05 LC 34
0182
House
Bill 472
By:
Representatives Murphy of the
120th,
Watson of the
91st,
and Warren of the
122nd
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 organization of the executive branch of state government, so as to
change provisions relating to requirements for certain privatization contracts;
to change provisions for required notice; to require a competitive bidding or
proposal process for such contracts; to provide for the invalidity of contracts
entered into without compliance; to provide for emergency exceptions; to provide
for related matters; to provide an effective date and applicability; 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
organization of the executive branch of state government, is amended by striking
Code Section 50-4-5, relating to notice of privatization contracts, and Code
Section 50-4-6, relating to other requirements for privatization contracts, and
inserting in their place new Code sections to read as follows:
"50-4-5.
(a)
As used in this Code section, the term:
(1)
'Institution' means any physical facility operated by the executive branch of
state government which is used in the delivery of any governmental services and
which has an annual operating budget in excess of $1 million.
(2)
'Program' means any program operated by the executive branch of state government
at a cost in excess of $5 million per year.
(b)
Before any department, agency, authority, or other unit of the executive branch
enters into any contract to privatize the operation of any institution or
program, the department, agency, authority, or other unit shall give written
notice of the proposed privatization to the President of the Senate, the Speaker
of the House, and the appropriate legislative overview committee, if any. Such
notice shall be given at least 60 days prior to entering into the contract to
privatize the operation of the institution or program.
(c)
This Code section shall not apply with respect to any privatization effort begun
prior to July 1,
1997
2005,
or to the renewal of any contract or agreement for the privatization of an
institution or program.
(d)(1)
The provisions of this Code section shall be mandatory and binding with respect
to its subject matter. Any contract entered into in violation of this Code
section shall be void in its entirety. The only exceptions to this Code section
shall be the exception specified in subsection (c) and an emergency exception as
provided in this subsection.
(2)
The emergency exception specified in this subsection shall apply only if there
exists an imminent peril to person or property which can be avoided only through
noncompliance with this Code section; and in order for this exception to apply
the Governor must by executive order make a prior written finding to such
effect. Such executive order shall recite with particularity the specific facts
of such imminent peril, such as, for example:
(A)
A specific substantial likelihood that specific persons will suffer adverse
risks to their health or physical safety if the contract is not entered into
without compliance; or
(B)
A specific substantial likelihood that specific property of the state or
specific persons will be damaged or lost if the contract is not entered into
without compliance.
50-4-6.
(a)
As used in this Code section, the term 'institution' means any physical facility
operated by the executive branch of state government which is used in the
delivery of any governmental services and which has an annual operating budget
in excess of $1 million.
(b)
No contract between a state agency and a private provider or vendor for the
operation of all or part of an institution under the control of the agency shall
be entered into unless it is preceded by a feasibility study which makes the
following findings:
(1)
That the state employees who are employed in the operation of the institution
prior to the transfer of operation to the private provider or vendor will have a
reasonable opportunity to apply for continued employment either with the state
or with the private provider or vendor; or
(2)
That any state employees who are displaced or discharged from employment as a
result of the transfer of operation to the private provider or vendor will be
eligible for participation in an employment assistance program to be implemented
by the state and coordinated by the Department of Labor and which shall be
designed to assist such persons in securing other employment. The program shall
include such educational programs, vocational skills programs, apprenticeship
training programs, on-the-job training programs, job search and job development
programs, and other occupational training or retraining programs as are
determined by the Department of Labor to best promote the goals of employability
and employment of such persons.
(c)
No contract between a state agency and a private provider or vendor for the
operation of all or part of an institution under the control of the agency shall
be entered into unless it is publicly advertised and:
(1)
Competitively bid; or
(2)
Subject to a competitive request for proposals process.
(d)
The provisions of this Code section shall be mandatory and binding with respect
to its subject matter. Any contract entered into in violation of this Code
section shall be void in its entirety. The only exception to this Code section
shall be an emergency exception as provided in this subsection. The emergency
exception specified in this subsection shall apply only if there exists an
imminent peril to person or property which can be avoided only through
noncompliance with this Code section; and in order for this exception to apply
the Governor must by executive order make a prior written finding to such
effect. Such executive order shall recite with particularity the specific facts
of such imminent peril, such as, for example:
(1)
A specific substantial likelihood that specific persons will suffer adverse
risks to their health or physical safety if the contract is not entered into
without compliance; or
(2)
A specific substantial likelihood that specific property of the state or
specific persons will be damaged, destroyed, or lost if the contract is not
entered into without
compliance."
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval and shall apply with respect to contracts
entered into on or after that date.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.