan.

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, That:

(1) The Board of Public Works may borrow money and incur indebtedness on
behalf of the State of Maryland through a State loan to be known as the
(name of project) Loan of (year) equal to the lesser of (i) $ or (ii)
the amount of the matching fund provided in accordance with Section 1(5)
below. (For an enabling act that requires an equal matching fund)/ in the
total principal amount of @??@@lf5 (for an enabling act that requires no
matching fund or a lesser matching fund). This loan shall be evidenced by the
issuance, sale, and delivery of State general obligation bonds authorized by a
resolution of the Board of Public Works and issued, sold, and delivered in
accordance with §§ 8-117 through 8-124 and 8-131.2 of the State Finance and
Procurement Article .

(2) The bonds to evidence this loan or installments of this loan may be
sold as a single issue or may be consolidated and sold as part of a single
issue of bonds under § 8-122 of the State Finance and Procurement Article.

(3) The cash proceeds of the sale of the bonds shall be paid to the
Treasurer and first shall be applied to the payment of the expenses of
issuing, selling, and delivering the bonds, unless funds for this purpose are
otherwise provided, and then shall be credited on the books of the Comptroller
and expended, on approval by the Board of Public Works, for the following
public purposes, including any applicable architects' and engineers' fees: as
a grant to .... (name of grantee) (referred to hereafter in this Act as "the
grantee") (for an enabling act that requires a matching fund) for (here state
the purpose or purposes to which the proceeds of the bonds are to be applied).

(4) An annual State tax is imposed on all assessable property in the
State in rate and amount sufficient to pay the principal of and interest on
the bonds, as and when due and until paid in full. The principal shall be
discharged within 15 years after the date of issue of the bonds.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June
1, ... (year)".

(d) Equal matching fund provisions. --

(1) If an enabling act requires an equal matching fund, the fifth paragraph is as follows:

"(5) Prior to the payment of any funds under the provisions of this Act for
the purposes set forth in Section 1 (3) above, the grantee shall provide and
expend a matching fund. No part of the grantee's matching fund may be
provided, either directly or indirectly, from funds of the State, whether
appropriated or unappropriated. No part of the fund may consist of real
property, in kind contributions, or funds expended prior to the effective date
of this Act. In case of any dispute as to the amount of the matching fund or
what money or assets may qualify as matching funds, the Board of Public Works
shall determine the matter and the Board's decision is final. The grantee has
until June 1, ... (2 years from the effective date of the Act), to present
evidence satisfactory to the Board of Public Works that a matching fund will
be provided. If satisfactory evidence is presented, the Board shall certify
this fact and the amount of the matching fund to the State Treasurer, and the
proceeds of the loan equal to the amount of the matching fund shall be
expended for the purposes provided in this Act. Any amount of the loan in
excess of the amount of the matching fund certified by the Board of Public
Works shall be canceled and be of no further effect.".

(2) If an enabling act requires a lesser matching fund, the fifth paragraph is as follows:

"(5) Prior to the payment of any funds under the provisions of this Act for
the purposes set forth in Section 1 (3) above, the grantee shall provide and
expend a matching fund of $ ..., (amount of the matching fund to be provided
by the grantee). No part of the grantee's matching fund may be provided,
either directly or indirectly, from funds of the State, whether appropriated
or unappropriated. No part of the fund may consist of real property, in kind
contributions, or funds expended prior to the effective date of this Act. In
case of any dispute as to the amount of the matching fund or what money or
assets may qualify as matching funds, the Board of Public Works shall
determine the matter and the Board's decision is final. The grantee has until
June 1, ... (2 years from the effective date of the Act), to present evidence
satisfactory to the Board of Public Works that a matching fund will be
provided. If satisfactory evidence is presented, the Board shall certify this
fact to the State Treasurer, and the proceeds of the loan shall be expended
for the purposes provided in this Act.".

(e) Optional paragraph. -- An enabling act may also contain the following paragraph:

"The proceeds of the loan must be expended or encumbered by the Board of
Public Works for the purposes provided in this Act no later than June 1, ...
(7 years from the effective date of the Act). If any funds authorized by this
Act remain unexpended or unencumbered after June 1, ... (7 years from the
effective date of the Act), the amount of the unencumbered or unexpended
authorization shall be canceled and be of no further effect. If bonds have
been issued for the loan, the amount of unexpended or unencumbered bond
proceeds shall be disposed of as provided in § 8-129 of the State Finance and
Procurement Article.".

(f) Additional provisions. -- An enabling act under this section may contain:

(1) an additional provision for all or part of the principal of and interest on the State bonds issued under the enabling act to be paid primarily from sources of funds other than a State tax on assessable property; and

(2) any other additional provision that is appropriate to the purpose of the enabling act and the nature of State bonds.

(g) Capital project for hospital or institution of higher education. --

(1) An enabling act for a capital project that authorizes the creation of a State debt of at least $ 500,000 for a hospital or institution of higher education that is not subject to the reporting requirement under § 14-305 of this article shall include the following paragraph:

"On or before December 31 of any year in which the payment of any funds under the provisions of this Act for the purposes of a capital project as set forth in Section 1(3) above is made and on or before December 31 of the year following a year in which the payment of any funds under the provisions of this Act for the purposes set forth in Section 1(3) above is made, if the grantee is a hospital or institution of higher education that receives at least $ 500,000 under this Act and is not subject to the reporting requirement under § 14-305 of the State Finance and Procurement Article, the grantee shall submit a report to the Governor's Office of Minority Affairs on the extent to which the grantee has used, or will use, any part of the funds received under the provisions of this Act for contracts with minority-owned businesses and on any minority business outreach efforts."

(2) The Governor's Office of Minority Affairs shall provide a single form for all reports submitted under this subsection.

(3) On or before July 1 of each year, the Governor's Office of Minority Affairs shall report to the Senate Education, Health, and Environmental Affairs Committee and the House Health and Government Operations Committee, in accordance with § 2-1246 of the State Government Article, on the information submitted to the Governor's Office of Minority Affairs under this subsection.