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Session Laws, 2004
Volume 801, Page 1156   View pdf image
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Ch. 306                                    2004 LAWS OF MARYLAND

responsibilities, powers, and duties of the following are subject to the [rules,
regulations, and procedures] REGULATIONS adopted by the Board of Public Works
under this section:

(i)     The State Board;

(ii)    The State Superintendent;

(iii)   The county governments;

(iv)   The county boards; and

(v) All other State or local governmental agencies under this
article.

(2) If, as to public school construction or public school capital
improvements, there is any conflict between the [rules, regulations, and procedures]
REGULATIONS AND PROCEDURES of the Board of Public Works and the authority,
responsibilities, powers, and duties of the individuals and agencies specified in
paragraph (1) of this subsection, the[ rules, regulations, and procedures]
REGULATIONS AND PROCEDURES of the Board of Public Works shall prevail.

[(i)] (H) The obligation of the State to pay the costs of public school
construction and public school capital improvements extends only to those projects or
parts of projects that comply with the [rules, regulations, and procedures]
REGULATIONS AND PROCEDURES of the Board of Public Works.

[(j)] (I) (1) This subsection does not apply to the proceeds from the sale,
lease, or disposition of public school buildings constructed under contracts executed
before February 1, 1971.

(2)     [By rule or regulation] CONSISTENT WITH § 4-115 OF THIS ARTICLE
AND REGULATIONS ADOPTED BY THE BOARD OF PUBLIC WORKS TO IMPLEMENT §
4-126 OF THIS ARTICLE, the Board of Public Works may require BY REGULATION that
the PORTION OF THE proceeds received by a county from the sale, lease, or disposal of
any public school building THAT REPRESENT STATE FUNDS PROVIDED WITHIN 15
YEARS PRIOR TO THE DATE OF THE TRANSACTION shall be used solely as part of the
State funding of the construction of future public school buildings in the county in
which the sale, lease, or disposal occurred, if the public school building was:
CONSTRUCTED UNDER A CONTRACT EXECUTED ON OR AFTER FEBRUARY 1, 1971.

(i) Constructed under a contract executed on or after February 1,
1971; and

(ii) Paid for primarily with State funds under this section.

(3)     The part of the proceeds from the sale, lease, or disposal of a public
school building that fairly represents the appraised value of land and that part of the
cost of the public school building that was funded by the county shall remain as the
funds of the county.

[(k)] (J) (1) Whether by budget bill or supplementary appropriation bill, all
money appropriated to carry out the purposes of this section is a separate fund that

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Session Laws, 2004
Volume 801, Page 1156   View pdf image
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