Ch. 355                             MARVIN MANDEL, Governor                                  767

CHAPTER 355
(House Bill 1608)

AN ACT to add new Section 71(c-l) to Article 41 of the Annotated Code of
Maryland (1971 Replacement Volume and 1972 Supplement), title "Governor -
Executive and Administrative Departments," subtitle "The Department of
Budget and Fiscal Planning"; to repeal and re-enact, with amendments, Section
7(f) of Article 27A of the Code (1972 Supplement), title "Public Defender"; and
to repeal and re-enact, with amendments, Section 601 of Article 43 of the Code
(1971 Replacement Volume and 1972 Supplement), title "Health," subtitle
"Chronic Hospitals and Infirmaries," providing for the creation of a central
collection unit within the Department of Budget and Fiscal Planning, making
such unit responsible for the collection of all delinquent debts and accounts due
to the State or due agencies or officials, providing for the organization and
operation of said unit, providing for the transfer of certain personnel to said
unit, providing legal assistance to said unit, providing certain duties with respect
to other State agencies and officials concerning delinquent debts and accounts,
providing specifically for the collection of delinquent accounts due to the Public
Defender by the central collection unit, transferring certain duties to the
collection unit from the Department of Health and Mental Hygiene, renaming
the collection unit within said Department of Health and Mental Hygiene, and
relating generally to the collection of delinquent debts and accounts.

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That new Section 71 (c-1) be and it is hereby added to Article 41 of
the Annotated Code of Maryland (1971 Replacement Volume and 1972
Supplement), title "Governor - Executive and Administrative Departments,"
subtitle "The Department of Budget and Fiscal Planning," to follow immediately
after Section 71(c) thereof, and to read as follows:

71.
(C-l)

(1)       THE SECRETARY SHALL ESTABLISH WITHIN THE
DEPARTMENT A CENTRAL COLLECTION UNIT, WHICH SHALL BE
RESPONSIBLE FOR THE COLLECTION OF ALL DELINQUENT
ACCOUNTS AND DEBTS OWED TO THE STATE OR TO ANY AGENCY
OR OFFICIAL THEREOF, IN HIS OFFICIAL CAPACITY. THE
SECRETARY MAY ADOPT RULES AND REGULATIONS CONCERNING
THE OPERATION OF THE UNIT AND THE COLLECTION OF
DELINQUENT ACCOUNTS AND DEBTS. THE COLLECTION UNIT MAY
COMPROMISE, ADJUST AND SETTLE SUCH ACCOUNTS OR DEBTS
WITHOUT SUIT, IF, IN ITS JUDGMENT IT IS FEASIBLE AND
DESIRABLE TO DO SO.

(2)      ALL NET PROCEEDS COLLECTED BY THE CENTRAL
COLLECTION UNIT SHALL BE ACCOUNTED FOR AND PAID INTO
THE STATE TREASURY, EXCEPT THAT THE NET PROCEEDS
COLLECTED ON ACCOUNTS OR DEBTS DUE TO AN AGENCY WHOSE
FUNDS ARE NOT BY LAW PART OF THE TREASURY OF THE STATE
SHALL BE DELIVERED TO THE CUSTODY OF THE TREASURER FOR
THE ACCOUNT OF SUCH AGENCY.

(3)   THE SECRETARY, IN CONJUNCTION WITH THE SECRETARY
OF PERSONNEL, SHALL DETERMINE WHICH EMPLOYEES ARE
PRIMARILY ENGAGED IN THE COLLECTION OF DELINQUENT
ACCOUNTS AND DEBTS FOR THE STATE AND ITS VARIOUS