Section 103-E. Conspiracies to prevent competitive bidding on public contracts  


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  • 1. A person or corporation who shall wilfully, knowingly and  with intent to defraud, make or enter into, or attempt to make or  enter
      into,  with  any  other  person  or  corporation, a contract, agreement,
      arrangement or combination to submit a fraudulent or collusive  bid,  or
      to  refrain  from  submitting a bona fide competitive bid, to any board,
      officer, agency, department, commission or other agency of the state  or
      of  a public corporation on a contract for public work or purchase which
      has been advertised for bidding, shall be guilty of a  misdemeanor,  and
      on  conviction thereof shall, if a natural person, be punished by a fine
      not exceeding five thousand dollars or by imprisonment  for  not  longer
      than  one  year,  or  by  both  such  fine  and  imprisonment,  and if a
      corporation  by  a  fine  not  exceeding  twenty  thousand  dollars.  An
      indictment  or  information  based  upon a violation of any provision of
      this section must be found within three years after its commission.
        2. For the purpose of this section a public corporation shall  mean  a
      county,  city, town, village, school district, a territorial division of
      the state established by  law  and  possessing  the  power  to  contract
      indebtedness  and  levy taxes or benefit assessments upon real estate or
      to require the levy of such taxes or assessments, whether  or  not  such
      territorial  division  is  expressly declared to be a body corporate and
      politic by the statute creating or  authorizing  the  creation  of  such
      territorial  division,  and  a  corporation  organized  to  construct or
      operate a public improvement wholly or  partly  within  the  state,  the
      profits  from  which  inure to the benefit of this or other states or to
      the people thereof.