WILLIAM DONALD SCHAEFER, Governor

Ch. 48

"any county or municipal corporation, or any
department, officer, board, commission, or agency
thereof", to conform to paragraph (l)(iii) of this
subsection. Since paragraphs (l)(iii) and (2)(ii) of
this subsection represent opposite situations, those
nongovernmental agencies and persons included in
paragraph (l)(iii) should be expressly excluded in
paragraph (2)(ii).

Defined terms:
"Construction"
"Public work"

"Commissioner" § 17-201
§ 17-201 "Person" § 11-101
§ 17-201

(J) PUBLIC WORK.

(1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION,
"PUBLIC WORK" MEANS A STRUCTURE OR WORK, INCLUDING A BRIDGE,
BUILDING, DITCH, ROAD, ALLEY, WATERWORK, OR SEWAGE DISPOSAL
PLANT, THAT:

OR

MONEY.

(I)  IS CONSTRUCTED FOR PUBLIC USE OR BENEFIT;

(II)  IS PAID FOR WHOLLY OR PARTLY BY PUBLIC
(2) "PUBLIC WORK" DOES NOT INCLUDE:

(I) UNLESS LET TO CONTRACT, A STRUCTURE OR WORK
WHOSE CONSTRUCTION IS PERFORMED BY A PUBLIC SERVICE COMPANY UNDER
ORDER OF THE PUBLIC SERVICE COMMISSION OR OTHER PUBLIC AUTHORITY
REGARDLESS OF:

1.  PUBLIC SUPERVISION OR DIRECTION; OR

2.  PAYMENT WHOLLY OR PARTLY FROM PUBLIC

MONEY; OR

(II) AN ELEMENTARY OR SECONDARY SCHOOL IF:

1.  THE SCHOOL IS NOT IN A POLITICAL
SUBDIVISION COUNTY COVERED UNDER SUBSECTION (I)(1)(IV) OF THIS
SECTION; AND

2.  THE STATE PROVIDES LESS THAN 75% OF
THE MONEY FOR CONSTRUCTION.

REVISOR'S NOTE: Paragraphs (1) and (2)(i) of this

subsection are new language derived without

substantive change from the first two clauses of

former SF § 12-301(c).

- 1761 -