10
LC 38 1083
House
Bill 1289
By:
Representatives Rogers of the
26th
and Collins of the
27th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 41 of Title 43 of the Official Code of Georgia Annotated, relating
to residential and general contractors, so as to provide for a misdemeanor for
the failure to pay for certain services; to provide for related matters; to
repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
41 of Title 43 of the Official Code of Georgia Annotated, relating to
residential and general contractors, is amended by adding a new Code section to
read as follows:
"43-41-10.1.
(a)
A contractor or general contractor commits fraud if he or she contracts with a
subcontractor or vendor for supplies or work done for an owner:
(1)
Such supplies or work were provided on condition of payment from the owner
contracting with the contractor or general contractor; and
(2)
Upon receiving payment from the owner for such work or supplies, the contractor
or general contractor fails to make payment within 45 days to the subcontractor
or vendor providing such services or supplies.
(b)
If a contractor or general contractor fails to make payment to a subcontractor
or vendor pursuant to subsection (a) of this Code section and the amount due is
less than $5000.00, such contractor or general contractor shall be guilty of a
misdemeanor and, upon conviction thereof, shall be required to make restitution
to the subcontractor or vendor owed. If a contractor or general contractor
fails to make payment to a subcontractor or vendor pursuant to subsection (a) of
this Code section and the amount due is more than $5000.00, such contractor or
general contractor shall be guilty of a felony and, upon conviction thereof,
shall be required to make restitution to the subcontractor or vendor owed and
may be punished by not more than 90 days in
prison."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.