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2018 Georgia Code 50-5-133 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 50-5-133 Case Law from Google Scholar Amendments to OCGA 50-5-133

TITLE 50 STATE GOVERNMENT

Section 5. Department of Administrative Services, 50-5-1 through 50-5-202.

ARTICLE 3 STATE PURCHASING

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

  1. It shall be unlawful for a person to:
    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. 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. 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. 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. 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. 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. 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.

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

The 2013 amendment, effective April 24, 2013, part of an Act to revise, modernize, and correct the Code, revised punctuation in paragraphs (a)(1) and (a)(4).

PART 5 S TATE USE COUNCIL

50-5-135. Creation; membership; terms; appointments; compensation; existence.

  1. There is created the State Use Council, hereafter referred to as the council. The council shall be composed of 16 members as follows:
    1. The commissioner of administrative services or his or her designee;
    2. The commissioner of human services or his or her designee;

      (2.1) The commissioner of behavioral health and developmental disabilities or his or her designee;

    3. The commissioner of community affairs or his or her designee;
    4. The commissioner of corrections or his or her designee;
    5. Five members appointed by the Governor who shall represent the business community of the state;
    6. Three members appointed by the Governor who shall represent a broad spectrum of persons with disabilities; and
    7. Three members appointed by the Governor who shall represent the interest of organizations representative of persons with disabilities.
  2. Initially, the 11 members appointed pursuant to paragraphs (5) through (7) in subsection (a) of this Code section shall serve staggered terms of office as follows: four members for two years, four members for three years, and three members for four years. Thereafter, each member shall serve for a term of four years. Such members shall serve until the appointment and qualification of their successors. The members appointed by the Governor shall be selected from the state at large but shall be representative of all of the geographic areas of the state.
  3. All successors shall be appointed in the same manner as original appointments.Vacancies in office shall be filled in the same manner as original appointments.An appointment to fill a vacancy shall be for the unexpired term.The council shall elect its own officers.No vacancy on the council shall impair the right of the quorum to exercise all rights and perform all duties of the council.
  4. The members of the council shall receive no compensation for their services but shall be entitled to and shall be reimbursed for their actual expenses, including travel and any other expenses incurred in the performance of their duties. Reimbursement for travel by a personal motor vehicle shall be made in the same manner and subject to the same limitations as provided for state employees under Code Section 50-19-7.
  5. The council shall have perpetual existence.Any change in name or composition of the council shall in no way affect the vested rights of any person under this part or impair the obligations of any contracts existing under this part.

(Code 1981, §50-5-135, enacted by Ga. L. 1993, p. 1736, § 2; Ga. L. 2009, p. 453, § 2-4/HB 228; Ga. L. 2010, p. 286, § 22/SB 244; Ga. L. 2013, p. 141, § 50/HB 79.)

The 2013 amendment, effective April 24, 2013, part of an Act to revise, modernize, and correct the Code, revised language in subsection (b).

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