Maryland 2025 Regular Session

Maryland Senate Bill SB688 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0688
6	6
7	7	SENATE BILL 688
8	8	P2 5lr2664
9	9	SB 1138/24 – SRU CF 5lr2659
10	10	By: Senator Benson
11	11	Introduced and read first time: January 26, 2025
12	12	Assigned to: Finance and Budget and Taxation
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Public Works Contracts – Apprenticeship Requirements 2
19	19	(Maryland Workforce Apprenticeship Utilization Act) 3
20	20
21	21	FOR the purpose of altering certain apprenticeship requirements relating to public works 4
22	22	contracts to require certain contractors and subcontractors to employ a certain 5
23	23	number of qualified apprentices or journeyworkers necessary to meet a certain 6
24	24	applicable percentage for the project; altering which projects are subject to certain 7
25	25	apprenticeship requirements; repealing certain provisions of law that authorized 8
26	26	contractors and subcontractors to make certain payments to a certain apprenticeship 9
27	27	program in lieu of employing certain apprentices; requiring the Secretary of Labor 10
28	28	to annually establish a certain applicable percentage; authorizing the Secretary to 11
29	29	waive certain requirements under certain circumstances; establishing that certain 12
30	30	apprenticeship requirements apply to the University System of Maryland and 13
31	31	Baltimore City Community College; and generally relating to apprenticeship 14
32	32	requirements for public works contracts. 15
33	33
34	34	BY repealing and reenacting, with amendments, 16
35	35	Article – State Finance and Procurement 17
36	36	Section 11–203(e) 18
37	37	Annotated Code of Maryland 19
38	38	(2021 Replacement Volume and 2024 Supplement) 20
39	39	(As enacted by Chapter 732 of the Acts of the General Assembly of 2021 and 21
40	40	Chapters 575 and 576 of the Acts of the General Assembly of 2023) 22
41	41
42	42	BY repealing and reenacting, with amendments, 23
43	43	Article – State Finance and Procurement 24
44	44	Section 17–601, 17–603, 17–604, and 17–606 25
45	45	Annotated Code of Maryland 26
46	46	(2021 Replacement Volume and 2024 Supplement) 27
47	47
48	48	BY adding to 28 2 SENATE BILL 688
49	49
50	50
51	51	Article – State Finance and Procurement 1
52	52	Section 17–601.1, 17–602.1, 17–604.1, 17–605.1, and 17–607 2
53	53	Annotated Code of Maryland 3
54	54	(2021 Replacement Volume and 2024 Supplement) 4
55	55
56	56	BY repealing and reenacting, without amendments, 5
57	57	Article – State Finance and Procurement 6
58	58	Section 17–602 7
59	59	Annotated Code of Maryland 8
60	60	(2021 Replacement Volume and 2024 Supplement) 9
61	61
62	62	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 10
63	63	That the Laws of Maryland read as follows: 11
64	64
65	65	Article – State Finance and Procurement 12
66	66
67	67	11–203. 13
68	68
69	69	(e) (1) In this subsection, “University” means the University System of 14
70	70	Maryland, Morgan State University, or St. Mary’s College of Maryland. 15
71	71
72	72	(2) Except as otherwise provided in this subsection, this Division II does 16
73	73	not apply to the University System of Maryland, Morgan State University, St. Mary’s 17
74	74	College of Maryland, or Baltimore City Community College. 18
75	75
76	76	(3) (i) A procurement by a University or Baltimore City Community 19
77	77	College shall comply with the policies and procedures developed by the University or 20
78	78	Baltimore City Community College and approved by the Board of Public Works and the 21
79	79	Administrative, Executive, and Legislative Review Committee of the General Assembly in 22
80	80	accordance with: 23
81	81
82	82	1. § 12–112 of the Education Article for the University 24
83	83	System of Maryland; 25
84	84
85	85	2. § 14–109 of the Education Article for Morgan State 26
86	86	University; 27
87	87
88	88	3. § 14–405(f) of the Education Article for St. Mary’s College 28
89	89	of Maryland; or 29
90	90
91	91	4. § 16–505.3 of the Education Article for Baltimore City 30
92	92	Community College. 31
93	93
94	94	(ii) 1. The review and approval of the Board of Public Works 32
95	95	shall be required for the following types of contracts with a value that exceeds $1,000,000 33
96	96	for a University or $500,000 for Baltimore City Community College: 34
97	97	SENATE BILL 688 3
98	98
99	99
100	100	A. capital improvements; and 1
101	101
102	102	B. services. 2
103	103
104	104	2. In its review of a contract for services or capital 3
105	105	improvements with a value that exceeds $1,000,000, the Board of Public Works may request 4
106	106	the comments of the appropriate agencies, including the Department of Budget and 5
107	107	Management and the Department of General Services. 6
108	108
109	109	3. For Baltimore City Community College contracts that are 7
110	110	not subject to the review and approval of the Board of Public Works under subsubparagraph 8
111	111	1 of this subparagraph: 9
112	112
113	113	A. contracts with a value of $100,000 or less shall be reviewed 10
114	114	and approved by the President of Baltimore City Community College or the President’s 11
115	115	designee; and 12
116	116
117	117	B. contracts with a value that exceeds $100,000 but does not 13
118	118	exceed $500,000 shall be approved by the Board of Trustees of Baltimore City Community 14
119	119	College. 15
120	120
121	121	(4) The policies of a University or Baltimore City Community College shall: 16
122	122
123	123	(i) to the maximum extent practicable, require the purchasing of 17
124	124	supplies and services in accordance with Title 14, Subtitle 1 of this article; 18
125	125
126	126	(ii) promote the purposes of the regulations adopted by the 19
127	127	Department of General Services governing the procurement of architectural and 20
128	128	engineering services; 21
129	129
130	130	(iii) promote the purposes of § 13–402 of the State Personnel and 22
131	131	Pensions Article; 23
132	132
133	133	(iv) to the maximum extent practicable, be similar to § 13–218.1 of 24
134	134	this article; and 25
135	135
136	136	(v) to the maximum extent practicable, require the procurement of 26
137	137	food in accordance with Title 14, Subtitle 7 of this article. 27
138	138
139	139	(5) (i) Except as provided in paragraph (7) of this subsection, the 28
140	140	following provisions of Division II of this article apply to a University and to Baltimore City 29
141	141	Community College: 30
142	142
143	143	1. § 11–205 of this subtitle (“Collusion”); 31
144	144
145	145	2. § 11–205.1 of this subtitle (“Falsification, concealment, 32
146	146	etc., of material facts”); 33 4 SENATE BILL 688
147	147
148	148
149	149
150	150	3. § 13–219 of this article (“Required clauses – 1
151	151	Nondiscrimination clause”); 2
152	152
153	153	4. § 13–225 of this article (“Retainage”); 3
154	154
155	155	5. Title 14, Subtitle 3 of this article (“Minority Business 4
156	156	Participation”); 5
157	157
158	158	6. Title 14, Subtitle 7 of this article (“Certified Local Farm 6
159	159	and Fish Program”); 7
160	160
161	161	7. Title 15, Subtitle 1 of this article (“Procurement Contract 8
162	162	Administration”); 9
163	163
164	164	8. § 15–226 of this article (“Policy established; timing of 10
165	165	payments; notice upon nonpayment; disputes; appeals”); [and] 11
166	166
167	167	9. Title 16 of this article (“Suspension and Debarment of 12
168	168	Contractors”); AND 13
169	169
170	170	10. TITLE 17, SUBTITLE 6 OF THIS ARTICLE 14
171	171	(“APPRENTICESHIP REQUIREMENTS FOR PUBLIC WORKS CONTRACTS”). 15
172	172
173	173	(ii) If a procurement violates the provisions of this subsection or 16
174	174	policies adopted in accordance with this subsection, the procurement contract is void or 17
175	175	voidable in accordance with the provisions of § 11–204 of this subtitle. 18
176	176
177	177	(6) (i) The State Board of Contract Appeals shall have authority over 19
178	178	contract claims related to procurement contracts awarded by: 20
179	179
180	180	1. the University System of Maryland before July 1, 1999; 21
181	181
182	182	2. Morgan State University before July 1, 2004; and 22
183	183
184	184	3. Baltimore City Community College before July 1, 2021. 23
185	185
186	186	(ii) At the election of the Board of Regents of the University System 24
187	187	of Maryland and subject to the approval of the Board of Public Works, the State Board of 25
188	188	Contract Appeals shall have authority over contract claims related to procurement 26
189	189	contracts awarded by the University after June 30, 1999. 27
190	190
191	191	(iii) At the election of the Board of Regents of Morgan State 28
192	192	University and subject to the approval of the Board of Public Works, the State Board of 29
193	193	Contract Appeals shall have authority over contract claims related to procurement 30
194	194	contracts awarded by the University after June 30, 2004. 31
195	195	SENATE BILL 688 5
196	196
197	197
198	198	(iv) At the election of the Board of Trustees of St. Mary’s College of 1
199	199	Maryland and subject to the approval of the Board of Public Works, the State Board of 2
200	200	Contract Appeals shall have authority over contract claims related to procurement 3
201	201	contracts awarded by St. Mary’s College of Maryland after June 30, 2006. 4
202	202
203	203	(v) At the election of the Board of Trustees of Baltimore City 5
204	204	Community College and subject to the approval of the Board of Public Works, the State 6
205	205	Board of Contract Appeals shall have authority over contract claims related to procurement 7
206	206	contracts awarded by Baltimore City Community College after June 30, 2021. 8
207	207
208	208	(7) Except with regard to the provisions of § 15–113 of this article, 9
209	209	paragraphs (3), (4), and (5) of this subsection do not apply to: 10
210	210
211	211	(i) procurement by a University or Baltimore City Community 11
212	212	College from: 12
213	213
214	214	1. another unit; 13
215	215
216	216	2. a political subdivision of the State; 14
217	217
218	218	3. an agency of a political subdivision of the State; 15
219	219
220	220	4. a government, including the government of another state, 16
221	221	of the United States, or of another country; 17
222	222
223	223	5. an agency or political subdivision of a government; or 18
224	224
225	225	6. a bistate, multistate, bicounty, or multicounty 19
226	226	governmental agency; 20
227	227
228	228	(ii) procurement by a University in support of enterprise activities 21
229	229	for the purpose of: 22
230	230
231	231	1. direct resale; 23
232	232
233	233	2. remanufacture and subsequent resale; or 24
234	234
235	235	3. procurement by the University for overseas programs; or 25
236	236
237	237	(iii) procurement by the University System of Maryland for: 26
238	238
239	239	1. services of managers to invest, in accordance with the 27
240	240	management and investment policies adopted by the Board of Regents of the University 28
241	241	System of Maryland, gift and endowment assets received by the University System of 29
242	242	Maryland in accordance with § 12–104(e) of the Education Article; or 30
243	243	6 SENATE BILL 688
244	244
245	245
246	246	2. expenditures to manage, maintain, and enhance, in 1
247	247	accordance with the management and investment policies adopted by the Board of Regents 2
248	248	of the University System of Maryland, the value of gift and endowment assets received by 3
249	249	the University System of Maryland in accordance with § 12–104(e) of the Education Article. 4
250	250
251	251	17–601. 5
252	252
253	253	(a) In this subtitle the following words have the meanings indicated. 6
254	254
255	255	(B) “APPLICABLE PERCENTAGE ” MEANS THE PERCENTAGE OF TOTAL 7
256	256	LABOR HOURS OF WORK ON A COVERED PROJECT , INCLUDING CONSTRUCTI ON, 8
257	257	ALTERATION, AND REPAIR WORK , PERFORMED BY AN APPR ENTICE OR A 9
258	258	JOURNEYWORKER ESTABL ISHED UNDER § 17–602.1 OF THIS SUBTITLE. 10
259	259
260	260	[(b)] (C) “Apprenticeship training program” means an apprenticeship training 11
261	261	program that: 12
262	262
263	263	(1) is registered with, and approved by, the Apprenticeship and Training 13
264	264	Council or the U.S. Department of Labor; AND 14
265	265
266	266	(2) COMPLIES WITH THE RE QUIREMENTS OF 29 C.F.R. PART 29 AND 15
267	267	PART 30. 16
268	268
269	269	[(c)] (D) “Covered craft” means a classification of workers listed in the prevailing 17
270	270	wage determination applicable to the covered project. 18
271	271
272	272	[(d)] (E) “Covered project” means a project for the construction of a public work[, 19
273	273	as defined under § 17–201 of this title, that is valued at $500,000 or more] THAT IS 20
274	274	SUBJECT TO SUBTITLE 2 OF THIS TITLE. 21
275	275
276	276	[(e)] (F) “Department” means the Maryland Department of Labor. 22
277	277
278	278	[(f)] (G) “Fund” means the State Apprenticeship Training Fund established 23
279	279	under § 17–602 of this subtitle. 24
280	280
281	281	(H) “LABOR HOURS ” MEANS THE TOTAL NUMB ER OF HOURS DEVOTED TO 25
282	282	THE PERFORMANCE OF C ONSTRUCTION , ALTERATION, OR REPAIR WORK BY AN Y 26
283	283	INDIVIDUAL AND EXCLU DES HOURS WORKED BY : 27
284	284
285	285	(1) FOREMEN; 28
286	286
287	287	(2) SUPERINTENDENTS ; 29
288	288
289	289	(3) OWNERS; OR 30
290	290	SENATE BILL 688 7
291	291
292	292
293	293	(4) ANY PERSON EMPLOYED IN A BONA FIDE EXECU TIVE, 1
294	294	ADMINISTRATIVE , OR PROFESSIONAL CAPA CITY, AS DEFINED IN 29 C.F.R. PART 2
295	295	541. 3
296	296
297	297	[(g)] (I) “Participates in an apprenticeship training program” means that a 4
298	298	contractor or subcontractor makes regular financial contributions for each covered craft to 5
299	299	apprenticeship training programs for covered crafts during the term of the covered project 6
300	300	that are at least equal to the hourly fringe benefit contribution rates required for 7
301	301	apprenticeship training by the applicable prevailing wage determination for the project, as 8
302	302	specified by the Secretary. 9
303	303
304	304	(J) “QUALIFIED APPRENTICE OR JOURNEYWORKER ” MEANS AN 10
305	305	INDIVIDUAL WHO IS PA RTICIPATING IN AN AP PRENTICESHIP TRAININ G PROGRAM. 11
306	306
307	307	[(h)] (K) “Secretary” means the Secretary of Labor. 12
308	308
309	309	17–601.1. 13
310	310
311	311	(A) THIS SUBTITLE APPLIES ONLY TO CONTRACTORS AND 14
312	312	SUBCONTRACTORS WHO E MPLOY FOUR OR MORE I NDIVIDUALS TO PERFOR M WORK 15
313	313	ON A COVERED PROJECT . 16
314	314
315	315	(B) NOTHING IN THIS SUBTI TLE MAY PREEMPT A LO CAL LAW OR POLICY 17
316	316	PROVIDING FOR ADDITI ONAL SKILLED AND TRAINED WO RKFORCE REQUIREMENTS 18
317	317	ON PUBLIC WORKS PROJ ECTS. 19
318	318
319	319	17–602. 20
320	320
321	321	(a) There is a State Apprenticeship Training Fund in the Department. 21
322	322
323	323	(b) The Fund consists of: 22
324	324
325	325	(1) payments made by contractors or subcontractors in accordance with 23
326	326	this subtitle and Subtitle 6A of this title; and 24
327	327
328	328	(2) penalties collected as a result of violations of this subtitle and Subtitle 25
329	329	6A of this title. 26
330	330
331	331	(c) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of this 27
332	332	article. 28
333	333
334	334	(d) The State Treasurer shall hold the Fund separately, and the Comptroller shall 29
335	335	account for the Fund. 30
336	336
337	337	(e) The Secretary shall use money in the Fund to: 31
338	338	8 SENATE BILL 688
339	339
340	340
341	341	(1) promote preapprenticeship programs and other workforce development 1
342	342	programs in the State’s public secondary schools and community colleges that assist 2
343	343	students in preparing for and entering apprenticeship training programs; and 3
344	344
345	345	(2) pay any costs associated with carrying out the provisions of this subtitle 4
346	346	and Subtitle 6A of this title. 5
347	347
348	348	17–602.1. 6
349	349
350	350	(A) FOR CONSTRUCTION ON A COVER ED PROJECT FOR WHICH A PUBLIC 7
351	351	BODY ADVERTISES FOR BIDS OR PROPOSALS FO R A PUBLIC WORKS CON TRACT ON 8
352	352	OR AFTER JANUARY 1, 2026, THE APPLICABLE PERCE NTAGE IS 20%. 9
353	353
354	354	(B) ON OR BEFORE DECEMBER 31, 2026, AND EACH YEAR THEREA FTER, 10
355	355	THE SECRETARY SHALL SET THE APPLIC ABLE PERCENTAGE THAT WILL APPLY FOR 11
356	356	THE FOLLOWING CALEND AR YEAR. 12
357	357
358	358	(C) THE SECRETARY MAY ALTER T HE APPLICABLE PERCEN TAGE FOR A 13
359	359	COVERED PROJECT TO M EET ANY RATIO REQUIR EMENTS NECESSARY FOR 14
360	360	APPRENTICE OR JOURNE YWORKER SUPERVISION IN THE COVERED CRAFT . 15
361	361
362	362	17–603. 16
363	363
364	364	(a) A contractor that is awarded a procurement contract for a covered project shall 17
365	365	provide to a unit, as a condition of receiving the contract, written verification that: 18
366	366
367	367	(1) the contractor [participates in an apprenticeship training program for 19
368	368	each covered craft in which it will employ persons for the covered project] IS EMPLOYING 20
369	369	THE NUMBER OF QUALIF IED APPRENTICES OR J OURNEYWORKERS FOR A COVERED 21
370	370	PROJECT NECESSARY TO MEET THE APPLICABLE PERCENTAGE FOR THE C OVERED 22
371	371	PROJECT; OR 23
372	372
373	373	(2) the contractor will make payments to the Fund[; or 24
374	374
375	375	(3) the contractor will make payments in amounts determined under § 25
376	376	17–605 of this subtitle to a registered apprenticeship program or to an organization that 26
377	377	has registered apprenticeship programs for the purpose of supporting these programs]. 27
378	378
379	379	(b) The written verification required under subsection (a) of this section shall be 28
380	380	provided by a contractor to the unit responsible for the project before the contractor 29
381	381	commences performance under the procurement contract. 30
382	382
383	383	[(c) Organizations that have registered apprenticeship programs and receive 31
384	384	funds from contractors under subsection (a)(3) of this section shall certify to the Secretary 32 SENATE BILL 688 9
385	385
386	386
387	387	that all funds received are used solely for the purpose of improving or expanding 1
388	388	apprenticeship training in the State. 2
389	389
390	390	(d) The Secretary shall adopt regulations to establish a process for auditing 3
391	391	organizations that provide registered apprenticeship programs to ensure that all funds 4
392	392	received under subsection (a)(3) of this section are used solely to improve and expand 5
393	393	apprenticeship programs in the State.] 6
394	394
395	395	17–604. 7
396	396
397	397	(a) A subcontractor that performs work valued at $100,000 or more for a covered 8
398	398	project shall provide to a unit written verification that: 9
399	399
400	400	(1) the subcontractor [participates in an apprenticeship training program 10
401	401	for each covered craft in which it will employ persons] IS EMPLOYING THE NUM BER OF 11
402	402	QUALIFIED APPRENTICE S OR JOURNEYWORKERS FOR A COVERED PROJEC T 12
403	403	NECESSARY TO MEET TH E APPLICABLE PERCENT AGE for the covered project; OR 13
404	404
405	405	(2) the subcontractor will make payments to the Fund[; or 14
406	406
407	407	(3) the subcontractor will make payments in amounts determined under § 15
408	408	17–605 of this subtitle to a registered apprenticeship program or to an organization that 16
409	409	has registered apprenticeship programs for the purpose of supporting these programs]. 17
410	410
411	411	(b) The written verification required under subsection (a) of this section shall be 18
412	412	provided by a subcontractor to the unit responsible for the project before the subcontractor 19
413	413	commences performance under the procurement contract. 20
414	414
415	415	[(c) Organizations that have registered apprenticeship programs and receive 21
416	416	funds from contractors under subsection (a)(3) of this section shall certify to the Secretary 22
417	417	that all funds received are used solely for the purpose of improving or expanding 23
418	418	apprenticeship training in the State. 24
419	419
420	420	(d) The Secretary shall adopt regulations to establish a process for auditing 25
421	421	organizations that provide registered apprenticeship programs to ensure that all funds 26
422	422	received under subsection (a)(3) of this section are used solely to improve and expand 27
423	423	apprenticeship programs in the State.] 28
424	424
425	425	17–604.1. 29
426	426
427	427	(A) IN THIS SECTION , “ALL APPLICABLE APPRE NTICESHIP TRAINING 30
428	428	PROGRAMS” MEANS EACH APPRENTIC ESHIP TRAINING PROG RAM THAT HAS A 31
429	429	GEOGRAPHIC AREA OF O PERATION THAT INCLUD ES THE LOCATION OF T HE 32
430	430	COVERED PROJECT AND HAS A USUAL AND CUST OMARY BUSINESS PRACT ICE OF 33 10 SENATE BILL 688
431	431
432	432
433	433	ENTERING INTO AGREEM ENTS WITH EMPLOYERS FOR THE PLACEMENT OF 1
434	434	APPRENTICES IN THE C OVERED CRAFT . 2
435	435
436	436	(B) THE SECRETARY MAY WAIVE THE RE QUIREMENTS UNDER § 17–603 OR 3
437	437	§ 17–604 OF THIS SUBTITLE IF A CONTRACTOR OR SUBC ONTRACTOR SUBMITS A 4
438	438	WRITTEN WAIVER APPLI CATION, INCLUDING ANY SUPPOR TING DOCUMENTATION 5
439	439	REQUIRED BY THE SECRETARY, DEMONSTRATING THAT T HE CONTRACTOR OR 6
440	440	SUBCONTRACTOR: 7
441	441
442	442	(1) SUBJECT TO SUBSECTIO N (C) OF THIS SECTION, HAS REQUESTED 8
443	443	QUALIFIED APPRENTICE S FROM ALL APPLICABL E APPRENTICESHIP TRA INING 9
444	444	PROGRAMS; AND 10
445	445
446	446	(2) FOR EACH REQUEST : 11
447	447
448	448	(I) THE REQUEST HAS BEEN DENIED FOR A REASON THAT IS 12
449	449	NOT THE RESULT OF A REFUSAL BY THE CONTRAC TOR OR SUBCONTRACTOR TO 13
450	450	COMPLY WITH THE ESTA BLISHED STANDARDS AN D REQUIREMENTS OF TH E 14
451	451	APPRENTICESHIP TRAIN ING PROGRAM ; OR 15
452	452
453	453	(II) THE APPRENTICESHIP T RAINING PROGRAM HAS FAILED TO 16
454	454	RESPOND TO THE REQUE ST WITHIN 10 BUSINESS DAYS AFTER THE DATE ON WHICH 17
455	455	THE APPRENTICESHIP T RAINING PROGRAM RECE IVED THE REQUEST . 18
456	456
457	457	(C) TO REQUEST QUALIFIED APPRENTICES FROM AN APPRENTICESHIP 19
458	458	TRAINING PROGRAM , A CONTRACTOR OR SUBC ONTRACTOR SHALL SUBM IT: 20
459	459
460	460	(1) A REQUEST BY TELEPHO NE AND IN WRITING SE NT 21
461	461	ELECTRON ICALLY AND BY REGIST ERED MAIL; AND 22
462	462
463	463	(2) A REQUEST TO AN APPR ENTICESHIP TRAINING PROGRAM WITH 23
464	464	WHICH THE CONTRACTOR OR SUBCONTRACTOR DOE S NOT HAVE AN EXISTI NG 24
465	465	PARTICIPATION AGREEM ENT, AT LEAST 90 CALENDAR DAYS BEFORE THE DATE THE 25
466	466	CONTRACTOR OR SUBCON TRACTOR EXPECTS TO USE APP RENTICE LABOR . 26
467	467
468	468	17–605.1. 27
469	469
470	470	(A) WHILE CONSTRUCTION AC TIVITY ON A COVERED PROJECT IS ONGOING , 28
471	471	EACH CONTRACTOR AND SUBCONTRACTOR PERFOR MING WORK ON THE COV ERED 29
472	472	PROJECT SHALL SUBMIT A MONTHLY REPORT TO THE DEPARTMENT THAT 30
473	473	INCLUDES: 31
474	474
475	475	(1) FOR EACH APPRENTICE OR JOURNEYWORKER : 32 SENATE BILL 688 11
476	476
477	477
478	478
479	479	(I) THE NAME OF THE APPR ENTICE OR JOURNEYWOR KER; 1
480	480
481	481	(II) THE NAME OF THE ASSO CIATED APPRENTICESHI P TRAINING 2
482	482	PROGRAM; AND 3
483	483
484	484	(III) THE APPRENTICE REGIS TRATION OR IDENTIFIC ATION 4
485	485	NUMBER; 5
486	486
487	487	(2) THE TOTAL NUMBER OF APPRENTICES AND LABO R HOURS 6
488	488	WORKED, CATEGORIZED BY TRADE OR CRAFT; AND 7
489	489
490	490	(3) THE TOTAL NUMBER OF JOURNEYWORKERS AND L ABOR HOURS 8
491	491	WORKED, CATEGORIZED BY TRADE OR CRAFT. 9
492	492
493	493	(B) WITHIN 60 DAYS AFTER COMPLETIN G WORK ON A COVERED PROJECT, 10
494	494	EACH CONTRACTOR AND SUBCONTRACTOR SHALL SUBMI T TO THE DEPARTMENT : 11
495	495
496	496	(1) A STATEMENT OF THE T OTAL NUMBER OF LABOR HOURS OF WORK 12
497	497	ON A COVERED PROJECT , INCLUDING CONSTRUCTI ON, ALTERATION, AND REPAIR 13
498	498	WORK, PERFORMED BY AN APPR ENTICE OR JOURNEYWOR KER; AND 14
499	499
500	500	(2) IF APPLICABLE , A WRITTEN DECLARATION AND SUPP ORTING 15
501	501	DOCUMENTS JUSTIFYING ANY WAIVER RECEIVED UNDER § 17–604.1 OF THIS 16
502	502	SUBTITLE. 17
503	503
504	504	(C) THE DEPARTMENT SHALL MAIN TAIN ON ITS WEBSITE : 18
505	505
506	506	(1) DATA AGGREGATED FROM THE REPORTS RECEIVED UNDER 19
507	507	SUBSECTIONS (A) AND (B) OF THIS SECTION SHOW ING THE USE OF QUALIF IED 20
508	508	APPRENTICES AND JOUR NEYWORKERS ON COVERE D PROJECTS; AND 21
509	509
510	510	(2) DESCRIPTIONS OF THE CIRCUMSTANCES OF ANY WAIVER 22
511	511	GRANTED UNDER § 17–604.1 OF THIS SUBTITLE. 23
512	512
513	513	17–606. 24
514	514
515	515	(a) A contractor or subcontractor that fails to meet the requirements of this 25
516	516	subtitle shall be liable for an amount equal to: 26
517	517
518	518	(1) twice the amount of unpaid apprenticeship training contributions 27
519	519	required by §§ 17–603 AND 17–604 OF this subtitle; AND 28
520	520	12 SENATE BILL 688
521	521
522	522
523	523	(2) $100 MULTIPLIED BY THE TO TAL LABOR HOURS FOR WHICH THE 1
524	524	REQUIREMENT UNDER § 17–603 OF THIS SUBTITLE WAS APPLICABLE. 2
525	525
526	526	(b) (1) In this subsection, “willfully” means representations or omissions 3
527	527	known to be false or made with deliberate ignorance or reckless disregard for their truth or 4
528	528	falsity. 5
529	529
530	530	(2) Any person, firm, or corporation that is found to have made willfully a 6
531	531	false or fraudulent representation or omission regarding a material fact in connection with 7
532	532	prevailing wage records required by this section shall be liable for a civil penalty in an 8
533	533	amount of up to $1,000 for each employee and each falsified record. 9
534	534
535	535	(3) Penalties shall be recoverable [in civil actions and paid to the State] 10
536	536	UNDER THE MARYLAND FALSE CLAIMS ACT. 11
537	537
538	538	(c) (1) The Secretary shall adopt regulations to establish administrative 12
539	539	procedures for the collection of payments under this subtitle. 13
540	540
541	541	(2) (i) The Secretary may file suit to enforce this section in any court of 14
542	542	competent jurisdiction. 15
543	543
544	544	(ii) In an action filed under this subsection, the court shall require 16
545	545	the contractor or subcontractor to pay the amount required by subsection (a) of this section, 17
546	546	including interest, reasonable counsel fees, and court costs. 18
547	547
548	548	17–607. 19
549	549
550	550	THE SECRETARY SHALL ADOPT REGULATIONS NECESSAR Y TO CARRY OUT THE 20
551	551	REQUIREMENTS OF THIS SUBTITLE. 21
552	552
553	553	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 22
554	554	October 1, 2025. 23