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Official Code of Georgia Annotated

Title 50. STATE GOVERNMENT · Chapter 5. DEPARTMENT OF ADMINISTRATIVE SERVICES · Article 3. STATE PURCHASING · Part 4. [EFFECTIVE JANUARY 1, 2024] MINORITY, WOMEN, AND VETERAN OWNED BUSINESS ENTERPRISE DEVELOPMENT

50-5-133. Fraud in certification process; penalty; effect of multiple violations.

Active2 versions printed

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Effective January 1, 2024. See note.In force today: Effective January 1, 2024. See note.
  1. (a)

    It shall be unlawful for a person to:#

    1. (1)

      Knowingly and with intent to defraud, fraudulently obtain, retain, attempt to obtain or retain, or aid another in fraudulently obtaining or retaining or attempting to obtain or retain certification as a minority business enterprise, women owned business, or veteran owned business for the purposes of this part;#

    2. (2)

      Knowingly and willfully make a false statement with the intent to defraud, whether by affidavit, report, or other representation, to a state official or employee for the purpose of influencing the certification or denial of any certification of any entity as a minority business enterprise, women owned business, or veteran owned business;#

    3. (3)

      Knowingly and willfully obstruct, impede, or attempt to obstruct or impede any state official or employee who is investigating the qualifications of a business entity which has requested certification as a minority business enterprise, women owned business, or veteran owned business;#

    4. (4)

      Knowingly and willfully with intent to defraud, fraudulently obtain, attempt to obtain, or aid another person in fraudulently obtaining or attempting to obtain public moneys to which the person is not entitled under this part; or#

    5. (5)

      Knowingly and willfully assign any contract awarded pursuant to the Department of Administrative Services to any other business enterprise without prior written approval of the Department of Administrative Services.#

  2. (b)

    Any person convicted of violating any provision of this Code section shall be guilty of a felony, punishable by imprisonment for not more than five years or a fine of not more than $10,000.00 or both such imprisonment and fine.#

  3. (c)

    If a contractor, subcontractor, supplier, subsidiary, principal, or affiliate thereof has been found to have violated this Code section and that violation occurred within three years of another violation of this Code section, the Department of Administrative Services shall prohibit that contractor, subcontractor, supplier, subsidiary, or affiliate thereof from entering into a state project or state contract; from further bidding to a state entity; from being a subcontractor to a contractor for a state entity; and from being a supplier to a state entity.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 50-5-133, enacted by Ga. L. 1991, p. 1380, § 3; Ga. L. 2013, p. 141, § 50/HB 79; Ga. L. 2023, p. 43, § 4/HB 128, effective January 1, 2024.

Delayed effective date

Code Section 50-5-133 is set out twice in this Code. This version is effective January 1, 2024. For version effective until January 1, 2024, see the preceding version. The 2023 amendment, effective January 1, 2024, inserted “, women owned business, or veteran owned business” in paragraphs (a)(1), (a)(2), and (a)(3).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t49-t50-ch1-12-(v38)-2023-pdf.pdf, Volume V38, 2023 edition, pages 601 to 602; merge action: carried; file SHA-256 b1a50b0e3917.

Effective until January 1, 2024. See note.No longer in force as printed (Effective until January 1, 2024. See note.)
  1. (a)

    It shall be unlawful for a person to:#

    1. (1)

      Knowingly and with intent to defraud, fraudulently obtain, retain, attempt to obtain or retain, or aid another in fraudulently obtaining or retaining or attempting to obtain or retain certification as a minority business enterprise for the purposes of this part;#

    2. (2)

      Knowingly and willfully make a false statement with the intent to defraud, whether by affidavit, report, or other representation, to a state official or employee for the purpose of influencing the certification or denial of any certification of any entity as a minority business enterprise;#

    3. (3)

      Knowingly and willfully obstruct, impede, or attempt to obstruct or impede any state official or employee who is investigating the qualifications of a business entity which has requested certification as a minority business enterprise;#

    4. (4)

      Knowingly and willfully with intent to defraud, fraudulently obtain, attempt to obtain, or aid another person in fraudulently obtaining or attempting to obtain public moneys to which the person is not entitled under this part; or#

    5. (5)

      Knowingly and willfully assign any contract awarded pursuant to the Department of Administrative Services to any other business enterprise without prior written approval of the Department of Administrative Services.#

  2. (b)

    Any person convicted of violating any provision of this Code section shall be guilty of a felony, punishable by imprisonment for not more than five years or a fine of not more than $10,000.00 or both such imprisonment and fine.#

  3. (c)

    If a contractor, subcontractor, supplier, subsidiary, principal, or affiliate thereof has been found to have violated this Code section and that violation occurred within three years of another violation of this Code section, the Department of Administrative Services shall prohibit that contractor, subcontractor, supplier, subsidiary, or affiliate thereof from entering into a state project or state contract; from further bidding to a state entity; from being a subcontractor to a contractor for a state entity; and from being a supplier to a state entity.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 50-5-133, enacted by Ga. L. 1991, p. 1380, § 3; Ga. L. 2013, p. 141, § 50/HB 79.

Delayed effective date

Code Section 50-5-133 is set out twice in this Code. This version is effective until January 1, 2024. For version effective January 1, 2024, see the following version.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t49-t50-ch1-12-(v38)-2023-pdf.pdf, Volume V38, 2023 edition, pages 597 to 598; merge action: carried; file SHA-256 b1a50b0e3917.