Bill Text: GA SB320 | 2011-2012 | Regular Session | Comm Sub
Bill Title: State Gov't; no state agency shall enter into a contract with private entity; provision of services; outside the geographical boundaries of the U.S.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2012-03-05 - Senate Read Second Time [SB320 Detail]
Download: Georgia-2011-SB320-Comm_Sub.html
12 LC 34
3421S
The
Senate Government Oversight Committee offered the following substitute to SB
320:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 4 of Title 50 of the Official Code of Georgia Annotated, relating
to general provisions relative to the organization of the executive branch, so
as to provide that no state agency shall enter into a contract with a private
entity for the provision of services if any such services will be performed
outside the geographical boundaries of the United States; to provide for a
certain contract provision; to provide for sanctions; to provide an exception;
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
4 of Title 50 of the Official Code of Georgia Annotated, relating to general
provisions relative to the organization of the executive branch, is amended by
adding a new Code section to read as follows:
"50-4-8.
No
contract between a state agency and a private provider or vendor for the
provision of all or part of any governmental services provided by the agency or
for the provision of any services to the agency shall be entered into if any
such services will be performed outside the boundaries of the United States
except for those limited circumstances where the nature of the service being
performed is unique to that location and cannot be performed within the
boundaries of the United States. If at any time during the performance of a
contract the private contracting party uses any services which are performed
outside the boundaries of the United States, such private contracting party
shall be liable to the state agency for damages in an amount equal to the
contract value of such services. Each such contract entered into on or after
July 1, 2012, shall contain a provision requiring compliance with the provisions
of this Code section and providing that a breach of such provision, at the
election of the agency, shall constitute a breach of the contract. In the event
an agency brings an action in any court to enforce such provisions, it shall be
entitled to a reasonable attorney's fee in addition to any other
damages."
SECTION
2.
Nothing
in this Act shall be construed to impair the contractual rights of any party to
a contract with the state where the contract was entered into prior to the
effective date of this Act.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.