EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1276*
HOUSE BILL 1276
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By: Delegate Wells
Introduced and read first time: February 8, 2024
Assigned to: Health and Government Operations and Economic Matters
A BILL ENTITLED
AN ACT concerning 1
Public Works Contracts – Apprenticeship Requirements 2
(Maryland Workforce Apprenticeship Utilization Act) 3
FOR the purpose of altering certain apprenticeship requirements relating to public works 4
contracts to require certain contractors and subcontractors to employ a certain 5
number of qualified apprentices or journeyworkers necessary to meet a certain 6
applicable percentage for the project; altering the dollar value for certain projects for 7
the purpose of applying certain apprenticeship requirements to the project; repealing 8
certain provisions of law that authorized contractors and subcontractors to make 9
certain payments in lieu of employing certain apprentices; requiring the Secretary 10
of Labor to annually establish a certain applicable percentage; establishing that 11
certain apprenticeship requirements apply to the University System of Maryland 12
and Baltimore City Community College; and generally relating to apprenticeship 13
requirements for public works contracts. 14
BY repealing and reenacting, with amendments, 15
Article – State Finance and Procurement 16
Section 11–203(e) 17
Annotated Code of Maryland 18
(2021 Replacement Volume and 2023 Supplement) 19
(As enacted by Chapters 732 of the Acts of the General Assembly of 2021 and 20
Chapters 575 and 576 of the Acts of the General Assembly of 2023) 21
BY repealing and reenacting, with amendments, 22
Article – State Finance and Procurement 23
Section 17–601, 17–602, 17–603, and 17–606 24
Annotated Code of Maryland 25
(2021 Replacement Volume and 2023 Supplement) 26
BY adding to 27
Article – State Finance and Procurement 28 2 HOUSE BILL 1276
Section 17–601.1, 17–602.1, 17–604, 17–605, and 17–607 1
Annotated Code of Maryland 2
(2021 Replacement Volume and 2023 Supplement) 3
BY repealing 4
Article – State Finance and Procurement 5
Section 17–604 and 17–605 6
Annotated Code of Maryland 7
(2021 Replacement Volume and 2023 Supplement) 8
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 9
That the Laws of Maryland read as follows: 10
Article – State Finance and Procurement 11
11–203. 12
(e) (1) In this subsection, “University” means the University System of 13
Maryland, Morgan State University, or St. Mary’s College of Maryland. 14
(2) Except as otherwise provided in this subsection, this Division II does 15
not apply to the University System of Maryland, Morgan State University, St. Mary’s 16
College of Maryland, or Baltimore City Community College. 17
(3) (i) A procurement by a University or Baltimore City Community 18
College shall comply with the policies and procedures developed by the University or 19
Baltimore City Community College and approved by the Board of Public Works and the 20
Administrative, Executive, and Legislative Review Committee of the General Assembly in 21
accordance with: 22
1. § 12–112 of the Education Article for the University 23
System of Maryland; 24
2. § 14–109 of the Education Article for Morgan State 25
University; 26
3. § 14–405(f) of the Education Article for St. Mary’s College 27
of Maryland; or 28
4. § 16–505.3 of the Education Article for Baltimore City 29
Community College. 30
(ii) 1. The review and approval of the Board of Public Works 31
shall be required for the following types of contracts with a value that exceeds $1,000,000 32
for a University or $500,000 for Baltimore City Community College: 33
A. capital improvements; and 34 HOUSE BILL 1276 3
B. services. 1
2. In its review of a contract for services or capital 2
improvements with a value that exceeds $1,000,000, the Board of Public Works may request 3
the comments of the appropriate agencies, including the Department of Budget and 4
Management and the Department of General Services. 5
3. For Baltimore City Community College contracts that are 6
not subject to the review and approval of the Board of Public Works under subsubparagraph 7
1 of this subparagraph: 8
A. contracts with a value of $100,000 or less shall be reviewed 9
and approved by the President of Baltimore City Community College or the President’s 10
designee; and 11
B. contracts with a value that exceeds $100,000 but does not 12
exceed $500,000 shall be approved by the Board of Trustees of Baltimore City Community 13
College. 14
(4) The policies of a University or Baltimore City Community College shall: 15
(i) to the maximum extent practicable, require the purchasing of 16
supplies and services in accordance with Title 14, Subtitle 1 of this article; 17
(ii) promote the purposes of the regulations adopted by the 18
Department of General Services governing the procurement of architectural and 19
engineering services; 20
(iii) promote the purposes of § 13–402 of the State Personnel and 21
Pensions Article; 22
(iv) to the maximum extent practicable, be similar to § 13–218.1 of 23
this article; and 24
(v) to the maximum extent practicable, require the procurement of 25
food in accordance with Title 14, Subtitle 7 of this article. 26
(5) (i) Except as provided in paragraph (7) of this subsection, the 27
following provisions of Division II of this article apply to a University and to Baltimore City 28
Community College: 29
1. § 11–205 of this subtitle (“Collusion”); 30
2. § 11–205.1 of this subtitle (“Falsification, concealment, 31
etc., of material facts”); 32
4 HOUSE BILL 1276
3. § 13–219 of this article (“Required clauses – 1
Nondiscrimination clause”); 2
4. § 13–225 of this article (“Retainage”); 3
5. Title 14, Subtitle 3 of this article (“Minority Business 4
Participation”); 5
6. Title 14, Subtitle 7 of this article (“Certified Local Farm 6
and Fish Program”); 7
7. Title 15, Subtitle 1 of this article (“Procurement Contract 8
Administration”); 9
8. § 15–226 of this article (“Policy established; timing of 10
payments; notice upon nonpayment; disputes; appeals”); [and] 11
9. Title 16 of this article (“Suspension and Debarment of 12
Contractors”); AND 13
10. TITLE 17, SUBTITLE 6 OF THIS ARTICLE 14
(“APPRENTICESHIP REQUIREMENTS FOR PUBLIC WORKS CONTRACTS”). 15
(ii) If a procurement violates the provisions of this subsection or 16
policies adopted in accordance with this subsection, the procurement contract is void or 17
voidable in accordance with the provisions of § 11–204 of this subtitle. 18
(6) (i) The State Board of Contract Appeals shall have authority over 19
contract claims related to procurement contracts awarded by: 20
1. the University System of Maryland before July 1, 1999; 21
2. Morgan State University before July 1, 2004; and 22
3. Baltimore City Community College before July 1, 2021. 23
(ii) At the election of the Board of Regents of the University System 24
of Maryland and subject to the approval of the Board of Public Works, the State Board of 25
Contract Appeals shall have authority over contract claims related to procurement 26
contracts awarded by the University after June 30, 1999. 27
(iii) At the election of the Board of Regents of Morgan State 28
University and subject to the approval of the Board of Public Works, the State Board of 29
Contract Appeals shall have authority over contract claims related to procurement 30
contracts awarded by the University after June 30, 2004. 31
HOUSE BILL 1276 5
(iv) At the election of the Board of Trustees of St. Mary’s College of 1
Maryland and subject to the approval of the Board of Public Works, the State Board of 2
Contract Appeals shall have authority over contract claims related to procurement 3
contracts awarded by St. Mary’s College of Maryland after June 30, 2006. 4
(v) At the election of the Board of Trustees of Baltimore City 5
Community College and subject to the approval of the Board of Public Works, the State 6
Board of Contract Appeals shall have authority over contract claims related to procurement 7
contracts awarded by Baltimore City Community College after June 30, 2021. 8
(7) Except with regard to the provisions of § 15–113 of this article, 9
paragraphs (3), (4), and (5) of this subsection do not apply to: 10
(i) procurement by a University or Baltimore City Community 11
College from: 12
1. another unit; 13
2. a political subdivision of the State; 14
3. an agency of a political subdivision of the State; 15
4. a government, including the government of another state, 16
of the United States, or of another country; 17
5. an agency or political subdivision of a government; or 18
6. a bistate, multistate, bicounty, or multicounty 19
governmental agency; 20
(ii) procurement by a University in support of enterprise activities 21
for the purpose of: 22
1. direct resale; 23
2. remanufacture and subsequent resale; or 24
3. procurement by the University for overseas programs; or 25
(iii) procurement by the University System of Maryland for: 26
1. services of managers to invest, in accordance with the 27
management and investment policies adopted by the Board of Regents of the University 28
System of Maryland, gift and endowment assets received by the University System of 29
Maryland in accordance with § 12–104(e) of the Education Article; or 30
6 HOUSE BILL 1276
2. expenditures to manage, maintain, and enhance, in 1
accordance with the management and investment policies adopted by the Board of Regents 2
of the University System of Maryland, the value of gift and endowment assets received by 3
the University System of Maryland in accordance with § 12–104(e) of the Education Article. 4
17–601. 5
(a) In this subtitle the following words have the meanings indicated. 6
(B) “APPLICABLE PERCENTAGE ” MEANS THE PERCENTAGE OF TOTAL 7
LABOR HOURS OF WORK ON A COVERED PROJECT , INCLUDING CONSTRUCTI ON, 8
ALTERATION, AND REPAIR WORK , PERFORMED BY AN APPR ENTICE OR A 9
JOURNEYW ORKER ESTABLISHED UNDER § 17–602.1 OF THIS SUBTITLE. 10
[(b)] (C) “Apprenticeship training program” means an apprenticeship training 11
program that: 12
(1) is registered with, and approved by, the Apprenticeship and Training 13
Council or the U.S. Department of Labor; AND 14
(2) COMPLIES WITH THE REQUIREMENTS OF 29 C.F.R. PART 29 AND 15
PART 30. 16
[(c)] (D) “Covered craft” means a classification of workers listed in the prevailing 17
wage determination applicable to the covered project. 18
[(d)] (E) “Covered project” means a project for the construction of a public work, 19
as defined under § 17–201 of this title, that is valued at [$500,000] $250,000 or more. 20
[(e)] (F) “Department” means the Maryland Department of Labor. 21
[(f)] (G) “Fund” means the State Apprenticeship Training Fund established 22
under § 17–602 of this subtitle. 23
(H) “LABOR HOURS ” MEANS THE TOTAL NUMB ER OF HOURS DEVOTED TO 24
THE PERFORMANCE OF C ONSTRUCTION , ALTERATION, OR REPAIR WORK BY AN Y 25
INDIVIDUAL AND EXCLU DES HOURS WORKED BY : 26
(1) FOREMEN; 27
(2) SUPERINTENDENTS ; 28
(3) OWNERS; OR 29
HOUSE BILL 1276 7
(4) ANY PERSON EMPLOYED IN A BONA F IDE EXECUTIVE , 1
ADMINISTRATIVE , OR PROFESSIONAL CAPA CITY, AS DEFINED IN 29 C.F.R. PART 2
541. 3
[(g)] (I) “Participates in an apprenticeship training program” means that a 4
contractor or subcontractor makes regular financial contributions for each covered craft to 5
apprenticeship training programs for covered crafts during the term of the covered project 6
that are at least equal to the hourly fringe benefit contribution rates required for 7
apprenticeship training by the applicable prevailing wage determination for the project, as 8
specified by the Secretary. 9
(J) “QUALIFIED APPRENTICE OR JOURNEYWORKER ” MEANS AN 10
INDIVIDUAL WHO IS PA RTICIPATING IN AN AP PRENTICESHIP TRAININ G PROGRAM. 11
[(h)] (K) “Secretary” means the Secretary of Labor. 12
17–601.1. 13
(A) THIS SUBTITLE APPLIES ONLY TO CONTRACTORS AND 14
SUBCONTRACTORS WHO E MPLOY FOUR OR MORE INDIVIDUALS TO PERFORM WORK 15
ON A COVERED PROJECT . 16
(B) NOTHING IN THIS SUBTI TLE MAY PREEMPT A LOCAL LAW OR POLIC Y 17
PROVIDING FOR ADDITI ONAL SKILLED AND TRA INED WORKFORCE REQUI REMENTS 18
ON PUBLIC WORK PROJE CTS. 19
17–602. 20
(a) There is a State Apprenticeship Training Fund in the Department. 21
(b) The Fund consists of: 22
(1) payments made by contractors or subcontractors in accordance with 23
[this subtitle and] Subtitle 6A of this title; and 24
(2) penalties collected as a result of violations of this subtitle and Subtitle 25
6A of this title. 26
(c) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of this 27
article. 28
(d) The State Treasurer shall hold the Fund separately, and the Comptroller shall 29
account for the Fund. 30
(e) The Secretary shall use money in the Fund to: 31 8 HOUSE BILL 1276
(1) promote preapprenticeship programs and other workforce development 1
programs in the State’s public secondary schools and community colleges that assist 2
students in preparing for and entering apprenticeship training programs; and 3
(2) pay any costs associated with carrying out the provisions of this subtitle 4
and Subtitle 6A of this title. 5
17–602.1. 6
(A) FOR CONSTRUCTION ON A COVERED PROJECT THAT BEGINS ON OR 7
AFTER JANUARY 1, 2025, THE APPLICABLE PERCE NTAGE IS 25%. 8
(B) ON OR BEFORE DECEMBER 31, 2025, AND EACH YEAR THEREA FTER, 9
THE SECRETARY SHALL SET THE APPLIC ABLE PERCENTAGE THAT WILL APPLY FOR 10
THE FOLLOWING CALEND AR YEAR. 11
17–603. 12
(a) [A] SUBJECT TO SUBSECTION (C) OF THIS SECTION , A contractor that is 13
awarded a procurement contract for a covered project shall provide to a unit, as a condition 14
of receiving the contract, written verification that[: 15
(1) the contractor participates in an apprenticeship training program for 16
each covered craft in which it will employ persons for the covered project; 17
(2) the contractor will make payments to the Fund; or 18
(3) the contractor will make payments in amounts determined under § 19
17–605 of this subtitle to a registered apprenticeship program or to an organization that 20
has registered apprenticeship programs for the purpose of supporting these programs] THE 21
CONTRACTOR IS EMPLOY ING THE NUMBER OF QUALIFIED APPRENTICES OR 22
JOURNEYWORKERS FOR A COVERED PROJEC T NECESSARY TO MEET THE 23
APPLICABLE PERCEN TAGE FOR THE COVERED PROJECT. 24
(B) SUBJECT TO SUBSECTION (C) OF THIS SECTION , A SUBCONTRACTOR 25
THAT PERFORMS WORK V ALUED AT $100,000 OR MORE FOR A COVERE D PROJECT 26
SHALL PROVIDE TO A U NIT WRITTEN VERIFICA TION THAT THE SUBCON TRACTOR IS 27
EMPLOYING THE NUMBER OF QUALIFIED APPRENTICE S OR JOURNEYWORKERS FOR 28
A COVERED PROJECT NE CESSARY TO MEET THE APPLICABLE PERCENTAG E FOR THE 29
COVERED PROJECT . 30
(C) THE SECRETARY MAY ALTER T HE APPLICABLE PERCEN TAGE FOR A 31
COVERED PROJECT TO M EET ANY RATIO REQUIR EMENTS NECESSARY FOR 32
APPRENTICE OR JOURNEYW ORKER SUPERVISION IN THE COVERED CRAFT . 33 HOUSE BILL 1276 9
[(b)] (D) The written verification required under [subsection] SUBSECTIONS (a) 1
AND (B) of this section shall be provided [by a contractor] to the unit responsible for the 2
project before the contractor OR SUBCONTRACTOR commences performance under the 3
procurement contract. 4
[(c) Organizations that have registered apprenticeship programs and receive 5
funds from contractors under subsection (a)(3) of this section shall certify to the Secretary 6
that all funds received are used solely for the purpose of improving or expanding 7
apprenticeship training in the State. 8
(d) The Secretary shall adopt regulations to establish a process for auditing 9
organizations that provide registered apprenticeship programs to ensure that all funds 10
received under subsection (a)(3) of this section are used solely to improve and expand 11
apprenticeship programs in the State.] 12
[17–604. 13
(a) A subcontractor that performs work valued at $100,000 or more for a covered 14
project shall provide to a unit written verification that: 15
(1) the subcontractor participates in an apprenticeship training program 16
for each covered craft in which it will employ persons for the covered project; 17
(2) the subcontractor will make payments to the Fund; or 18
(3) the subcontractor will make payments in amounts determined under § 19
17–605 of this subtitle to a registered apprenticeship program or to an organization that 20
has registered apprenticeship programs for the purpose of supporting these programs. 21
(b) The written verification required under subsection (a) of this section shall be 22
provided by a subcontractor to the unit responsible for the project before the subcontractor 23
commences performance under the procurement contract. 24
(c) Organizations that have registered apprenticeship programs and receive 25
funds from contractors under subsection (a)(3) of this section shall certify to the Secretary 26
that all funds received are used solely for the purpose of improving or expanding 27
apprenticeship training in the State. 28
(d) The Secretary shall adopt regulations to establish a process for auditing 29
organizations that provide registered apprenticeship programs to ensure that all funds 30
received under subsection (a)(3) of this section are used solely to improve and expand 31
apprenticeship programs in the State.] 32
17–604. 33
10 HOUSE BILL 1276
(A) IN THIS SECTION , “ALL APPLICABLE APPRE NTICESHIP TRAINING 1
PROGRAMS” MEANS EACH APPRENTIC ESHIP TRAINING PROGR AM THAT HAS A 2
GEOGRAPHIC AREA OF OPERATION THAT IN CLUDES THE LOCATION OF THE 3
COVERED PROJECT AND HAS A USUAL AND CUST OMARY BUSINESS PRACT ICE OF 4
ENTERING INTO AGREEM ENTS WITH EMPLOYERS FOR THE PLACEMENT OF 5
APPRENTICES IN THE C OVERED CRAFT . 6
(B) THE SECRETARY MAY WAIVE THE REQUIR EMENTS UNDER § 17–603 OF 7
THIS SUBTITLE IF A CONTRACTOR OR SUBC ONTRACTOR SUBMITS A WRITTEN 8
WAIVER APPLICATION , INCLUDING ANY SUPPOR TING DOCUMENTATION R EQUIRED 9
BY THE SECRETARY, DEMONSTRATING THAT T HE CONTRACTOR OR 10
SUBCONTRACTOR : 11
(1) SUBJECT TO SUBSECTIO N (C) OF THIS SECTION, HAS REQUESTED 12
QUALIFIED APPRENTICE S FROM ALL APPLICABLE APPRENTICESHIP TRAINING 13
PROGRAM S; AND 14
(2) FOR EACH REQUEST : 15
(I) THE REQUEST HAS BEEN DEN IED FOR A REASON THA T IS 16
NOT THE RESULT OF A REFUSAL BY THE CONTR ACTOR OR SUBCONTRACT OR TO 17
COMPLY WITH THE ESTA BLISHED STANDARDS AN D REQUIREMENTS OF TH E 18
APPRENTICESHIP TRAINING PROGRAM; OR 19
(II) THE APPRENTICESHIP TRAINING PROGRAM HAS FAILED TO 20
RESPOND TO THE REQUEST WITHIN 10 BUSINESS DAYS AFTER THE DATE ON WHICH 21
THE APPRENTICESHIP T RAINING PROGRAM RECEIVE D THE REQUEST. 22
(C) TO REQUEST QUALIFIED APPRENTICES FROM AN APPRENTICESHIP 23
TRAINING PROGRAM , A CONTRACTOR OR SUBC ONTRACTOR SHALL SUBMIT A 24
REQUEST: 25
(1) BY TELEPHONE AND IN WRITING SENT ELECTRONICALLY AND BY 26
REGISTERED MAIL ; AND 27
(2) FOR REQUESTS TO AN A PPRENTICESHIP TRAINI NG PROGRAM 28
WITH WHICH THE CONTR ACTOR OR SUBCONTRACT OR DOES NOT HAVE AN EXISTING 29
PARTICIPATION AGREEM ENT, AT LEAST 90 CALENDAR DAYS BEFORE THE DATE THE 30
CONTRACTOR OR SUBCON TRACTOR EXPECTS TO U SE APPRENTICE LABOR . 31
[17–605. 32
(a) (1) A contractor or subcontractor that elects to make payments to the Fund 33
in accordance with this subtitle shall make payments, as determined by the Secretary, not 34 HOUSE BILL 1276 11
to exceed 25 cents per hour for each employee in each covered craft who is employed by the 1
contractor or subcontractor on the covered project. 2
(2) If the prevailing wage determination for a covered craft includes a 3
fringe benefit contribution for apprenticeship programs that exceeds 25 cents, the 4
contractor or subcontractor shall pay the difference to the employees in the covered craft in 5
wages. 6
(3) Payments made under this section fulfill any obligations of the 7
contractor or subcontractor regarding contributions for apprenticeship programs included 8
in the prevailing wage determination under § 17–208 of this title. 9
(4) Payments made under paragraph (1) of this section are permissible 10
deductions under § 17–215(b) of this title. 11
(5) Payments made to the Fund in accordance with paragraph (1) of this 12
subsection shall be made on a monthly basis. 13
(b) (1) If the Secretary determines that a contractor or subcontractor for a 14
covered project has made contributions to an apprenticeship training program at rates 15
lower than those required by this subtitle, the contractor or subcontractor shall make 16
payments to the Fund for the difference between its contribution and the contribution rate 17
required by this subtitle. 18
(2) Payments made to the Fund in accordance with paragraph (1) of this 19
subsection shall be made on a monthly basis. 20
(c) A contractor shall report all apprenticeship payments made under this 21
subtitle on prevailing wage payroll records required by § 17–220 of this title. 22
(d) (1) A contractor or subcontractor that makes contributions to the Fund, a 23
registered apprenticeship program, or an organization that has registered apprenticeship 24
programs may request that its contributions be directed to a specific preapprenticeship or 25
workforce development program. 26
(2) The Secretary shall make a good–faith effort to accommodate requests 27
received in accordance with paragraph (1) of this subsection.] 28
17–605. 29
(A) WHILE CONSTRUCTION AC TIVITY ON A COVERED PROJECT IS ONGOING , 30
EACH CONTRACTOR AND SUBCONTRACTOR PERFOR MING WORK ON THE COV ERED 31
PROJECT SHALL SUBMIT A MONTHLY REPORT TO THE DEPARTMENT THAT 32
INCLUDES: 33
(1) FOR EACH APPRENTICE OR JOURNEY WORKER: 34 12 HOUSE BILL 1276
(I) THE NAME OF THE APPRENTICE OR JOURNEYWORKER ; 1
(II) THE NAME OF THE ASSOCIATED APPRENTIC ESHIP TRAINING 2
PROGRAM; AND 3
(III) THE APPRENTICE REGISTRAT ION OR IDENTIFICATIO N 4
NUMBER; 5
(2) THE TOTAL NUMBER OF APPRENTICE S AND LABOR HOURS 6
WORKED, CATEGORIZED BY TRADE OR CRAFT; AND 7
(3) THE TOTAL NUMBER OF JOURNEYWORKERS AND LABOR HOURS 8
WORKED, CATEGORIZED BY TRADE OR CRAFT. 9
(B) WITHIN 60 DAYS AFTER COMPLETIN G WORK ON A COVERED PROJECT, 10
EACH CONTRACTOR AND SUBCONTRACTOR SHALL SUBMIT TO THE DEPARTMENT : 11
(1) A STATEMENT OF THE T OTAL NUMBER OF LABOR HOURS OF WORK 12
ON A COVERED PROJECT , INCLUDING CONSTRUCTI ON, ALTERATION, AND REPAIR 13
WORK, PERFORMED BY AN APPR ENTICE OR JOURNEY WORKER; AND 14
(2) IF APPLICABLE , A WRITTEN DECLARATIO N AND SUPPORTING 15
DOCUMENTS JUSTIFYING ANY WAIVER RECEIVED UNDER § 17–604 OF THIS 16
SUBTITLE. 17
(C) THE DEPARTMENT SHALL MAIN TAIN ON ITS WEBSITE : 18
(1) DATA AGGREGATED FROM THE REPORTS RECEIVED UND ER 19
SUBSECTIONS (A) AND (B) OF THIS SECTION SHOWING THE USE OF Q UALIFIED 20
APPRENTICES AND JOURNEY WORKERS ON COVERED PROJECTS ; AND 21
(2) DESCRIPTIONS OF THE CIRCUMSTANCES OF ANY WAIVER 22
GRANTED UNDER § 17–604 OF THIS SUBTITLE. 23
17–606. 24
(a) A contractor or subcontractor that fails to meet the requirements of this 25
subtitle: 26
(1) shall be liable for an amount equal to [twice the amount of unpaid 27
apprenticeship training contributions required by this subtitle] $100 MULTIPLIED BY 28
THE TOTAL LABOR HOUR S FOR WHICH THE REQU IREMENT UNDER § 17–603 OF THIS 29
SUBTITLE WAS APPLICABLE ; AND 30 HOUSE BILL 1276 13
(2) MAY NOT BE CONTRACTE D TO PERFORM WORK ON A PUBLIC WORK 1
PROJECT FOR 3 YEARS AFTER THE DATE OF THE VIOLATION . 2
(b) (1) In this subsection, “willfully” means representations or omissions 3
known to be false or made with deliberate ignorance or reckless disregard for their truth or 4
falsity. 5
(2) Any person, firm, or corporation that is found to have made willfully a 6
false or fraudulent representation or omission regarding a material fact in connection with 7
prevailing wage records required by this section shall be liable for a civil penalty in an 8
amount of up to $1,000 for each employee and each falsified record. 9
(3) Penalties shall be recoverable [in civil actions and paid to the State] 10
UNDER THE MARYLAND FALSE CLAIMS ACT. 11
(c) (1) The Secretary shall adopt regulations to establish administrative 12
procedures for the collection of payments under this subtitle. 13
(2) (i) The Secretary may file suit to enforce this section in any court of 14
competent jurisdiction. 15
(ii) In an action filed under this subsection, the court shall require 16
the contractor or subcontractor to pay the amount required by subsection (a) of this section, 17
including interest, reasonable counsel fees, and court costs. 18
17–607. 19
THE SECRETARY SHALL ADOPT REGULATIONS NECESSAR Y TO CARRY OUT THE 20
REQUIREMENTS OF THIS SUBTITLE. 21
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 22
October 1, 2024. 23