<?xml version='1.0' encoding='utf-8'?>
<subtitle article="glg" title_number="16" subtitle_number="3" title_name="In General" subtitle_name="Uniform System of Financial Reporting">
  <section article="glg" article_name="Local Government" number="16-301" title_number="16" title_name="In General" subtitle_number="3" subtitle_name="Uniform System of Financial Reporting">
    <text>Each county, municipality, and special taxing district shall adopt the fiscal year specified in § 16–101 of this title as its period for recording and reporting its fiscal transactions.</text>
  </section>
  <section article="glg" article_name="Local Government" number="16-302" title_number="16" title_name="In General" subtitle_number="3" subtitle_name="Uniform System of Financial Reporting">
    <text>Each county, municipality, and special taxing district shall maintain its financial records by a method that allows for the recording and reporting of all information contained in them for the fiscal year adopted under § 16–301 of this subtitle.</text>
  </section>
  <section article="glg" article_name="Local Government" number="16-303" title_number="16" title_name="In General" subtitle_number="3" subtitle_name="Uniform System of Financial Reporting">
    <level label="a">
      <text>Each county, municipality, and special taxing district shall maintain the uniform system of financial reporting established by the Department of Legislative Services.</text>
    </level>
    <level label="b">
      <text>If a county, municipality, or special taxing district does not comply with subsection (a) of this section, the Comptroller, after notice from the Executive Director of the Department of Legislative Services of the noncompliance, may order the discontinuance of all money, grants, or State aid that the county, municipality, or special taxing district is entitled to receive under State law, including money from:</text>
      <level label="1">
        <text>the income tax;</text>
      </level>
      <level label="2">
        <text>the tax on racing;</text>
      </level>
      <level label="3">
        <text>the recordation tax;</text>
      </level>
      <level label="4">
        <text>the admissions and amusement tax; and</text>
      </level>
      <level label="5">
        <text>the license tax.</text>
      </level>
    </level>
  </section>
  <section article="glg" article_name="Local Government" number="16-304" title_number="16" title_name="In General" subtitle_number="3" subtitle_name="Uniform System of Financial Reporting">
    <level label="a">
      <level label="1">
        <text>Except as provided in paragraph (2) of this subsection, on or before October 31 after the close of its fiscal year, each county, municipality, and special taxing district shall file with the Department of Legislative Services a financial report for that fiscal year.</text>
      </level>
      <level label="2">
        <level label="i">
          <text>A county, municipality, or special taxing district with a population of over 400,000 may file its financial report on or before December 31 after the close of its fiscal year.</text>
        </level>
        <level label="ii">
          <text>Unless subparagraph (i) of this paragraph applies, Howard County may file its financial report on or before November 30 after the close of its fiscal year.</text>
        </level>
        <level label="iii">
          <text>Allegany County, Calvert County, Caroline County, Cecil County, Charles County, Frederick County, Garrett County, Queen Anne’s County, St. Mary’s County, Somerset County, Talbot County, and Wicomico County may file the county’s financial report on or before December 31 after the close of the county’s fiscal year.</text>
        </level>
      </level>
    </level>
    <level label="b">
      <text>The financial report required under subsection (a) of this section shall be:</text>
      <level label="1">
        <text>prepared on the form established by the Department of Legislative Services; and</text>
      </level>
      <level label="2">
        <text>verified by the chief executive officer of the county, municipality, or special taxing district.</text>
      </level>
    </level>
    <level label="c">
      <text>If a county, municipality, or special taxing district does not comply with subsection (a) of this section, the Comptroller, on notice from the Executive Director of the Department of Legislative Services, may order the discontinuance of all money, grants, or State aid that the county, municipality, or special taxing district is entitled to receive under State law, including money from:</text>
      <level label="1">
        <text>the income tax;</text>
      </level>
      <level label="2">
        <text>the tax on racing;</text>
      </level>
      <level label="3">
        <text>the recordation tax;</text>
      </level>
      <level label="4">
        <text>the admissions and amusement tax; and</text>
      </level>
      <level label="5">
        <text>the license tax.</text>
      </level>
    </level>
  </section>
  <section article="glg" article_name="Local Government" number="16-305" title_number="16" title_name="In General" subtitle_number="3" subtitle_name="Uniform System of Financial Reporting">
    <level label="a">
      <text>Except as provided in subsection (b) of this section, each county, municipality, and special taxing district created by the State shall have its financial records audited at least once each fiscal year by the persons and for the purposes specified in this section and §§ 16–307 and 16–308 of this subtitle.</text>
    </level>
    <level label="b">
      <level label="1">
        <text>Unless the Legislative Auditor determines, on a case–by–case basis, that more frequent audits are required, the Legislative Auditor may authorize a municipality or a special taxing district created by the State with annual revenues of less than $250,000 in the prior 4 fiscal years to have an audit conducted once every 4 years.</text>
      </level>
      <level label="2">
        <text>Notwithstanding paragraph (1) of this subsection and except as provided in subsection (e) of this section, a municipality is exempt from the audit requirements of subsection (a) of this section for any fiscal year in which the municipal annual revenues are less than $100,000.</text>
      </level>
    </level>
    <level label="c">
      <level label="1">
        <text>The audit required under subsection (a) of this section shall be conducted by a certified public accountant:</text>
        <level label="i">
          <text>acting in the capacity of an independent auditor or an official auditor of a county or municipality; and</text>
        </level>
        <level label="ii">
          <text>who is in compliance with the Maryland Public Accountancy Act.</text>
        </level>
      </level>
      <level label="2">
        <text>An official auditor must be approved by the Legislative Auditor to conduct the audit.</text>
      </level>
      <level label="3">
        <text>In conducting the audit, the auditor shall examine the methods, accuracy, and legality of the financial records of the county, municipality, or special taxing district.</text>
      </level>
    </level>
    <level label="d">
      <level label="1">
        <text>On the initiative of the Legislative Auditor, the Legislative Auditor may review or audit the financial records of any county, municipality, or special taxing district created by the State.</text>
      </level>
      <level label="2">
        <text>A county, municipality, or special taxing district created by the State may request the Legislative Auditor to audit its financial records.</text>
      </level>
    </level>
    <level label="e">
      <level label="1">
        <text>An audit exemption for a municipality under subsection (b)(2) of this section does not affect the requirement of that municipality to file with the Department of Legislative Services a financial report in accordance with § 16–304 of this subtitle.</text>
      </level>
      <level label="2">
        <text>If the financial report submitted in accordance with § 16–304 of this subtitle by a municipality that has an audit exemption under subsection (b)(2) of this section indicates a financial or accounting irregularity or concern, the Joint Audit and Evaluation Committee may request or require the municipality to conduct a review or audit of its financial records consistent with the requirements of subsection (c) of this section.</text>
      </level>
    </level>
  </section>
  <section article="glg" article_name="Local Government" number="16-306" title_number="16" title_name="In General" subtitle_number="3" subtitle_name="Uniform System of Financial Reporting">
    <level label="a">
      <text>The county, municipality, or special taxing district shall report the results of the audit required under § 16–305 of this subtitle to the Legislative Auditor:</text>
      <level label="1">
        <text>on the form and in the manner that the Legislative Auditor requires; and</text>
      </level>
      <level label="2">
        <text>on or before the date the financial report of the county, municipality, or special taxing district must be filed under § 16–304(a) of this subtitle.</text>
      </level>
    </level>
    <level label="b">
      <text>An audit report filed by a county, municipality, or special taxing district with the Legislative Auditor shall include financial statements of the county, municipality, or special taxing district that are:</text>
      <level label="1">
        <text>prepared in accordance with generally accepted accounting principles; and</text>
      </level>
      <level label="2">
        <text>audited in accordance with generally accepted auditing standards.</text>
      </level>
    </level>
    <level label="c">
      <text>An audit report filed with the Legislative Auditor is a public record.</text>
    </level>
    <level label="d">
      <text>Except as provided in subsection (e) of this section, if a county, municipality, or special taxing district does not comply with subsection (a) or (b) of this section, the Comptroller, on notice from the Executive Director of the Department of Legislative Services, may order the discontinuance of all money, grants, or State aid that the county, municipality, or special taxing district is entitled to receive under State law that are distributed by the Comptroller, the clerks of the court, or any other unit of State government.</text>
    </level>
    <level label="e">
      <level label="1">
        <text>Subject to paragraph (2) of this subsection, if a county, municipality, or special taxing district does not comply with subsection (a) or (b) of this section within 2 calendar years after the deadline described in subsection (a)(2) of this section, the Executive Director of the Department of Legislative Services shall notify the Comptroller and the Comptroller shall order the discontinuance of 20% of all State aid for the current fiscal year for highway user revenues and disparity grants that the county, municipality, or special taxing district is otherwise entitled to receive under State law that is distributed by the Comptroller, the clerks of the court, or any other unit of State government.</text>
      </level>
      <level label="2">
        <level label="i">
          <text>A discontinuance of funds under paragraph (1) of this subsection shall remain in effect for a county, municipality, or special taxing district until the county, municipality, or special taxing district submits the audit report required under this section.</text>
        </level>
        <level label="ii">
          <level label="1">
            <text>Subject to subsubparagraph 2 of this subparagraph, the Executive Director of the Department of Legislative Services shall notify the Comptroller and the Comptroller shall order the reinstatement of the funds discontinued under paragraph (1) of this subsection promptly after the county, municipality, or special taxing district submits the audit report required under this section.</text>
          </level>
          <level label="2">
            <level label="A">
              <text>If a reinstatement of funds is ordered under subsubparagraph 1 of this subparagraph, only the discontinued funds for the current fiscal year shall be released.</text>
            </level>
          </level>
          <level label="B">
            <text>If a county, municipality, or special taxing district failed to submit the audit report required under this section in the same fiscal year in which it was due, the discontinued funds for that fiscal year shall revert to the General Fund of the State for discontinued disparity grants and to the Transportation Trust Fund for discontinued highway user revenues.</text>
          </level>
        </level>
      </level>
    </level>
  </section>
  <section article="glg" article_name="Local Government" number="16-307" title_number="16" title_name="In General" subtitle_number="3" subtitle_name="Uniform System of Financial Reporting">
    <level label="a">
      <level label="1">
        <text>Each year the Legislative Auditor shall:</text>
        <level label="i">
          <text>review the audit reports required under § 16–306 of this subtitle; and</text>
        </level>
        <level label="ii">
          <text>make a full and detailed written report to the Comptroller and, in accordance with § 2–1257 of the State Government Article, the Executive Director of the Department of Legislative Services on the result of the audit of the financial records of each county, municipality, and special taxing district created by the State.</text>
        </level>
      </level>
      <level label="2">
        <text>The report may include recommendations that the Legislative Auditor considers advisable relating to:</text>
        <level label="i">
          <text>methods of bookkeeping;</text>
        </level>
        <level label="ii">
          <text>changes in the uniform system of financial reporting; and</text>
        </level>
        <level label="iii">
          <text>changes in the reports of the counties, municipalities, and special taxing districts.</text>
        </level>
      </level>
    </level>
    <level label="b">
      <level label="1">
        <text>In conducting the review required under subsection (a) of this section, the Legislative Auditor may review the work papers and other documentation of the auditor who filed the audit report.</text>
      </level>
      <level label="2">
        <text>The Legislative Auditor may refer audit reports, work papers, or other documentation reviewed by the Legislative Auditor to the State Board of Public Accountancy for action required by the Maryland Public Accountancy Act.</text>
      </level>
    </level>
    <level label="c">
      <text>The Legislative Auditor shall report any violation of this subtitle by a county, municipality, or special taxing district created by the State to the Comptroller and, in accordance with § 2–1257 of the State Government Article, to the Executive Director of the Department of Legislative Services.</text>
    </level>
  </section>
  <section article="glg" article_name="Local Government" number="16-308" title_number="16" title_name="In General" subtitle_number="3" subtitle_name="Uniform System of Financial Reporting">
    <level label="a">
      <text>Each county shall adopt uniform rules and regulations for the auditing of the financial records of each special taxing district created by the county that:</text>
      <level label="1">
        <text>receives money collected by the county from a county property tax imposed at the request of the special taxing district;</text>
      </level>
      <level label="2">
        <text>has annual expenditures exceeding $250,000; and</text>
      </level>
      <level label="3">
        <text>has money disbursed and expended independently of the county government.</text>
      </level>
    </level>
    <level label="b">
      <text>At a minimum, the rules and regulations required under subsection (a) of this section shall require the audit to:</text>
      <level label="1">
        <text>be conducted by:</text>
        <level label="i">
          <text>a certified public accountant:</text>
          <level label="1">
            <text>acting in the capacity of an independent auditor or an official auditor of the county; and</text>
          </level>
          <level label="2">
            <text>who is in compliance with the Maryland Public Accountancy Act; or</text>
          </level>
        </level>
        <level label="ii">
          <text>an auditing committee approved by the official auditor of the county;</text>
        </level>
      </level>
      <level label="2">
        <text>determine if tax funds have been received, deposited, and disbursed in accordance with approved appropriations and State and local law;</text>
      </level>
      <level label="3">
        <text>include the following financial statements:</text>
        <level label="i">
          <text>a balance sheet;</text>
        </level>
        <level label="ii">
          <text>a statement of revenues;</text>
        </level>
        <level label="iii">
          <text>a statement of expenditures and encumbrances; and</text>
        </level>
        <level label="iv">
          <text>a statement of changes in fund balance; and</text>
        </level>
      </level>
      <level label="4">
        <text>be completed and filed with the appropriate county officials not later than 90 days after the close of the fiscal year.</text>
      </level>
    </level>
    <level label="c">
      <text>For a special taxing district that is created by the county and has annual expenditures of less than $250,000, the county shall require:</text>
      <level label="1">
        <text>an annual financial report; and</text>
      </level>
      <level label="2">
        <text>an audit every 4 years unless the county determines, on a case–by–case basis, that more frequent audits are required.</text>
      </level>
    </level>
    <level label="d">
      <text>If a special taxing district subject to subsection (a) or (c) of this section does not file a financial report or audit report required by the county, the county may withhold the distribution of taxes imposed on behalf of the special taxing district until the report is received.</text>
    </level>
    <level label="e">
      <level label="1">
        <text>When a county files its audit report with the Legislative Auditor as required by § 16–306 of this subtitle, the county also shall submit:</text>
        <level label="i">
          <text>a copy of each financial report and audit report received from each special taxing district subject to subsection (a) or (c) of this section; and</text>
        </level>
        <level label="ii">
          <text>a report on the results of the county’s review of each special taxing district’s compliance with this section.</text>
        </level>
      </level>
      <level label="2">
        <text>The Legislative Auditor shall:</text>
        <level label="i">
          <text>review the financial reports, audit reports, and other information received from each county; and</text>
        </level>
        <level label="ii">
          <text>submit recommendations as appropriate based on the results of the review.</text>
        </level>
      </level>
    </level>
  </section>
  <section article="glg" article_name="Local Government" number="16-309" title_number="16" title_name="In General" subtitle_number="3" subtitle_name="Uniform System of Financial Reporting">
    <level label="a">
      <text>If the Legislative Auditor audits the financial records of a county, municipality, or special taxing district as provided in this subtitle, the county, municipality, or special taxing district shall pay the costs of the audit.</text>
    </level>
    <level label="b">
      <level label="1">
        <text>As soon as practical after completing an audit, the Legislative Auditor shall certify the total costs of the audit to the appropriate official of the county, municipality, or special taxing district.</text>
      </level>
      <level label="2">
        <text>On receipt of the certification of costs, the official of the county, municipality, or special taxing district shall pay the Comptroller.</text>
      </level>
    </level>
  </section>
</subtitle>