Bill Text: GA HB863 | 2011-2012 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: State purchasing; purchases without competitive bidding; change certain provisions
Spectrum: Partisan Bill (Republican 7-0)
Status: (Passed) 2012-07-01 - Effective Date [HB863 Detail]
Download: Georgia-2011-HB863-Introduced.html
Bill Title: State purchasing; purchases without competitive bidding; change certain provisions
Spectrum: Partisan Bill (Republican 7-0)
Status: (Passed) 2012-07-01 - Effective Date [HB863 Detail]
Download: Georgia-2011-HB863-Introduced.html
12 LC
25 6002-EC
House
Bill 863
By:
Representatives Hatchett of the
143rd,
Hamilton of the
23rd,
Stephens of the
164th,
Roberts of the
154th,
Carter of the
175th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia
Annotated, relating to state purchasing, so as to change certain provisions
relating to purchases without competitive bidding, central bid registry,
procurement cards, rules and regulations, applicability to emergency purchases,
and the Purchasing Advisory Council; to change a short title; to change certain
provisions relating to definitions relative to small business assistance; to
repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating
to state purchasing, is amended by revising subsection (a) of Code Section
50-5-69, relating to purchases without competitive bidding, central bid
registry, procurement cards, rules and regulations, applicability to emergency
purchases, and the Purchasing Advisory Council, as follows:
"(a)
If the needed supplies, materials, equipment, or service can reasonably be
expected to be acquired for less than
$5,000.00
$25,000.00
and is not available on state contracts or through statutorily required sources,
the purchase may be effectuated without competitive bidding. The commissioner
of administrative services may by rule and regulation authorize the various
offices, agencies, departments, boards, bureaus, commissions, institutions,
authorities, or other entities of the state to make purchases in their own
behalf and may provide the circumstances and conditions under which such
purchases may be effected. In order to assist and advise the commissioner of
administrative services in making determinations to allow offices, agencies,
departments, boards, bureaus, commissions, institutions, authorities, or other
entities of the state to make purchases in their own behalf, there is created a
Purchasing Advisory Council consisting of the executive director of the Georgia
Technology Authority or his or her designee; the director of the Office of
Planning and Budget or his or her designee; the chancellor of the University
System of Georgia or his or her designee; the commissioner of
technical
and adult education
the Technical
College System of Georgia or his or her
designee; the commissioner of transportation or his or her designee; the
Secretary of State or his or her designee; the commissioner of human services or
his or her designee; the commissioner of community health or his or her
designee; the commissioner of public health or his or her designee; the
commissioner of behavioral health and developmental disabilities or his or her
designee; and one member to be appointed by the Governor. The commissioner of
administrative services shall promulgate the necessary rules and regulations
governing meetings of such council and the method and manner in which such
council will assist and advise the commissioner of administrative
services."
SECTION
2.
Said
article is further amended by revising Code Section 50-5-120, relating to a
short title, as follows:
"50-5-120.
This
part shall be known and may be cited as 'The Small Business Assistance Act of
1975
2012.'"
SECTION
3.
Said
article is further amended by revising Code Section 50-5-121, relating to
definitions relative to small business assistance, as follows:
"50-5-121.
For
the purposes of this part, the term:
(1)
'Department' means the Department of Administrative Services.
(2)
'Georgia resident business' means any business that regularly maintains a place
from which business is physically conducted in Georgia for at least one year
prior to any bid or proposal to the state or a new business that is domiciled in
Georgia and which regularly maintains a place from which business is physically
conducted in Georgia; provided, however, that a place from which business is
conducted shall not include a post office box, site trailer, or temporary
structure.
(2)(3)
'Small business' means a
Georgia
resident business which is independently
owned and operated. In addition, such business must have either fewer than
100
500
employees or less than
$1
million
$50
million in gross receipts per
year."
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.