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MS HB95
Bill
Status
2/5/2013
Primary Sponsor
Ken Morgan
Click for details
AI Summary
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Prohibits contractors, subcontractors, and their agents from knowingly failing to apply construction contract payments to settle claims for materials and labor.
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Establishes criminal penalties for misapplication of $1,000 or less: fines of $100-$500 and/or imprisonment of 90 days to 6 months.
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For misapplication exceeding $1,000, imposes fines of $100-$500 and/or 90 days to 6 months imprisonment per $1,000 misapplied, with aggregate imprisonment capped at 5 years.
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Requires violators to reimburse the court with misapplied funds plus legal costs and clerk fees, which are transferred to the affected party.
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Brings forward existing sections 31-5-25, 31-5-27, and 31-5-31 regarding contractor payment timelines, subcontractor disbursement requirements, and equipment creditor notification duties; effective July 1, 2013.
Legislative Description
Contractors; prohibit knowing misapplication of construction payments and prescribe penalties for violation.
Last Action
Died In Committee
2/5/2013