2386

LAWS OF MARYLAND

Ch. 425

Annotated Code of Maryland

(As enacted by Chapters __ and ___ (H.B. 1 and H.B. 100)

of the Acts of the General Assembly of 1985)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article 21 - Procurement

8-601.

(e) (1) A person may not:

(i) Fraudulently obtain, retain, attempt to
obtain or retain, or aid another in fraudulently obtaining or
retaining or attempting to obtain or retain certification as a
minority business enterprise for the purposes of this subtitle;

(ii) Willfully make a false statement, whether
by affidavit, report, or other representation, to a State
official or employee for the purpose of influencing the
certification or denial of certification of any entity as a
minority business enterprise;

(iii) Willfully obstruct, impede, or attempt to
obstruct or impede any State official or employee who is
investigating the qualifications of a business entity which has
requested certification as a minority business enterprise; or

(iv) . Fraudulently obtain, attempt to obtain, or
aid another person in fraudulently obtaining or attempting to
obtain, public moneys to which the person is not entitled under
this subtitle.

(2)  Any person who violates the provisions of this
subsection is guilty of a felony and upon conviction is subject
to imprisonment for a period of not more than 5 years, or a fine
of not more than $10,000, or both.

(3) IF A CONTRACTOR, SUBCONTRACTOR, SUPPLIER,

SUBSIDIARY, OR AN AFFILIATE OF ANY ONE OF THEM, HAS BEEN FOUND BY
ANY DEPARTMENT TO HAVE VIOLATED THE PROVISIONS OF THIS SUBSECTION
AND THAT VIOLATION OCCURRED WITHIN 3 YEARS OF ANOTHER VIOLATION
OF THE PROVISIONS OF THIS SUBSECTION FOUND BY THE DEPARTMENT, THE

DEPARTMENT SHALL PROHIBIT THAT CONTRACTOR, SUBCONTRACTOR,

SUPPLIER, SUBSIDIARY, OR AN AFFILIATE OF ANY ONE OF THEM FROM
ENTERING INTO A STATE CONTRACT AND FROM FURTHER BIDDING TO A

PROCUREMENT AGENCY, AND FROM BEING A SUBCONTRACTOR TO A

CONTRACTOR FOR A PROCUREMENT AGENCY AND FROM BEING A SUPPLIER TO
A PROCUREMENT AGENCY.

(3) ANY PERSON ALLEGED TO HAVE VIOLATED THE

PROVISIONS OF THIS SUBSECTION CONVICTED OF HAVING VIOLATED A
PROVISION OF THIS SUBSECTION OR WHO HAS ADMITTED, IN WRITING OR