{"data":{"id":"us-md/md.-code-state-finance-and-procurement-2-211","jurisdiction":"us-md","citation":"Md. Code, State Finance and Procurement § 2–211","heading":"","body":"(a) (1) In this section the following words have the meanings indicated.\n(2) (i) “Grant” means a legal instrument of financial assistance between a State grant–making entity and a nonprofit organization exempt from taxation under § 501(c) of the Internal Revenue Code that is:\n1. used to enter into a relationship the principal purpose of which is to transfer anything of value from the State grant–making entity to the grant recipient to carry out a public purpose authorized by law and not to acquire property or services for the direct benefit or use of the State grant–making entity;\n2. used to provide for one or more payments in reimbursement for services or other performance under the agreement on a scheduled or other incremental basis;\n3. distinguished from a cooperative agreement in that it does not provide for substantial involvement between the State grant–making entity and the grant recipient in carrying out the activity contemplated by the award; and\n4. executed, renewed, or extended on or after June 1, 2023.\n(ii) “Grant” does not include an instrument that provides only:\n1. direct government cash assistance to an individual;\n2. a subsidy;\n3. a loan;\n4. a loan guarantee;\n5. insurance; or\n6. State funding that is required annually and is calculated through a formula set in statute.\n(3) “Payment” includes all required processing and authorization by the Comptroller, as provided under State regulations.\n(4) “Proper invoice” means a bill, a written document, or an electronic transmission readable by the State grant–making entity, provided by a grant recipient, that:\n(i) requests an amount that is due and payable by law under a written grant agreement; and\n(ii) meets the requirements of subsection (e) of this section.\n(b) This section does not apply to grants:\n(1) made by a unit in the Judicial Branch of State government; or\n(2) funded from general obligation bond proceeds or from a General Fund capital appropriation to the Board of Public Works.\n(c) It is the policy of the State to make a payment under a grant agreement within 37 days after:\n(1) the day on which the payment becomes due under the grant agreement; or\n(2) if later, the day on which the State grant–making entity receives a proper invoice.\n(d) (1) Except as provided in paragraph (3) of this subsection, a grant–making entity shall be liable for interest that shall accrue at the rate of 9% a year on any amount:\n(i) that is due and payable by law and under a written grant agreement; and\n(ii) for which the grant–making entity has received, and failed to submit to the Comptroller within 30 days of its receipt, a proper invoice.\n(2) Interest shall accrue beginning on the 38th day after the day on which the State grant–making entity receives a proper invoice.\n(3) A State grant–making entity is not liable for interest:\n(i) unless within 30 days after the date on the State’s check for the amount on which the interest accrued, the grant recipient submits an invoice for the interest;\n(ii) if the State grant–making entity has initiated legal proceedings to dispute the amount owed to the grant recipient;\n(iii) accruing more than 1 year after the 31st day after the State grant–making entity receives an invoice; or\n(iv) on an amount that represents unpaid interest.\n(4) Interest for which a State grant–making entity is liable under this subsection:\n(i) shall be paid from the State grant–making entity’s operating budget; and\n(ii) may not be paid from funds appropriated to fund a grant.\n(e) A proper invoice, required as payment documentation, shall include without error:\n(1) the grant recipient’s federal employer identification number or Social Security number;\n(2) the grant agreement identification number or another adequate description of the grant agreement; and\n(3) any documentation required by regulation or the grant agreement.\n(f) For the purposes of determining a payment due date and the date on which interest will begin to accrue if a payment is late, an invoice shall be deemed to be received:\n(1) for invoices that are mailed, when a proper invoice is received by the State grant–making entity, as of the date the State grant–making entity annotates the invoice with the date and time of receipt; or\n(2) for invoices electronically transmitted, on the date the transmission is received by the State grant–making entity, or the next business day if received after 5 p.m.\n(g) (1) On receipt of an invoice, a State grant–making entity shall:\n(i) mark the invoice with the date the invoice was received; and\n(ii) review the invoice as soon as practicable to determine whether the invoice is a proper invoice.\n(2) If the State grant–making entity determines that the invoice is a proper invoice and submits the invoice to the Comptroller, the Comptroller shall make payment within 5 business days.\n(3) (i) If the State grant–making entity determines that the invoice is not a proper invoice, the State grant–making entity shall notify the grant recipient of all defects that prevent processing and specify all reasons why the invoice is not proper within 2 business days after the determination.\n(ii) It is the responsibility of the grant recipient to submit a corrected invoice.\n(4) State grant–making entities:\n(i) may use media that produce tangible recordings of information to expedite the payment process, rather than delaying the process by requiring original paper documents; and\n(ii) shall provide adequate safeguards and controls to ensure the integrity of the data and to prevent duplicate processing.\n(5) Failure by a State grant–making entity to comply with the procedural requirements of this subsection does not constitute a late payment.\n(6) This section does not create liability on the Comptroller for interest accrued on a late payment.","path":["Article - State Finance and Procurement"],"source_url":"https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gsf\u0026section=2-211","current_through":"2026-01-01","vintage":"","retrieved_at":"2026-09-14T20:00:48Z","sha256":"398601bdb15d56cefe5e55b5d063268cb8d0d3e03739a260e1beb394e78e227f","source_id":"us-md","stale":false,"prev":"us-md/md.-code-state-finance-and-procurement-2-210","next":"us-md/md.-code-state-finance-and-procurement-2-301"},"notice":"GroundRules: Original legal text. Not legal advice."}