Ch. 48

LAWS OF MARYLAND

17-304. PRICE OF AMERICAN STEEL PRODUCTS.

THE BOARD SHALL ADOPT REGULATIONS, IN ACCORDANCE WITH TITLE
10, SUBTITLE 1 OF THE STATE GOVERNMENT ARTICLE, STATING THAT A
BID OR OFFERED PRICE OF AN AMERICAN STEEL PRODUCT SHALL BE
CONSIDERED REASONABLE IF IT DOES NOT EXCEED THE SUM OF THE BID OR
OFFERED PRICE OF A SIMILAR STEEL PRODUCT OF FOREIGN ORIGIN,
INCLUDING DUTY, PLUS:

(1)  20% OF THAT BID OR OFFERED PRICE; OR

(2)  30% OF THAT BID OR OFFERED PRICE IF THE STEEL
PRODUCT IS PRODUCED IN A "SUBSTANTIAL LABOR SURPLUS AREA" AS
DEFINED BY THE UNITED STATES DEPARTMENT OF LABOR.

REVISOR'S NOTE: This section is new language derived
without substantive change from former SF § 12-402(b).

In the introductory language of this section, the
former words "for purposes of subsection (a) of this
section" are deleted as surplusage.

Also in the introductory language of this section, the
word "reasonable" is substituted for "not
unreasonable", for clarity.

Defined terms: "American steel product" § 17-301
"Bid" § 11-101 "Board" § 11-101

17-305. PAYMENT.

(A)  IN GENERAL.

A PUBLIC BODY MAY NOT PAY OR AUTHORIZE A PAYMENT TO  A PERSON

UNDER A CONTRACT SUBJECT TO §§ 17-303 AND 17-304 OF THIS   SUBTITLE

UNLESS THE PUBLIC BODY IS SATISFIED THAT THE PERSON HAS   COMPLIED
FULLY WITH THAT REQUIREMENT.

(B)  RECOVERY OF ERRONEOUS PAYMENTS.

(1)  IF A PERSON RECEIVES A PAYMENT THAT SHOULD NOT
HAVE BEEN MADE UNDER SUBSECTION (A) OF THIS SECTION, THE ATTORNEY
GENERAL MAY RECOVER THE PAYMENT DIRECTLY FROM THE PERSON WHO DID
NOT COMPLY WITH §§ 17-303 AND 17-304 OF THIS SUBTITLE BY FILING A
COMPLAINT IN THE CIRCUIT COURT FOR THE COUNTY WHERE THE CONTRACT
WAS EXECUTED OR PERFORMED.

(2)  THE ATTORNEY GENERAL MAY RECOVER A PAYMENT UNDER
THIS SUBSECTION TO THE FULL EXTENT OF THE CONTRACT.

REVISOR'S NOTE: This section is new language derived
without substantive change from former SF § 12-403.

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