Ch. 48                                          LAWS OF MARYLAND

for the former word "judicial", since under the State
Constitution "judicial" authority is only exercised by
the courts.

Subsection (i)(2) of this section is revised as a
duty. Former SF § 12-307(d) referred to "the
authority" to determine restitution and damages, as
part of the rulemaking power. Although the
regulations may set parameters, the determination must
be made for individual cases.

Defined terms: "Apprentice" § 17-201
"Commissioner" § 17-201 "Employee" § 17-201
"Person" § 11-101 "Prevailing wage rate" § 17-201
"Public body" § 17-201 "Public work" § 17-201
"Public work contract" § 17-201

17-222. LIABILITY FOR FAILURE TO PAY PREVAILING WAGE RATE.

(A)  LIQUIDATED DAMAGES.

A CONTRACTOR UNDER A PUBLIC WORK CONTRACT IS LIABLE TO THE
PUBLIC BODY FOR LIQUIDATED DAMAGES OF $10 A DAY FOR EACH LABORER
OR OTHER EMPLOYEE FOR EACH DAY FOR WHICH:

(1) THE LABORER IS PAID LESS THAN THE PREVAILING WAGE
RATE OF A MECHANIC WHILE PERFORMING A TASK REQUIRED TO BE
PERFORMED BY A MECHANIC OR MECHANIC'S APPRENTICE; OR

(1) (2) AN THE EMPLOYEE IS PAID LESS THAN THE
PREVAILING WAGE RATE; OR.

(2) A LABORER IS PAID LESS THAN THE PREVAILING WAGE
RATE OF A MECHANIC WHILE PERFORMING A TASK REQUIRED TO BE
PERFORMED BY A MECHANIC OR MECHANIC'S APPRENTICE.

(B)  RESTITUTION.

IF A CONTRACTOR OR SUBCONTRACTOR PAYS AN EMPLOYEE LESS THAN
THE AMOUNT THE EMPLOYEE IS ENTITLED TO RECEIVE FOR THE WORK
PERFORMED, THE CONTRACTOR OR SUBCONTRACTOR SHALL MAKE RESTITUTION
TO THE EMPLOYEE.

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

The second sentence of former § 12-302(b), which
stated that "[e]ach day's violation constitutes a
separate offense" and the second sentence of former §
12-302(d), which made a similar statement, are deleted

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