HARRY HUGHES, Governor

2699

(d)  (1) "Public body" means the State or any
department, officer, board, commission, agency or
instrumentality of the State, and shall include any other
agency, political subdivision, corporation, person or entity
of whatever nature when State public funds are the only
funds used for the construction of a particular public
works, but, except when made applicable pursuant to the
provisions of paragraph (2) of this subsection, this term
shall not mean any State agency or instrumentality funded
wholly from sources other than the State, nor shall it mean
any county or municipal corporation, or any department,
officer, board, commission, or agency thereof, when funds
other than State funds are used either in whole or in part
for the construction of public works.

(2) The governing body of any political
subdivision of this State may provide by resolution or
ordinance that the political subdivision shall be covered by
this subtitle and included within the scope of its
provisions and any such political subdivision shall
constitute a "public body" within the meaning of this
subtitle when the Commissioner is notified in writing by the
governing body that such action has been taken.

(e)  "Prevailing hourly rate of wages," "prevailing
hourly wage rate," "prevailing rate of wages," "prevailing
wage rate," "prevailing hourly wage," "prevailing wage,"
"rate of wages," and "wage rates" include:

(1)  The basic hourly rate of pay; and

(2)  The amount of:

(i) The rate of contribution irrevocably
made by a contractor, subcontractor, or third person
pursuant to a fund, plan, or program which provides for
medical, surgical, or hospital care or benefits or pensions
on retirement, disability, or death, including any profit
sharing plan which provides benefits at or after retirement,
compensation for injuries or illness resulting from
occupational activity, or insurance to provide any of the
foregoing; for unemployment benefits, life insurance or
accident insurance; for vacation and holiday pay; for
defraying costs of apprenticeship or other similar programs;
or for other bona fide fringe benefits, but only if the
contractor is not required by federal, State, or local law
to provide any of such benefits; and

(ii) The rate of costs to the contractor
or subcontractor which may be reasonably anticipated in
providing the fringe benefits specified in paragraph (2)(i)
to workmen and apprentices pursuant to an [enforcible]
ENFORCEABLE commitment to carry out a financially
responsible plan or program which is communicated in writing
to the workmen and apprentices affected.