(a)   (1)   Except as provided in paragraph (2) of this subsection, each county,
incorporated city or town and taxing district created by and situated
within the State shall have its books, accounts, records and reports
examined at least once during each fiscal year by the persons and for
the purposes specified in this section. The examination shall be made
by a certified public accountant in the capacity of either an
independent auditor or official auditor of any county or incorporated
city. The auditor shall be in compliance with the provisions of the
Maryland Public Accountancy Act. The official auditor shall be approved
by the Legislative Auditor for the purposes specified in this section.
On such examination, inquiry shall be made into the methods, accuracy
and legality of the accounts, records, files and reports of each
county, incorporated city or town and taxing district. The Legislative
Auditor upon his own initiative may review or audit the books, records
and reports of any county, incorporated city or town or taxing
district. Any county, incorporated city or town or taxing district may
request the Legislative Auditor to audit its books, records and
reports. If the request is approved, the costs of the examination shall
be borne by the auditee. The results of the audit shall be reported,
subject to § 2-1246 of the State Government Article, to the
Legislative Auditor on such form or forms and in such manner as the
Legislative Auditor may prescribe. This report shall be made to the
Legislative Auditor by November 1 after the close of the fiscal year,
except that the report may be made to the Legislative Auditor by
January 1 after the close of the fiscal year for a county, incorporated
city or town or taxing district having a population of more than
400,000. An audit report filed with the Legislative Auditor is a public
record under the provisions of § 10-611 of the State Government
Article. Each year the Legislative Auditor shall review the audit
reports submitted and shall make a full and detailed report in writing
to the State Comptroller and, subject to § 2-1246 of the State
Government Article, to the Executive Director of the State Department
of Legislative Services of the result of the examination of the books,
accounts, records and reports of each county, incorporated city or town
and taxing district, together with such suggestions as he may think
advisable to be made with respect to methods of bookkeeping, changes in
the uniform system of financial reporting and changes in the reports of
the counties, incorporated cities or towns and taxing districts. In
conducting the reviews specified in this section, the Legislative
Auditor may review the working papers and other documentation of the
auditor. As a result of the Legislative Auditor's reviews, audit
reports, working papers, or other documentation may be referred to the
State Board of Public Accountancy for action as prescribed in the
Maryland Public Accountancy Act. It shall also be the duty of the
Legislative Auditor to report all violations by any county,
incorporated city or town and taxing district of the requirement and
provisions specified in the sections of this subtitle to the State
Comptroller and, subject to § 2-1246 of the State Government Article,
to the Executive Director of the State Department of Legislative
Services. Should any county or incorporated city or town or taxing
district fail or refuse to file the audit reports as provided in this
section with the Legislative Auditor within the time prescribed or fail
or refuse to submit an audit report including financial statements that
have been prepared in accordance with generally accepted accounting
principles and audited in accordance with generally accepted auditing
standards, the State Comptroller, acting upon the advice of the
Executive Director of the State Department of Legislative Services,
shall be authorized to order the discontinuance of payment of all
funds, grants, or State aid which the county, incorporated city or town
or taxing district is entitled to receive under State law. This
provision shall have specific reference to all funds, grants, or State
aid which the county, incorporated city or town or taxing district is
entitled to receive under applicable provisions of State law
distributed by the State Comptroller, the clerks of the court, or other
units of State government.
    (2)   Unless the Legislative Auditor determines, on a case-by-case basis,
that more frequent audits are required, the Legislative Auditor may
authorize an incorporated city or town or taxing district created by
the State with annual revenues of less than $50,000 in the prior 4
fiscal years to have an audit conducted once every 4 years.
  (b)   Each county shall establish uniform rules and regulations for the
examination and auditing of the books, accounts, and records of every
special taxing district created by and situated within the county
which:
    (1)   Is not subject to the provisions of subsection (a) of this section;
    (2)   Receives moneys which were collected by the county from a county
property tax levy imposed at the request of the special taxing
district;
    (3)   Has annual expenditures of over $50,000; and
    (4)   Has moneys disbursed and expended by a person or body independent of
the county government.
  (c)   At a minimum, the rules and regulations required by subsection (b) of
this section shall provide for the examination and audit to:
    (1)   Be conducted by a certified public accountant in the capacity of either
an independent auditor or official auditor of the county who shall be
in compliance with the provisions of the Maryland Public Accountancy
Act or by an auditing committee approved by the official auditor of the
county;
    (2)   Determine whether tax funds have been received, deposited and disbursed
in accordance with approved appropriations and State and local law;
    (3)   Include the following financial statements:
      (i)   Balance sheet;
      (ii)   Statement of revenues;
      (iii)   Statement of expenditures and encumbrances; and
      (iv)   Statement of changes in fund balance; and
    (4)   Be completed and filed with the appropriate county officials not later
than 90 days following the close of the fiscal year.
  (d)   For a special district created by and situated within the county with
annual expenditures of less than $50,000, the county shall require
annual financial reports and shall require an audit every 4 years,
unless the county determines, on a case-by-case basis, that more
frequent audits are required.
  (e)   If a special district subject to subsection (b) or (d) of this section
does not submit a financial report or audit report as required by the
county, the county may withhold the distributions of taxes imposed on
behalf of the special district until the financial report and/or audit
report is received.
  (f)   At the time it forwards its audit report to the Legislative Auditor,
the county also shall forward copies of all audit reports and financial
reports received from the special districts subject to subsection (b)
or (d) of this section, together with a separate report to the
Legislative Auditor on the results of the county's review of each
district's compliance with the provisions of subsections (b) through
(e) of this section. The Legislative Auditor shall review the audit
reports and information received from the county and submit
recommendations as appropriate based on the results of the review.
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