05 LC 14
8943
House
Bill 138
By:
Representatives Lunsford of the
110th,
May of the
111th,
Davis of the
109th,
and Holt of the
112th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 20 of Title 50 of the Official Code of Georgia Annotated, relating
to the
statés
relations with nonprofit contractors, so as to authorize the establishment of
one or more legislative Nonprofit Contractor Oversight Panels; to provide for
legislative intent; to provide for the membership, operation, and powers and
duties of such panels; to provide for the power to require attendance and the
provision of financial records by nonprofit contractors; to provide for the
effect of noncompliance; to provide for cooperation and assistance by the state
auditor and state agencies; to provide an effective date; 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
20 of Title 50 of the Official Code of Georgia Annotated, relating to the
statés
relations with nonprofit contractors, is amended by adding at its end a new Code
Section 50-20-9 to read as follows:
"50-20-9.
(a)
It is the purpose of this Code section to further the general purposes of this
chapter by providing legislative oversight of the
statés
relations with nonprofit contractors.
(b)
The Senate and the House of Representatives by concurrent action may establish
one or more joint Nonprofit Contractor Oversight Panels. If so established, each
Nonprofit Contractor Oversight Panel shall consist of three members of the
Senate and three members of the House, with a co-chair from each chamber. Any
such concurrent action and appointment of panel members shall be undertaken on
behalf of each chamber by the officer or committee which has the general
authority to appoint committee members for that chamber.
(c)
Members of the General Assembly serving on a panel shall receive expense
reimbursement for such service in the same manner as for service on committees,
if the panel meets on a day for which the member does not already receive
expense reimbursement.
(d)
Unless otherwise provided in the rules of the Senate or the House of
Representatives, service on a panel shall not constitute service on a committee
for purposes of any limitation on the number of committees on which a member may
serve.
(e)
Each panel shall have the authority to:
(1)
Require any nonprofit organization which receives or expends state funds to
appear before the panel through one or more organization
representatives;
(2)
Require any nonprofit organization which receives or expends state funds to
provide to the panel any financial records provided for in this chapter or any
other financial records of the organization related to the
organizatiońs
receipt or expenditure of state funds; and
(3)
Make recommendations to the General Assembly, state agencies, and the state
auditor with respect to the
statés
relations with any one or more nonprofit organizations.
(f)
If any nonprofit organization which receives or expends state funds refuses or
fails to comply with a
paneĺs
request for an appearance before the panel or production of financial records,
the panel shall notify the state auditor and the state auditor shall notify the
appropriate state organizations to cease all payments to the nonprofit
organization.
(g)
The state auditor and all state agencies shall cooperate with and provide
assistance to panels in the performance of their duties under this Code
section."
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.