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Session Laws, 1988
Volume 770, Page 1783   View pdf image
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WILLIAM DONALD SCHAEFER, Governor

Ch. 48

(II) THE COMMISSIONER.

(2) THE COMMISSIONER AND THE PUBLIC BODY SHALL MAKE
PAYROLL RECORDS AVAILABLE FOR PUBLIC INSPECTION DURING REGULAR
BUSINESS HOURS.

(C)  STATEMENTS OF CONTRACTORS AND SUBCONTRACTORS.

EACH COPY OF THE PAYROLL RECORDS SHALL BE ACCOMPANIED BY A
STATEMENT THAT IS SIGNED BY THE CONTRACTOR OR, FOR THE
SUBCONTRACTOR'S RECORDS, BY THE SUBCONTRACTOR AND INDICATES THAT:

(1)  THE PAYROLL RECORDS ARE CORRECT;

(2)  THE WAGE RATES PAID ARE NOT LESS THAN THOSE
ESTABLISHED BY THE COMMISSIONER AS SET FORTH IN THE PUBLIC WORK
CONTRACT;

(3)  THE CLASSIFICATION SET FORTH FOR EACH EMPLOYEE
CONFORMS WITH THE WORK PERFORMED BY THAT EMPLOYEE; AND

(4)  THE CONTRACTOR OR SUBCONTRACTOR HAS COMPLIED WITH
EACH REQUIREMENT OF THIS SUBTITLE.

(D)  PENALTIES FOR NONCOMPLIANCE.

IF A CONTRACTOR IS LATE IN SUBMITTING COPIES OF THE PAYROLL
RECORDS REQUIRED UNDER SUBSECTION (B) OF THIS SECTION:

(1)  THE PUBLIC BODY MAY POSTPONE THE PROCESSING OF
PARTIAL PAYMENT ESTIMATES UNDER THE PUBLIC WORK CONTRACT PENDING
RECEIPT OF THE COPIES; AND

(2)  THE CONTRACTOR SHALL BE LIABLE TO THE PUBLIC BODY
FOR LIQUIDATED DAMAGES OF $10 FOR EACH CALENDAR DAY THE RECORDS
ARE LATE.

REVISOR'S NOTE: This section is new language derived
without substantive change from former SF § 12-306(d),
(e), and the second sentence of (c).

In subsection (a)(2) of this section, the former
reference to allowing "any authorized representative"
to inspect is deleted as surplusage.

In subsection (b)(1) of this section, the phrase "for
work performed at the work site" is added to reflect
the second sentence of former SF § 12-306(d), which
made a contractor responsible for subcontractor's
records "covering work performed directly at the work
site" and, thus, seemed to limit the broad reference,
in the first sentence of former SF § 12-306(d), to

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Session Laws, 1988
Volume 770, Page 1783   View pdf image
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