In this subtitle, “Governor-elect” means the individual whom the Board of State Canvassers declares to be the successful candidate for Governor after a general election for that office.

The General Assembly finds that, since a disruption of continuity in the conduct of the affairs of the State government could be detrimental to the safety and welfare of the State and its people, the transfer of executive power, in connection with the expiration of the term of a Governor and the inauguration of another Governor, must be carried out in a manner that ensures continuity. The purpose of this subtitle is to promote the orderly transfer of executive power. The General Assembly intends that: appropriate action be taken to avoid or to minimize any disruption of continuity in the conduct of the affairs of the State government; and in addition to the specific provisions of this subtitle, each State officer, in conducting the affairs of the State government: consider the problems that result from a transfer of executive power; take appropriate and lawful action to avoid or to minimize any disruption; and otherwise promote an orderly transfer of executive power.

This subtitle does not apply if the Governor-elect is the incumbent Governor.

To inform career civil servants about program goals and new policies and to establish communication with the administration of the incumbent Governor, the Governor–elect may circulate questionnaires or otherwise obtain information from the administration. The Governor–elect may ask any question that will help to carry out the purpose of this subtitle, including a question that is intended to obtain: a description of a program; a recommendation and justification for expansion, limitation, or elimination of a service; a projection of future developments or needs in a program; a recommendation for an administrative change; a comment on anticipated federal developments that might affect a program or the State budget; or an elaboration of procedural details. The incumbent Governor shall direct that all official documents, vital information, and procedural manuals are to be made available to the Governor–elect. The Governor–elect shall consult with the State Ethics Commission to begin the process of establishing a certified blind trust or divesting of private interests in accordance with § 5–501.1 of the General Provisions Article.

The Secretary of Budget and Management shall provide to a Governor-elect: the information requested by the Governor-elect that is the basis for the proposed budget to be submitted by the Governor-elect for the next fiscal year; and after completion of the proposed budget: a copy of the proposed budget; and all facilities that the Governor-elect reasonably needs to become familiar with the proposed budget. After the Governor-elect reviews the proposed budget, the Governor-elect may prepare proposed additions and other changes. The Secretary of Budget and Management shall: on request of the Governor-elect, help prepare the proposed changes; have printed as many copies of the proposed changes as the Governor-elect requests; on or before the 1st day of the regular session of the General Assembly, compile a summary of the proposed changes; and on request of the Governor-elect, distribute the copies of the proposed changes to the appropriate agencies and officials. Immediately following the meeting of the Board of State Canvassers, the Governor-elect may call upon any unit of the Executive Branch to assist in developing the Governor-elect’s budget for the next ensuing fiscal year. The initial preparation of the budget shall be at the direction of the incumbent Governor. The preparation of the final budget shall be at the direction of the Governor-elect who shall submit it to the General Assembly as provided by Article III, § 52 of the Maryland Constitution. The Governor whose term is ending may not submit a proposed budget to the General Assembly.

Any State employee may be assigned to the office staff of the Governor-elect. During that assignment, the employee: is responsible only to the Governor-elect for the performance of duties; is entitled to the compensation provided by law for the regular employment of the employee; and retains the rights and privileges of that employment. In addition to any State employee assigned under subsection (a) of this section, a Governor-elect may appoint other office staff. An individual who is appointed under this subsection is not a regular employee of the State government.

Subject to the limitation in paragraph (2) of this subsection, the Secretary of General Services may provide any necessary facility or service that a Governor-elect requests for use in preparing to assume the duties of office, including the facilities and services set forth in this section. The Secretary of General Services may not pay any obligation for the provision of facilities or services that a Governor-elect incurs on or before the date of the general election for the office of Governor. After consultation with a Governor-elect, the Secretary of General Services may provide office space that is suitable and has appropriate supplies and furnishings. The Secretary of General Services may authorize: payment of any expenses for services of consultants for the Governor-elect; reimbursement of a unit of the State government whose employee is assigned to the office staff of the Governor-elect; payment of the compensation that the Governor-elect sets for other staff; and payment of appropriate subsistence allowances and other travel expenses, including the rental of motor vehicles, that the Governor-elect finds necessary for individuals who are employed intermittently or serve without compensation. The Secretary of General Services may: provide the communication services that the Governor-elect finds necessary; authorize payment for necessary printing and binding; and provide for the conveyance of mail that the Governor-elect sends in connection with preparing to assume the duties of office.

In each budget bill for a fiscal year in which the term of a Governor expires, the Governor shall include an appropriation, to the Secretary of General Services, of the money needed to carry out the purpose of this subtitle. The appropriation under this section may not be more than $50,000. If the Governor-elect is the incumbent Governor, the appropriation under this section shall revert to the General Fund of the State.

This subtitle may be cited as the “Maryland Gubernatorial Transition Act”.