3428

LAWS OF MARYLAND

Ch. 840

(b) All contractors and subcontractors required herein to
pay not less than the prevailing rate of wages shall make full
payment of such wages unconditionally and without subsequent
rebate and without any deduction for food, sleeping
accommodations, transportation, use of small tools, or any other
thing of any kind or description, except deductions which must be
made by law or which are required or permitted by a collective
bargaining agreement between a bona fide labor organization and
the contractor or subcontractor. This subsection does not apply
if the employer and employee enter into an agreement in writing
at the beginning of any term of employment covering deductions
for food, sleeping accommodations, or other similar items,
provided the agreement is submitted by the employer to the public
body awarding the contract and is approved by the public body as
fair and reasonable.

[18-510.] 12-310. WAGE RATES TO BE DETERMINED PRIOR TO
ADVERTISING FOR BIDS, AWARDING CONTRACT OR DISBURSING FUNDS;
CONTRACTORS AND SUBCONTRACTORS WHO VIOLATE THIS SUBTITLE.

(a)  No public body, officer, official, member, agent, or
representative, authorized to contract for public works shall
fail, before advertising for bids or proposals, to have the
Commissioner determine the prevailing rates of wages of workmen
for each class of work called for by the public works in the
locality where the work is to be performed as provided herein.

(b)  No member of a public body authorized to contract for
public works shall vote for the award of any contract for the
construction of such works or vote for the disbursement of any
funds on account of the construction of such public works, unless
the public body has first had the Commissioner determine the
prevailing rates of wages of workmen for the class of work called
for by the public works in the locality where the work is to be
performed and a determination has been made a part of the
specifications and contract for the public works.

(c)  Following investigation as provided in § [18-507]
12-307 OF THIS SUBTITLE the Commissioner shall file with the
Secretary of State a list of the contractors and subcontractors
whom it finds have persistently and willfully violated this
subtitle and such contractors or subcontractors, or simulations
thereof, shall be prohibited from contracting directly or
indirectly with any public body for the construction of any
public works or from performing any work on the same as a
contractor or subcontractor for a period of 1 year from the date
the list is filed with the Secretary of State. No public body
shall award a contract for a public works to any such contractor
or subcontractor, or simulations thereof, during the 1 year
period. The filing of the list with the Secretary of State shall
be notice to all public bodies and their officers, officials,
members, agents, and representatives.

[18-511.] 12-311. PROCEDURE UPON NONCOMPLIANCE BY PUBLIC BODY.