HARRY HUGHES, Governor

2087

Annotated Code of Maryland

(1977 Volume and 1979 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That section(s) of the Annotated Code of Maryland
(as enacted by Chapter 1 of the Acts of the General Assembly
of 1980) be repealed, amended, or enacted to read as
follows:

Article 78A - Public Works

7.

(1) The Board of Public Works shall in like manner
supervise the expenditure of all sums appropriated for the
acquisition of land, buildings, equipment, new construction
and other capital expenditures, except in connection with
State roads, bridges and highways, whether made through the
medium of a budget bill, a supplementary appropriation bill
or a State bond issue bill, and all contracts for the
expenditure of sums so appropriated shall be subject to the
approval of the Board before they are are executed, after
review by the Secretary of General Services. HOWEVER, WITH
THE APPROVAL OF THE GOVERNOR, IN THE EVENT OF AN EMERGENCY
CAUSED BY AN ACT OF GOD, NATURAL DISASTER, CATASTROPHE, OR
OTHER SIMILAR NATURAL EVENT OR PUBLIC DISORDER, WHEN THE
HEALTH, SAFETY, OR WELFARE OF THE CITIZENS OF THE STATE
WOULD BE JEOPARDIZED BY A DELAY CAUSED BY THE REQUIREMENT OF
PRIOR APPROVAL, SUCH CONTRACTS MAY BE EXECUTED WITHOUT PRIOR
APPROVAL OF THE BOARD; THE CONTRACTING AGENCY SHALL REPORT
THE EXECUTION OF SUCH EMERGENCY CONTRACTS TO THE BOARD NO
LATER THAN 20 DAYS AFTER THE EXECUTION OF THE CONTRACT OR
THE NEXT MEETING OF THE BOARD, WHICHEVER FIRST OCCURS. The
Board of Public Works may adopt regulations, subject to
approval by the Joint Standing Committee on Administrative,
Executive and Legislative Review, by which State
departments, boards, commissions, institutions, or other
agencies may enter into capital project related contracts
and change orders prior to or without Board of Public Works
approval, provided (i) that the subject matter of each
contract falls within an expenditure classification
established for this purpose by the Board of Public Works,
(ii) that the aggregate annual dollar value of each contract
and its attendant change orders is less than a monetary
threshold established for the applicable expenditure
classification by the Board of Public Works, (iii) that the
monetary thresholds be sufficiently high to free the Board
from direct review of relatively insignificant items while
not impairing the strong public policy in favor of direct
Board review of items having a substantial fiscal impact,
and (iv) that an accountability or reporting system approved
by the Board is established to inform the Board with respect
to actions taken by agencies under authorities granted them
by the Board. Except as may be otherwise permitted by other
provisions of law regarding emergencies, all State
construction contracts in excess of $10,000 shall be awarded