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Ch. 13
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58
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LAMS OF MARYLAND
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PAY ANY FEE OR OTHER CONSIDERATION THAT IS CONTINGENT ON
THE MAKING OF A CONTRACT FOR ARCHITECTURAL OR ENGINEERING
SERVICES.
(D) EMPLOYEE OF TRANSPORTATION AGENCY PROHIBITED
FROM SOLICITING CONTRACT ON CONTINGENT FEE BASIS.
AN EMPLOYEE OF A TRANSPORTATION AGENCY MAY NOT
SOLICIT OR SECURE OR OFFER TO SOLICIT OR SECURE A
CONTRACT FOR ARCHITECTURAL OR ENGINEERING SERVICES FOR
WHICH THE EMPLOYEE IS PAID OR IS TO BE PAID ANY FEE OR
OTHER CONSIDERATION CONTINGENT ON THE MAKING OF THE
CONTRACT BETWEEN THE TRANSPORTATION AGENCY AND ANY OTHER
PERSON.
REVISOR'S NOTE: This section is new language derived
without substantive change from Art. 41,
§231V.
In subsections (a) and (c) of this section,
the term "engineer" is substituted for
"professional engineer" to conform to the
usage otherwise employed throughout this
subtitle.
In subsection (b) of this section, the present
reference to a "partnership or corporation" is
deleted as unnecessary in light of the word
"person", as defined in §1-101 of this title.
Also, tor consistency, the term "architectural
or engineering services" is substituted for
"professional services".
In subsection (d) of this section, the word
"employee" is substituted for "official" to
clarify the existing law.
The second sentence of present Art. 41,
§231V(a), which provides for termination of a
contract and deduction of the cost for the
illegal fee, is incorporated into the
substance of §2-316 of this subtitle.
The present references to persons who violate
the provisions of this section as being
"guilty of a felony" and subject to the
penalties of §2-317 of this subtitle are
deleted as unnecessary; see, §2—317.
The term "transportation agency" is defined in
§2—301 of this subtitle.
As to the uncertain scope of this section, see
the discussion in the revisor's note to §2—312
of this subtitle.
Certain additional problems noted by the
Commission are worthy of mention:
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