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Ch. 70
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530
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LAWS OF MARYLAND
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8-501.
(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 TO PROVIDE 50 PERCENT OR
MORE OF THE FUNDS 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] LESS THAN 50 PERCENT OF THE FUNDS USED FOR THE
CONSTRUCTION OF A PARTICULAR PUBLIC WORKS ARE STATE FUNDS.
(3) IN THE CASE OF A PUBLIC WORK WHICH IS A PUBLIC
ELEMENTARY OR SECONDARY SCHOOL, "PUBLIC BODY" MEANS AN AGENCY,
POLITICAL SUBDIVISION, CORPORATION, PERSON, OR ENTITY OF WHATEVER
NATURE WHEN STATE PUBLIC FUNDS ARE USED TO PROVIDE 75 PERCENT OR
MORE OF THE FUNDS FOR THE CONSTRUCTION OF THE PUBLIC ELEMENTARY
OR SECONDARY SCHOOL, BUT, EXCEPT WHEN MADE APPLICABLE PURSUANT TO
THE PROVISIONS OF PARAGRAPH (2) OF THIS SUBSECTION, "PUBLIC BODY"
DOES NOT INCLUDE ANY COUNTY OR MUNICIPAL CORPORATION, OR ANY
DEPARTMENT, OFFICER, BOARD, COMMISSION, OR AGENCY THEREOF, WHEN
LESS THAN 75 PERCENT OF THE FUNDS USED FOR THE CONSTRUCTION OF A
PUBLIC ELEMENTARY OR "SECONDARY SCHOOL ARE STATE FUNDS.
(e) (1) "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" MEAN THE RATE OF WAGES PAID IN THE
LOCALITY IN WHICH THE WORK IS TO BE PERFORMED TO 50 PERCENT OR
MORE OF THOSE EMPLOYED IN THAT CLASSIFICATION IN CONSTRUCTION IN
THE LOCALITY SIMILAR TO THE PROPOSED UNDERTAKING; OR IF THERE IS
NOT 50 PERCENT PAID AT THE SAME RATE, THEN THE RATE PAID TO THE
GREATER NUMBER, PROVIDED THIS GREATER NUMBER CONSTITUTES 40
PERCENT OF THOSE EMPLOYED; OR IF LESS THAN 40 PERCENT OF THOSE SO
EMPLOYED RECEIVE THE "SAME RATE, THEN THE WEIGHTED AVERAGE RATE.
(2) "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] (I) The basic hourly rate of pay; and
[2] (II) The amount of:
[(i)] 1. 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
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