06 LC 28
2535
House
Bill 1056
By:
Representatives Benton of the
31st,
England of the
108th,
and Lunsford of the
110th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating
to contracts for public works, so as to prohibit any department, agency, or
instrumentality of the state or any political subdivision of the state from
entering into a contract for the performance of services within the State of
Georgia unless the contract provides that only persons who are citizens or
nationals of the United States shall perform the services under the contract or
any subcontract thereunder; to provide for certain provisions to be included in
any such contracts; to prohibit retaliation against a party filing a complaint
for violation of these provisions; to provide for administrative complaints; to
provide for judicial review; to provide for related matters; to provide an
effective date; to provide for applicability; to repeal conflicting laws; and
for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
10 of Title 13 of the Official Code of Georgia Annotated, relating to contracts
for public works, is amended by adding a new article to read as
follows:
∀ARTICLE
3
13-10-90.
(a)
As used in this article, the term 'services' means any work performed by an
independent contractor wherein the service rendered does not consist primarily
of acquisition of equipment or materials or the rental of equipment, materials,
or supplies.
(b)
No department, agency, or instrumentality of the state or a political
subdivision of the state shall enter into a contract for the performance of
services within the State of Georgia unless the contract provides that only
persons who are citizens or nationals of the United States or noncitizens
authorized under federal immigration law to perform such services shall perform
the services under the contract or any subcontract thereunder.
(c)
Every contract for the performance of services defined in subsection (a) of this
Code section shall include the following provisions:
During
the performance of this contract, the contractor agrees to:
(1)
Post or make readily available to employees and applicants for employment and
state in all solicitations for employees or subcontractors placed by or on
behalf of the contractor a statement that only persons who are citizens or
nationals of the United States or noncitizens authorized under federal
immigration law to perform such service may perform the services under the
contract; and
(2)
Include the provisions contained in the foregoing paragraph in every subcontract
for services thereunder, so that the provisions will be binding upon each
subcontractor.
(d)(1)
No contractor that holds or has been awarded a contract to provide services
defined in subsection (a) of this Code section may retaliate against or take any
adverse action against any employee or any subcontractor thereunder for
reporting, or attempting to report, a violation of this Code section to the
contracting agency.
(2)
This Code section shall be enforced without regard to race, religion, gender,
ethnicity, or national origin.
(e)(1)
Any person aggrieved by a failure by any agency or by a contractor of such
agency to comply with a requirement of this Code section may file a written
administrative complaint with the agency. The agency shall issue a final
written administrative response to each complaint.
(2)
Any person described in paragraph (1) of this subsection who is aggrieved by a
final administrative action taken thereunder may, within 60 days after the date
of receipt of the final written agency response to such
persońs
complaint, seek relief from any superior court in Georgia having jurisdiction of
the matter to remedy the failure giving rise to his or her complaint, including
mandamus, injunctive relief, and attorney fees and
costs.∀
SECTION
2.
This
Act shall become effective on July 1, 2006, and shall be applicable to all
contracts executed on or after that date.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.