Form DBM-OBA-1-88 "Dbm Gift/Grant Acceptance Form" - Maryland

What Is Form DBM-OBA-1-88?

This is a legal form that was released by the Maryland Department of Budget and Management - a government authority operating within Maryland. As of today, no separate filing guidelines for the form are provided by the issuing department.

Form Details:

  • Released on September 1, 1996;
  • The latest edition provided by the Maryland Department of Budget and Management;
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Number: 02.01.08 Effective Date 11/1/96
MARYLAND DEPARTMENT
Section: DBM Procedure
OF
BUDGET AND MANAGEMENT
Subject: Gifts and Grants Acceptance Policies and
MANUAL
Procedures
I.
PURPOSE
This directive prescribes procedures for the acceptance by Executive Branch agencies of gifts
and grants, excluding Federal grants. This procedure replaces the procedure issued on April
26, 1989.
II.
DEFINITIONS
In this directive, the following words have the meanings indicated.
A.
“Agency Head” means the secretary of a principal department of State government or the head
of an independent agency.
B.
“Aircraft” means any motorized device used or designed for navigation or flight in the air.
C.
“Department” means the Department of Budget and Management.
D.
“Directive” means this DBM procedure on gift and grant acceptance.
E.
“Federal Grant” means, for purposes of this regulation, includes funds or monies given by the
Federal Government or its agencies to the State or any of its officials or units for a specific
purpose.
F.
“Gift” includes an inter vivos gift, inter vivos endowment, bequest, devise, legacy, or
testamentary endowment of any interest in real or personal property. (Article 1 ∋22 of the
Annotated Code of Maryland)
G.
“Grants” means the bestowing of a power, money, privilege, property, or other item of value
that may be conditional, although without other considerations, by another party upon the
State.
H.
“Real Property” includes land, and any interest or estate therein, or any right or easement
affecting the same, including an oil or gas leasehold interest. It includes all buildings or other
things erected upon or affixed to the land, and permanent fixtures, such as heavy machinery,
that are firmly fixed and are not easily removable.
I.
“Secretary” means the Secretary of Budget and Management.
J.
“Vehicle” means any motorized device in or by which any person or property may be
transported or towed on a roadway, and includes farm and construction vehicles.
K.
“Vessel” means every description of watercraft, other than a seaplane, that may be used for
transportation on water or ice. Iceboats are regarded as watercraft. The term includes the
vessel’s motor, spars, sails, and accessories.
Number: 02.01.08 Effective Date 11/1/96
MARYLAND DEPARTMENT
Section: DBM Procedure
OF
BUDGET AND MANAGEMENT
Subject: Gifts and Grants Acceptance Policies and
MANUAL
Procedures
I.
PURPOSE
This directive prescribes procedures for the acceptance by Executive Branch agencies of gifts
and grants, excluding Federal grants. This procedure replaces the procedure issued on April
26, 1989.
II.
DEFINITIONS
In this directive, the following words have the meanings indicated.
A.
“Agency Head” means the secretary of a principal department of State government or the head
of an independent agency.
B.
“Aircraft” means any motorized device used or designed for navigation or flight in the air.
C.
“Department” means the Department of Budget and Management.
D.
“Directive” means this DBM procedure on gift and grant acceptance.
E.
“Federal Grant” means, for purposes of this regulation, includes funds or monies given by the
Federal Government or its agencies to the State or any of its officials or units for a specific
purpose.
F.
“Gift” includes an inter vivos gift, inter vivos endowment, bequest, devise, legacy, or
testamentary endowment of any interest in real or personal property. (Article 1 ∋22 of the
Annotated Code of Maryland)
G.
“Grants” means the bestowing of a power, money, privilege, property, or other item of value
that may be conditional, although without other considerations, by another party upon the
State.
H.
“Real Property” includes land, and any interest or estate therein, or any right or easement
affecting the same, including an oil or gas leasehold interest. It includes all buildings or other
things erected upon or affixed to the land, and permanent fixtures, such as heavy machinery,
that are firmly fixed and are not easily removable.
I.
“Secretary” means the Secretary of Budget and Management.
J.
“Vehicle” means any motorized device in or by which any person or property may be
transported or towed on a roadway, and includes farm and construction vehicles.
K.
“Vessel” means every description of watercraft, other than a seaplane, that may be used for
transportation on water or ice. Iceboats are regarded as watercraft. The term includes the
vessel’s motor, spars, sails, and accessories.
III. POLICY
It is the policy of the Department to ensure that all Executive Branch units comply with
Section 2-201 of the State Finance and Procurement Article, which provides:
∋2-201. Gifts.
“Gift” is defined. – In this section, “gift” has the meaning stated in Article 1, ∋22 of
(a)
the Code.
(b)
Assent to acceptance. – Except as otherwise expressly provided by law, an officer
or unit of the State government may not spend any money that derives from a gift
until the governor assents to the acceptance of the gift.
(c)
Use; spending (unappropriated) money. – If the Governor assents to the acceptance
of a gift by an officer or unit, the officer or unit may use the gift in accordance with
its terms. If the gift is money or generates money, the officer or unit may not spend
the money until it is appropriated as provided in Title 7.
IV. SCOPE
A.
General
Except as otherwise expressly provided by law, this Directive applies to all officers and units
of the Executive Branch of State government.
B.
EXCLUSIONS
This Directive does not apply to:
1. An officer or unit of the Executive branch of State government vested with independent
constitutional or statutory authority to assent to the acceptance of a Gift or Grant.
2. Federal Grants.
3. Any Gift or grant to a State institution of higher education.
4. Any Gift or Grant to the Maryland Public Broadcasting Commission from the Maryland
Public Broadcasting Foundation, Inc.
5. Renumeration received as a result of a contract for a product or service.
Items 1-5, above, will continue to be processed through the regular budget and budget
amendment appropriation processes.
C.
Restrictions
An officer or unit may not spend Gifts or Grants of funds or funds derived from any Gift or
Grant, regardless of value, unless those funds have been anticipated and appropriated by the
budget, or have been appropriated by an approved budget amendment.
V.
RESPONSIBILITIES
This section describes the rights, privileges, and duties of the Secretary and the Agency Heads
under the provisions of this Directive.
A.
Secretary
Pursuant to a delegation of authority by the Governor, the Secretary may, on behalf of the
Governor, assent to the acceptance of any Gift or Grant under the provisions of Section 2-201 of the
State Finance and Procurement Article. In implementing this delegation, the Secretary:
1. May approve or disapprove a State agency request to accept a Gift or Grant.
2. Will provide the Governor with a full accounting of all Gifts and Grants accepted with
values of $1,000 or greater upon the request of the Governor or the Governor’s designee.
3. Will use discretion to selectively forward to the Governor any extraordinary Gifts and
Grants that the Governor may wish to personally accept.
B.
Agency Heads
1. The Agency Head may accept on behalf of the agency any Gift or Grant that does not
require the Secretary’s prior approval as set forth in Section VI.A.1 of this directive.
2. The Agency Head shall ensure that any Gift or Grant accepted by the agency is used in
accordance with its terms.
3. Agency Heads must send donors written acknowledgment of acceptance of Gifts and
Grants, and must maintain copies of these acknowledgments in a file for at least three full
fiscal years. (In the case of anonymous gifts or donors, who have not provided a mailing
address, a memo should be placed in the file in lieu of an acknowledgment). The
department shall be granted access to this file upon request.
VI.
PROCEDURES
Pursuant to this Directive, Executive Branch agencies shall comply with the following
procedures:
A.
Gift Acceptance Requiring the Secretary’s Approval
1. The Secretary’s approval is required for the acceptance by the agency of:
a.
Any Gift or Grant valued at $50,000 or more;
b.
Any Gift or Grant valued at less than $50,000 that entails an estimated initial or
annual cost to the State of $5,000 or more; and
c.
Regardless of value, any Gift or Grant of:
(1)
an aircraft;
(2)
a vehicle;
(3)
a vessel; or
(4)
real property.
2. For each Gift or Grant requiring the Secretary’s approval, the Agency Head shall submit a
completed and signed Form DBM-OBA-1-88 to the Secretary (ATTN: Executive Director
of Budget Analysis) for review and signature.
B.
Gift or Grant Acceptance Under Agency Head Authority
For those Gifts and Grants with a value of $1,000 or more that do not require DBM approval,
the Agency Head shall:
1. Complete and sign a copy of Form DBM-OBA-1-88;
2. Retain the executed Form DBM-OBA-1-88 for at least three (3) full fiscal years following
the agency’s acceptance of the Gift or Grant; and
3. Submit to the Secretary (ATTN: Executive Director of Budget Analysis) a copy of the
executed Form DBM-OBA-1-88 within fifteen (15) working days after the end of the fiscal
year.
DBM Control No. ______________
DBM GIFT/GRANT ACCEPTANCE FORM
A.
AGENCY INFORMATION
1.
Agency requesting acceptance of gift:
____________________________________
2.
Agency/Program Budget Code:
____________________________________
3.
Agency point-of-contact:
__________________________________________
(Name)
(Phone)
__________________________________________
(Title)
B.
DESCRIPTION OF GIFT/GRANT
1.
Type of Gift/Grant:
_____ Aircraft
_____ Vehicle
_____ Info.Proc.Equip.
_____ Vessel
_____ Personal Property
_____ Other
_____ Real Property
_____ Funds - Specify object to
which funds will be applied:
_______________________
2.
In the space below, provide any other appropriate information which describes the nature and
condition of the gift/grant such as: brand name, reference numbers, serial and model numbers,
condition, dimensions, color, legal description of real property, etc. Attach or include any relevant
documents from the donor/grantor.
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
___________________________________________
C.
DONOR/GRANTOR
1.
Name:__________________________________________________________________
2.
Address:________________________________________________________________
3.
Telephone:__________________________ ___________________________________
(Work)
(Home)
D.
VALUE OF GIFT
1.
Estimated/actual value of gift/grant (dollar amount):
$_________________
2.
Method of determining value (appraisal, purchase price, etc.):
________________________________________________________________________
3.
Person/entity determining value:
________________________ ________________
(Name)
(Phone)
DBM-OBA-1-88
Revised 9/96
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