WILLIAM DONALD SCHAEFER, Governor

Ch. 48

(3) MAY REFUSE TO EMPLOY A WORKER WHO IS A RESIDENT
OF ANOTHER STATE IF THE COMMISSIONER FINDS THAT THE OTHER STATE
ENFORCES A LAW THAT PROHIBITS A RESIDENT OF THIS STATE FROM
EMPLOYMENT AS A WORKER UNDER A PUBLIC WORK CONTRACT IN THAT
STATE, UNLESS:

(I)  THE REFUSAL IS IN CONFLICT OR OTHERWISE
INCONSISTENT WITH A FEDERAL LAW APPLICABLE TO THE PUBLIC WORK;

(II)  THE FEDERAL GOVERNMENT IS TO PAY WHOLLY OR
PARTLY FOR THE PUBLIC WORK; AND

(III)  THE INCONSISTENCY WITH FEDERAL LAW
JEOPARDIZES THE AVAILABILITY OF FEDERAL FUNDS FOR THE PUBLIC
WORK.

(B) USE OF APPRENTICES.

AN APPRENTICE UNDER A PUBLIC WORK CONTRACT SHALL BE PART OF
AND USED IN ACCORDANCE WITH AN APPRENTICESHIP PROGRAM REGISTERED
WITH THE COUNCIL AND APPROVED BY THE BUREAU OF APPRENTICESHIP AND
TRAINING OF THE UNITED STATES DEPARTMENT OF LABOR.

REVISOR'S NOTE: This section is new language derived
without substantive change from former SF §§ 12-302(e)
and 12-303 and the first sentence of § 12-312.

In subsection (a)(3)(i) and (iii) of this section, the
defined term "public work" is substituted for the
former references to a "project or activity", to
conform to the language used throughout this subtitle.

In subsection (b) of this section, the requirement
that an apprentice be "part of ... an apprenticeship
program" is added to state expressly that which only
was implied by the former requirement for "use" in
accordance with the program.

Also in subsection (b) of this section, the correct
name "Bureau of Apprenticeship and Training of the
United States Department of Labor" is substituted for
the former erroneous reference to "the Bureau of
Apprenticeship Training of the U.S. Department of
Labor", for clarity.

The second sentence of former SF § 12-312, which
restricted employment of apprentices to those in
programs "approved by" the Council, is deleted as
unnecessary in light of subsection (b) of this
section, which is derived from former SF § 12-302(e).
Under Art. 41A, § 3-405(6) of the Code, the Council
registers apprenticeship agreements that meet the
Council's standards.

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