TITLE 37
Public Property and Works

CHAPTER 37-2.5
Prohibition on Contracting With Iran

SECTION 37-2.5-5


§ 37-2.5-5 False certification; Penalties.

(a) If the treasurer determines, using credible information available to the public and after providing ninety (90) days written notice and an opportunity to comment in writing for the person or entity to demonstrate that it is not engaged in investment activities in Iran, that the person or entity has submitted a false certification pursuant to § 37-2.5-4, and the person or entity fails to demonstrate to the treasurer that the person or entity has ceased its engagement in the investment activities in Iran within ninety (90) days after the determination of a false certification, the following shall apply:

(1) Pursuant to an action under subsection (b) of this section, a civil penalty in an amount that is equal to the greater of one million dollars ($1,000,000) or twice the amount of the contract for which the false certification was made;

(2) Termination of an existing contract with the state as deemed appropriate by the state; and

(3) Ineligibility to bid on a contract for a period of three (3) years from the date of the determination that the person or entity submitted the false certification.

(b) The treasurer shall report to the attorney general the name of the person or entity that the state determines has submitted a false certification under § 37-2.5-4, together with its information as to the false certification, and the attorney general shall determine whether to bring a civil action against the person or entity to collect the penalty described in subdivision (a)(1). Only one civil action against the person or entity to collect the penalty described in subdivision (a)(1) may be brought for a false certification on a contract. A civil action to collect such penalty shall commence within three (3) years from the date the certification is made.

History of Section.
(P.L. 2013, ch. 173, § 2; P.L. 2013, ch. 225, § 2.)