HARRY HUGHES, Governor                                       3419

or in part out of public funds, unless let to contract provided,
however, that for the purposes of this subtitle contracts of less
than $500,000 shall be excluded.

(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 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 any county or municipal corporation, or any department,
officer, board, commission, or agency thereof, when less than 50
percent of the funds used for the construction of a particular
public works are State funds.

(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.

(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: