3422                                          LAWS OF MARYLAND                                      Ch. 840

the Maryland Apprenticeship Council, Department of Labor and
Industry.

[18-503.] 12-303. EMPLOYMENT OF RESIDENTS OF STATE PROHIBITING
EMPLOYMENT OF MARYLAND RESIDENTS.

(a)  A contractor or subcontractor on any public works to
which this subtitle applies may 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.

(b)  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.

[18-504.] 12-304. HOURLY WAGE RATES.

(a) Every public body authorized to contract for public
works, before advertising for bids or proposals, shall request
the Commissioner to determine the prevailing rates of wages for
workmen and apprentices for the class or type of work called for
by the public works, in the locality the work is to be performed.
The Commissioner shall determine the prevailing hourly rate of
wages, including the prevailing rate of wages for overtime work
which shall in no event be less than time and a half the
prevailing hourly rate of wages for straight time, for work of
the same or a similar character in the locality in which the work
is to be performed for the various classifications of workmen and
apprentices required to execute the contemplated contract, and
such determination or schedule of the prevailing hourly rate of
wages shall be attached to and made a part of the specifications
and the contract for the work. If there is not a substantial
number of competent workmen engaged in work of the same or a
similar character within the locality as established by the
Commissioner, the Commissioner shall use the nearest established
locality within this State which most closely approximates, in
terms of population, degree of industrialization, and skill of
work force, the locality in which the public work is located to
make the determination. The Commissioner shall give prior notice
of each prevailing wage determination to be made pursuant to this
section. The Commissioner shall give the notice by mail to any
representative of any classification, any employer, or any
representative of any group of employers who in writing request
the Commissioner to give notice to the employer or the
representative of the classification or group of employers. The
Commissioner may not make a prevailing wage determination before
the expiration of 60 days from the date on which the prior notice
was given. The. Commissioner shall forthwith give notice by mail
of all determinations of prevailing wage rates made pursuant to
this section to any representative of any classification, any
employer, or any representative of any group of employers who in