WILLIAM DONALD SCHAEFER, Governor Ch. 650

CHAPTER 650

(House Bill 316)

AN ACT concerning

Procurement - American Steel - Payment

FOR the purpose of altering a public body's authority to make
certain payments under a contract subject to the "Buy
American Steel" requirements of the procurement law;
clarifying that a public body may not make certain payments
for certain work that is not in compliance with certain
requirements; altering the Attorney General's authority to
recover certain payments from certain persons; and generally
relating to certain payments for work subject to the
"Maryland Buy American Steel Act".

BY repealing and reenacting, with amendments,

Article - State Finance and Procurement

Section 17-305

Annotated Code of Maryland

(1988 Replacement Volume)

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

Article - State Finance and Procurement

17-305.

(a)   [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.] UNLESS A PUBLIC BODY IS
SATISFIED THAT A PERSON HAS COMPLETED THE WORK IN FULL COMPLIANCE
WITH §§ 17-303 AND 17-304 OF THIS SUBTITLE, THE PUBLIC BODY MAY
NOT PAY OR AUTHORIZE A PAYMENT FOR WORK SUBJECT TO §§ 17-303 AND
17-304 OF THIS SUBTITLE TO A PERSON UNDER A CONTRACT.

(b)  [(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 PORTION OF the payment THAT IS
ATTRIBUTABLE TO WORK THAT DOES NOT COMPLY WITH §§ 17-303 AND
17-304 OF THIS SUBTITLE 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.

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