In this subtitle the following words have the meanings indicated. “Board” means the Board of Revenue Estimates. “Bureau” means the Bureau of Revenue Estimates. “Chief” means the Chief of the Bureau.

There is a Board of Revenue Estimates. The Board consists of the following 3 ex officio members: the Comptroller; the Treasurer; and the Secretary of Budget and Management. The Treasurer may appoint, as the Treasurer’s designee, a deputy treasurer to serve on the Board. The Chief is the executive secretary of the Board.

There is a Bureau of Revenue Estimates in the Office of the Comptroller. The head of the Bureau is the Chief. Subject to the supervision of the Comptroller, the Chief has administrative control of the Bureau. Unless the Comptroller, with the approval of the Board, determines that an alternative structure is appropriate, the Chief shall be subject to the supervision of the Deputy Comptroller with responsibility for tax administration. Except as otherwise provided by law, subject to the approval of the Board, the Comptroller shall appoint the Chief from a list of not fewer than three candidates reviewed and evaluated by the Revenue Monitoring Committee and the Consensus Revenue Monitoring and Forecasting Group established under § 6–105 of this subtitle. The Chief may be removed only by a majority of the Board for incompetence or other good cause. The Chief shall appoint other employees of the Bureau in accordance with the provisions of the State Personnel and Pensions Article, including: a minimum of six analysts; and one Deputy Chief.

In this section, “nonwithholding income tax revenues” means the State share of income tax quarterly estimated and final payments with returns made by individuals, as defined in § 10–101 of the Tax – General Article. “Nonwithholding income tax revenues” does not include: the county share of income tax quarterly estimated and final payments with returns made by individuals; income tax payments made by corporations; income tax refunds paid to individuals or corporations; or income tax withholding. After the end of each fiscal year, the Bureau shall submit to the Board a report that: contains an itemized statement of the State revenues from all sources for that fiscal year; and includes any recommendations of the Bureau. In December, March, and September of each year, the Bureau shall submit to the Board a report that contains an itemized statement of the estimated State revenues from all sources for the fiscal year following the fiscal year in which the report is made. The report required under subparagraph (i) of this paragraph shall be reviewed and approved by the Revenue Monitoring Committee before the estimates in the report may be formally adopted by the Board. The Bureau shall submit the March report required under subparagraph (i) of this paragraph to the Board by a date that allows the Board to meet before the passage of the annual budget bill in the first chamber of the General Assembly to vote on the budget bill in that year. The Bureau shall provide to the Board any other information that the Board requests. Notwithstanding any other provision of law, the reports required under paragraphs (1) and (2) of this subsection shall include an itemized statement of: revenues or estimated revenues distributed to the Transportation Trust Fund, including the motor fuel taxes imposed under Title 9, Subtitle 3 of the Tax – General Article and motor vehicle titling taxes imposed under Title 13, Subtitle 8 of the Transportation Article; revenues from the State transfer tax imposed under Title 13, Subtitle 2 of the Tax – Property Article; estimated revenues from nonwithholding income taxes calculated in accordance with subsection (e) of this section; and estimated revenues from any premium taxes collected by the Maryland Insurance Administration. In order for the Bureau to include in the reports required under paragraphs (1) and (2) of this subsection estimated revenues from any premium taxes collected by the Maryland Insurance Administration, the Maryland Insurance Administration shall submit to the Bureau: within 1 month after the end of the preceding fiscal quarter, quarterly premium tax data on a cash basis and by fund source, including payments, refunds, other financial transactions, and total net cash impact; a fiscal year–end close–out report reconciling the quarterly data; an annual report tabulating data from submitted tax forms for each insurer, including total premiums, total deductions, total taxable premiums, gross tax owed, and liability information; and any other data requested by the Bureau. The Maryland Insurance Administration shall submit the data required under this paragraph in a format determined by the Bureau. In addition to these reports, the Bureau shall continually conduct studies of State revenue sources to: determine the amount of revenue produced; and devise and recommend new methods and sources for improved efficiency, equity, and economy in production, collection, and estimation of revenue. On or before December 1, 2008, and December 1 of every third year thereafter, the Bureau shall submit to the Governor and, in accordance with § 2–1257 of the State Government Article, to the General Assembly a tax incidence study measuring: the burden of all the major taxes and toll charges imposed by the State, including: the individual income tax; the motor fuel tax; the real property tax; and the sales and use tax; how the burden of each tax and charge type is shared among taxpayers of different income levels; and the aggregate impact of the taxes and charges among taxpayers of different income levels. In order to assist the Bureau in preparing a tax incidence study under this subsection, any governmental unit involved in the implementation or administration of the taxes and charges evaluated in the study shall: provide promptly any information that the Bureau requests; and otherwise cooperate with the Bureau. The Bureau shall prepare and submit the statistics of income report required under § 10–223 of the Tax – General Article. Beginning with the revenue estimate for fiscal year 2020, the Bureau shall calculate the share of General Fund revenues represented by nonwithholding income tax revenues in accordance with this subsection. For each fiscal year, the Bureau shall calculate the 10–year average share of General Fund revenues represented by nonwithholding income tax revenues. For each fiscal year, the 10–year average shall use the 10 most recently completed fiscal years for which data are available when the estimate is prepared in the September before the beginning of the fiscal year. The same 10–year average shall be used in all subsequent revisions to the revenue estimate for that fiscal year. Subject to subparagraph (ii) of this paragraph, for each fiscal year, if the Bureau’s estimate of the share of General Fund revenues from nonwithholding income tax revenues is above the 10–year average share, the Bureau shall adjust the revenue estimate by reducing General Fund revenues from nonwithholding income tax revenues by an amount sufficient to align the estimated share of General Fund revenues from nonwithholding income tax revenues with the 10–year average share of General Fund revenues from nonwithholding income taxes. The adjustment made under subparagraph (i) of this paragraph may not exceed the following percentage of total General Fund revenues or dollar value in a specified fiscal year: 225% for fiscal year 2020; $0 for fiscal year 2021; $80,000,000 for fiscal year 2022; $100,000,000 for fiscal year 2023; $0 for fiscal years 2024 through 2029; and 2% for fiscal year 2030 and each fiscal year thereafter. The capped estimate calculated under this paragraph shall be incorporated in the revenue estimate the Bureau shall report to the Board in the report required under subsection (b)(2) of this section. On or before February 1, 2023, and February 1 of every fourth year thereafter, the Bureau, in collaboration with the Consensus Revenue Monitoring and Forecasting Group established under § 6–105 of this subtitle, shall submit to the Governor and, in accordance with § 2–1257 of the State Government Article, to the General Assembly a report on the strengths and weaknesses of the Bureau in the preceding four years, including: the accuracy of Bureau estimates of State revenue; the impact of the revenue volatility cap on reporting; and the challenges faced by the Bureau in forecasting State revenues. On or before August 1, 2023, and August 1 of every fourth year thereafter, the Department of Legislative Services shall submit, in accordance with § 2–1257 of the State Government Article, to the General Assembly a report on the operations of the Bureau, including: an analysis of the transparency and usability of data and reports produced by the Bureau; an overview of appropriations for the Bureau and major expenditures; an analysis of the staffing needs of the Bureau; and issues preventing the Bureau from carrying out its duties under this subtitle. The report shall cover the operations of the Bureau during the same period as the report issued by the Bureau under subsection (f) of this section.

In this section the following words have the meanings indicated. “Group” means the Consensus Revenue Monitoring and Forecasting Group established under this section. “State share of nonwithholding income tax revenues” means the State share of income tax quarterly estimated and final payments with returns made by individuals, as defined in § 10–101 of the Tax – General Article. “State share of nonwithholding income tax revenues” does not include: the county share of income tax quarterly estimated and final payments with returns made by individuals; income tax payments made by corporations; income tax refunds paid to individuals or corporations; or income tax withholding. There is a Consensus Revenue Monitoring and Forecasting Group. The Group consists of: the Chief and staff of the Bureau as designated by the Chief; the Deputy Comptroller with responsibility for tax administration and staff as designated by the Deputy Comptroller with responsibility for tax administration; staff of the Office of the Treasurer as designated by the Treasurer; staff of the Department of Budget and Management as designated by the Secretary of Budget and Management; staff of the Department of Transportation as designated by the Secretary of Transportation; and staff of the Office of Policy Analysis of the Department of Legislative Services as designated by the Director of the Office. The Chief shall chair the Group. The Group and its constituent units shall: review and analyze attainment of revenues on a monthly basis; advise and collaborate with the Bureau: in the development of revenue forecasts and any necessary revisions to those forecasts; and in the performance of any pertinent studies or analyses as requested by the Chief or as directed by the Board; develop and recommend to the Bureau a methodology for determining the State share of nonwithholding income tax revenues for each fiscal year; and before a new Chief is appointed, review and evaluate candidates for the position. To assist the Group in performing its function, the Comptroller and the Bureau shall: within 7 calendar days after the end of each month, provide to members of the Group detailed data on revenue collections; before any document relating to the work of the Bureau is published, provide a draft of the document to the members of the Group for review and comment; and at the request of the Group, provide research and analysis of particular issues identified by the Group in the course of its duties.

In this section, “nonwithholding income tax revenues” means the State share of income tax quarterly estimated and final payments with returns made by individuals, as defined in § 10–101 of the Tax – General Article. “Nonwithholding income tax revenues” does not include: the county share of income tax quarterly estimated and final payments with returns made by individuals; income tax payments made by corporations; income tax refunds paid to individuals or corporations; or income tax withholding. The Board shall: study the information that the Bureau provides; and consider the recommendations of the Bureau. In December, March, and September of each year, the Board shall submit to the Governor and, in accordance with § 2–1257 of the State Government Article, to the General Assembly, a report that: contains an itemized statement of the estimated State revenues from all sources for the fiscal year following the fiscal year in which the report is made; and includes any recommendations of the Board. Subject to subparagraph (ii) of this paragraph, the Governor shall state the most recent estimates of revenues reported by the Board in the proposed budget and any supplemental budget submitted to the General Assembly. If the Governor uses different estimates of revenues in the formulation of the proposed budget and any supplemental budget submitted to the General Assembly than those reported by the Board, a statement providing an explanation as to the differences shall be included together with those submissions. The report required under paragraph (1) of this subsection shall include estimated revenues from nonwithholding income taxes calculated in accordance with § 6–104(e) of this subtitle. The Board shall approve a methodology for determining the State share of nonwithholding income tax revenues for each fiscal year. On or before July 31 each year, the Board, in coordination with the Chief, shall schedule the Board’s annual meetings for March, December, and September of that fiscal year. Not later than 5 days before the scheduled date of the meeting, the Board, on the recommendation of the Chief, may reschedule a meeting under this subsection. Notice of a meeting rescheduled under paragraph (2) of this subsection shall: be posted to the website established under subsection (e) of this section; and include a statement from the Chief concerning the reason the meeting is rescheduled. The Board shall develop and maintain a website that: provides access to the revenue estimates, projections, and reports developed by the Board; provides a schedule of upcoming Board meetings and agendas for open meetings of the Board; provides links to live video streaming of each open meeting of the Board; provides a complete and unedited archived video recording of each open meeting for which live video streaming was made available under item (3) of this subsection for a minimum of 5 years after the date of the meeting; provides access to reports and projections of the General Fund of the State and the following special funds: the Blueprint for Maryland’s Future Fund established under § 5–219 of the Education Article; the Education Trust Fund established under § 9–1A–30 of the State Government Article; and the Transportation Trust Fund established under § 3–216 of the Transportation Article; provides access to reports and projections of appropriations for, distributions from, and funds maintained by Program Open Space; and provides any other information the Board considers relevant.