US Laws, Codes, Statutes & Cases

      (a)      In this section, "Fund" means the Major Information Technology Development Project Fund.

      (b)      There is a Major Information Technology Development Project Fund.

      (c)      The purpose of the Fund is to support major information technology development projects.

      (d)      The Fund is a continuing, nonlapsing special fund that is not subject to § 7-302 of this article.

      (e)      Except as provided in subsection (f) of this section, the Fund consists of:

            (1)      all moneys appropriated in the State budget to the Fund;

            (2)      moneys received from the sale, lease, or exchange of communication sites or communication frequencies for information technology purposes as determined by the Chief and as approved by the Secretary;

            (3)      moneys received as commissions, rebates, refunds, rate reductions, or telecommunication bypass agreements resulting from information technology services or purchases;

            (4)      except as provided in subsection (f) of this section, that portion of moneys earned from pay phone commissions to the extent that the commission rates exceed those in effect in December 1993;

            (5)      any moneys received and accepted as gifts, contributions, or grants as authorized under subsection (h) of this section; and

            (6)      general funds appropriated for major information technology development projects of any unit of State government other than a public institution of higher education that:

                  (i)      are unencumbered and unexpended at the end of a fiscal year;

                  (ii)      have been abandoned; or

                  (iii)      have been withheld by the General Assembly or the Secretary.

      (f)      The Fund does not include any moneys:

            (1)      received by the Department of Transportation, Maryland Transportation Authority, or Maryland Public Broadcasting Commission;

            (2)      received by the Judicial or Legislative Branches of State government; or

            (3)      generated from pay phone commissions that are credited to other accounts or funds in accordance with other provisions of law or are authorized for other purposes in the budget or through an approved budget amendment.

      (g)      (1)      The State Treasurer shall hold and the State Comptroller shall account for the Fund.

            (2)      The Fund shall be invested and reinvested in the same manner as other State funds.

            (3)      Investment earnings shall accrue to the credit of the Fund.

      (h)      The Chief:

            (1)      shall administer the Fund in accordance with this section; and

            (2)      subject to the provisions of §§ 2-201 and 3-405 of this article, may receive and accept contributions, grants, or gifts of money or property.

      (i)      The Governor shall submit with the budget:

            (1)      a summary showing the unencumbered balance in the Fund as of the close of the prior fiscal year and a listing of any encumbrances;

            (2)      an estimate of projected revenue from each of the sources specified in subsection (e) of this section for the fiscal year for which the budget is submitted; and

            (3)      a descriptive listing of projects reflecting projected costs for the fiscal year for which the budget is submitted and any estimated future year costs.

      (j)      Expenditures from the Fund shall be made only:

            (1)      in accordance with an appropriation approved by the General Assembly in the annual State budget; or

            (2)      through an approved budget amendment under Title 7, Subtitle 2, Part II of this article, provided that a budget amendment for any project not requested as part of the budget submission or for any project for which the scope or cost has increased by more than 5% or $250,000 shall be submitted to the budget committees allowing a 30-day period for their review and comment.

      (k)      The Fund may be used for:

            (1)      major information technology development projects; or

            (2)      as provided in subsection (l) of this section.

      (l)      Notwithstanding subsection (c) of this section and except for the cost incurred in administering the Fund, each fiscal year up to $1 million of this Fund may be used for:

            (1)      educationally related information technology projects;

            (2)      application service provider initiatives as provided for in Title 9, Subtitle 22 of the State Government Article; and

            (3)      information technology projects, including:

                  (i)      pilots; and

                  (ii)      prototypes.

      (m)      A unit of State government or local government may submit a request to the Chief to support the cost of an information technology project with moneys under subsection (l) of this section.

      (n)      (1)      On or before November 1 of each year, the Chief shall report to the Governor and to the budget committees of the General Assembly and submit a copy of the report to the General Assembly in accordance with § 2-1246 of the State Government Article.

            (2)      The report shall include:

                  (i)      the financial status of the Fund and a summary of its operations for the preceding fiscal year;

                  (ii)      an accounting for the preceding fiscal year of all moneys from each of the revenue sources specified in subsection (e) of this section, including any expenditures made from the Fund; and

                  (iii)      for each project receiving moneys from the Fund in the preceding fiscal year and for each major information technology development project receiving funding from any source other than the Fund in the preceding fiscal year:

                        1.      the status of the project;

                        2.      a comparison of estimated and actual costs of the project;

                        3.      any known or anticipated changes in scope or costs of the project;

                        4.      an evaluation by the State chief information officer of whether the project is using best practices; and

                        5.      a summary of any monitoring and oversight of the project from outside the agency in which the project is being developed, including a description of any problems identified by any external review and any corrective actions taken.