reglab/statecodes huggingface dataset:
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 17 - Special Provisions -- State and Local Subdivisions › Subtitle 2 - Prevailing Wage Rates -- Public Work Contracts › Part I - Definitions; General Provisions › Section 17-202 - Scope of Subtitle

(a)    This subtitle does not limit:
(1)    the hours of work an employee may work in a particular period of time; or
(2)    the right of a contractor to pay an employee under a public work contract more than the prevailing wage rate.
(b)    Except as provided in subsection (e) of this section, this subtitle does not apply to:
(1)    a public work contract of less than $250,000; or
(2)    the part of a public work contract for which the federal government provides money if, as to that part, the contractor is required to pay the prevailing wage rate as determined by the United States Secretary of Labor.
(c)    If this subtitle and the federal Davis–Bacon Act apply and the federal act is suspended, the Governor may declare this subtitle suspended for the same period for:
(1)    the part of that public work contract for which the United States Secretary of Labor would have been required to make a determination of a prevailing wage rate; or
(2)    that entire public work contract.
(d)    (1)    Subject to paragraph (2) of this subsection, this subtitle applies to the construction of a structure or work, including a bridge, a building, a ditch, a road, an alley, a waterwork, or a sewage disposal plant, funded with bond proceeds from bonds issued in accordance with Title 12, Subtitle 2 of the Economic Development Article that is located in a designated tax increment financing development district created on or after July 1, 2018, established under State or local law.
(2)    This subsection applies to the construction of a structure or work only if a political subdivision of the State, Baltimore City, or the Revenue Authority of Prince George’s County authorizes that the construction of the structure or work is subject to this subtitle.
(e)    This subtitle applies to a mechanical systems service contract that is part of a public work contract with a value in excess of the threshold specified in 41 U.S.C. 6702(a)(2), the McNamara–O’Hara Service Contract Act of 1965 (SCA).
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 17 - Special Provisions -- State and Local Subdivisions › Subtitle 2 - Prevailing Wage Rates -- Public Work Contracts › Part I - Definitions; General Provisions › Section 17-204 - Regulations; Report by Commissioner

(a)    (1)    The Commissioner shall adopt regulations reasonably required to carry out this subtitle.
(2)    The regulations may include exemptions for minimum number of hours worked or workers employed.
(3)    Payroll records shall be kept in accordance with those regulations.
(b)    On or before January 1 of each year, the Commissioner shall submit to the Governor and to the Secretary of Labor an annual report that:
(1)    describes the activities of the Commissioner under this subtitle during the preceding calendar year; and
(2)    includes:
(i)    full information about the operation of this subtitle; and
(ii)    other information about prevailing wage rates, as the Commissioner desires.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 17 - Special Provisions -- State and Local Subdivisions › Subtitle 2 - Prevailing Wage Rates -- Public Work Contracts › Part I - Definitions; General Provisions › Section 17-205 - Public Work Employees

(a)    A contractor or subcontractor under a public work contract subject to this subtitle:
(1)    shall employ only competent workers and apprentices who qualify under subsection (b) of this section;
(2)    may not employ any individual classified as a helper or trainee; and
(3)    may refuse to employ a worker who is a resident of another state if the Commissioner finds that the other state enforces a law that prohibits a resident of this State from employment as a worker under a public work contract in that state, unless:
(i)    the refusal is in conflict or otherwise inconsistent with a federal law applicable to the public work;
(ii)    the federal government is to pay wholly or partly for the public work; and
(iii)    the inconsistency with federal law jeopardizes the availability of federal funds for the public work.
(b)    An apprentice under a public work contract shall be part of and used in accordance with an apprenticeship program registered with the Council and approved by the Office of Apprenticeship of the United States Department of Labor.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 17 - Special Provisions -- State and Local Subdivisions › Subtitle 2 - Prevailing Wage Rates -- Public Work Contracts › Part II - Determination and Payment of Prevailing Wage Rates › Section 17-209 - Annual Determination

(a)    One time per year, the Commissioner shall determine the prevailing wage rate for a classification of worker in a locality by considering among other things:
(1)    any other payroll information relevant to the determination; and
(2)    wage rates established by collective bargaining agreements.
(b)    The Commissioner shall mail notice as provided in § 17-210(b)(2) of this subtitle at least 60 days before making a determination under this section.
(c)    (1)    The determination, as issued under this section or modified in a proceeding under § 17-211 of this subtitle, is effective for 1 year from the date upon which the Commissioner issued the determination under this section.
(2)    The Commissioner shall show on the determination the date upon which it expires.
(3)    Upon expiration of the prevailing wage determination for a locality, the Commissioner shall issue a new determination for the locality.
(4)    A determination applies to a public work covered by this subtitle that is the subject of a call for bids or proposals published on or before the date upon which it expires.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 17 - Special Provisions -- State and Local Subdivisions › Subtitle 2 - Prevailing Wage Rates -- Public Work Contracts › Part II - Determination and Payment of Prevailing Wage Rates › Section 17-210 - Requirements for Soliciting Bids or Proposals

(a)    Before a public body advertises for bids or proposals for a public work contract, it shall request the Commissioner to determine the prevailing wage rate for each classification of worker required to perform the public work contract.
(b)    (1)    The Commissioner shall give notice of each prevailing wage rate determination for a public work contract under this subtitle.
(2)    On written request, the Commissioner shall mail to any representative of any classification, any employer, or any representative of any group of employers notice:
(i)    that a determination will be made, at least 60 days before making the determination; and
(ii)    of the determination, after making the determination.
(c)    After a determination has been made, the public body shall include each prevailing wage rate for straight time and overtime:
(1)    in any call for bids or proposals;
(2)    in the specifications for the public work contract; and
(3)    in the public work contract.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 17 - Special Provisions -- State and Local Subdivisions › Subtitle 2 - Prevailing Wage Rates -- Public Work Contracts › Part II - Determination and Payment of Prevailing Wage Rates › Section 17-212 - Voting on Public Work Contracts

A member of a public body may not vote for the award of a public work contract or vote to disburse money for the construction of a public work unless:
(1)    the public body has asked the Commissioner to determine the prevailing wage rates in the locality for each classification of worker required to perform the public work contract; and
(2)    the determination has been made part of the specifications and public work contract for the public work.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 17 - Special Provisions -- State and Local Subdivisions › Subtitle 2 - Prevailing Wage Rates -- Public Work Contracts › Part II - Determination and Payment of Prevailing Wage Rates › Section 17-213 - Contract Clause; Bonds

(a)    Before entering into a public work contract, a public body shall require that the public work contract include a clause for payment:
(1)    to a worker, of at least the prevailing wage rate; and
(2)    to an apprentice, of at least the rate that the Council sets for an apprentice based on a percentage of the prevailing wage rate for a mechanic in that trade.
(b)    A public body shall require bonds on public work contracts to guarantee the faithful performance of the prevailing wage rate clause of the public work contract.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 17 - Special Provisions -- State and Local Subdivisions › Subtitle 2 - Prevailing Wage Rates -- Public Work Contracts › Part II - Determination and Payment of Prevailing Wage Rates › Section 17-214 - Payment of Prevailing Wage Rates for Public Work Contracts

(a)    Except as provided in subsection (b) of this section, each contractor and subcontractor under a public work contract shall pay not less than the prevailing wage rate of straight time to an employee for each hour that the employee works.
(b)    A contractor and subcontractor shall pay an employee the prevailing wage rate of overtime for each hour that the employee works:
(1)    in excess of 10 hours in any single calendar day;
(2)    in excess of 40 hours per each workweek; or
(3)    on Sunday or a legal holiday.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 17 - Special Provisions -- State and Local Subdivisions › Subtitle 2 - Prevailing Wage Rates -- Public Work Contracts › Part II - Determination and Payment of Prevailing Wage Rates › Section 17-215 - Full Payment Required

(a)    Each contractor and subcontractor subject to this subtitle shall pay each employee not less than the prevailing wage rate required under this subtitle:
(1)    unconditionally;
(2)    without subsequent rebate; and
(3)    except as provided in subsection (b) of this section, without deductions for:
(i)    food;
(ii)    sleeping accommodations;
(iii)    transportation;
(iv)    use of small tools; or
(v)    any other thing of any kind.
(b)    A contractor or subcontractor may make deductions that are:
(1)    required by law;
(2)    required or allowed by a collective bargaining agreement between a bona fide labor organization and the contractor or subcontractor; or
(3)    contained in a written agreement between an employee and an employer undertaken at the beginning of employment, if the agreement:
(i)    concerns food, sleeping accommodations, or other similar items;
(ii)    is submitted by the employer to the public body awarding the public work contract; and
(iii)    is approved by the public body as fair and reasonable.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 17 - Special Provisions -- State and Local Subdivisions › Subtitle 2 - Prevailing Wage Rates -- Public Work Contracts › Part II - Determination and Payment of Prevailing Wage Rates › Section 17-216 - Work by Laborers

(a)    A laborer may perform any work that is not ordinarily performed by a mechanic or mechanic’s apprentice, but shall be paid the prevailing wage rate for the work performed.
(b)    (1)    A laborer receiving the prevailing wage rate for laborers may not perform work ordinarily performed by a mechanic or mechanic’s apprentice.
(2)    If a laborer performs work ordinarily performed by any mechanic or mechanic’s apprentice, the contractor or subcontractor shall pay the laborer for the entire time of performance of that work at the prevailing wage rate for a mechanic.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 17 - Special Provisions -- State and Local Subdivisions › Subtitle 2 - Prevailing Wage Rates -- Public Work Contracts › Part III - Administration and Enforcement › Section 17-219 - Posting Prevailing Wage Rates

(a)    Each contractor under a public work contract subject to this subtitle shall:
(1)    post a clearly legible statement of each prevailing wage rate to be paid under the public work contract; and
(2)    keep the statement posted during the full time that any employee is employed on the public work contract.
(b)    The statement of prevailing wage rates shall be posted in a prominent and easily accessible place at the site of the public work.
(c)    Subject to § 10-1001 of the State Government Article, the Commissioner may impose on a person that violates this section a civil penalty of up to $50 per violation.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 17 - Special Provisions -- State and Local Subdivisions › Subtitle 2 - Prevailing Wage Rates -- Public Work Contracts › Part III - Administration and Enforcement › Section 17-220 - Payroll Records

(a)    Each contractor required to pay the prevailing wage rate shall:
(1)    keep payroll records covering work performed directly at the work site in accordance with regulations adopted by the Commissioner; and
(2)    allow the Commissioner or the public body to inspect the records at any reasonable time and as often as necessary.
(b)    (1)    Each contractor shall submit a complete copy of the payroll records of the contractor and, for work performed at the work site, of the subcontractors in the form that the Commissioner specifies by regulation to:
(i)    the public body; and
(ii)    the Commissioner.
(2)    The Commissioner and the public body shall make payroll records available for public inspection during regular business hours.
(c)    Each copy of the payroll records shall be accompanied by a statement that is signed by the contractor or, for the subcontractor’s records, by the subcontractor and indicates that:
(1)    the payroll records are correct;
(2)    the wage rates paid are not less than those established by the Commissioner as set forth in the public work contract;
(3)    the classification set forth for each employee conforms with the work performed by that employee; and
(4)    the contractor or subcontractor has complied with each requirement of this subtitle.
(d)    If a contractor is late in submitting copies of the payroll records required under subsection (b) of this section:
(1)    the public body may postpone the processing of partial payment estimates under the public work contract pending receipt of the copies; and
(2)    the contractor shall be liable to the public body for liquidated damages of $10 for each calendar day the records are late.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 17 - Special Provisions -- State and Local Subdivisions › Subtitle 2 - Prevailing Wage Rates -- Public Work Contracts › Part III - Administration and Enforcement › Section 17-222 - Liability for Failure to Pay Prevailing Wage Rate

(a)    (1)    Except as provided under paragraph (2) of this subsection, a contractor under a public work contract is liable to the public body for liquidated damages of $20 for each laborer or other employee for each day for which:
(i)    the laborer is paid less than the prevailing wage rate of a mechanic while performing a task required to be performed by a mechanic or mechanic’s apprentice; or
(ii)    the employee is paid less than the prevailing wage rate.
(2)    A contractor under a public work contract that knew or reasonably should have known of the contractor’s obligation to pay the prevailing wage rate and that deliberately failed or refused to pay the prevailing wage rate is liable to the public body for liquidated damages of $250 for each laborer or other employee for each day for which:
(i)    the laborer is paid less than the prevailing wage rate of a mechanic while the laborer is performing a task required to be performed by a mechanic or mechanic’s apprentice; or
(ii)    the employee is paid less than the prevailing wage rate.
(b)    (1)    If a contractor or subcontractor pays an employee less than the amount the employee is entitled to receive for the work performed, the contractor shall make restitution to the employee.
(2)    The contractor and the subcontractor shall be jointly and severally liable for restitution to the subcontractor’s employees.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 17 - Special Provisions -- State and Local Subdivisions › Subtitle 2 - Prevailing Wage Rates -- Public Work Contracts › Part III - Administration and Enforcement › Section 17-223 - Noncompliance by Public Body

(a)    If a public body does not comply with a provision of this subtitle, the Commissioner:
(1)    shall give written notice of the noncompliance to the public body;
(2)    may require compliance within a sufficient period as determined by the Commissioner; and
(3)    after the expiration of that period, may inform the Attorney General in writing that notice has been given and that the public body has not complied with the notice.
(b)    As soon as possible after being informed by the Commissioner, the Attorney General shall sue, in the name of the State, in the circuit court for the county where the public body is located to seek any remedies that the court may find appropriate to carry out the policies of this subtitle.
(c)    In the action, the State and the public body each shall have the right of appeal that is provided by law in an injunction proceeding.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 17 - Special Provisions -- State and Local Subdivisions › Subtitle 2 - Prevailing Wage Rates -- Public Work Contracts › Part III - Administration and Enforcement › Section 17-225 - Prohibited Acts; Exception

(a)    A person may not:
(1)    violate the wage provisions of a public work contract;
(2)    allow or require an employee to work for less than the applicable prevailing wage rate;
(3)    except as provided in subsection (b) of this section, ask an employee or prospective employee to give anything of value to that person or any other person on a statement, representation, or understanding that failure to comply with the request or demand will prevent the employee from procuring or retaining employment; or
(4)    directly or indirectly, authorize a violation of this subtitle by any other person.
(b)    Subsection (a) of this section does not apply to any agent of a collective bargaining organization acting in collection of sums as allowed by the National Labor Relations Act.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 17 - Special Provisions -- State and Local Subdivisions › Subtitle 2 - Prevailing Wage Rates -- Public Work Contracts › Part III - Administration and Enforcement › Section 17-226 - Persistent Violations

(a)    (1)    After investigation and entry of an order in accordance with § 17-221 of this subtitle, the Commissioner shall file with the Secretary of State a list of the contractors and any subcontractors who persistently and willfully violate the provisions of this subtitle.
(2)    Filing under this subsection shall be notice to a public body and its representatives.
(b)    (1)    If the name of a contractor or any subcontractor appears on the list, that contractor or subcontractor shall be prohibited from entering into a contract for construction of a public work directly or indirectly for 2 years from the day on which the list is filed.
(2)    A public body may not award a contract for construction of a public work to a person who is prohibited from entering into a contract under this section.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 17 - Special Provisions -- State and Local Subdivisions › Subtitle 3 - Steel Procurement for Public Works › Section 17-301 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “American steel product” means a product that is:
(1)    produced from steel made in any state by the open hearth, basic oxygen, electric furnace, Bessemer, or other steel making process; and
(2)    rolled, forged, drawn, cast, extruded, or otherwise similarly processed.
(c)    “Public body” means:
(1)    the State;
(2)    a unit of the State government; or
(3)    a county, municipal corporation, school or conservation district, or other governmental entity that, by State law, awards contracts for public construction or other public work.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 17 - Special Provisions -- State and Local Subdivisions › Subtitle 3 - Steel Procurement for Public Works › Section 17-303 - American Steel Products Required; Exceptions

(a)    Except as otherwise provided in this subtitle, a public body shall require a contractor or subcontractor to use or supply only American steel products in the performance of a contract for:
(1)    constructing or maintaining a public work; or
(2)    buying or manufacturing machinery or equipment that:
(i)    is composed of at least 10,000 pounds of steel products; and
(ii)    is to be installed at a public work site.
(b)    This section does not apply if the head of a public body determines that:
(1)    the price of American steel products is not reasonable, as provided in § 17-304 of this subtitle;
(2)    American steel products are not produced in sufficient quantity to meet the requirements of the contract; or
(3)    the purchase of American steel products would be inconsistent with the public interest.
(c)    The public body shall give notice of the requirement for American steel products in the invitation for bids or request for proposals.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 17 - Special Provisions -- State and Local Subdivisions › Subtitle 3 - Steel Procurement for Public Works › Section 17-304 - Price of American Steel Products

The Board shall adopt regulations, in accordance with Title 10, Subtitle 1 of the State Government Article, stating that a bid or offered price of an American steel product shall be considered reasonable if it does not exceed the sum of the bid or offered price of a similar steel product of foreign origin, including duty, plus:
(1)    20% of that bid or offered price; or
(2)    30% of that bid or offered price if the steel product is produced in a “substantial labor surplus area” as defined by the United States Department of Labor.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 17 - Special Provisions -- State and Local Subdivisions › Subtitle 3 - Steel Procurement for Public Works › Section 17-305 - Payment

(a)    Unless a public body is satisfied that a person has completed the work in full compliance with §§ 17-303 and 17-304 of this subtitle, the public body may not pay or authorize a payment for work subject to §§ 17-303 and 17-304 of this subtitle to a person under a contract.
(b)    If a person receives a payment that should not have been made under subsection (a) of this section, the Attorney General may recover the portion of the payment that is attributable to work that does not comply with §§ 17-303 and 17-304 of this subtitle directly from the person who did not comply with §§ 17-303 and 17-304 of this subtitle by filing a complaint in the circuit court for the county where the contract was executed or performed.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 17 - Special Provisions -- State and Local Subdivisions › Subtitle 4 - Notice of Political Contributions › Section 17-402 - Contract Clause Covering Compliance Obligation

Each State or local government procurement contract shall include a clause covering the obligation of a contractor to comply with the political contribution reporting requirements under Title 14 of the Election Law Article to which the contractor may be subject.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 17 - Special Provisions -- State and Local Subdivisions › Subtitle 5 - Emaryland Marketplace -- Use by Certain Persons › Section 17-501 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “eMaryland Marketplace” has the meaning stated in § 13–101 of this article.
(c)    “Procurement” means procurement by competitive sealed bidding, competitive sealed proposals, or noncompetitive negotiation.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 17 - Special Provisions -- State and Local Subdivisions › Subtitle 5 - Emaryland Marketplace -- Use by Certain Persons › Section 17-502 - Use by Certain Persons

(a)    This section does not apply to emergency procurement under § 13–108 of this Division II.
(b)    In addition to any other provision of law, the following persons shall use eMaryland Marketplace to publish notice of a procurement and publish a notice of award of a procurement that is at the same amount or exceeds the amount required by the Board for a State contract to be published in eMaryland Marketplace:
(1)    a unit of State government;
(2)    a county;
(3)    a municipality;
(4)    a bicounty or multicounty governmental agency;
(5)    a special tax district, sanitary district, drainage district, soil conservation district, and water supply district;
(6)    a public institution of higher education;
(7)    a public school; and
(8)    except for the Maryland Health and Higher Educational Facilities Authority, an entity exempt from the provisions of this Division II in accordance with § 11–203 of this article.
(c)    This section may not be construed to prohibit a person listed in subsection (b) of this section from publishing notice of a procurement or publishing a notice of award in accordance with any other law or policy.
(d)    An unintentional violation of this section may not constitute grounds to challenge or appeal:
(1)    the award of a procurement; or
(2)    the process through which a procurement was conducted.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 17 - Special Provisions -- State and Local Subdivisions › Subtitle 6 - Apprenticeship Requirements for Public Works Contracts › Section 17-601 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Apprenticeship training program” means an apprenticeship training program that is registered with, and approved by, the Apprenticeship and Training Council or the U.S. Department of Labor.
(c)    “Covered craft” means a classification of workers listed in the prevailing wage determination applicable to the covered project.
(d)    “Covered project” means a project for the construction of a public work, as defined under § 17–201 of this title, that is valued at $500,000 or more.
(e)    “Department” means the Maryland Department of Labor.
(f)    “Fund” means the State Apprenticeship Training Fund established under § 17–602 of this subtitle.
(g)    “Participates in an apprenticeship training program” means that a contractor or subcontractor makes regular financial contributions for each covered craft to apprenticeship training programs for covered crafts during the term of the covered project that are at least equal to the hourly fringe benefit contribution rates required for apprenticeship training by the applicable prevailing wage determination for the project, as specified by the Secretary.
(h)    “Secretary” means the Secretary of Labor.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 17 - Special Provisions -- State and Local Subdivisions › Subtitle 6 - Apprenticeship Requirements for Public Works Contracts › Section 17-602 - State Apprenticeship Training Fund

(a)    There is a State Apprenticeship Training Fund in the Department.
(b)    The Fund consists of:
(1)    payments made by contractors or subcontractors in accordance with this subtitle and Subtitle 6A of this title; and
(2)    penalties collected as a result of violations of this subtitle and Subtitle 6A of this title.
(c)    The Fund is a special, nonlapsing fund that is not subject to § 7–302 of this article.
(d)    The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.
(e)    The Secretary shall use money in the Fund to:
(1)    promote preapprenticeship programs and other workforce development programs in the State’s public secondary schools and community colleges that assist students in preparing for and entering apprenticeship training programs; and
(2)    pay any costs associated with carrying out the provisions of this subtitle and Subtitle 6A of this title.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 17 - Special Provisions -- State and Local Subdivisions › Subtitle 6 - Apprenticeship Requirements for Public Works Contracts › Section 17-603 - Procurement Contract for Covered Project

(a)    A contractor that is awarded a procurement contract for a covered project shall provide to a unit, as a condition of receiving the contract, written verification that:
(1)    the contractor participates in an apprenticeship training program for each covered craft in which it will employ persons for the covered project;
(2)    the contractor will make payments to the Fund; or
(3)    the contractor will make payments in amounts determined under § 17–605 of this subtitle to a registered apprenticeship program or to an organization that has registered apprenticeship programs for the purpose of supporting these programs.
(b)    The written verification required under subsection (a) of this section shall be provided by a contractor to the unit responsible for the project before the contractor commences performance under the procurement contract.
(c)    Organizations that have registered apprenticeship programs and receive funds from contractors under subsection (a)(3) of this section shall certify to the Secretary that all funds received are used solely for the purpose of improving or expanding apprenticeship training in the State.
(d)    The Secretary shall adopt regulations to establish a process for auditing organizations that provide registered apprenticeship programs to ensure that all funds received under subsection (a)(3) of this section are used solely to improve and expand apprenticeship programs in the State.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 17 - Special Provisions -- State and Local Subdivisions › Subtitle 6 - Apprenticeship Requirements for Public Works Contracts › Section 17-604 - Work Valued at $100,000 or More for Covered Project

(a)    A subcontractor that performs work valued at $100,000 or more for a covered project shall provide to a unit written verification that:
(1)    the subcontractor participates in an apprenticeship training program for each covered craft in which it will employ persons for the covered project;
(2)    the subcontractor will make payments to the Fund; or
(3)    the subcontractor will make payments in amounts determined under § 17–605 of this subtitle to a registered apprenticeship program or to an organization that has registered apprenticeship programs for the purpose of supporting these programs.
(b)    The written verification required under subsection (a) of this section shall be provided by a subcontractor to the unit responsible for the project before the subcontractor commences performance under the procurement contract.
(c)    Organizations that have registered apprenticeship programs and receive funds from contractors under subsection (a)(3) of this section shall certify to the Secretary that all funds received are used solely for the purpose of improving or expanding apprenticeship training in the State.
(d)    The Secretary shall adopt regulations to establish a process for auditing organizations that provide registered apprenticeship programs to ensure that all funds received under subsection (a)(3) of this section are used solely to improve and expand apprenticeship programs in the State.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 17 - Special Provisions -- State and Local Subdivisions › Subtitle 6 - Apprenticeship Requirements for Public Works Contracts › Section 17-605 - Payments to Fund

(a)    (1)    A contractor or subcontractor that elects to make payments to the Fund in accordance with this subtitle shall make payments, as determined by the Secretary, not to exceed 25 cents per hour for each employee in each covered craft who is employed by the contractor or subcontractor on the covered project.
(2)    If the prevailing wage determination for a covered craft includes a fringe benefit contribution for apprenticeship programs that exceeds 25 cents, the contractor or subcontractor shall pay the difference to the employees in the covered craft in wages.
(3)    Payments made under this section fulfill any obligations of the contractor or subcontractor regarding contributions for apprenticeship programs included in the prevailing wage determination under § 17–208 of this title.
(4)    Payments made under paragraph (1) of this section are permissible deductions under § 17–215(b) of this title.
(5)    Payments made to the Fund in accordance with paragraph (1) of this subsection shall be made on a monthly basis.
(b)    (1)    If the Secretary determines that a contractor or subcontractor for a covered project has made contributions to an apprenticeship training program at rates lower than those required by this subtitle, the contractor or subcontractor shall make payments to the Fund for the difference between its contribution and the contribution rate required by this subtitle.
(2)    Payments made to the Fund in accordance with paragraph (1) of this subsection shall be made on a monthly basis.
(c)    A contractor shall report all apprenticeship payments made under this subtitle on prevailing wage payroll records required by § 17–220 of this title.
(d)    (1)    A contractor or subcontractor that makes contributions to the Fund, a registered apprenticeship program, or an organization that has registered apprenticeship programs may request that its contributions be directed to a specific preapprenticeship or workforce development program.
(2)    The Secretary shall make a good–faith effort to accommodate requests received in accordance with paragraph (1) of this subsection.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 17 - Special Provisions -- State and Local Subdivisions › Subtitle 6 - Apprenticeship Requirements for Public Works Contracts › Section 17-606 - Violations of Subtitle

(a)    A contractor or subcontractor that fails to meet the requirements of this subtitle shall be liable for an amount equal to twice the amount of unpaid apprenticeship training contributions required by this subtitle.
(b)    (1)    In this subsection, “willfully” means representations or omissions known to be false or made with deliberate ignorance or reckless disregard for their truth or falsity.
(2)    Any person, firm, or corporation that is found to have made willfully a false or fraudulent representation or omission regarding a material fact in connection with prevailing wage records required by this section shall be liable for a civil penalty in an amount of up to $1,000 for each employee and each falsified record.
(3)    Penalties shall be recoverable in civil actions and paid to the State.
(c)    (1)    The Secretary shall adopt regulations to establish administrative procedures for the collection of payments under this subtitle.
(2)    (i)    The Secretary may file suit to enforce this section in any court of competent jurisdiction.
(ii)    In an action filed under this subsection, the court shall require the contractor or subcontractor to pay the amount required by subsection (a) of this section, including interest, reasonable counsel fees, and court costs.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 17 - Special Provisions -- State and Local Subdivisions › Subtitle 6A - Apprenticeship Requirements for Capital Construction Projects › Section 17-6A-01 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Construction” includes:
(1)    building;
(2)    reconstructing;
(3)    improving;
(4)    enlarging;
(5)    painting and decorating;
(6)    altering;
(7)    maintaining; and
(8)    repairing.
(c)    (1)    “Covered contract” means a contract:
(i)    for a capital construction project funded with at least $1,000,000 of funds in the State capital budget;
(ii)    entered into by the recipient of the funding in the State capital budget and a contractor, or the contractor and a subcontractor; and
(iii)    for an amount of $500,000 or more.
(2)    “Covered contract” does not include a contract for a covered project as defined in § 17–601(d) of this title.
(d)    “Department” means the Maryland Department of Labor.
(e)    “Fund” means the State Apprenticeship Training Fund established under § 17–602 of this title.
(f)    “Registered apprenticeship program” means an apprenticeship program that is registered with, and approved by, the Department or the United States Department of Labor.
(g)    “Secretary” means the Secretary of Labor.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 17 - Special Provisions -- State and Local Subdivisions › Subtitle 6A - Apprenticeship Requirements for Capital Construction Projects › Section 17-6A-02 - Affiliation With Registered Apprenticeship Program

(a)    Except as provided in subsection (b) of this section, each contractor or subcontractor awarded a covered contract shall:
(1)    (i)    be affiliated with a registered apprenticeship program; and
(ii)    use apprentices from a registered apprenticeship program for each craft or trade in which the contractor or subcontractor employs persons to complete the covered contract;
(2)    make payments to the Fund; or
(3)    make payments in amounts determined under § 17–6A–03 of this subtitle to a registered apprenticeship program for the purpose of supporting the program.
(b)    A contractor or subcontractor is not subject to the requirements of subsection (a) of this section if there are no registered apprenticeship programs for the craft or trade in which the contractor or subcontractor employs persons to complete the covered contract.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 17 - Special Provisions -- State and Local Subdivisions › Subtitle 6A - Apprenticeship Requirements for Capital Construction Projects › Section 17-6A-03 - Payments

(a)    (1)    A contractor or subcontractor that elects to make payments to the Fund in accordance with this subtitle shall make payments, as determined by the Secretary, not to exceed 25 cents per hour for each employee who is employed by the contractor or subcontractor to complete the covered contract.
(2)    Payments made to the Fund in accordance with this subsection shall be made on a monthly basis.
(b)    (1)    If the Secretary determines that a contractor or subcontractor awarded a covered contract has made contributions to a registered apprenticeship program at rates lower than those required by this subtitle, the contractor or subcontractor shall make payments to the Fund for the difference between its contribution and the contribution rate required by this subtitle.
(2)    Payments made to the Fund in accordance with this subsection shall be made on a monthly basis.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 17 - Special Provisions -- State and Local Subdivisions › Subtitle 6A - Apprenticeship Requirements for Capital Construction Projects › Section 17-6A-04 - Contribution to Specific Programs; Use of Funds

(a)    (1)    A contractor or subcontractor that makes contributions to the Fund or a registered apprenticeship program may request that the contributions of the contractor or subcontractor be directed to a specific preapprenticeship or workforce development program.
(2)    The Secretary shall make a good–faith effort to accommodate requests received in accordance with paragraph (1) of this subsection.
(b)    A registered apprenticeship program that receives funds from contractors or subcontractors under § 17–6A–02(a)(3) of this subtitle shall certify to the Secretary that all funds received are used solely for the purpose of improving or expanding apprenticeship training.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 17 - Special Provisions -- State and Local Subdivisions › Subtitle 6A - Apprenticeship Requirements for Capital Construction Projects › Section 17-6A-05 - Regulations

(a)    The Secretary shall adopt regulations to carry out the provisions of this subtitle.
(b)    (1)    The regulations shall establish the process for a contractor or subcontractor to provide written verification to the Department that the requirements of this subtitle have been met.
(2)    If a contractor or subcontractor is affiliated with a registered apprenticeship program, the regulations shall require the registered apprenticeship program to provide written documentation to the contractor or subcontractor verifying the affiliation.
(c)    The regulations shall establish a process for auditing organizations that provide registered apprenticeship programs to ensure that all funds received by a registered apprenticeship program under § 17–6A–02(a)(3) of this subtitle are used solely to improve and expand apprenticeship programs in the State.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 17 - Special Provisions -- State and Local Subdivisions › Subtitle 6A - Apprenticeship Requirements for Capital Construction Projects › Section 17-6A-06 - Violations; Enforcement

(a)    A contractor or subcontractor that fails to meet the requirements of this subtitle shall be liable for an amount equal to twice the amount of unpaid apprenticeship contributions required by this subtitle.
(b)    (1)    In this subsection, “willfully” means a representation or an omission known to be false or made with deliberate ignorance or reckless disregard for truth or falsity.
(2)    (i)    Any person, firm, or corporation that is found to have made willfully a false or fraudulent representation or omission regarding a material fact in connection with contributions required by this subtitle shall be liable for a civil penalty in an amount of up to $1,000 for each employee for whom contributions are required and each falsification.
(ii)    A penalty shall be recoverable in a civil action and paid to the State.
(c)    (1)    The Secretary may file suit to enforce this section in any court of competent jurisdiction.
(2)    In an action filed under this subsection, the court shall require the contractor or subcontractor to pay the amount required by subsection (a) of this section, including interest, reasonable counsel fees, and court costs.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 17 - Special Provisions -- State and Local Subdivisions › Subtitle 7 - Investment Activities in Iran › Section 17-701 - Definitions [Subtitle Subject to Abrogation]

** CONTINGENCY – IN EFFECT – CHAPTERS 446 AND 447 OF 2012 **
(a)    In this subtitle the following words have the meanings indicated.
(b)    “Energy sector of Iran” means activities to develop petroleum or natural gas resources or nuclear power in Iran.
(c)    “Financial institution” has the meaning stated in Section 14 of the Iran Sanctions Act of 1996 (Public Law 104–172).
(d)    “Iran” includes the government of Iran and any agency or instrumentality of Iran.
(e)    “Person” includes:
(1)    a natural person, corporation, company, limited liability company, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group;
(2)    a governmental entity or instrumentality of a government, including a multilateral development institution, as defined by the federal International Financial Institutions Act, 22 U.S.C. 262r(c)(3); or
(3)    any parent, successor, subunit, direct or indirect subsidiary of, or any entity under common ownership or control with, an entity described in item (1) or (2) of this subsection.
(f)    “Public body” means:
(1)    the State;
(2)    a county, municipal corporation, or other political subdivision;
(3)    a public instrumentality; or
(4)    any governmental unit authorized to award a contract.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 17 - Special Provisions -- State and Local Subdivisions › Subtitle 7 - Investment Activities in Iran › Section 17-702 - Engagement of Investment Activities in Iran [Subtitle Subject to Abrogation]

** CONTINGENCY – IN EFFECT – CHAPTERS 446 AND 447 OF 2012 **
(a)    For purposes of this subtitle, a person engages in investment activities in Iran if:
(1)    the person provides goods or services of $20,000,000 or more in the energy sector of Iran, including a person that provides oil or liquefied natural gas tankers or products used to construct or maintain pipelines used to transport oil or liquefied natural gas for the energy sector of Iran; or
(2)    the person is a financial institution that extends $20,000,000 or more in credit to another person for 45 days or more if the person to whom the credit is extended:
(i)    will use the credit to provide goods or services in the energy sector of Iran as described in item (1) of this subsection; and
(ii)    is, at the time of the extension of credit, identified on a list created under § 17–704 of this subtitle as a person engaging in investment activities in Iran.
(b)    If the Board determines that the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 has been amended or any other federal act or law has been enacted or amended that authorizes or requires the reduction of the dollar amounts provided for in this section or otherwise alters the parameters of investment activities in Iran for the purpose of imposing sanctions, the Board shall adopt regulations to reduce the dollar amounts or alter the parameters.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 17 - Special Provisions -- State and Local Subdivisions › Subtitle 7 - Investment Activities in Iran › Section 17-703 - Ineligibility to Bid On, Submit a Proposal For, or Enter Into or Renew Contract [Subtitle Subject to Abrogation]

** CONTINGENCY – IN EFFECT – CHAPTERS 446 AND 447 OF 2012 **
A person that, at the time of bid or proposal for a new contract or renewal of an existing contract, is identified on a list created by the Board under § 17–704 of this subtitle as a person engaging in investment activities in Iran is ineligible to, and may not bid on, submit a proposal for, or enter into or renew a contract with a public body for goods or services.