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2164 LAWS OF MARYLAND Ch. 381
Services; and providing a penalty.
BY adding to
Article 100 — Work, Labor and Employment
Section 97A
Annotated Code of Maryland
(1964 Replacement Volume and 1976 Supplement)
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SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That new Section 97A be and it is hereby added
to Article 100 — Work, Labor and Employment, of the
Annotated Code of Maryland (1964 Replacement Volume and
1976 Supplement) to read as follows:
Article 100 — Work, Labor and Employment
97A.
(A) (1) ALL CONTRACTORS AND SUBCONTRACTORS A
CONTRACTOR OR SUBCONTRACTOR ON ANY PUBLIC WORKS TO WHICH
THIS SUBTITLE APPLIES MAY NOT REFUSE TO EMPLOY WORKMEN
WHO ARE RESIDENTS OF ANY STATE WHICH THE COMMISSIONER
FINDS ENFORCES LAWS THAT PROHIBIT MARYLAND RESIDENTS FROM
EMPLOYMENT AS WORKMEN ON PUBLIC WORKS IN THAT STATE.
(2) IN THE EMPLOYMENT OF ANY LABORER,
WORKMAN, OR MECHANIC TO CONSTRUCT ANY PUBLIC WORKS, THE
STATE, ITS POLITICAL SUBDIVISIONS AND THEIR CONTRACTORS
SHALL GIVE PREFERENCE TO BONA FIDE CITIZENS OF THE STATE
WHO HAVE ESTABLISHED CITIZENSHIP BY RESIDENCE OF AT LEAST
90 DAYS IN THE STATE.
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(3) (2) ANY PROVISION OF THIS SECTION THAT
CONFLICTS OR IS OTHERWISE INCONSISTENT WITH ANY FEDERAL
LAW, RULE, OR REGULATION APPLICABLE TO A PROJECT OR
ACTIVITY, THE COST OF WHICH THE FEDERAL GOVERNMENT IS TO
PAY OR REIMBURSE IN WHOLE OR PART, AND THAT BECAUSE OF
THE INCONSISTENCY, JEOPARDIZES THE AVAILABILITY OF
FEDERAL FUNDS, DOES NOT APPLY TO THE PROJECT OR ACTIVITY.
(B) A CONTRACTOR OR SUBCONTRACTOR VIOLATING THE
PROVISIONS OF SUBSECTION (A) MAY NOT BE PAID HIS CONTRACT
PRICE. THE SECRETARY OF THE DEPARTMENT OF GENERAL
SERVICES MAY ADOPT RULES AND REGULATIONS TO IMPLEMENT THE
PROVISIONS OF THIS SECTION.
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SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1977.
Approved May 17, 1977.
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CHAPTER 382
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