1. (a)

   1. (1) A person may not:

      1. (i) fraudulently obtain, hold, or attempt to obtain or hold certification;
      2. (ii) aid another person in performing an act prohibited under item (i) of this paragraph;
      3. (iii) willfully obstruct, impede, or attempt to obstruct or impede a State official or employee investigating the qualifications of a business entity that has requested certification;
      4. (iv) fraudulently obtain, attempt to obtain, or aid another person in fraudulently obtaining or attempting to obtain, public money to which the person is not entitled under this subtitle; or

      5. (v) in any minority business enterprise matter administered under this subtitle:

         1. 1. willfully falsify, conceal, or cover up a material fact by any scheme or device;
         2. 2. make a false or fraudulent statement or representation; or
         3. 3. use a false writing or document that the person knows to contain a false or fraudulent statement or entry.

   2. (2) Except as otherwise provided by law, a contractor may not identify a certified minority business enterprise in a bid or proposal and:

      1. (i) fail to request, receive, or otherwise obtain authorization from the certified minority business enterprise to identify the certified minority business enterprise in its bid or proposal;
      2. (ii) fail to notify the certified minority business enterprise before execution of the contract of its inclusion of the bid or proposal;
      3. (iii) fail to use the certified minority business enterprise in the performance of the contract; or
      4. (iv) pay the certified minority business enterprise solely for the use of its name in the bid or proposal.
   3. (3) A person who violates any provision of this subsection is guilty of a felony and on conviction is subject to a fine not exceeding $20,000 or imprisonment not exceeding 5 years or both.

2. (b)

   1. (1) A person may not make a false statement about whether an entity has certification.
   2. (2) A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $2,500 or imprisonment not exceeding 1 year or both.
3. (c) The Office of Small, Minority, and Women Business Affairs shall make available a fraud hotline for reporting violations of this section.

Added by Acts 1988, c. 48, § 2, eff. Oct. 1, 1988. Amended by Acts 1989, c. 423, § 2, eff. July 1, 1989; Acts 1995, c. 116, § 1, eff. June 30, 1995; Acts 2001, c. 339, § 1, eff. July 1, 2001; Acts 2009, c. 292, § 1, eff. Oct. 1, 2009; Acts 2009, c. 293, § 1, eff. Oct. 1, 2009; Acts 2015, c. 22, § 5; Acts 2017, c. 633, § 1, eff. June 1, 2017; Acts 2017, c. 634, § 1, eff. June 1, 2017; Acts 2026, c. 82, § 2, eff. June 1, 2026.