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§ 14-117. Emergency procurements; suspension of statutes, rules, or regulations

West's Annotated Code of MarylandPublic SafetyEffective: January 5, 2022

West's Annotated Code of Maryland
Public Safety (Refs & Annos)
Title 14. Emergency Management (Refs & Annos)
Subtitle 1. Maryland Emergency Management Act (Refs & Annos)
Effective: January 5, 2022
MD Code, Public Safety, § 14-117
§ 14-117. Emergency procurements; suspension of statutes, rules, or regulations
Emergency procurements
(a)(1) This subsection applies only when the Governor or the head of a unit authorizes an emergency procurement during a state of emergency in order to prepare for or address the state of emergency under:
(i) § 14-106(b)(3) of this subtitle;
(ii) § 13-108(a) of the State Finance and Procurement Article; or
(iii) any other law that grants the Governor authority to authorize an emergency procurement.
(2) When the Governor or the head of a unit authorizes an emergency procurement, within 72 hours after the earlier of the execution of the contract or the expenditure of funds, the Governor or head of the unit shall provide written notice to the Legislative Policy Committee, including:
(i) the name, business address, and, if applicable, website address of the vendor and the dollar value of the contract;
(ii) a description of how the funds are to be used; and
(iii) an explanation of the reasons the procurement is necessary to prepare for or address the emergency.
(3) After an emergency procurement contract is executed under this subsection:
(i) if requested by the Legislative Policy Committee, the Governor or head of the unit shall provide a copy of the contract to the Legislative Policy Committee; and
(ii) the Legislative Policy Committee may request that the Office of Legislative Audits conduct an audit of the emergency procurement.
Suspension of effect of statutes or rules or regulations
(b)(1) This subsection applies only when the Governor suspends the effect of a statute or rule or regulation of an agency of the State or a political subdivision during a state of emergency under:
(i) § 14-107(d)(1)(i) of this subtitle;
(ii) § 14-108(a)(2) of this subtitle; or
(iii) any other provision that grants the Governor authority to suspend the effect of any statute or rule or regulation of an agency of the State or a political subdivision during a state of emergency.
(2) Within 72 hours after suspending the effect of a statute or rule or regulation, the Governor shall provide written notice to the Legislative Policy Committee that:
(i) identifies the statute or rule or regulation being suspended; and
(ii) explains the reasons that suspending the statute or rule or regulation is necessary to address the emergency.
(3) When the Governor suspends the effect of a regulation, the Governor shall also provide the notice required under paragraph (2) of this subsection to the Administrative, Executive, and Legislative Review Committee.
Suspension of this section
(c) The Governor may not suspend the effect of this section under:
(1) § 14-107(d)(1)(i) of this subtitle;
(2) § 14-108(a)(2) of this subtitle; or
(3) any other law that grants the Governor authority to suspend the effect of any statute during a state of emergency.

Credits

Added by Acts 2021, 1st Sp. Sess., c. 3, § 1, eff. Jan. 5, 2022; Acts 2021, 1st Sp. Sess., c. 7, § 1, eff. Jan. 5, 2022.
MD Code, Public Safety, § 14-117, MD PUBLIC SAFETY § 14-117
Current with all legislation from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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