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Unannotated Code of Maryland (Last Updated: May 16, 2014) |
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STATE FINANCE AND PROCUREMENT |
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DIVISION II. GENERAL PROCUREMENT LAW |
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TITLE 17. SPECIAL PROVISIONS -- STATE AND LOCAL SUBDIVISIONS |
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SUBTITLE 2. PREVAILING WAGE RATES -- PUBLIC WORK CONTRACTS |
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PART I. DEFINITIONS; GENERAL PROVISIONS |
§ 17-201. Definitions
Latest version.
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(a) In general. -- In this subtitle, unless the context indicates otherwise, the following words have the meanings indicated.
(b) Apprentice. -- "Apprentice" means an individual who:
(1) is at least 16 years old;
(2) has signed with an employer or employer's agent, an association of employers, an organization of employees, or a joint committee from both, an agreement including a statement of:
(i) the trade, craft, or occupation that the individual is learning; and
(ii) the beginning and ending dates of the apprenticeship; and
(3) is registered in a program of the Council or the Bureau of Apprenticeship and Training of the United States Department of Labor.
(c) Commissioner. -- "Commissioner" means:
(1) the Commissioner of Labor and Industry;
(2) the Deputy Commissioner of Labor and Industry; or
(3) an authorized representative of the Commissioner.
(d) Construction. -- "Construction" includes all:
(1) building;
(2) reconstructing;
(3) improving;
(4) enlarging;
(5) painting and decorating;
(6) altering;
(7) maintaining; and
(8) repairing.
(e) Council. -- "Council" means the Apprenticeship and Training Council.
(f) Employee. --
(1) "Employee" means an apprentice or worker employed by a contractor or subcontractor under a public work contract.
(2) "Employee" does not include an individual employed by a public body.
(g) Locality. --
(1) "Locality" means the county in which the work is to be performed.
(2) If the public work is located within 2 or more counties, the locality includes all counties in which the public work is located.
(h) Prevailing wage rate. -- "Prevailing wage rate" means the hourly rate of wages paid in the locality as determined by the Commissioner under § 17-208 of this subtitle.
(i) Public body. --
(1) "Public body" means:
(i) the State;
(ii) except as provided in paragraph (2)(i) of this subsection, a unit of the State government or instrumentality of the State;
(iii) any political subdivision, agency, person, or entity with respect to the construction of any public work for which 50% or more of the money used for construction is State money;
(iv) notwithstanding paragraph (2)(ii) of this subsection, a political subdivision if its governing body:
1. provides by ordinance or resolution that the political subdivision is covered by this subtitle; and
2. gives written notice of that ordinance or resolution to the Commissioner; and
(v) the Washington Suburban Sanitary Commission.
(2) "Public body" does not include:
(i) except as provided in paragraph (1)(v) of this subsection, a unit of the State government or instrumentality of the State funded wholly from a source other than the State; or
(ii) any political subdivision, agency, person, or entity with respect to the construction of any public work for which less than 50% of the money used for construction is State money.
(j) Public work. --
(1) Subject to paragraph (2) of this subsection, "public work" means a structure or work, including a bridge, building, ditch, road, alley, waterwork, or sewage disposal plant, that:
(i) is constructed for public use or benefit; or
(ii) is paid for wholly or partly by public money.
(2) "Public work" does not include, unless let to contract, a structure or work whose construction is performed by a public service company under order of the Public Service Commission or other public authority regardless of:
(i) public supervision or direction; or
(ii) payment wholly or partly from public money.
(k) Public work contract. -- "Public work contract" means a contract for construction of a public work.
(l) Worker. -- "Worker" means a laborer or mechanic.