LC 19 6698
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 50 of the Official Code of Georgia Annotated, relating to state
government, so as to prohibit the Office of Treasury and Fiscal Services from
making certain deposits in certain financial institutions unless the financial
institution has certified that it does not have any direct loans or knowledge of
any indirect loans to certain entities connected with the Republic of Sudan; to
define a certain term; to provide that a state agency may not procure certain
supplies that are produced or manufactured in the Republic of Sudan; to require
any bidder or offeror for any procurement over a certain amount to certify that
such bidder or offeror is not doing business with or in the Republic of Sudan;
to require the state to provide notice of certain requirements regarding doing
business with or in the Republic of Sudan; to authorize the Department of
Administrative Services to waive certain requirements under certain conditions,
to impose certain penalties; to provide that certain investment managers
selected by the Board of Trustees of the
Employeeś
Retirement System of Georgia may not invest certain funds in public obligations
of companies doing business with or in the Republic of Sudan; to provide for
related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
50 of the Official Code of Georgia Annotated, relating to state government, is
amended by adding at the end thereof a new Chapter 36 to read as
follows:
∀CHAPTER
36
50-36-1.
(a)
This chapter shall not apply to a loan that is outstanding on July 1,
2006.
(b)
The Office of Treasury and Fiscal Services shall not use a financial institution
as a depositary unless the financial institution certifies, in writing, that the
financial institution has no direct loans and no foreknowledge of any indirect
loans outstanding to a governmental unit or national corporation of the Republic
of Sudan.
(c)
If direct or indirect loans described in subsection (b) of this Code section are
made by a foreign or out-of-state financial institution without the
participation of a subsidiary or affiliated corporation, subsection (b) of this
Code section shall not apply to the subsidiary or affiliated
corporation.
50-36-2.
(a)
In this chapter, 'doing business with or in the Republic of Sudan'
means:
(1)
Having in the Republic of Sudan any operations or a majority owned subsidiary
that employs more than 20 employees;
(2)
Providing financial services to the government of the Republic of Sudan,
including providing direct loans, underwriting government securities, or
promoting the sale of gold coins from the Republic of Sudan; or
(3)
Providing any supplies or services to the government of the Republic of Sudan
except for supplies or services provided for an educational, medical,
charitable, or religious purpose.
(b)
In this chapter, 'doing business with or in the Republic of Sudan' shall not
include completing a limited consulting contract in existence on July 1, 2006,
in the Republic of Sudan if such contract was entered into as a result of the
company divesting itself of all business property and operations in the Republic
of Sudan.
50-36-3.
(a)
No agency of this state shall knowingly buy finished supplies that are produced
in the Republic of Sudan.
(b)
For a procurement solicited after July 1, 2006, and costing more than
$100,000.00, the bidder or offeror shall certify at the time the procurement
contract is awarded that the bidder or offeror is not doing business with or in
the Republic of Sudan or knowingly subcontracting with an entity that does
so.
(c)
In any solicitation, each state agency shall provide notice of the requirements
of this chapter.
(d)
The Department of Administrative Services may waive the requirements of
subsections (a) and (b) of this Code section, if the department finds
that:
(1)
The procurement is essential or in the best interest of the state;
and
(2)
There is no other known source for the procurement at a reasonable
cost.
(e)
A bidder or offeror shall not misrepresent any information contained in the
certification required under this chapter.
(f)
A bidder or offeror who willfully violates any provision of this chapter shall
be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a
fine not exceeding $1,000.00 or imprisonment not exceeding three
months.
50-36-4.
An
external investment manager selected by the Board of Trustees of the
Employeeś
Retirement System of Georgia as provided in Chapter 2 of Title 47 shall not
invest any funds allocated to the manager in any stock, security, or other
obligation of any company doing business with or in the Republic of
Sudan.∀
SECTION
2.
This
Act shall become effective on July 1, 2006.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.