# State Government (GSG)

## Title 2. General Assembly

### Subtitle 12. Staff and Services -- Department of Legislative Services

#### Section 2-1201

(a) In this subtitle the following words have the meanings indicated.

(b) "Department" means the Department of Legislative Services.

(c) "Executive Director" means the Executive Director of the Department.

#### Section 2-1202

There is a Department of Legislative Services in the Legislative Branch of the State government.

#### Section 2-1203

(a) The head of the Department is the Executive Director, who shall be appointed jointly by the President and the Speaker.

(b) The Executive Director:

  (1) serves without a fixed term and may be removed by the Legislative Policy Committee on the recommendation of the President and the Speaker;

  (2) is entitled to the salary provided in the State budget;

  (3) shall devote full time to the duties of the Office; and

  (4) shall serve in a nonpartisan capacity and ensure that the activities of the Department are conducted in a nonpartisan manner.

(c) Subject to the policies and directives of the President of the Senate and the Speaker of the House and the Legislative Policy Committee, the Executive Director has general administrative control of the operation of the Department and its units.

#### Section 2-1204

The Executive Director, under the direction of the President and the Speaker, shall:

(1) oversee the activities of the Department to ensure that its functions are performed correctly, efficiently, and in a timely and nonpartisan manner;

(2) coordinate the activities of the offices of the Department to ensure that the responsibilities of each office are carried out, maximize cooperation among the Department's employees, and achieve the greatest efficiency in the use of personnel and other resources;

(3) prepare the annual budget for the Department after consultation with the office directors;

(4) conduct an annual evaluation of the performance of each office director;

(5) communicate the opinions, needs, and concerns of the Department's employees to the President and the Speaker; and

(6) perform any other function required by the President and the Speaker.

#### Section 2-1205

(a) The Department shall employ a staff and engage other staff and consultant services in accordance with the State budget.

(b) Positions in the Department are subject to the personnel guidelines established under subsection (c) of this section.

(c) The Legislative Policy Committee shall adopt guidelines that are not inconsistent with law and that, for employees of the Department, govern:

  (1) hiring;

  (2) probationary periods;

  (3) tenure;

  (4) promotion;

  (5) overtime compensation;

  (6) discrimination;

  (7) compensatory work for absences due to religious beliefs;

  (8) holidays;

  (9) part-time employment;

  (10) grievance procedures;

  (11) removal; and

  (12) political activity.

(d) The provisions of Sec. 2-304 of the State Personnel and Pensions Article do not apply to an employee of the Department.

#### Section 2-1206

(a) The following units are in the Department:

  (1) the Office of Legislative Audits;

  (2) the Office of Program Evaluation and Government Accountability;

  (3) the Office of Policy Analysis;

  (4) the Office of Operations and Support Services; and

  (5) any other offices as may be designated by the President and the Speaker.

(b) With the approval of the President and the Speaker and in consultation with the minority leader of the Senate and the minority leader of the House of Delegates, the Executive Director shall appoint the following office directors:

  (1) the director of the Office of Legislative Audits;

  (2) the director of the Office of Program Evaluation and Government Accountability;

  (3) the director of the Office of Policy Analysis;

  (4) the director of the Office of Operations and Support Services; and

  (5) any director of an office designated by the President and the Speaker under subsection (a)(5) of this section.

(c) Each office director serves without a fixed term and, subject to the approval of the President and the Speaker and in consultation with the minority leader of the Senate and the minority leader of the House of Delegates, may be removed by the Executive Director.

(d) Each office director shall serve in a nonpartisan capacity and ensure that all activities of the office are conducted in a nonpartisan manner.

(e) Each office director is entitled to the salary provided in the State budget.

(f) After consultation with the Executive Director, each office director may appoint an appropriate number of qualified individuals to serve in management functions in the respective offices.

#### Section 2-1207

In addition to any duties set forth elsewhere, the Department shall provide:

(1) budget and fiscal review, analysis, research, studies, and reports;

(2) legislative drafting and statutory revision services;

(3) legal research, review, analysis, studies, and reports;

(4) general research and policy analysis;

(5) fiscal/compliance, financial statement, and performance audits of units of the State government;

(6) legislative research, legislative document and material collection and preservation, and other library services;

(7) public information services about legislative activities;

(8) document preparation and publication services;

(9) legislative information systems maintenance, development, and support; and

(10) administrative support services for the Department and, where appropriate, for the General Assembly relating to finance, personnel, distribution, telecommunications, printing and copying, supplies, housekeeping, and maintenance.

#### Section 2-1208

(a) The staff and facilities of the Department shall be available to prepare fiscal, legal, and policy reports for and otherwise help:

  (1) any standing committee;

  (2) any statutory committee;

  (3) any special committee of the Legislative Policy Committee; and

  (4) with the consent of the President and the Speaker, any joint legislative and executive body that the Governor appoints.

(b) The Executive Director shall assign, to the staff of the Department or to a special research or consulting agency, the preparation of any fiscal, legal, or policy report that the Legislative Policy Committee or a standing committee requests.

#### Section 2-1209

On or before December 1 of the year immediately preceding the beginning of a term of the General Assembly, the Department of Legislative Services, in consultation with agencies and institutions in State government and all other entities required by law to submit reports at specified times and on specified matters to the General Assembly or the Governor, shall:

(1) review the laws of the State that require the submission of reports at specified times and on specified matters to the General Assembly or the Governor; and

(2) make recommendations to the Legislative Policy Committee and prepare legislation for introduction to repeal or modify those statutory requirements to submit reports if the reports are no longer warranted because they have become obsolete, duplicative, impractical, inefficient, or otherwise unnecessary.

#### Section 2-1211

(a) In this part the following words have the meanings indicated.

(b) "Director" means the Director of the Office of Operations and Support Services.

(c) "Office" means the Office of Operations and Support Services.

#### Section 2-1212

(a) There is an Office of Operations and Support Services in the Department.

(b) The head of the Office is the Director.

#### Section 2-1213

(a)

  (1) The Office shall receive and analyze requests from members of the General Assembly for reimbursement and from other persons for payment of legislative expenses, including:

    (i) office rent;

    (ii) secretarial and other services;

    (iii) telephone and other communication expenses;

    (iv) equipment;

    (v) supplies; and

    (vi) travel.

  (2) The Office shall provide the reimbursement or make payments as provided in the State budget and account for the reimbursements and payments.

  (3) The Office shall make payments and reimbursements consistent with the policies of the President and the Speaker, the Management Subcommittee, and the Legislative Policy Committee.

(b)

  (1) The President and the Speaker may authorize the Office to create accounts for revenues received from payment of fees or charges and to utilize the funds to provide services to individuals, organizations, or other units of State or local governments.

  (2) Funds in the accounts may only be expended in accordance with the budget or by budget amendment.

  (3) On directive by the President and the Speaker, unexpended revenues in the accounts may revert to the State or may be retained for expenditure in a subsequent budget.

  (4) The Comptroller's Office shall be notified of accounts created in accordance with this section.

#### Section 2-1214

(a) The Office shall manage all personnel activities of the Department and generally carry out the duties set forth in Sec. 2-1205 of this subtitle.

(b) The Office shall manage the personnel activities of the General Assembly as assigned by the President and the Speaker.

(c)

  (1) The Office shall maintain electronic records that include:

    (i) the name of each member of the General Assembly, each employee of the General Assembly, and each employee of the Department who takes workplace harassment prevention training;

    (ii) the date the workplace harassment prevention training was completed; and

    (iii) the name of the person who conducted the training.

  (2) The Office shall:

    (i) maintain the records required under paragraph (1) of this subsection for at least 5 years after the member or employee takes workplace harassment prevention training; and

    (ii) publish the records related to training of members of the General Assembly on the website of the General Assembly.

#### Section 2-1215

In addition to any other duties set forth elsewhere, the Office shall:

(1) provide for the preparation and publication of legislation, session laws, journals of proceedings, indexes, and other documents;

(2) directly supervise support services to the General Assembly that are not assigned to one of the Department's other offices; and

(3) perform any other function required by the Executive Director, the President and the Speaker, or the Legislative Policy Committee.

#### Section 2-1216

The Office shall:

(1) develop, coordinate, support, and maintain the physical and online services, technology, applications, and information systems that support the work and meet the needs of the General Assembly and the Department;

(2) evaluate and make recommendations regarding the physical and online services, technology, applications, and information systems that support the work of the General Assembly to ensure maximum efficiency;

(3) evaluate and ensure that appropriate systems are in place to address cybersecurity threats to the work of the General Assembly and the Department;

(4) plan for the future information systems needs of the General Assembly, its staff, and the Department; and

(5) carry out any other function required by the Executive Director, the President and the Speaker, or the Legislative Policy Committee.

#### Section 2-1217

There is an Office of Legislative Audits in the Department.

#### Section 2-1218

(a) The head of the Office of Legislative Audits is the director of the Office of Legislative Audits, who shall serve as the Legislative Auditor.

(b) The Legislative Auditor must:

  (1) be licensed as a certified public accountant in the State;

  (2) at the time of appointment, have at least 3 years' auditing experience; and

  (3) while in office, be covered by a surety bond or an insurance policy of the type and in the amount of coverage determined by the State Treasurer under Sec. 5-108 of this article.

(c) Subject to the policies and directives of the President and the Speaker, the Joint Audit and Evaluation Committee, and the overall supervision and control of the Executive Director, the Legislative Auditor has general administrative control of the operation of the Office of Legislative Audits.

#### Section 2-1219

(a) With the approval of the Executive Director, the Legislative Auditor shall appoint a Deputy Legislative Auditor and other professional staff and may contract with consultants as authorized representatives.

(b)

  (1) The Deputy Legislative Auditor must be licensed as a certified public accountant in the State.

  (2) The Deputy Legislative Auditor:

    (i) has the duties delegated by the Legislative Auditor; and

    (ii) may be designated by the Executive Director to act as Legislative Auditor if the office is vacant or the Legislative Auditor is unable to perform the duties of office.

(c) With the approval of the Executive Director, the Legislative Auditor shall appoint professional staff to conduct audits of local school systems in accordance with Sec. 2-1220(e) of this subtitle.

#### Section 2-1219.1

In this subtitle, "examination" includes all authorized work and required audits under Sec. 2-1220 of this subtitle.

#### Section 2-1220

(a)

  (1) In this subsection, "unit" includes each State department, agency, unit, and program, including each clerk of court and each register of wills.

  (2)

    (i) The Office of Legislative Audits shall conduct a fiscal/compliance audit of each unit of the State government, except for units in the Legislative Branch.

    (ii) The audit of each unit shall be conducted at an interval ranging from 3 to 4 years unless the Legislative Auditor determines, on a case-by-case basis, that more frequent audits are required.

    (iii) In determining the audit interval for a unit, the Office of Legislative Audits shall take into consideration:

      (1) the materiality and risk of the unit's fiscal activities with respect to the State's fiscal activities;

      (2) the complexity of the unit's fiscal structure; and

      (3) the nature and extent of audit findings in the unit's prior audit reports.

    (iv) Each agency or program may be audited separately or as part of a larger organizational unit of State government.

  (3) Performance audits or financial statement audits shall be conducted when authorized by the Legislative Auditor, when directed by the Joint Audit and Evaluation Committee or the Executive Director, or when otherwise required by law.

  (4)

    (i) In addition to the audits required under paragraph (2) of this subsection, the Office of Legislative Audits may conduct a review when the objectives of the work to be performed can be satisfactorily fulfilled without conducting an audit as prescribed in Sec. 2-1221 of this subtitle.

    (ii)

      (1) The Office of Legislative Audits has the authority to conduct a separate investigation of an act or allegation of fraud, waste, or abuse in the obligation, expenditure, receipt, or use of State resources.

      (2) The Legislative Auditor shall determine whether an investigation shall be conducted in conjunction with an audit undertaken in accordance with this subsection or separately.

  (5) If, on request of the Comptroller, the Joint Audit and Evaluation Committee so directs, the Office of Legislative Audits shall audit or review a claim that has been presented to the Comptroller for payment of an expenditure or disbursement and that is alleged to have been made by or for an officer or unit of the State government.

  (6) The Office of Legislative Audits shall conduct an audit or review to determine the accuracy of information about or procedures of a unit of the State government, as directed by the Joint Audit and Evaluation Committee or the Executive Director.

(b) If the General Assembly, by resolution, or the Joint Audit and Evaluation Committee so directs, the Office of Legislative Audits shall conduct an audit or review of a corporation or association to which the General Assembly has appropriated money or that has received funds from an appropriation from the State Treasury.

(c) The Office of Legislative Audits may audit any county officer or unit that collects State taxes.

(d)

  (1) The Office of Legislative Audits shall review any audit report prepared under the authority of:

    (i) Sec.Sec. 16-305 through 16-308 of the Local Government Article, with respect to a county, municipal corporation, or taxing district; or

    (ii) Sec. 16-315 of the Education Article, with respect to a community college.

  (2) The results of any review made by the Office of Legislative Audits under paragraph (1) of this subsection shall be reported as provided in Sec. 2-1224 of this subtitle.

(e)

  (1) Except as provided in paragraph (4) of this subsection, at least once every 6 years, the Office of Legislative Audits shall conduct an audit of each local school system to evaluate the effectiveness and efficiency of the financial management practices of the local school system.

  (2) The audits may be performed concurrently or separately.

  (3) The Office of Legislative Audits shall provide information regarding the audit process to the local school system before the audit is conducted.

  (4)

    (i) Subject to the limitation under subparagraph (ii) of this paragraph, beginning in fiscal year 2017, a local school system shall be exempt from the audit requirement under paragraph (1) of this subsection if the county governing body, the county board of education, and the county delegation to the Maryland General Assembly consisting of the county senators and delegates each submits a letter to the Joint Audit and Evaluation Committee requesting an exemption on or before November 1 of fiscal year 2017, or on or before November 1 of the last year of a 6-year audit cycle under paragraph (1) of this subsection, as determined by the Office of Legislative Audits.

    (ii) A local school system may not be exempt for two consecutive 6-year audit cycles.

  (5)

    (i) On or before November 1 of the third year of a 6-year audit cycle under paragraph (1) of this subsection, each local school system shall submit a report to the Joint Audit and Evaluation Committee on the status of implementation of corrective actions to address repeat findings and recommendations identified by the Office of Legislative Audits in the most recent audit conducted under paragraph (1) of this subsection.

    (ii) Each local school system shall publish the report required under this paragraph on its website.

    (iii) Before publishing the report in accordance with subparagraph (ii) of this paragraph, any cybersecurity findings shall be redacted in a manner consistent with auditing best practices.

  (6) Notwithstanding paragraph (4) of this subsection, the Joint Audit and Evaluation Committee may direct the Office of Legislative Audits to conduct an audit of a local school system at any time.

(f)

  (1) At least once every 6 years, the Office of Legislative Audits shall conduct a performance audit of the Board of Liquor License Commissioners for Baltimore City to evaluate the effectiveness and efficiency of the management practices of the Board and of the economy with which the Board uses resources.

  (2) At any time on request of the President and the Speaker, the Office shall conduct a performance audit of the local licensing board, as defined in Sec. 1-101 of the Alcoholic Beverages and Cannabis Article, for a county or for the City of Annapolis to evaluate the effectiveness and efficiency of the management practices of the board and of the economy with which the board uses resources.

  (3) The performance audit shall focus on operations relating to liquor inspections, licensing, disciplinary procedures, and management oversight.

(g)

  (1) At least once every 6 years, the Office of Legislative Audits shall conduct a performance audit of the Board of License Commissioners for Prince George's County to evaluate the effectiveness and efficiency of the management practices of the Board and of the economy with which the Board uses resources.

  (2) The performance audit shall focus on operations relating to liquor inspections, licensing, disciplinary procedures, and management oversight.

(h)

  (1) Beginning July 1, 2020, and at least once every 6 years thereafter, the Office of Legislative Audits shall conduct an audit or audits of the Baltimore Police Department to evaluate the effectiveness and efficiency of the financial management practices of the Baltimore Police Department.

  (2) The scope and objectives of the audit or audits shall be determined by the Legislative Auditor.

  (3) The Office of Legislative Audits shall provide information regarding the audit process to the Baltimore Police Department before the audit is conducted.

  (4) The Baltimore City government shall make available to the Office of Legislative Audits all City employees, records, and information systems deemed necessary by the Legislative Auditor to conduct the audit or audits required by this subsection.

#### Section 2-1221

(a) A fiscal/compliance audit conducted by the Office of Legislative Audits shall include:

  (1) examining financial transactions and records and internal controls;

  (2) evaluating compliance with applicable laws and regulations;

  (3) examining electronic data processing operations; and

  (4) evaluating compliance with applicable laws and regulations relating to the acquisition of goods and services from Maryland Correctional Enterprises.

(b) A performance audit conducted by the Office of Legislative Audits may include:

  (1) evaluating the efficiency, effectiveness, and economy with which resources are used;

  (2) determining whether desired program results are achieved; and

  (3) determining the reliability of performance measures, as defined in Sec. 3-1001(g) of the State Finance and Procurement Article, identified in:

    (i) the managing for results agency strategic plan developed under Sec. 3-1002(c) of the State Finance and Procurement Article; or

    (ii) the StateStat agency strategic plan developed under Sec. 3-1003(d) of the State Finance and Procurement Article.

(c) The purpose of financial statement audits conducted by the Office of Legislative Audits shall be to express an opinion regarding the fairness of the presentation of a unit's financial statements.

(d) The audits referred to in subsections (a), (b), and (c) of this section shall be conducted in accordance with generally accepted government auditing standards.

(e)

  (1) Upon approval of the Joint Audit and Evaluation Committee, the Office of Legislative Audits shall develop and use a rating system that is based on the results of a fiscal/compliance audit to determine an overall evaluation of a unit's financial transactions, records, and internal controls and compliance with applicable laws and regulations as a means of comparing the various units of State government.

  (2) When an evaluation is issued, it shall be provided to the unit and shall be available to the Joint Audit and Evaluation Committee and the Budget Committees of the Maryland General Assembly.

#### Section 2-1222

(a) An examination conducted by the Office of Legislative Audits shall generally be made at the offices of the State unit, county officer or unit, corporation, association, or local school system that is subject to examination.

(b)

  (1) If considered appropriate and after consultation with the unit or body being examined, the Legislative Auditor may authorize all or a portion of an examination to be conducted at the offices of the Office of Legislative Audits.

  (2) Before the original or only copy of any record is removed from the State unit's premises, the prior approval of the State unit for the removal is required.

#### Section 2-1223

(a)

  (1) Except as prohibited by the federal Internal Revenue Code, the employees or authorized representatives of the Office of Legislative Audits shall have access to and may inspect the records, including those that are confidential by law, of any unit of the State government or of a person or other body receiving State funds, with respect to any matter under the jurisdiction of the Office of Legislative Audits.

  (2) In conjunction with an examination authorized under this subtitle, the access required by paragraph (1) of this subsection shall include the records of contractors and subcontractors that perform work under State contracts.

  (3) The employees or authorized representatives of the Office of Legislative Audits shall have access to and may inspect the records, including those that are confidential by law, of:

    (i) any local school system to perform the audits authorized under Sec. 2-1220 of this subtitle or in accordance with a request for information as provided in Sec. 5-114(d) of the Education Article;

    (ii) the Board of Liquor License Commissioners for Baltimore City to perform the audits authorized under Sec. 2-1220(f)(1) of this subtitle;

    (iii) the board of license commissioners for a county or for the City of Annapolis to perform the audits authorized under Sec. 2-1220(f)(2) of this subtitle;

    (iv) the Board of License Commissioners for Prince George's County to perform the audits authorized under Sec. 2-1220(g) of this subtitle; and

    (v) the Baltimore Police Department and the Baltimore City government to perform the audits required under Sec. 2-1220(h) of this subtitle.

(b) Each officer or employee of the unit or body that is subject to examination shall provide any information that the Legislative Auditor determines to be needed for the examination of that unit or body, or of any matter under the authority of the Office of Legislative Audits, including information that otherwise would be confidential under any provision of law.

(c)

  (1) The Legislative Auditor may issue process that requires an official who is subject to examination to produce a record that is needed for the examination.

  (2) The process shall be sent to the sheriff for the county where the official is located.

  (3) The sheriff promptly shall serve the process.

  (4) The State shall pay the cost of process.

  (5) If a person fails to comply with process issued under this subsection or fails to provide information that is requested during an examination, a circuit court may issue an order directing compliance with the process or compelling that the information requested be provided.

#### Section 2-1223.1

On the preliminary completion of an examination of a public senior higher education institution by the Office of Legislative Audits, the Legislative Auditor shall send a copy of the discussion notes of the examination relating to any preliminary findings of substantial fiscal impropriety to the following individuals and governing boards of the respective institutions that were subject to the examination:

(1) the Chancellor of the University System of Maryland and the University System of Maryland Board of Regents Audit Committee;

(2) the President of Morgan State University and the Finance and Facilities Committee of the Board of Regents of Morgan State University; or

(3) the President of St. Mary's College of Maryland and the Finance, Investment, and Audit Committee of the Board of Trustees of St. Mary's College of Maryland.

#### Section 2-1224

(a) In this section, "unit" includes:

  (1) the Board of Liquor License Commissioners for Baltimore City;

  (2) the board of license commissioners for a county or for the City of Annapolis subject to an audit under Sec. 2-1220(f)(2) of this subtitle; and

  (3) the Board of License Commissioners for Prince George's County.

(b) Except with the written approval of the Legislative Auditor, an employee or authorized representative of the Office of Legislative Audits shall submit any report of findings only to the Legislative Auditor.

(c)

  (1) On the completion of each examination, the Legislative Auditor shall submit a full and detailed report to the Joint Audit and Evaluation Committee.

  (2) A report shall include:

    (i) the findings;

    (ii) any appropriate recommendations for changes in record keeping or in other conduct of the unit or body that is the subject of the report; and

    (iii) any response of that unit or body, subject to procedures approved by the Joint Audit and Evaluation Committee.

(d) The Legislative Auditor shall send a copy of the report to:

  (1) the President of the Senate and the Speaker of the House of Delegates;

  (2) the chairs of the Senate Budget and Taxation and House Appropriations Committees;

  (3) members of the General Assembly, subject to Sec. 2-1257 of this subtitle;

  (4) the Governor, unless the report is of the Board of Liquor License Commissioners for Baltimore City, the board of license commissioners for a county or for the City of Annapolis subject to an audit under Sec. 2-1220(f)(2) of this subtitle, or the Board of License Commissioners for Prince George's County;

  (5) the Comptroller;

  (6) the State Treasurer, unless the report is of the Board of Liquor License Commissioners for Baltimore City, the board of license commissioners for a county or for the City of Annapolis subject to an audit under Sec. 2-1220(f)(2) of this subtitle, or the Board of License Commissioners for Prince George's County;

  (7) the Attorney General, unless the report is of the Board of Liquor License Commissioners for Baltimore City, the board of license commissioners for a county or for the City of Annapolis subject to an audit under Sec. 2-1220(f)(2) of this subtitle, or the Board of License Commissioners for Prince George's County;

  (8) the unit or body that is the subject of the report;

  (9) the Secretary of Budget and Management, unless the report is of the Board of Liquor License Commissioners for Baltimore City, the board of license commissioners for a county or for the City of Annapolis subject to an audit under Sec. 2-1220(f)(2) of this subtitle, or the Board of License Commissioners for Prince George's County;

  (10) the Executive Director; and

  (11) any other person whom the Joint Audit and Evaluation Committee specifies.

(e) In addition to the requirements of subsection (d) of this section, each report of:

  (1) a local school system shall be distributed to the chair of the House Ways and Means Committee and the cochairs of the Joint Committee on the Management of Public Funds;

  (2) the Board of Liquor License Commissioners for Baltimore City shall be distributed to the chair of the Baltimore City delegation and the chair of the Baltimore City senators;

  (3) the board of license commissioners for a county or for the City of Annapolis subject to an audit under Sec. 2-1220(f)(2) of this subtitle shall be distributed to:

    (i) the governing body, as defined in Sec. 1-101 of the Local Government Article, of the county or the City of Annapolis;

    (ii) the chair of the county's House Delegation to the General Assembly; and

    (iii) the chair of the county's Senate Delegation to the General Assembly; and

  (4) the Board of License Commissioners for Prince George's County shall be distributed to:

    (i) the Prince George's County Council;

    (ii) the Prince George's County Executive;

    (iii) the chair of the Prince George's County House Delegation to the General Assembly; and

    (iv) the chair of the Prince George's County Senate Delegation to the General Assembly.

(f) Except as provided in subsection (i) of this section, after the expiration of any period that the Joint Audit and Evaluation Committee specifies, a report of the Legislative Auditor is available to the public under Title 4, Subtitles 1 through 5 of the General Provisions Article.

(g)

  (1) The Legislative Auditor shall review each unit's response and advise the unit of the results of the review. The Legislative Auditor shall advise the Joint Audit and Evaluation Committee when:

    (i) a unit does not make a response to a recommendation;

    (ii) a unit does not indicate action to be taken in response to a recommendation;

    (iii) a unit has not taken the action the unit indicated in its response to a recommendation;

    (iv) a unit requests a waiver from a recommendation; or

    (v) the response by the unit is not considered appropriate to carry out the recommendation.

  (2) The Executive Director or the Joint Audit and Evaluation Committee may direct the Legislative Auditor to undertake a review to determine the extent to which action has been taken by a unit to implement a report recommendation.

  (3) With respect to findings and recommendations of a fiscal/compliance nature, the Committee may recommend to the Governor and the Comptroller that the unit take the corrective action the unit indicates would be taken or take action to correct the findings in the report or the Committee may grant a waiver from the recommended action.

  (4) Within 45 days after receipt of the recommendation the Governor shall advise the Committee as to the action taken with respect to the recommendation.

  (5) Without concurrence of the Comptroller, the Committee may not waive a recommendation of the Legislative Auditor with respect to fiscal and financial record keeping, a uniform system of accounting, or the submission of fiscal and financial reports by the units.

  (6) With respect to findings and recommendations of a performance nature, the Committee may make recommendations to the Governor or propose legislation after reviewing a unit's response to a recommended action.

  (7) The Legislative Auditor shall review each local school system's response to an audit conducted under Sec. 2-1220(e) of this subtitle and advise the local school system of the results of the review. The Legislative Auditor shall advise the Joint Audit and Evaluation Committee when a local school system:

    (i) does not make a response to a recommendation;

    (ii) does not indicate action to be taken in response to a recommendation;

    (iii) has not taken the action the local school system indicated in its response to a recommendation; or

    (iv) responds in a manner that is not considered appropriate to carry out the recommendation.

  (8) The Executive Director or the Joint Audit and Evaluation Committee may direct the Legislative Auditor to undertake a review to determine the extent to which action has been taken by a local school system to implement a report recommendation.

  (9) With respect to findings and recommendations made to a local school system, the Joint Audit and Evaluation Committee may make recommendations to the Governor, State Superintendent of Schools, the local school governing board, or local school officials after reviewing a local school system's response to a recommended action.

(h)

  (1) The Governor and the Chief Justice of the Supreme Court of Maryland shall implement systems and processes to monitor the efforts of the Executive Departmental Units and the Judiciary, respectively, to correct audit findings reported by the Office of Legislative Audits.

  (2) Within 9 months of the most recent audit report, any unit that has five or more repeat audit findings shall report to the Office of Legislative Audits for each finding in that audit report:

    (i) the corrective actions taken; or

    (ii) a schedule for when specific corrective actions will be implemented.

  (3) Each unit required to report to the Office of Legislative Audits under paragraph (2) of this subsection shall continue to report to the Office of Legislative Audits on a quarterly basis after the initial report until the actions reported by the agency indicate that satisfactory progress has been made to address all findings.

(i)

  (1) A report auditing a unit of State or local government shall have any cybersecurity findings redacted in a manner consistent with auditing best practices before the report is made available to the public.

  (2) An unredacted cybersecurity finding in a report auditing a unit of State or local government may be viewed by:

    (i) members of the Joint Audit and Evaluation Committee;

    (ii) members of the Joint Committee on Cybersecurity, Information Technology, and Biotechnology;

    (iii) the chair and the subcommittee chairs of the Senate Budget and Taxation Committee;

    (iv) the chair and the subcommittee chairs of the House Appropriations Committee;

    (v) the Governor, the Governor's Chief of Staff, and the Governor's deputy chiefs of staff; and

    (vi) the Audit and Finance Compliance Unit in the Department of Budget and Management.

#### Section 2-1225

(a)

  (1) In addition to the reports under Sec. 2-1224 of this subtitle, the Legislative Auditor shall report an apparent violation of any law on use of State funds by the unit of the State government or other body that is examined.

  (2) A report under this subsection shall be submitted to:

    (i) the Joint Audit and Evaluation Committee;

    (ii) the Executive Director;

    (iii) the unit or body that is the subject of the report; and

    (iv) the Office of the Attorney General.

(b)

  (1) If the Legislative Auditor discovers any alleged criminal violation by a person during the course of an examination, the Legislative Auditor shall report the alleged violation to the Attorney General and an appropriate State's Attorney.

  (2) A report under this subsection shall ask the Attorney General and State's Attorney to take appropriate action.

  (3) Unless the Attorney General or State's Attorney decides to prosecute an alleged criminal violation reported under this subsection, the Attorney General and State's Attorney shall keep the report of the Legislative Auditor under this subsection confidential.

  (4) The Attorney General may investigate and prosecute any alleged criminal violation reported under this subsection and has all the powers and duties of a State's Attorney, including the use of a grand jury in any county or Baltimore City, to investigate and prosecute the alleged violation.

(c)

  (1) The Office of the Attorney General shall respond, in writing, to a report received from the Legislative Auditor under this section.

  (2) The response of the Attorney General shall include what actions, if any, were taken as a result of the findings of the Legislative Auditor.

  (3) The response of the Attorney General shall be submitted to:

    (i) the Joint Audit and Evaluation Committee;

    (ii) the Executive Director;

    (iii) the unit or body that is the subject of the report; and

    (iv) the Legislative Auditor.

#### Section 2-1226

(a) Except as provided in Sec. 2-1225 of this subtitle and subsection (b) of this section, information that an employee or authorized representative of the Office of Legislative Audits obtains during an examination or in relation to an act or allegation of fraud, waste, or abuse:

  (1) is confidential; and

  (2) may not be disclosed except to another employee or authorized representative of the Office of Legislative Audits.

(b) The Legislative Auditor may authorize the disclosure of information obtained during an examination or in relation to an act or allegation of fraud, waste, or abuse only to the following:

  (1) another employee of the Department, with the approval of the Executive Director;

  (2) federal, State, or local officials, or their auditors, who provide evidence to the Legislative Auditor that they are performing investigations, studies, or audits related to that same examination and who provide justification for the specific information requested; or

  (3) the Joint Audit and Evaluation Committee, if necessary to assist the Committee in reviewing a report issued by the Legislative Auditor.

(c) Except as provided in Sec. 2-1225 of this subtitle, if information that an employee or authorized representative obtains during an examination also is confidential under another law, the employee, authorized representative, or the Legislative Auditor may not include in a report or otherwise use the information in any manner that discloses the identity of any person who is the subject of the confidential information.

#### Section 2-1227

A person is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 if the person:

(1) fails to comply promptly with process that the Legislative Auditor issues under this Part IV of this subtitle; or

(2) violates any provision of Sec. 2-1224(b) or Sec. 2-1226 of this subtitle.

#### Section 2-1228

(a)

  (1) The Office of Legislative Audits shall maintain a fraud hotline for the reporting of allegations of fraud, waste, and abuse in the obligation, expenditure, receipt, or use of State resources.

  (2) The Office of Legislative Audits may investigate an allegation received under paragraph (1) of this subsection within the scope of its authority or refer the allegation to the appropriate federal, State, or local agencies responsible for the enforcement or administration of the matter for investigation.

(b) Each unit of State government shall:

  (1) keep posted in conspicuous places on its premises a notice prepared by the Office of Legislative Audits setting forth the methods for reporting fraud, waste, and abuse of State resources;

  (2) keep posted in conspicuous places on its website a direct link to the website of the Office of Legislative Audits for reporting fraud, waste, and abuse; and

  (3) on request of the Office of Legislative Audits, distribute information related to the prevention, detection, and reporting of fraud, waste, and abuse of State resources to State employees and other persons or bodies receiving State funds.

#### Section 2-1230

(a) In this Part V the following words have the meanings indicated.

(b) "Committees of jurisdiction" means the committees of the General Assembly that routinely handle the policy issues and legislation related to a specific governmental activity or unit subject to review under this part.

(c) "Director" means the Director of the Office.

(d) "Office" means the Office of Program Evaluation and Government Accountability.

(e) "Performance evaluation" means the review of a governmental activity or unit used to determine:

  (1) whether the governmental activity or unit, if subject to termination, should be reestablished or terminated; and

  (2) what, if any, statutory or nonstatutory changes should be recommended to the General Assembly to improve the operations and efficiency of the governmental activity or unit.

(f)

  (1) "Unit" includes each State department, agency, unit, and program, including each clerk of the court, each register of wills, and each local school system.

  (2) "Unit" does not include a department, an agency, or a unit in the Legislative Branch of State government.

#### Section 2-1231

There is an Office of Program Evaluation and Government Accountability in the Department.

#### Section 2-1232

(a) The head of the Office is the Director.

(b) Subject to the policies and directives of the President and the Speaker, the Joint Audit and Evaluation Committee, and the overall supervision and control of the Executive Director, the Director has general administrative control of the operation of the Office.

#### Section 2-1233

(a) With the approval of the Executive Director, the Director may appoint a Deputy Director and other professional staff and contract with consultants as authorized representatives.

(b) The Deputy Director:

  (1) has the duties delegated by the Director; and

  (2) may be designated by the Executive Director to act as Director if the office is vacant or the Director is unable to perform the duties of office.

#### Section 2-1234

(a)

  (1) The Office shall conduct a performance evaluation of units of State government, in accordance with the work plan developed by the Director in consultation with the Joint Audit and Evaluation Committee.

  (2) An agency or a program may be evaluated separately or as part of a larger organizational unit of State government.

  (3) In addition to the performance evaluations conducted under paragraph (1) of this subsection, the Office:

    (i) may conduct a performance evaluation of a unit on a request by the Legislative Auditor; and

    (ii) shall conduct a performance evaluation of a unit:

      (1) when directed by the Joint Audit and Evaluation Committee or the Executive Director; or

      (2) when otherwise required by law.

  (4)

    (i) When directed by the Joint Audit and Evaluation Committee, the Executive Director, or the Director, the Office shall conduct a separate investigation of an act or allegation of fraud, waste, or abuse in the obligation, expenditure, receipt, or use of State resources.

    (ii) The Director shall determine whether an investigation shall be conducted in conjunction with an audit undertaken in accordance with Part IV of this subtitle or separately.

(b) In addition to the performance evaluations conducted under subsection (a) of this section, the Office may conduct performance evaluations in accordance with the Maryland Program Evaluation Act.

(c) The Joint Audit and Evaluation Committee may direct the Office to:

  (1) conduct an assessment or a scoping performance evaluation of a unit of State government in order to determine whether the unit should undergo a more comprehensive performance evaluation under this part; and

  (2) based on the findings of the assessment or scoping preliminary evaluation conducted under item (1) of this subsection, waive the unit from a more comprehensive performance evaluation under this part.

(d) If directed by the Joint Audit and Evaluation Committee, the Office shall conduct a performance evaluation of a corporation or an association to which the General Assembly has appropriated money or that has received funds from an appropriation from the State Treasury.

(e)

  (1) If directed by the Joint Audit and Evaluation Committee, the Executive Director, the Director, or when otherwise required by law, the Office shall conduct a performance evaluation of a local school system.

  (2) A performance evaluation conducted under paragraph (1) of this subsection may be performed concurrently with or separately from an audit conducted by the Office of Legislative Audits in accordance with Sec. 2-1220 of this subtitle.

  (3) The Office shall provide information regarding the performance evaluation process to the local school system before the performance evaluation is conducted.

#### Section 2-1235

(a) This section does not apply to a performance evaluation conducted in accordance with the Maryland Program Evaluation Act.

(b) A performance evaluation conducted by the Office may include:

  (1) evaluating the efficiency, effectiveness, and economy with which resources are used;

  (2) determining whether desired program results are achieved;

  (3) determining whether a program aligns with the unit's mission;

  (4) evaluating whether a program duplicates another program or activity within another unit;

  (5) evaluating whether the governmental activity or unit under evaluation operates:

    (i) in an open and accountable manner, with public access to records and meetings, safeguards against conflicts of interest, and opportunity for public participation; and

    (ii) in a fair and nondiscriminatory manner that complies fully with law and State policy;

  (6) determining the reliability of performance measures, as defined in Sec. 3-1001 of the State Finance and Procurement Article, identified in:

    (i) the managing for results agency strategic plan developed under Sec. 3-1002(c) of the State Finance and Procurement Article; or

    (ii) the StateStat strategic plan and performance measurement report submitted to the Secretary of Budget and Management under Sec. 3-1003(d) of the State Finance and Procurement Article; and

  (7) for a performance evaluation of a local school system:

    (i) evaluating whether or not the school system is complying with federal and State laws and regulations;

    (ii) analyzing grading standards, graduation requirements, assessments, procurement, and equitable use of resources among the schools within the system evaluated; and

    (iii) identifying instances of fraud, waste, and abuse.

#### Section 2-1236

(a) Subject to subsection (b) of this section, a performance evaluation conducted by the Office shall be made at the offices of the State unit, county officer or unit, corporation, association, or local school system that is subject to examination.

(b) If considered appropriate and after consultation with the unit or body being examined, the Director may authorize all or a portion of a performance evaluation to be conducted at the offices of the Office.

(c) Before the Office removes the original or only copy of any record from the premises of a State unit, county unit, or a school system, the Office shall obtain the approval of the State unit, county unit, or the school system.

#### Section 2-1237

(a)

  (1) Except as prohibited by the Internal Revenue Code, the employees and authorized representatives of the Office shall have access to and may inspect the records, including those that are confidential by law, of any unit of State government or of a person or other body receiving State funds, with respect to any matter under the jurisdiction of the Office.

  (2) In conjunction with a performance evaluation authorized under this subtitle, the access required by paragraph (1) of this subsection shall include access to the records of contractors and subcontractors that perform work under State contracts.

  (3) The employees or authorized representatives of the Office shall have access to and may inspect the records, including those that are confidential by law, of any local school system to undertake the performance evaluations authorized under Sec. 2-1234 of this subtitle.

(b) Each officer or employee of the unit or body that is subject to a performance evaluation shall provide any information that the Director determines to be needed for the examination of that unit or body, or of any matter under the authority of the Office, including information that otherwise would be confidential under any provision of law.

(c)

  (1) The Director may issue process that requires an official of a State unit or school system that is subject to performance evaluation to produce a record that is needed for the performance evaluation.

  (2) The process shall be sent to the sheriff for the county where the official is located.

  (3) The sheriff promptly shall serve the process.

  (4) The State shall pay the cost of process.

  (5) If a person fails to comply with process issued under this subsection or fails to provide information that is requested during a performance evaluation, a circuit court may issue an order directing compliance with the process or compelling that the information requested be provided.

#### Section 2-1238

(a) This section does not apply to a performance evaluation conducted in accordance with the Maryland Program Evaluation Act.

(b) On the completion of each performance evaluation, the Director shall submit a full and detailed report to the Joint Audit and Evaluation Committee.

(c) A full and detailed report prepared by the Office shall include:

  (1) a summary of significant legislative and regulatory changes;

  (2) the findings of the performance evaluation;

  (3) specific recommendations for making the program or activity more efficient or effective, including recommendations for consolidation or elimination of any duplicative programs or activities;

  (4) an estimate of the costs or savings, if any, expected from implementing the findings and recommendations;

  (5) recommended legislation needed to implement the findings and recommendations; and

  (6) any response of the unit or body that is the subject of the report, subject to procedures approved by the Joint Audit and Evaluation Committee.

(d)

  (1) Subject to paragraph (2) of this subsection, an employee or authorized representative of the Office may submit a draft report of findings only to the Director or the Executive Director.

  (2) A draft report shall be provided to the unit or body that is the subject of the report for the purpose of soliciting the response of the unit or body that is required to be included in the full and detailed report under subsection (c)(6) of this section.

(e) The Director shall send a copy of the full and detailed report to:

  (1) the President of the Senate and the Speaker of the House of Delegates;

  (2) the committees of jurisdiction;

  (3) members of the General Assembly, in accordance with Sec. 2-1257 of this subtitle;

  (4) the Governor;

  (5) the unit or body that is the subject of the report;

  (6) the Secretary of Budget and Management;

  (7) the Executive Director; and

  (8) any other person whom the Joint Audit and Evaluation Committee specifies.

(f) After the expiration of any period that the Joint Audit and Evaluation Committee specifies, the Director shall make a report available to the public online and under the Public Information Act.

(g)

  (1) The Director shall review each unit's response and advise the unit of the results of the review.

  (2) The Director shall advise the Joint Audit and Evaluation Committee when:

    (i) a unit does not submit a response to a recommendation;

    (ii) a unit does not indicate action, as relevant, to be taken in response to a recommendation;

    (iii) a unit requests a modification of or a waiver from a recommendation; or

    (iv) the response by the unit is not considered appropriate to carry out the recommendation.

  (3) The Executive Director or the Joint Audit and Evaluation Committee may direct the Director to undertake a review to determine the extent to which action has been taken by a unit to implement a report recommendation.

  (4) With respect to performance-related findings and recommendations, the Joint Audit and Evaluation Committee may make recommendations to the Governor or propose legislation after reviewing a unit's response to a recommended action.

(h)

  (1) The Governor shall implement systems and processes to monitor the efforts of the Executive Departmental Units to address performance evaluation findings reported by the Office.

  (2) Within 9 months of a performance evaluation report, any unit directed to do so shall report to the Office for each finding or recommendation in that performance evaluation report:

    (i) the actions taken to address the finding or recommendation; or

    (ii) a schedule for when specific actions will be implemented.

#### Section 2-1239

(a)

  (1) In addition to the reports under Sec. 2-1238 of this subtitle, the Director shall report an apparent violation of law by a unit of State government or other body that is examined.

  (2) A report under this subsection shall be submitted to:

    (i) the Joint Audit and Evaluation Committee;

    (ii) the Executive Director;

    (iii) the unit or body that is the subject of the report; and

    (iv) the Office of the Attorney General.

(b)

  (1) If the Director discovers any alleged criminal violation by a person during the course of a performance evaluation, the Director shall report the alleged violation to the Attorney General and the appropriate State's Attorney.

  (2) A report under this subsection shall ask the Attorney General and State's Attorney to take appropriate action.

  (3) Unless the Attorney General or State's Attorney decides to prosecute an alleged criminal violation reported under this subsection, the Attorney General and State's Attorney shall keep the report of the Director under this subsection confidential.

  (4) The Attorney General may investigate and prosecute any alleged criminal violation reported under this subsection and has all the powers and duties of a State's Attorney, including the use of a grand jury in any county, to investigate and prosecute the alleged violation.

(c)

  (1) The Office of the Attorney General shall respond, in writing, to a report received from the Director under this section.

  (2) The response of the Attorney General shall include what actions, if any, were taken as a result of the findings of the Director.

  (3) The response of the Attorney General shall be submitted to:

    (i) the Joint Audit and Evaluation Committee;

    (ii) the Executive Director;

    (iii) the unit or body that is the subject of the report; and

    (iv) the Director.

#### Section 2-1240

(a) Except as otherwise provided in this title, confidential information that an employee or authorized representative of the Office or the Office of Policy Analysis obtains during a performance evaluation:

  (1) remains confidential; and

  (2) may not be disclosed except to another employee or authorized representative of the Office or the Office of Policy Analysis.

(b) Information obtained during a performance evaluation may be provided in a format that protects the confidentiality of individuals as necessary.

(c) The Director may authorize the disclosure of confidential information obtained during a performance evaluation only to the following:

  (1) another employee of the Department, with the approval of the Executive Director;

  (2) federal, State, or local officials, or their auditors, who provide evidence to the Director that they are performing investigations, studies, or audits related to that same examination and who provide justification for the specific information requested; or

  (3) the Joint Audit and Evaluation Committee, if necessary to assist the Committee in reviewing a report issued by the Office.

(d) Except as provided in Sec. 2-1239 of this subtitle, if information that an employee or authorized representative obtains during a performance evaluation also is confidential under another law, the employee, authorized representative, or the Director may not include in a report or otherwise use the information in any manner that discloses the identity of any person who is the subject of the confidential information.

#### Section 2-1241

A person is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 if the person:

(1) fails to comply promptly with process that the Director issues under this part; or

(2) violates any provision of Sec. 2-1238(d) or Sec. 2-1240 of this subtitle.

#### Section 2-1244

(a) In this Part VI the following words have the meanings indicated.

(b) "Director" means the Director of the Office.

(c) "Office" means the Office of Policy Analysis.

#### Section 2-1245

There is an Office of Policy Analysis in the Department.

#### Section 2-1246

(a) The head of the Office is the Director.

(b) Subject to the policies and directives of the President and the Speaker and the overall supervision and control of the Executive Director, the Director shall oversee the operation of the Office.

(c) The Director shall facilitate the creation and oversee the operation of functional, subject matter, special project, and any other workgroups to achieve maximum cooperation and the greatest efficiency in the use of staff and resources in the Office.

#### Section 2-1247

(a) In addition to any duties set forth elsewhere, the Office shall:

  (1) conduct studies, develop options, and make recommendations on fiscal matters that relate to the State budget including:

    (i) taxes and revenues;

    (ii) finances;

    (iii) financial policies of public agencies; and

    (iv) grants to individuals and private entities;

  (2) conduct studies, develop options, and make recommendations on financial and other matters of the State government;

  (3) conduct studies, develop options, and make recommendations on organization and management improvement in State government;

  (4) study all matters that relate to the efficient and effective operation of the State government, whether or not the matter is a direct budgetary concern;

  (5) propose statutory changes to effect operational economy or effective administration;

  (6) perform the following duties with respect to the review of expenditures:

    (i) review each item in the proposed State budget so as to be able to report on the justification of a unit for that item;

    (ii) review the proposed State budget at each stage of its consideration;

    (iii) during consideration of the proposed State budget, identify each of the items that:

      (1) provides for a new function; or

      (2) has been disapproved previously by the General Assembly;

    (iv) evaluate each proposal of a unit of the State government for an appropriation, including any proposal that:

      (1) is in the proposed State budget;

      (2) is considered with the proposed State budget; or

      (3) involves State financing of a capital improvement; and

    (v) evaluate the activities of each unit of the State government as these activities relate to a proposed or actual expenditure of public money;

  (7) report, subject to Sec. 2-1257 of this subtitle, on the public debt of the State, including the effect of an additional debt authorization or issue on State finances;

  (8) after each session of the General Assembly, summarize the effect of the legislative program on the financial condition of the State;

  (9) provide to the General Assembly and its committees information on fiscal matters;

  (10) exchange, with federal and State units, information on taxation, revenues, expenditures, and related matters;

  (11) conduct studies on the fiscal relationships of the State with its units and with local governments;

  (12) conduct studies on the operation, administration, staff, and physical plants of each unit of the State government;

  (13) as directed by the General Assembly, the Legislative Policy Committee, the Joint Audit and Evaluation Committee, or other legislative committees:

    (i) subject to Sec. 2-1257 of this subtitle, submit reports on the studies on units of the State government; and

    (ii) conduct other special studies and prepare other special reports;

  (14) review the financial reports received from each political subdivision in accordance with Sec. 16-103 of the Local Government Article as to completeness and accuracy. If the report needs revision, the political subdivision shall be advised and shall submit the requested information within 15 days. The financial reports of political subdivisions shall be available for public inspection and certified copies shall be provided by the Office for a reasonable fee;

  (15) subject to Sec. 2-1257 of this subtitle, publish an annual report on the revenues and expenditures of each county, municipal corporation, and special taxing district created by law; and

  (16) carry out any other functions related to budget and fiscal affairs required by the Executive Director.

(b) The Executive Director shall dedicate an appropriate number of employees of the Department and an adequate level of Department resources to the year-round performance of the following functions:

  (1) analyzing the State budget;

  (2) forecasting trends in the State budget;

  (3) identifying significant financial policies of public agencies in the State budget;

  (4) reviewing proposed amendments to the State budget approved by the General Assembly; and

  (5) conducting revenue forecasts.

#### Section 2-1248

In addition to any duties set forth elsewhere, the Office shall:

(1) on request of a member of the General Assembly, analyze and report on:

  (i) the laws of any state on a specific subject and all of the available information about the practical operation and effect of those laws; and

  (ii) the acts and records of any state;

(2) compile information on and analyze any matter that is the subject of proposed legislation;

(3) on request of a member of the General Assembly, prepare or help to prepare a bill or resolution that, unless the member specifies otherwise, conforms to the style manual of the Office;

(4) provide analyses of proposed and emergency regulations of Executive Branch agencies;

(5) make recommendations for the reclassification, rearrangement, renumbering, rewording, and other formal revision of the public general laws of Maryland;

(6) make recommendations for appropriate systems to collect and publish:

  (i) the public local laws;

  (ii) executive orders; and

  (iii) the regulations of units of the Executive Branch of the State government;

(7) complete the formal revision of statutory law for the General Assembly by preparing and submitting to the General Assembly recommendations for the repeal or modification of statutes that are obsolete, inconsistent with another statute, unconstitutional, or otherwise in need of formal revision;

(8) correct manifest spelling, grammatical, or clerical errors or errors of addition or omission in the Code maintained by the Department, and include any such correction in the Annual Corrective Bill for ratification by the General Assembly;

(9) maintain the clarity, simplicity, and consistency of style of statutory law;

(10) have a style manual for statutory law;

(11) include in the style manual a drafting rule that requires, to the extent practicable, the use of words that are neutral as to gender except for a subject matter that specifically applies only to one gender and except for a name or organizational title;

(12) assign a chapter number to each bill, and a joint resolution number to each joint resolution, that, by operation of law, becomes law without the signature of the Chief Executive, and notify the Secretary of State in writing of these assignments; and

(13) carry out any other function related to legal affairs required by the Executive Director.

#### Section 2-1249

(a) In addition to any other duties set forth elsewhere, the Office shall:

  (1) subject to subsection (b) of this section, prepare analyses of the fiscal, legal, and policy impact of proposed legislation;

  (2) research and prepare comprehensive assessments and evaluations of issues of concern to the General Assembly; and

  (3) carry out any other function related to research services required by the Executive Director.

(b) The Office is not required to prepare an analysis of an enabling act, as defined in Sec. 8-101 of the State Finance and Procurement Article, if:

  (1) a financial sheet, in the form that the Office requires, is submitted with the legislation; and

  (2) the Office publishes the financial sheet on the website of the Maryland General Assembly.

(c)

  (1) In order to facilitate the preparation of the analyses required under subsection (a)(1) of this section, a unit of State government shall respond to a request from the Office for information on the fiscal and operational impact of proposed legislation within 3 business days after receipt of the request.

  (2) The Office may waive the requirement under paragraph (1) of this subsection on a case-by-case basis.

#### Section 2-1250

In addition to any other duties set forth elsewhere, the Office shall:

(1) provide professional staffing services, as required by the Executive Director, to any standing committee, statutory committee, or special joint or unicameral committee or subcommittee of the General Assembly;

(2) with the consent of the President and the Speaker, provide professional staffing services, as required by the Executive Director, to any joint legislative and executive body; and

(3) carry out any other function related to committee staffing services required by the Executive Director.

#### Section 2-1251

In addition to any other duties set forth elsewhere, the Office shall:

(1) provide library and information services to the General Assembly and the general public;

(2) index and preserve all information prepared as a result of the provisions of Sec. 2-1248 of this subtitle; and

(3) carry out any other function related to library and public information services required by the Executive Director.

#### Section 2-1254

(a)

  (1) After each regular session, the Department shall compile and index:

    (i) the laws that are enacted during that session;

    (ii) the executive orders that have been adopted pursuant to Article II, Sec. 24 of the Maryland Constitution since the last compilation; and

    (iii) the certificates of the State Board of Elections as to the referendum vote on a law, if the vote has not been published previously.

  (2) After each special session, the Department shall compile and index the laws that are enacted during that session.

(b)

  (1) After completion of the compilation and index, the Department shall deliver copies of the laws, executive orders adopted pursuant to Article II, Sec. 24 of the Maryland Constitution, certificates, and titles to the printer who is designated to print the session laws.

  (2) The printer shall print promptly:

    (i) the documents delivered under this section; and

    (ii) with the compilation for a regular session, the statement of receipts and expenditures of public money delivered under Sec. 2-103 of the State Finance and Procurement Article.

  (3) The printer shall deliver the volumes to the Executive Director.

  (4) The Department shall publish other executive orders delivered to it in accordance with Sec. 3-406(b) of this article.

(c) The Department shall:

  (1) create and maintain, in the form of a statutory database, a code comprising the public general laws of the State; and

  (2) maintain the structural integrity and textual accuracy of that code.

#### Section 2-1255

(a) The Department shall sell, exchange, or otherwise distribute bound volumes of the laws, the Senate journal, and the House journal.

(b) Distribution under this section shall include provision of 1 copy of a volume to each public, circulating library or library association that requests the volume if, when the request is made, the Department has at least 26 copies of the requested volume.

#### Section 2-1256

The Department shall:

(1) keep a current list of the public local laws of the State;

(2) keep the list accessible to the members of the General Assembly at all times; and

(3) subject to Sec. 2-1257 of this subtitle, annually submit the list to the General Assembly.

#### Section 2-1257

(a) In this section, "publication" includes any report, study, or notification.

(b) For each publication that an official or unit of the State government intends to distribute or submit to the General Assembly or to any committee, staff agency, or employee of the General Assembly, the official or unit shall:

  (1) submit one copy to the President and one copy to the Speaker in the format requested by the President and the Speaker;

  (2) submit five printed copies to the library of the Department; and

  (3) in the case of a publication to be distributed to a committee of the General Assembly:

    (i) unless the publication is being submitted to the committee as specifically required by law, obtain approval for the distribution from the committee chair; and

    (ii) comply with the distribution requirements of the committee.

(c) An official or unit:

  (1) shall submit to the library of the Department, in addition to the copies of a publication required under subsection (b)(2) of this section, any additional copies of the publication requested by the library on behalf of a member of the General Assembly; and

  (2) may give a publication directly to a member of the General Assembly only if:

    (i) the President and the Speaker have given written approval for distribution of the publication to each member of the General Assembly; or

    (ii) the member asks for the publication.

(d) To assist the Department in carrying out its duties under subsection (f) of this section, each publication submitted to the General Assembly or to any committee, staff agency, or employee of the General Assembly in fulfillment of a duty imposed by law shall specify the law under which the publication is being submitted.

(e) The Department shall:

  (1) keep a list of the publications of the officials and units;

  (2) periodically send the list to each member of the General Assembly; and

  (3) on request of a member of the General Assembly, obtain a publication of an official or unit for the member.

(f) The library of the Department shall:

  (1) catalog and preserve the publications that officials and units submit as required by law; and

  (2) collect, catalog, and preserve any other publication that the Department considers necessary or that the Department is directed by the President or the Speaker to collect, catalog, and preserve.

#### Section 2-1258

(a)

  (1)

    (i) On request of a member of the General Assembly, the Department shall provide the member with an annotated code of the public general laws of Maryland that is published by a publisher and produced in a format to be selected by the Executive Director.

    (ii) An annotated code shall be provided to a member under this subsection only during the term of the member, at the end of which the annotated code shall be returned to the Department.

    (iii) The Department shall keep the annotated code provided under this subsection current.

  (2) On request, the Department shall provide one additional copy of an annotated code of Maryland to each:

    (i) presiding officer;

    (ii) pro tempore officer;

    (iii) chair of a standing committee;

    (iv) majority leader; and

    (v) minority leader.

(b) A member shall return to the Department the code provided by the Department on or before the expiration of the member's final term of office. If a member resigns or is removed from office before the expiration of the member's term, the member shall promptly return the code to the Department.

#### Section 2-1259

The Department shall:

(1) annually make:

  (i) a list that includes the name, position, term of office, and salary of each civil officer whom the Governor appointed during the preceding calendar year; and

  (ii) a list that includes the name, position, term of office, and salary of each civil officer whose term expires during the current calendar year;

(2)

  (i) send a copy of each list to each member of the General Assembly; and

  (ii) make the lists available to any person who requests them; and

(3) include on the lists only civil officers whom the Governor appoints, subject to the approval of the Senate or the House of Delegates.

#### Section 2-1260

The Department is the sole determiner of the form of public records released pursuant to Title 10, Subtitle 6, Part III of this article.

#### Section 2-1261

(a) On or before October 31 each year, the Department of Public Safety and Correctional Services shall submit to the Department, in the form of electronic raw data, de-identified and disaggregated by age, race, and sex, information required to be reported to the Governor in accordance with Sec. 3-207(a)(2) of the Correctional Services Article.

(b)

  (1) On or before November 30 each year, the Department of State Police shall submit to the Department, in a format that the Executive Director requires, the information collected in accordance with Sec. 2-307(a)(2) of the Public Safety Article.

  (2) On or before August 1, 2022, the Department of State Police and the Department shall enter into a memorandum of understanding, the terms of which shall include:

    (i) a data sharing agreement for all information collected in accordance with Sec. 2-307 of the Public Safety Article;

    (ii) a work plan for access to collected data for research and statistical analysis purposes;

    (iii) a listing of all data fields collected for the Crime in Maryland Report and the Hate Bias Report; and

    (iv) an update on the status of compliance with the National Incident-Based Reporting System by law enforcement agencies in the State.

(c) On or before October 31 each year, the Maryland Police Training and Standards Commission shall submit to the Department, in the form of electronic raw data, de-identified and disaggregated by agency and incident:

  (1) information required to be reported to the General Assembly in accordance with Sec. 3-514(b)(1) of the Public Safety Article; and

  (2) information required to be collected in accordance with Sec. 3-207(b) of the Public Safety Article.

(d) On or before October 31 each year, the Governor's Office of Crime Prevention and Policy shall submit to the Department, in the form of electronic raw data, de-identified and disaggregated by incident, information collected in accordance with:

  (1) Sec. 3-528 of the Public Safety Article; and

  (2) Sec. 25-113 of the Transportation Article.

(e) On or before August 1, 2022, the Department of Juvenile Services and the Department shall enter into a memorandum of understanding, the terms of which shall include:

  (1) the provision of various custom reports to the Department, including information, de-identified and disaggregated by juvenile, relating to the juvenile's record of:

    (i) delinquency;

    (ii) court actions;

    (iii) supervision; and

    (iv) placement; and

  (2) the development of a work plan by the Department of Juvenile Services regarding efforts to include specific race and ethnicity data for individual juveniles.

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Md. Code Ann., State Gov't (as displayed at mgaleg.maryland.gov, October 16, 2026)