There is a Department of Budget and Management, established as a principal department of the State government.

The head of the Department is the Secretary of Budget and Management, who shall be appointed by the Governor with the advice and consent of the Senate. The Secretary must have experience in public finance, budgeting, management, and fiscal planning. Before taking office, the appointee shall take the oath required by Article I, § 9 of the Maryland Constitution. The Secretary serves at the pleasure of the Governor and is responsible directly to the Governor. The Secretary shall advise the Governor on all matters assigned to the Department and is responsible for carrying out the Governor’s policies on those matters. The Secretary is responsible for the operation of the Department and shall establish guidelines and procedures to promote the orderly and efficient administration of the Department. The Secretary may establish, reorganize, or abolish areas of responsibility in the Department as necessary to fulfill the duties assigned to the Secretary. The Secretary is responsible for establishing policy to be followed by the units in the Department. The Secretary is entitled to the salary provided in the State budget.

With the approval of the Governor, the Secretary shall appoint a Deputy Secretary. The Deputy Secretary: is in the executive service of the State Personnel Management System and serves at the pleasure of the Secretary; is entitled to the salary provided in the State budget; and has the duties provided by law or delegated by the Secretary. The Secretary shall appoint 1 or more budget analysts. The budget analysts shall: continually conduct studies of all budget expenditures of units of the Executive Branch of the State government; make recommendations to the Secretary for greater efficiency and economy in those units; and perform any other duties that the Secretary assigns. The Secretary may employ a staff in accordance with the State budget. Each assistant secretary and professional consultant is in the executive service, management service, or is a special appointment in the State Personnel Management System and is appointed by and serves at the pleasure of the Secretary. Except as provided in this section or otherwise by law, the Secretary shall appoint and remove all other staff in accordance with the provisions of the State Personnel and Pensions Article. The appointment or removal of staff of any unit in the Department is subject to the approval of the Secretary.

The Secretary is responsible for the budget of the Department. The Secretary may adopt regulations for the Department and its units. The Secretary may create any citizens’ advisory body that the Secretary considers necessary for the operation of the Department. The Secretary shall have a seal. The Secretary is responsible for the comprehensive planning of programs and services of the Department. The Secretary shall review the plans of the units in the Department and may approve or disapprove any of the plans.

The Secretary or staff of the Secretary shall be subject to call by the Senate or the House of Delegates or any of their committees, to provide information that the Secretary has.

The Attorney General is legal adviser to the Department. With the advice of the Secretary, the Attorney General shall assign at least 1 assistant Attorney General to the Central Collection Unit. At the request of the Governor, the Attorney General shall assign to the Department: at least 1 assistant Attorney General; and any other assistant Attorneys General authorized by law to be assigned to the Department. The Attorney General shall designate 1 of the assistant Attorneys General assigned to the Department as counsel to the Department. After the Attorney General designates the counsel to the Department, the Attorney General may not reassign the counsel without consulting the Secretary. The counsel may have no duty other than to give the legal aid, advice, and counsel required by the Secretary or any other official of the Department, to supervise the other assistant Attorneys General assigned to the Department and its Central Collection Unit, and to perform for the Department the duties that the Attorney General assigns. The counsel shall perform these duties subject to the control and supervision of the Attorney General. Each assistant Attorney General who is assigned to the Central Collection Unit shall devote full time to the duties with that Unit and may have no other duties. The Secretary may contract with another attorney to handle on an agreed case by case basis a collection for the Central Collection Unit if it is not feasible for any of the assistant Attorneys General assigned to the Unit to handle the collection.

In this section the following words have the meanings indicated. “Historically black colleges and universities” means Bowie State University, Coppin State University, Morgan State University, and University of Maryland Eastern Shore. “Interagency agreement” means an agreement between an agency or unit of the Executive Branch of State government and a public institution of higher education that: has a duration of 3 years or more; was in place during any part of the immediately preceding fiscal year; and has a total value of more than $750,000. At least once every 3 years, the Department shall review each interagency agreement to determine: whether the agreement is necessary and should continue; whether the services can be provided more cost effectively by the agency or unit or through a competitive procurement; and whether the agreement is being utilized due to the agency’s or unit’s inability to recruit or retain positions and, if so, whether an annual salary review should be conducted to address recruitment or retention issues. The Department shall establish a cycle to review one–third of the interagency agreements each year. Subject to paragraphs (2) and (3) of this subsection, on or before December 1 each year, the Department shall report a summary of the findings of the review required under subsection (b) of this section to the Senate Budget and Taxation Committee, the House Appropriations Committee, and the Department of Legislative Services, in accordance with § 2–1257 of the State Government Article. In each report required under paragraph (1) of this subsection, the Department shall provide the following information: the interagency agreements that will continue; services that will be competitively procured; services that will be provided by the agency or unit as a result of the review; services that have been or will be canceled as a result of the review; and actions taken to address recruitment or retention issues identified as a result of the review. In each report required under paragraph (1) of this subsection, the Department shall provide information on interagency agreements with historically black colleges and universities, including: the total percentage of interagency contracts with historically black colleges and universities, by agency or unit; and any recommendations for regulatory or statutory changes necessary to address barriers to interagency agreements with historically black colleges and universities.