In this subtitle the following words have the meanings indicated. “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 subtitle. “Department” means the Department of Legislative Services. “Evaluation” means the process of legislative review of a governmental activity or unit used to determine: whether the governmental activity or unit should be reestablished or terminated; and what, if any, statutory or nonstatutory changes should be recommended to the General Assembly to improve the operations of the governmental activity or unit. “Governmental activity” means a program, service, or other function of government. “Office” means the office in the Department of Legislative Services designated by the Executive Director of the Department.

The General Assembly finds that: a framework that allows for periodic, legislative review of the regulatory, licensing, and other governmental activities of the Executive Branch of the State government is essential for the maintenance of a government in which the citizens have confidence and of a healthy State economy; and this legislative review is consistent with other activities and goals of the General Assembly. The purposes of this subtitle are to: establish a system of legislative review that will: determine whether a governmental activity is necessary for the public interest; and make units that are responsible for necessary governmental activities accountable and responsive to the public interest; and ensure that the legislative review takes place by establishing, by statute, a process for the review and other legislative action.

This subtitle applies only to the following governmental activities and units: Acupuncture Board, State (§ 1A–201 of the Health Occupations Article); Amusement Ride Safety, State Advisory Board (§ 3–303 of the Business Regulation Article); Apprenticeship and Training Council (§ 11–403 of the Labor and Employment Article); Architects, State Board of (§ 3–201 of the Business Occupations and Professions Article); Athletic Commission, State (§ 4–201 of the Business Regulation Article); Audiologists, Hearing Aid Dispensers, and Speech–Language Pathologists, State Board of Examiners for (§ 2–201 of the Health Occupations Article); Barbers, State Board of (§ 4–201 of the Business Occupations and Professions Article); Behavior Analyst Advisory Committee (§ 17–6A–05 of the Health Occupations Article); Boiler Rules, Board of (§ 12–904 of the Public Safety Article); Cemetery Oversight, Office of (§ 5–201 of the Business Regulation Article); Chiropractic Examiners, State Board of (§ 3–201 of the Health Occupations Article); Collection Agency Licensing Board, State (§ 7–201 of the Business Regulation Article); Community Health Resources Commission, Maryland (§ 19–2102 of the Health – General Article); Cosmetologists, State Board of (§ 5–201 of the Business Occupations and Professions Article); Counselors and Therapists, State Board of Professional (§ 17–201 of the Health Occupations Article); Dental Examiners, State Board of (§ 4–201 of the Health Occupations Article); Dietetic Practice, State Board of (§ 5–201 of the Health Occupations Article); Electricians, State Board of Master (§ 6–201 of the Business Occupations and Professions Article); Elevator Safety Review Board (§§ 12–819 through 12–841 of the Public Safety Article); Engineers, State Board for Professional (§ 14–201 of the Business Occupations and Professions Article); Engineers, State Board of Stationary (§ 6.5–201 of the Business Occupations and Professions Article); Environmental Health Specialists, State Board of (§ 21–201 of the Health Occupations Article); Financial Regulation, Office of (§ 2–101 of the Financial Institutions Article); Foresters, State Board of (§ 7–201 of the Business Occupations and Professions Article); Health Care Commission, Maryland (§ 19–103 of the Health – General Article); Health Services Cost Review Commission, State (§ 19–202 of the Health – General Article); Heating, Ventilation, Air–Conditioning, and Refrigeration Contractors, State Board of (§ 9A–201 of the Business Regulation Article); Home Improvement Commission, Maryland (§ 8–201 of the Business Regulation Article); Horse Industry Board, Maryland (§ 2–701 of the Agriculture Article); Individual Tax Preparers, State Board of (§ 21–201 of the Business Occupations and Professions Article); Interior Designers, State Board of Certified (§ 8–201 of the Business Occupations and Professions Article); Labor and Industry, Division of (Title 2 of the Labor and Employment Article) and related programs; Land Surveyors, State Board for Professional (§ 15–201 of the Business Occupations and Professions Article); Landscape Architects, State Board of Professional (§ 9–201 of the Business Occupations and Professions Article); Law Examiners, State Board of (§ 10–201 of the Business Occupations and Professions Article); Marine Contractors Licensing Board (§ 17–201 of the Environment Article); Maryland–Bred Race Fund Advisory Committee (§ 11–531 of the Business Regulation Article); Massage Therapy Examiners, State Board of (§ 6–201 of the Health Occupations Article); Morticians and Funeral Directors, State Board of (§ 7–201 of the Health Occupations Article); Nursing, State Board of (§ 8–201 of the Health Occupations Article), including the allied health advisory committees under the jurisdiction of the Board; Nursing Home Administrators, State Board of Examiners of (§ 9–201 of the Health Occupations Article); Occupational Safety and Health Advisory Board (§ 5–302 of the Labor and Employment Article); Occupational Therapy Practice, State Board of (§ 10–201 of the Health Occupations Article); On–site Wastewater Professionals, State Board of (§ 9–11A–05 of the Environment Article); Optometry, State Board of Examiners in (§ 11–201 of the Health Occupations Article); Pharmacy, State Board of (§ 12–201 of the Health Occupations Article); Physical Therapy Examiners, State Board of (§ 13–201 of the Health Occupations Article); Physicians, State Board of (§ 14–201 of the Health Occupations Article), including the allied health advisory committees under the jurisdiction of the Board; Pilots, State Board of (§ 11–201 of the Business Occupations and Professions Article); Plumbing, State Board of (§ 12–201 of the Business Occupations and Professions Article); Podiatric Medical Examiners, State Board of (§ 16–201 of the Health Occupations Article); Prescription Drug Monitoring Program in the Maryland Department of Health (§ 21–2A–02 of the Health – General Article); Psychologists, State Board of Examiners of (§ 18–201 of the Health Occupations Article); Public Accountancy, State Board of (§ 2–201 of the Business Occupations and Professions Article); Racing Commission, State (§ 11–201 of the Business Regulation Article); Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors, State Commission of (§ 16–201 of the Business Occupations and Professions Article); Real Estate Commission, State (§ 17–201 of the Business Occupations and Professions Article); Residential Child Care Program Professionals, State Board for Certification of (§ 20–202 of the Health Occupations Article); security systems technicians, licensing and regulation of (§ 18–201 of the Business Occupations and Professions Article); Sign Language Interpreters, State Board of (§ 9–2410 of this article); Social Work Examiners, State Board of (§ 19–201 of the Health Occupations Article); Standardbred Race Fund Advisory Committee, Maryland (§ 11–625 of the Business Regulation Article); Veterinary Medical Examiners, State Board of (§ 2–302 of the Agriculture Article); Waterworks and Waste Systems Operators, State Board of (§ 12–201 of the Environment Article); and Well Drillers, State Board of (§ 13–201 of the Environment Article).

When directed by the Legislative Policy Committee, the Joint Audit and Evaluation Committee, the Executive Director, the Director of the Office of Policy Analysis, or the Director of the Office of Program Evaluation and Government Accountability, the Office shall conduct an evaluation of a governmental activity or unit and the statutes related to the governmental activity or unit. The Office, in consultation with the committees of jurisdiction, shall develop a work plan for an evaluation conducted under subsection (a) of this section. The evaluation report for an evaluation conducted under subsection (a) of this section: shall be consistent with the work plan developed under subsection (b) of this section; and may address the governmental activity’s or unit’s: efficiency; effectiveness; role in protecting consumers; sufficiency of resources; and accomplishment of legislative objectives. On completion, the Department shall submit each evaluation report, including draft legislation to implement any recommended statutory changes, to the committees of jurisdiction.

On or before the 10th day of the regular session of the General Assembly in the year after the evaluation of a governmental activity or unit has been completed, the committees of jurisdiction for the governmental activity or unit shall hold a public hearing to receive testimony on the evaluation report from the Department, the unit under evaluation or responsible for the governmental activity under evaluation, and the public.

Subject to § 2–1257 of this article, on or before the 20th day of the regular session of the General Assembly in the year after an evaluation of a governmental activity or unit has been completed, the committees of jurisdiction for the governmental activity or unit shall submit a report to the General Assembly. The report shall recommend whether a governmental activity or unit that has undergone an evaluation should be reestablished, with or without changes, or allowed to terminate. The report shall be accompanied by each bill that is needed to accomplish the recommendations in the report.

During an evaluation conducted under § 8–404 of this subtitle, the unit under evaluation or responsible for the governmental activity under evaluation shall: promptly provide any information that the Department or a committee of the General Assembly requests; and otherwise cooperate with the Department to carry out the requirements of this subtitle. Information requested under subsection (a)(1) of this section may be provided in a format that protects the confidentiality of individuals as necessary. The Department shall follow procedures to maintain the confidentiality of any information, documents, or proceedings obtained or observed in the course of carrying out the requirements of this subtitle.

Each unit subject to termination or responsible for the governmental activity subject to termination shall ensure that legislation is requested to extend the termination date of the unit or governmental activity. Legislation requested in accordance with subsection (a) of this section may not propose a reestablishment period that exceeds 10 years.

The term of office of a member of a unit under evaluation or responsible for a governmental activity under evaluation is not affected by reason of reestablishment of the governmental activity or unit unless the law that reestablishes the governmental activity or unit provides otherwise.

The termination of a governmental activity or unit or repeal of its statute in accordance with this subtitle is not a reason for dismissal of any claim or right of: the unit that is terminated or is responsible for the governmental activity that is terminated; or any person against that unit. The State shall assume these claims and rights.

This subtitle may be cited as the Maryland Program Evaluation Act.