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Session Laws, 1971
Volume 707, Page 9   View pdf image
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Marvin Mandel, Governor                            9

EMPLOYMENT," subtitle "Contracts for Public Works," sus-
pending the State prevailing wage provisions under certain cir-
cumstances EXTENDING THE STATE PREVAILING WAGE
PROVISIONS TO THE NON-FEDERALLY FUNDED PORTION
OF A PARTIALLY FEDERALLY FUNDED PUBLIC WORK
AND AUTHORIZING THE GOVERNOR TO SUSPEND THE
STATE PREVAILING WAGE ACT UNDER CERTAIN CIR-
CUMSTANCES WHERE THE DAVIS-BACON ACT HAS
BEEN SUSPENDED and relating generally to public works
financed by federal loans or grants.

Section 1. Be it enacted by the General Assembly of Maryland,
That Section 98(c) of Article 100 of the Annotated Code of Maryland
(1964 Replacement Volume) (1970 Supplement), title "Work, Labor
and Equipment, EMPLOYMENT," subtitle "Contracts for Public
Works," be and it is hereby repealed and re-enacted, with amend-
ments, to read as follows:

98.

(c) The provisions of this subtitle shall not apply to public works
if the federal government or any of its agencies furnishes by loan
or grant all or any part of the funds used in the construction of such
public works, provided the public works require a prevailing wage
determination by the United States Secretary of Labor. However,
in the event that the provisions of the Davis-Bacon Act are suspended,

as provided by Section 6 of said Act, then the provisions of this

subtitle shall not be applicable to any public works or portions thereof

wherein the United States Secretary of Labor would have been re-

quired to make a prevailing wage determination. IF ONLY A POR-
TION OF A PARTICULAR PUBLIC WORK OR PUBLIC WORKS
REQUIRES A PREVAILING WAGE DETERMINATION BY THE
UNITED STATES SECRETARY OF LABOR, THE PROVISIONS
OF THIS SUBTITLE SHALL APPLY TO THE REMAINDER OF
SAID PUBLIC WORK OR PUBLIC WORKS. HOWEVER, IN
THE EVENT THAT THE PROVISIONS OF THE FEDERAL
DAVIS-BACON ACT ARE SUSPENDED AS AUTHORIZED BY
SECTION 6 OF SAID ACT, THEN THE GOVERNOR MAY SUS-
PEND THE PROVISIONS OF THIS SUBTITLE DURING THE
PERIOD OF SUCH SUSPENSION OF THE DAVIS-BACON ACT
WITH RESPECT TO ANY PUBLIC WORK OR PUBLIC WORKS
UPON WHICH THE UNITED STATES SECRETARY OF LABOR
WOULD HAVE BEEN REQUIRED TO MAKE A PREVAILING
WAGE DETERMINATION AND, IF SO SUSPENDED BY THE
GOVERNOR, THE PROVISIONS OF THIS SUBTITLE SHALL
NOT BE APPLICABLE TO SUCH PUBLIC WORK OR PUBLIC
WORKS, PROVIDED THAT IF ONLY A PORTION OF A PAR-
TICULAR PUBLIC WORK OR PUBLIC WORKS REQUIRES A
PREVAILING WAGE DETERMINATION BY THE UNITED
STATES SECRETARY OF LABOR, THE GOVERNOR MAY SUS-
PEND THE PROVISIONS OF THIS SUBTITLE WITH RESPECT
TO THAT PORTION ONLY OR WITH RESPECT TO THE
ENTIRE PARTICULAR PUBLIC WORK OR PUBLIC WORKS
IN HIS DISCRETION.

Sec. 2. And be it further enacted, That this Act is hereby declared
to be an emergency measure and necessary for the immediate preser-

 

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Session Laws, 1971
Volume 707, Page 9   View pdf image
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