Ch. 306                                    2004 LAWS OF MARYLAND

CHAPTER 306
(Senate Bill 787)

AN ACT concerning

Public School Facilities Act of 2004

FOR the purpose of authorizing counties to finance the construction or renovation of
public school facilities, under certain circumstances, using alternative financing
methods, engaging in competitive negotiation, accepting unsolicited proposals,
and using quality based selection; authorizing a private entity to hold title to
property used for a certain public school or school system under certain
circumstances; clarifying that the requirements of certain provisions of the
State Finance and Procurement Article apply to certain projects; expressing the
intent of the General Assembly that the State Department of Education and the
Public School Construction Program encourage local education agencies to use
recently used school designs under certain circumstances; requiring the
Interagency Committee on School Construction to survey the condition of
certain school buildings; requiring the Department of General Services to
conduct certain inspections; requiring the Interagency Committee to make a
certain annual report to the Governor and the General Assembly; requiring the
Department of General Services to submit a certain annual report to the State
Department of Education and local education agencies; authorizing certain
counties to issue certain bonds under certain circumstances; providing for the
issuance and administration of the bonds; providing for the repayment of the
bonds; authorizing certain counties to impose a sales tax on certain retail sales,
subject to certain limits; authorizing certain counties to impose a certain
transfer tax on certain instruments, subject to certain limits; repealing a certain
exemption from the Administrative Procedure Act; altering the amount of
grants provided to counties under the Aging Schools Program; providing an
exception to a certain mandatory level of State funds to be granted to Prince
George's County and Baltimore City; expressing the intent of the General
Assembly that the Board of Public Works establish an emergency repair fund to
be used to finance certain renovations and improvements to public schools;
specifying that the purchase of relocatable classrooms are is eligible for State
funding; requiring the Public School Construction Program to provide assistance
to Baltimore City, counties, and local education agencies in using alternative
financing mechanisms; requiring the Capital Debt Affordability Committee to
review certain school funding needs and to make a certain annual
recommendation; providing that private ownership of public schools does not
affect the status of local school system employees; requiring the State
Department of Education to adopt certain regulations; requiring the Board of
Public Works to adopt certain regulations; defining certain terms; providing for
the effective dates of this Act; and generally relating to the funding and
administration of public school construction.

BY repealing and reenacting, with amendments,
Article - Education

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