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MS HB95

Bill

Status

Failed

2/5/2013

Primary Sponsor

Ken Morgan

Click for details

Origin

House of Representatives

2013 Regular Session

AI Summary

  • Prohibits contractors, subcontractors, and their agents from knowingly failing to apply construction contract payments to settle claims for materials and labor.

  • Establishes criminal penalties for misapplication of $1,000 or less: fines of $100-$500 and/or imprisonment of 90 days to 6 months.

  • 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.

  • Requires violators to reimburse the court with misapplied funds plus legal costs and clerk fees, which are transferred to the affected party.

  • 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

Committee Referrals

Judiciary A1/11/2013

Full Bill Text

No bill text available