05 SB158/CA/1
Senate
Bill 158
By:
Senators Whitehead, Sr. of the 24th, Chapman of the 3rd, Grant of the 25th,
Seabaugh of the 28th, Chance of the 16th and others
AS
PASSED SENATE
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 provide for the comprehensive revision of provisions
regarding state property; to provide for consolidation and effective management
of the rental of administrative space and the acquisition, use, and disposition
of real property by the state and state authorities; to repeal Article 2 of
Chapter 5 of Title 50 of the Official Code of Georgia Annotated, the "State
Space Management Act of 1976"; to provide for the transfer of powers, duties,
and responsibilities of the commissioner of administrative services and the
Department of Administrative Services regarding space management to the State
Properties Commission; to change certain provisions relating to projects,
composition, administrative assignment, powers, and duties of the Georgia
Building Authority; to repeal Article 6 of Chapter 9 of Title 50 of the Official
Code of Georgia Annotated, relating to inventory of state buildings; to change
certain provisions regarding the composition, powers, duties, authority, and
administrative assignment of the State Properties Commission; to provide for the
transfer to the State Properties Commission of certain assets, contracts,
leases, agreements, obligations, funds, and personnel of the commissioner of
administrative services and the Department of Administrative Services; to
provide for a state property officer and the powers, duties, and authority of
such officer; to provide for powers, duties, and authority of the State
Properties Commission with respect to inventory and management of administrative
space; to provide for duties and responsibilities of state entities with respect
to information compilation regarding state facilities; to amend Title 34 of the
Official Code of Georgia Annotated, relating to labor and industrial relations,
so as to repeal certain provisions regarding the lease of property; to amend
Code Section 50-16-43 of the Official Code of Georgia Annotated, relating to
leasing of state owned lands, so as to change a cross-reference; to provide for
related matters; to provide an effective date; 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 striking Article 2 of Chapter 5, the "State Space Management Act of
1976," and inserting in its place a new Article 2 to read as
follows:
"ARTICLE
2
50-5-30.
This
article shall be known and may be cited as the 'State Space Management Act of
1976.'
Reserved.
50-5-31.
As
used in this article, the term:
(1)
'Administrative space' means any space, whether existing or to be constructed,
that is required by a state agency for office, storage, or special purposes. In
order to be required, the space must be necessary for and utilized in either (A)
the performance of the duties that the state agency is obligated by law to
perform or (B) the delivery of the services that the state agency is authorized
or required by law to provide. Administrative space does not include the space
within or on the following properties; provided, however, such space was not
acquired and will not be acquired by a rental agreement or arrangement the
initial term of which is for a period of five years or less:
(A)
The state capitol. The space utilization of the state capitol shall be as
provided by law;
(B)
The executive center (Governor´s mansion). The space utilization of the
executive center (Governor´s mansion) shall be as provided by
law;
(C)
Space utilized by the legislative and judicial branches of the state government.
The utilization of space by those branches of the state government shall be as
provided by law;
(D)
Space in buildings located on and used in direct support of any institution of
higher education under the custody, management, control, or supervision
(hereinafter for convenience in this article referred to as jurisdiction) of the
Board of Regents of the University System of Georgia;
(E)
Space in buildings located on and used in direct support of any game preserve,
wildlife refuge, or fish hatchery under the jurisdiction of the Department of
Natural Resources;
(F)
Space in buildings located on and used in direct support of any part of the
system of state parks and historic sites under the jurisdiction of the
Department of Natural Resources;
(G)
Space in buildings used in direct support of the construction and maintenance of
the state highway system, i.e., maintenance barns, equipment sheds, and district
offices, under the jurisdiction of the Department of
Transportation;
(H)
Space in buildings located on and used in direct support of any penal
institution under the jurisdiction of the Department of
Corrections;
(I)
Space in buildings located on and used in direct support of any state patrol
post under the jurisdiction of the Department of Public Safety;
(J)
Space in buildings located on and used in direct support of any farmer´s
market under the jurisdiction of the Department of Agriculture;
(K)
Space in buildings located on and used in direct support of any hospital,
rehabilitation center, school for persons with disabilities, or other mental or
physical health care institution under the jurisdiction of the Department of
Human Resources;
(L)
Space in buildings located on and used in direct support of any forestry unit
under the jurisdiction of the State Forestry Commission;
(M)
Space in buildings located on and used in direct support of vocational education
schools, schools for the deaf, or the educational television network under the
jurisdiction of the State Board of Education;
(N)
Space in buildings located on and used in direct support of any welcome center
or rest station under the jurisdiction of the Tourist Division of the Department
of Economic Development;
(O)
Space in buildings located on and used in direct support of armories or other
military installations under the jurisdiction of the Department of Defense;
or
(P)
Any real properties under the jurisdiction of the State Properties
Commission.
(2)
'Commissioner' means the commissioner of administrative services.
(3)
'Department' means the Department of Administrative Services.
(4)
'State agency' means any department, division, board, bureau, commission, or
other agency within the state government, by whatever name
designated.
50-5-32.
(a)
The department is given the authority and charged with the duty of managing the
utilization of administrative space by all state agencies in a manner that is
the most cost efficient and operationally effective and which provides
decentralization of state government. Such management shall include the
authority to assign and reassign administrative space to state agencies based on
the needs of the agencies as determined by standards for administrative space
utilization promulgated by the commissioner pursuant to Code Section 50-5-33 and
shall include the obligation to advise the Office of Planning and Budget and
state agencies and departments of cost-effective, decentralized
alternatives.
(b)
The management of the utilization of administrative space by the department
shall include entering into any necessary agreements to rent or lease
administrative space, whether existing or to be constructed and shall include
administrative space rented or leased by a state agency from the Georgia
Building Authority or from any other public or private person, firm, or
corporation. When it becomes necessary to rent or lease administrative space,
the space shall be rented or leased by the department and assigned to the state
agency or agencies requiring the space.
(c)
If the department reassigns all or any portion of any administrative space which
is leased or rented by one state agency to another state agency, the state
agency to which the administrative space is reassigned shall pay to the
department rental charges, as determined by the department, for the utilization
of the space; and the department shall, in turn, use the rental charges so paid
for the purpose of paying or partially paying, as the case may be, the rent or
lease payments due the lessor of the administrative space in accordance with the
terms of the lease or rent contract existing at the time of the reassignment of
the administrative space. Any such payments to a lessor by the department shall
be on behalf of the state agency which is the lessee of the administrative space
reassigned as provided herein.
(d)
The management of the utilization of administrative space given to the
department by this article shall not be construed to impair the obligation of
any contract executed before July 1, 1976, between any state agency and the
Georgia Building Authority or between any state agency and any other public or
private person, firm, or corporation; and the powers given to the department by
this article shall not be implemented or carried out in such a manner as to
impair the obligation of any such contract.
50-5-33.
(a)
The commissioner is authorized and directed to develop and promulgate standards
governing the utilization of administrative space by all state agencies which
require emphasis on cost effectiveness and decentralization. The standards shall
be uniformly applied to all state agencies except as otherwise provided by
subsection (b) of this Code section; but the standards shall recognize and
provide for different types of administrative space required by the various
state agencies and the different types of administrative space that may be
required by a single state agency.
(b)
The department shall be authorized to reassign administrative space to the
various state agencies in order to bring the utilization of administrative space
into conformity with the standards promulgated under subsection (a) of this Code
section. Any additional administrative space required by a state agency shall be
approved by and obtained through the department. The commissioner shall be
authorized to grant exceptions to the standards governing the utilization of
administrative space when the reassignment of such space would involve
unnecessary expenses or the disruption of services being provided by a state
agency. The commissioner shall adopt and promulgate rules and regulations
governing the granting of such exceptions, and the rules and regulations shall
be uniformly applied by the commissioner to all state agencies requesting an
exception to the standards.
50-5-34.
Any
state agency requiring any administrative space shall apply therefor to the
department on forms prescribed by the department for such purpose; and the
department shall assign the space to the agency in conformity with the standards
governing the utilization of administrative space promulgated pursuant to Code
Section 50-5-33 and requirement of cost effectiveness and
decentralization.
50-5-35.
For
purposes of cost effectiveness and decentralization, the following factors,
among other factors, shall be considered:
(1)
Dual location of programs within a city should be considered in order to take
advantage of possible economies of scale and as a matter of convenience to the
general public; or
(2)
When all factors are reasonably equivalent, preferences will be given to
location of state government programs and facilities in those counties which are
determined by the Department of Community Affairs to be the most economically
depressed, such term shall mean those 80 counties of the state designated as
'less developed' under the Job Tax Credit Program.
50-5-36.
The
commissioner is authorized and directed to promulgate rules and regulations
governing budgetary requirements for administrative space utilized by state
agencies whereby the agencies shall be accountable in the budgetary process for
administrative space assigned to and utilized by them. The budgetary
requirements may provide for the payment of rent to the department by state
agencies or may otherwise provide procedures for the assessment of rent charges
for administrative space utilized by state agencies or any combination of the
foregoing.
50-5-37.
In
addition to the standards and rules and regulations specifically provided for by
this article, the commissioner is authorized to adopt such other rules and
regulations as may be required to carry out this article efficiently and
effectively.
50-5-38.
The
commissioner shall be authorized to employ such personnel as may be necessary to
carry out this article effectively.
50-5-39.
This
article shall be liberally construed so as to effectuate the purposes and the
intent of the General
Assembly."
SECTION
2.
Said
title is further amended by striking paragraph (4) of Code Section 50-9-2,
relating to definitions with respect to the Georgia Building Authority, and
inserting in its place a new paragraph (4) to read as follows:
"(4)
'Project' means and includes one or a combination of two or more of the
following: buildings and facilities intended for use as offices and related uses
and all structures, including electric, gas, steam, and water utilities and
facilities of every kind and character deemed by the authority necessary or
convenient for the efficient operation of any department, board, commission, or
agency of the state. Without limiting the foregoing and without further
determination of necessity or convenience, the word 'project' also means and
includes
child care
and child development centers; public
parks and public parking facilities adjacent to the state capitol other than the
facilities within or connected to state owned or state leased buildings; a
parking facility on the 'Old Incinerator' site acquired in 1983 by the State of
Georgia from the City of Atlanta in Fulton County, Georgia; an executive mansion
and buildings, structures, and facilities of every kind and character for use in
conjunction with the mansion regardless of whether the buildings, structures,
and facilities are physically connected with such mansion;
and
a Department of Transportation laboratory and buildings, structures, and
facilities of every kind and character for use in conjunction with the
laboratory, regardless of whether the buildings, structures, and facilities are
physically connected with the laboratory, provided that the buildings,
structures, and facilities are built and constructed on property owned by the
Department of Transportation at Forest Park,
Georgia."
SECTION
3.
Said
title is further amended by striking Code Section 50-9-3, relating to the
creation of the Georgia Building Authority, and inserting in its place a new
Code Section 50-9-3 to read as follows:
"50-9-3.
There
is created a body corporate and politic to be known as the Georgia Building
Authority which shall be deemed to be an instrumentality of the state and a
public corporation, and by that name, style, and title the body may contract and
be contracted with, implead and be impleaded, and bring and defend actions in
all courts. The authority shall consist of the
Governor,
the state auditor, Lieutenant Governor, Commissioner of Agriculture, and an
appointee of the Governor who is not the Attorney
General
the same
persons who comprise the State Properties Commission. Each member shall serve
under the same terms and conditions as provided for in Code Section 50-16-32.
The state property officer appointed by the Governor pursuant to Code Section
50-16-35 shall serve as executive director of the
authority.
The
authority shall elect one of its members as chairman and a secretary and
treasurer who need not necessarily be a member of the authority. Three members
of the authority shall constitute a quorum. No vacancy on this authority shall
impair the right of the quorum to exercise all the rights and perform all the
duties of the authority. The members of the authority shall not be entitled to
compensation for their services but shall be entitled to and shall be reimbursed
for their actual expenses necessarily incurred in the performance of their
duties. The authority shall make rules and
regulations for its own government. It shall have perpetual existence. Any
change in name or composition of the authority shall in no way affect the vested
rights of any person under this article and Article 2 of this chapter nor impair
the obligations of any contracts existing under this article and Article 2 of
this
chapter."
SECTION
4.
Said
title is further amended by striking Code Section 50-9-4, relating to the
assignment of the Georgia Building Authority for administrative purposes, and
inserting in its place a new Code Section 50-9-4 to read as
follows:
"50-9-4.
The
authority is assigned to the
Department
of Administrative Services
State
Properties Commission for administrative
purposes only as prescribed in Code Section
50-4-3."
SECTION
5.
Said
title is further amended by striking Code Section 50-9-5, relating to the
general powers of the Georgia Building Authority, and inserting in its place a
new Code Section 50-9-5 to read as follows:
"50-9-5.
The
authority shall have the powers:
(1)
To have a seal and alter the same at pleasure;
(2)
To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of
real and personal property of every kind and character for its corporate
purposes;
(3)
To acquire in its own name by purchase, on such terms and conditions and in such
manner as it may deem proper, or by condemnation, in accordance with any and all
laws applicable to the condemnation of property for public use, real property or
rights of easements therein or franchises necessary or convenient for its
corporate purposes and to use the same so long as its corporate existence shall
continue and to lease or make contracts with respect to the use of or disposal
of the same in any manner it deems to the best advantage of the authority, the
authority being under no obligation to accept and pay for any property condemned
under this chapter except from the funds provided under the authority of this
chapter; and in any proceedings to condemn, such orders may be made by the court
having jurisdiction of the action or proceeding as may be just to the authority
and to the owners of the property to be condemned. No property shall be acquired
under this chapter upon which any lien or other encumbrance exists unless at the
time such property is so acquired a sufficient sum of money is deposited in
trust to pay and redeem the fair value of the lien or encumbrance; and if the
authority shall deem it expedient to construct any project on lands which are a
part of the real estate holdings of the state, the Governor is authorized to
execute for and on behalf of the state a lease of the lands to the authority for
such parcel or parcels as shall be needed for a period not to exceed 50 years.
If the authority shall deem it expedient to construct any project on any other
lands the title to which shall then be in the state, the Governor is authorized
to convey, for and in behalf of the state, title to such lands to the
authority;
(4)
To appoint and select officers, agents, and employees, including engineering,
architectural, and construction experts, fiscal agents, and attorneys, and fix
their compensation and to serve as financial adviser and agent to other state
authorities;
(5)
To make contracts and leases and to execute all instruments necessary or
convenient, including contracts for construction of projects and leases of
projects or contracts with respect to the use of projects which it causes to be
erected or acquired; and any and all political subdivisions, departments,
institutions, or agencies of the state are authorized to enter into contracts,
leases, or agreements with the authority upon such terms and for such purposes
as they deem advisable. Without limiting the generality of the above, authority
is specifically granted to any department, board, commission, agency, or
appellate court of the state to enter into contracts and lease agreements for
the use or concerning the use of any structure, building, or facilities or a
combination of any two or more structures, buildings, or facilities of the
authority for a term not exceeding 50 years; and any department, board,
commission, or agency of the state may obligate itself to pay an agreed sum for
the use of the property so leased and also to obligate itself as part of the
lease contract to pay the cost of maintaining, repairing, and operating the
property leased from the authority;
(6)
To construct, erect, acquire, own, repair, remodel, maintain, add to, extend,
improve, equip, operate, and manage projects, as defined in Code Section 50-9-2,
to be located on property owned by or leased by the authority, the cost of any
such project to be paid in whole or in part from the proceeds of revenue bonds
of the authority or from such proceeds and any grant from the United States or
any agency or instrumentality thereof;
(7)
To accept loans or grants of money or materials or property of any kind from the
United States or any agency or instrumentality thereof upon such terms and
conditions as the United States or the agency or instrumentality may
impose;
(8)
To borrow money for any of its corporate purposes and to issue negotiable
revenue bonds payable solely from funds pledged for that purpose and to provide
for the payment of the same and for the rights of the holders
thereof;
(9)
To operate and cause to be operated railroad excursions between and in the
vicinity of stated places of public interest, provided that a right of use has
been obtained by the authority before private property is used in such purpose;
to make contracts with all public and private individuals and entities for the
purpose thereof; to purchase, rent, lease, sell, and otherwise acquire and
dispose of personal property and real property for such purposes; to apply for
licenses, permissions, regulatory approvals, and the like; and to do all other
things necessary or convenient to carry out such power;
(9.1)
To operate and cause to be operated one or more child care or child development
centers; to make contracts with public and private individuals and entities for
the operation of such center or centers; to purchase, rent, lease, sell, or
otherwise acquire and dispose of personal and real property for the operation of
such center or centers; and to apply for and obtain all such licenses,
permissions, regulatory approvals, and similar matters for the operation of such
center or centers;
(10)(9)
To exercise any power usually possessed by private corporations performing
similar functions, which is not in conflict with the Constitution and laws of
this state; and
(11)(10)
To do all things necessary or convenient to carry out the powers expressly given
in this
chapter."
SECTION
6.
Said
title is further amended by repealing in its entirety Article 6 of Chapter 9,
relating to the inventory of state buildings which reads as
follows:
"ARTICLE
6
50-9-110.
As
used in this article, the term:
(1)
'Authority' means the Georgia Building Authority.
(2)
'State' means the State of Georgia and any of its offices, agencies,
authorities, departments, commissions, boards, divisions, instrumentalities, and
institutions but does not include counties, municipalities, school districts,
other units of local government, hospital authorities, or housing and other
local authorities.
(3)
'State building' means a building owned by the state or under the custody or
control of the state or insured by the program of self-insurance established
under Code Sections 50-16-8 through 50-16-11.
(4)
'State entity' means either of the entities listed in paragraph (2) of this
subsection.
50-9-111.
(a)
Beginning July 1, 1999, each state entity shall compile information on all state
buildings under the custody or control of such state entity necessary for the
compilation of an inventory of all state owned or leased buildings; provided,
however, that all improvements acquired for public works that will ultimately be
disposed of are excluded from the requirements of this article. On or before
October 1, 1999, and as changes occur, but by no later than such date annually,
each state entity shall send such information to the authority. The authority
shall compile the information in an electronic format and produce a report to
the chairperson of the State Institutions and Property Committee of the Georgia
House of Representatives and to the chairperson of the Finance and Public
Utilities Committee of the Georgia Senate.
(b)
The inventory shall be accomplished by the completion of a form for each state
building under the custody or control of such state entity. The form shall be
designed and promulgated by the authority.
(c)
The inventory required by subsection (a) of this Code section shall include, as
a minimum, the following:
(1)
The name of the building or another description identifying the
building;
(2)
The location of the building;
(3)
The name of the building manager or, in the case of a state building which is
leased to a tenant who is responsible for the operation of the building, the
tenant or the tenant´s building manager;
(4)
The square footage of the building;
(5)
Information as to whether such building is currently in use by the state entity
or is being leased to a private tenant by such state entity;
(6)
The nature of the use of the building at the time inventory is
made;
(7)
Estimation of the building´s fair market value or replacement value at the
time inventory is made, and if the building is leased to a private tenant who is
responsible for the operation of the building, an estimation of the fair market
value of the building at the time the lease agreement was executed;
(8)
Information on major building components, such as electrical, mechanical,
structural, roof, elevators, escalators, underground storage tanks, emergency
generators, boilers, and life safety systems, and their estimated expected
life;
(9)
Information on the age of the building and its historic significance, if
any;
(10)
Information on the accessibility of the building and grounds;
(11)
Information on energy consumption and utility connections and usage;
and
(12)
Other information required by the authority, the chairperson of the State
Institutions and Property Committee of the Georgia House of Representatives, or
the chairperson of the Finance and Public Utilities Committee of the Georgia
Senate."
SECTION
7.
Said
title is further amended by adding a new paragraph immediately following
paragraph (1) of Code Section 50-16-31, relating to the definitions regarding
the State Properties Code, to be designated paragraph (1.1), to read as
follows:
"(1.1)
'Administrative space' means any space, whether existing or to be constructed,
that is required by a state entity for office, storage, or special purposes. In
order to be required, the space must be necessary for and utilized in
either:
(A)
The performance of the duties that the state entity is obligated by law to
perform; or
(B)
The delivery of the services that the state entity is authorized or required by
law to
provide."
SECTION
8.
Said
title is further amended by adding a new paragraph immediately following
paragraph (3) of Code Section 50-16-31, relating to the definitions regarding
the State Properties Code, to be designated paragraph (3.1), to read as
follows:
"(3.1)
'Entities' or 'entity' means any and all constitutional offices, as well as all
authorities, departments, divisions, boards, bureaus, commissions, agencies,
instrumentalities, or institutions of the
state."
SECTION
9.
Said
title is further amended by striking Code Section 50-16-32, relating to
creation, membership, and organization of the State Properties Commission, and
inserting in its place a new Code Section 50-16-32, to read as
follows:
"50-16-32.
(a)
There is created within the executive branch of state government a public body
which shall be known as the State Properties Commission and which shall consist
of
ten
seven
members and be composed of the Governor; the Secretary of State;
the state
accounting officer; one citizen appointed by the Governor for terms ending on
April 1 in each odd-numbered year; the
director of the Office of Treasury and Fiscal Services;
the state
auditor; three citizens
one
citizen appointed by the Speaker of the
House of Representatives for terms ending on April 1 in each odd-numbered year;
and three
citizens
one
citizen appointed by the Lieutenant
Governor for terms ending on April 1 in each odd-numbered year. The term of
office of the appointed members of the commission is continued until their
successors are duly appointed and qualified. The Lieutenant Governor may serve
as an appointed citizen member.
(b)
The Governor shall be the chairperson of the commission, the
state
auditor
state
accounting officer shall be its vice
chairperson, and the Secretary of State shall be its secretary.
Six
Four
members of the commission shall constitute a quorum. No vacancy on the
commission shall impair the right of the quorum to exercise the powers and
perform the duties of the commission. With the sole exception of acquisitions of
real property, which acquisitions shall require
six
four
affirmative votes of the membership of the commission present and voting at any
meeting, the business, powers, and duties of the commission may be transacted,
exercised, and performed by a majority vote of the commission members present
and voting at a meeting when more than a quorum is present and voting or by a
majority vote of a quorum when only a quorum is present and voting at a meeting.
An abstention in voting shall be considered as that member not being present and
not voting in the matter on which the vote is taken. No person may be appointed,
elected, or serve on the commission who is a member of the legislative or
judicial branch of government. In the event any ex officio member is determined
to be in either the legislative or judicial branch of government, the General
Assembly declares that it would have passed this article without such ex officio
position on the commission and would have reduced the quorum and vote required
of the commission on all actions accordingly.
(c)
Meetings shall be held on the call of the
chairman
chairperson,
vice-chairman
vice
chairperson, or two commission members
whenever necessary to the performance of the duties of the commission. Minutes
or transcripts shall be kept of all meetings of the commission and in the
minutes or transcripts there shall be kept a record of the vote of each
commission member on all questions, acquisitions, transactions, and all other
matters coming before the commission. The secretary shall give or cause to be
given to each commission member, not less than three days prior to the meeting,
written notice of the date, time, and place of each meeting of the
commission.
(d)
The commission shall adopt a seal for its use and may adopt bylaws for its
internal government and procedures.
(e)
Members of the commission who are also state officials shall receive only their
traveling and other actual expenses incurred in the performance of their
official duties as commission members. Citizen members shall receive the same
expense allowance per day as that received by a member of the General Assembly
for each day any such member of the commission is in attendance at a meeting or
carrying out official duties of the commission inside or outside the state, plus
reimbursement for actual transportation costs while traveling by public carrier
or the legal mileage rate for the use of a personal automobile inside or outside
the state while attending meetings or carrying out their official duties as
members of the commission.
(f)
The commission shall receive all assets of and the commission shall be
responsible for any contracts, leases, agreements, or other obligations of the
Department of Administrative Services under the former provisions of Article 2
of Chapter 5 of this title, the 'State Space Management Act of 1976.' The
commission is substituted as a party to any such contract, agreement, lease, or
other obligation and the same responsibilities respecting such matters as if it
had been the original party and is entitled to all prerogatives, benefits, and
rights of enforcement by the commissioner of administrative services and
Department of Administrative Services. Appropriations and other funds of the
Department of Administrative Services encumbered, required, or held for
functions transferred to the commission shall be transferred to the commission
as provided for in Code Section 45-12-90, relating to disposition of
appropriations for duties, purposes, and objects which have been transferred.
Personnel, equipment, and facilities previously employed by the Department of
Administrative Services for such transferred functions shall likewise be
transferred to the commission. Upon the effective date of this Code section,
all personnel positions authorized by the Department of Administrative Services
in fiscal year 2006 for such functions shall be transferred to the commission,
and all employees of the department whose positions are transferred by the
Department of Administrative Services to the commission shall become employees
of the commission in the unclassified service as defined by Code Section
45-20-6."
SECTION
10.
Said
title is further amended by striking Code Section 50-16-33, relating to
assignment of the State Properties Commission to the Department of
Administrative Services, and inserting in its place a new Code Section 50-16-33
to read as follows:
"50-16-33.
The
State Properties Commission is assigned to the Department of Administrative
Services for administrative purposes only as prescribed in Code Section
50-4-3
Reserved."
SECTION
11.
Said
title is further amended the striking paragraph (17) of Code Section 50-16-34,
relating to the providing or performing of acquisition related services to or
for state agencies, state authorities, and other instrumentalities of the state,
and inserting in its place a new paragraph (17) of Code Section 50-16-34 to read
as follows:
"(17)
Provide or perform acquisition related services to or for
state
agencies, state authorities, and other instrumentalities of the
state
all state
entities."
SECTION
12.
Said
title is further amended by striking subsection (a) of Code Section 50-16-35,
relating to the employment of personnel by the State Properties Commission and
the authority and duties of the executive director, and inserting in its place a
new subsection (a) to read as follows:
"(a)(1)
The Governor shall appoint a state property officer who shall serve as the
executive director of the commission. The state property officer
shall:
(A)
Advise the Governor on opportunities to achieve the goal of state-wide real
property management;
(B)
Develop policies and procedures for state-wide real property
management;
(C)
Maintain a state-wide real property management system that has consolidated real
property, building, and lease information for state entities;
(D)
Develop and maintain a centralized repository of comprehensive space needs for
all state entities including up-to-date space and resource utilization,
anticipated needs, and recommended options;
(E)
With the advice and counsel of state entities, board members, and industry
groups, provide state-wide policy leadership, recommending legislative, policy,
and other similar changes and coordinating master planning to guide and organize
capital asset management;
(F)
As needed, secure portfolio management expertise to accomplish the desired
policy outcomes;
(G)
Seek the cooperation of all state entities to increase the effectiveness of the
portfolio management approach; and
(H)
Provide assistance to all entities in achieving space and real property
reporting requirements, in accordance with state law, in the acquisition and
disposition of real property and leases, and in evaluating compliance and
operational practices.
(2)
The commission is authorized to employ
an
executive director and such other
employees, on either a full-time or part-time basis, as may be necessary to
discharge the duties of the commission. The executive director shall supervise
and conduct the activities of the commission under the commission´s
direction. Unless the commission or
chairman
chairperson
otherwise directs, the executive director may execute and attest on behalf of
the commission any instrument in furtherance of an activity authorized by the
commission. Unless the commission,
chairman
chairperson,
or secretary otherwise instructs, the executive director may report the minutes
of the commission, keep and affix its seal, attest its instruments, and keep and
certify its
records."
SECTION
13.
Said
title is further amended by striking Code Section 50-16-38, relating to the
acquisition by all state agencies of real property through the State Properties
Commission, the procedure for handling acquisition requests, and funds for
acquisitions, and inserting in its place a new Code Section 50-16-38, to read as
follows:
"50-16-38.
(a)
Except for all acquisitions of real property by the Department of Transportation
and the Board of Regents of the University System of Georgia, and except for the
Department of Natural Resources acquiring by gift parcels of real property, not
exceeding three acres each, to be used for the construction and operation
thereon of boat-launching ramps, and except for acquisitions of real property by
the Department of Technical and Adult Education in connection with student live
work projects funded through moneys generated as a result of the sale of such
projects, donations, or student supply fees, and except for acquisitions of real
property by the commission resulting from transfers of custody and control of
real property to the commission by executive order of the Governor or by Act or
resolution of the General Assembly,
and except as
otherwise provided by law, and except as otherwise required by the nature of the
transaction conveying real property to the state or any entity
thereof:
(1)
All
all
state
agencies
entities
shall acquire real property through the
commission;
and
(2)
The title to all real property acquired shall be in the name of the state; but
the conveyance shall have written or printed in the upper right-hand corner of
the initial page thereof the name of the state entity for which acquired who is
the custodian thereof.
(b)
The commission is authorized to establish, and amend when the commission deems
it necessary, a procedure to facilitate the handling by the commission of
requests for acquisition of real property.
(c)
The state
agency
entity
requesting acquisition of real property shall provide all of the funds necessary
to acquire the real
property."
SECTION
14.
Said
title is further amended by striking Code Section 50-16-41, relating to rental
agreements without competitive bidding authorized and limitations, and inserting
in its place a new Code Section 50-16-41, to read as follows:
"50-16-41.
(a)
Notwithstanding any provisions and requirements of law to the contrary and
particularly notwithstanding the requirements of Code Section 50-16-39, the
commission is authorized to negotiate, prepare, and enter into in its own name
rental agreements whereby a part of the property is rented, without public
competitive bidding, to a person for a length of time not to exceed one year and
for adequate monetary consideration (in no instance to be less than a rate of
$250.00 per year), which shall be determined by the commission, and pursuant to
such terms and conditions as the commission shall determine to be in the best
interest of the state. The same property or any part thereof shall not be the
subject matter of more than one such rental agreement to the same person unless
the commission shall determine that there are extenuating circumstances present
which would make additional one-year rental agreements beneficial to the state;
provided, however, the same property or any part thereof shall not after April
24, 1975, be the subject matter of more than a total of three such one-year
rental agreements to the same person.
(b)
The commission is given the authority and charged with the duty of managing the
utilization of administrative space by all state entities in a manner that is
the most cost efficient and operationally effective and which provides
decentralization of state government. Such management shall include the
authority to assign and reassign administrative space to state entities based on
the needs of the entities as determined by standards for administrative space
utilization promulgated by the commission pursuant to subsection (g) of this
Code section and shall include the obligation to advise the Office of Planning
and Budget and state entities of cost-effective, decentralized
alternatives.
(c)
The management of the utilization of administrative space by the commission
shall include entering into any necessary agreements to rent or lease
administrative space, whether existing or to be constructed, and shall include
administrative space rented or leased by a state entity from the Georgia
Building Authority or from any other public or private person, firm, or
corporation. When it becomes necessary to rent or lease administrative space,
the space shall be rented or leased by the commission and assigned to the state
entity or entities requiring the space.
(d)
If the commission reassigns all or any portion of any administrative space which
is leased or rented by one state entity to another state entity, the state
entity to which the administrative space is reassigned shall pay to the
commission rental charges, as determined by the commission, for the utilization
of the space; and the commission shall, in turn, use the rental charges so paid
for the purpose of paying or partially paying, as the case may be, the rent or
lease payments due the lessor of the administrative space in accordance with the
terms of the lease or rent contract existing at the time of the reassignment of
the administrative space. Any such payments to a lessor by the commission shall
be on behalf of the state entity which is the lessee of the administrative space
reassigned as provided in this Code section.
(e)
The management of the utilization of administrative space given to the
commission by this Code section shall not be construed to impair the obligation
of any contract executed before July 1, 1976, between any state entity and the
Georgia Building Authority or between any state entity and any other public or
private person, firm, or corporation; and the powers given to the commission by
this Code section shall not be implemented or carried out in such a manner as to
impair the obligation of any such contract.
(f)
The commission is authorized and directed to develop and promulgate standards
governing the utilization of administrative space by all state entities which
require emphasis on cost effectiveness and decentralization. The standards
shall be uniformly applied to all state entities except as otherwise provided by
subsection (g) of this Code section, but the standards shall recognize and
provide for different types of administrative space required by the various
state entities and the different types of administrative space that may be
required by a single state entity.
(g)
The commission shall be authorized to reassign administrative space to the
various state entities in order to bring the utilization of administrative space
into conformity with the standards promulgated under subsection (f) of this Code
section. Any additional administrative space required by a state entity shall
be approved by and obtained through the commission. The commission shall be
authorized to grant exceptions to the standards governing the utilization of
administrative space when the reassignment of such space would involve
unnecessary expenses or the disruption of services being provided by a state
entity. The commission shall adopt and promulgate rules and regulations
governing the granting of such exceptions, and the rules and regulations shall
be uniformly applied by the commission to all state entities requesting an
exception to the standards.
(h)
For purposes of cost effectiveness and decentralization, the following factors,
among other factors, shall be considered:
(1)
Dual location of programs within a city should be considered in order to
take advantage of possible economies of scale and as a matter of convenience to
the general public; or
(2)
When all factors are reasonably equivalent, preferences will be given to
location of state government programs and facilities in those counties which are
determined by the Department of Community Affairs to be the most economically
depressed, meaning those 71 tier 1 counties of the state designated as least
developed under paragraph (2) of Code Section 48-7-40.
(i)
The commission is authorized and directed to promulgate rules and regulations
governing budgetary requirements for administrative space utilized by state
entities in cooperation with the Office of Planning and Budget whereby the
entities shall be accountable in the budgetary process for administrative space
assigned to and utilized by them. The budgetary requirements may provide for
the payment of rent to the commission by state entities or may otherwise provide
procedures for the assessment of rent charges for administrative space utilized
by state entities or any combination of the foregoing.
(j)
In addition to the standards and rules and regulations specifically provided for
by this Code section, the commission is authorized to adopt such other rules and
regulations as may be required to carry out this Code section efficiently and
effectively."
SECTION
15.
Said
title is further amended by striking Part 1 of Article 6 of Chapter 16, relating
to inventory of real property, and inserting in its place a new Part 1 to read
as follows:
"Part
1
50-16-120.
As
used in
Code
Section 50-16-121
this
part, the term:
(1)
'Entities' or 'entity' means any and all constitutional offices, as well as all
authorities, departments, divisions, boards, bureaus, commissions, agencies,
instrumentalities, or institutions of the state.
(1)(2)
'Real property' means any
improved or
unimproved real property owned by the
state and under the jurisdiction of any state
official,
department, board, bureau, commission, or other state agency, except public
road, street, and highway rights of way owned by the Department of
Transportation. The words 'real property' also mean real property owned by the
following public corporations: the Georgia Building Authority, the Georgia
Building Authority (Hospital), the Georgia Building Authority (Markets), the
Georgia Building Authority (Penal), the Georgia Education Authority
(University), the Georgia Ports Authority, the Jekyll Island—State Park
Authority, the Stone Mountain Memorial Association, and the Board of Regents of
the University System of Georgia
entity.
(2)
'Department' means any state official, department, board, bureau, commission, or
other state agency having real property under its jurisdiction.
(3)
'Public corporation' means the public authorities listed in paragraph (1) of
this Code section, the Stone Mountain Memorial Association, and the Board of
Regents of the University System of Georgia.
(3)
'State' means the State of Georgia and any of its offices, agencies,
authorities, departments, commissions, boards, divisions, instrumentalities, and
institutions but does not include counties, municipalities, school districts,
other units of local government, hospital authorities, or housing and other
local authorities.
(4)
'State facility' means a building owned by the state or under the custody or
control of the state or insured by the program of self-insurance established
under Code Sections 50-16-8 through 50-16-11.
(5)
'State lease' means a lease or rental agreement entered into by a state entity
for a definite period of time for the use by a state entity of real property or
facilities or a lease of state real property or state facilities by a state
entity for use by another party.
50-16-121.
(a)
All
departments and public corporations
state
entities are directed to maintain at all
times a complete current inventory of real property under their jurisdiction.
The inventory shall be accomplished by the completion of a form, substantially
as follows, for each parcel of real property held by such departments and public
corporations:
REAL
PROPERTY INVENTORY
Date:
_____________________
(Date form completed)
(Date form completed)
(1)
State
Entity
Department:
________________________________________________
(Board, bureau, commission, department, official, or other agency)
(2)
Grantor:
___________________________________________________________
(Exactly
as it appears on instrument)
(3)
Grantee:
___________________________________________________________
(Exactly
as it appears on instrument)
(4)
Date of instrument:
__________________________________________________
(5)
Acreage:
___________________________________________________________
(6)
Records, office of the clerk, Superior Court __________ County (a) Deed Book
______ Folio ______ (b) Plat or Map Book ______ Folio ______
(7)
Location of property: County __________ City __________ Street address, if
applicable, and if not, brief directions to property
______________________________
(8)
Type of instrument: (a) Warranty deed ( ), (b) Quitclaim deed ( ), (c)
Eminent domain, deed executed ( ), (d) Trustee´s deed ( ), (e)
Administrator´s or Executor´s deed ( ), (f) Simple deed, no
warranty ( ), (g) Lease ( ), (h) Use permit ( ), (i) Resolution
of
General Assembly ( ), (j) Deed of gift ( ).
(9)
Kind of conveyance: (a) Fee simple ( ), (b) Other ( ), state terms and
conditions
______________________________________________________________________
(10)
If acquired by eminent domain by court order and no deed was executed: (a) Name
of principal defendant _______________________, (b) Case number ______, (c) Date
of final judgment ______________
(11)
Location of original deed
____________________________________________
(12)
Is property surplus?
_________________________________________________
(13)
Purchase price of property
____________________________________________
(14)
Purchased with (a) State funds? ______, (b) Federal funds? ______ (Show percent
state & federal)
(15)
Estimated present value: (a) Land ______________ (b) Improvements
______________
(16)
Insured for: $__________ with ________________________ Ins. Co.
(17)
Present use
________________________________________________________
Name
of person completing form
__________________________________________
Title
______________________ Signature ______________________
(b)
The inventory required by subsection (a) of this Code section shall be
maintained current at all times. It shall be the duty of each
department
and public corporation
state
entity to file a duplicate of the
inventory with the State Properties Commission; and the State Properties
Commission shall compile and index all such inventories into a single complete
inventory of all real property, but the State Properties Commission shall
maintain separate files on the property belonging to the public corporations. It
shall be the further duty of each
department
and public corporation
state
entity to file with the State Properties
Commission a duplicate of each form or other document, as provided in subsection
(c) of this Code section, completed by such
department
or public corporation
state
entity in maintaining the inventory of the
department
entity
current; and the State Properties Commission shall utilize such forms or other
documents to maintain the complete inventory of all real property
current.
(c)
The State Properties Commission is authorized to devise such forms or other
documents as may be necessary to keep the complete inventory of real property
current; and it shall be the duty of each
department
and public corporation
state
entity to utilize such forms and documents
as directed by the State Properties Commission.
(d)
The real property inventory form provided in subsection (a) of this Code section
shall be completed for each parcel of real property acquired by each
department
and public corporation
state
entity. The form shall be completed within
30 days after the acquisition of any real property and a duplicate of same shall
be forwarded to the State Properties Commission.
50-16-122.
(a)
As used in this Code section, the
term:
(1)
'Real
real
property' means any real property owned by the state and under the custody of
any state
official,
department, board, bureau, commission, or other state
agency
entity,
except public road, street, and highway rights of way and other real property
held by the Department of Transportation pursuant to Ga. L. 1919, p. 242, art.
5, Section 5, as amended by Ga. L. 1922, p. 176, Section 1; Ga. L. 1939, p. 188,
Section 1; Ga. L. 1945, p. 258, Section 1; and Ga. L. 1953, Jan.-Feb. Sess., p.
421, Section 1.
Also
expressly excluded from the meaning of 'real property,' as used in this Code
section, is all real property held by the Board of Regents of the University
System of Georgia and owned by the following public corporations: the Georgia
Building Authority, the Georgia Building Authority (Hospital), the Georgia
Building Authority (Markets), the Georgia Building Authority (Penal), the
Georgia Education Authority (University), the Georgia Ports Authority, the
Jekyll Island—State Park Authority, and the Stone Mountain Memorial
Association.
(2)
'Department' means any state official, department, board, bureau, commission, or
other state agency having custody of state owned real property.
(b)
All real property, the ownership of which is either acquired or disposed of by
the state or any
department
state
entity thereof after March 30, 1990, shall
be subject to the following requirements:
(1)
Except as otherwise provided by law and except as otherwise required by the
nature of the transaction conveying real property to the state or any department
thereof, the title to all real property acquired shall be in the name of the
state; but the conveyance shall have written or printed thereon in the upper
right-hand corner of the initial page thereof the name of the department for
which acquired who is the custodian thereof;
(2)
(1)
The original of any conveyance acquiring real property shall be filed in the
office of the State Properties Commission within 30 days after being recorded in
the office of the clerk of the superior court of the county or counties wherein
the real property is located. When the conveyance is presented to the State
Properties Commission for filing, it shall be accompanied by four copies of the
recorded plat of the real property conveyed. The State Properties Commission
shall index and affix both the commission´s stamp and the assigned real
property inventory number on the recorded original of the conveyance and all
copies of the recorded plat and shall retain the recorded original of the
conveyance and two copies of the recorded plat as a part of the permanent real
property inventory records kept by such commission; but an exact copy of the
recorded original of the conveyance shall be produced by the State Properties
Commission and, along with a copy of the recorded plat, forwarded by such
commission to the
department
state
entity acquiring the real
property;
(3)(2)
When real property is acquired by eminent domain and is conveyed to the state by
court order or judgment, following recording of the court order or judgment in
the deed book records in the office of the clerk of the superior court of the
county or counties wherein the real property is located, a certified copy of the
recorded court order or judgment, along with four copies of the recorded plat of
the real property conveyed, shall be filed in the office of the State Properties
Commission. The State Properties Commission shall index and affix both the
commission´s stamp and the assigned real property inventory number on the
certified copy of the recorded court order or judgment and all copies of the
recorded plat and shall retain the certified copy and two copies of the recorded
plat as a part of the permanent real property inventory records kept by such
commission; but an exact copy of the certified copy of the recorded court order
or judgment shall be produced by the State Properties Commission and, along with
a copy of the recorded plat, forwarded by such commission to the
department
state
entity acquiring the real
property;
(4)(3)(A)
The original of any fully executed conveyance disposing of real property, except
an Act or Resolution Act of the General Assembly, shall be filed in the office
of the State Properties Commission before being delivered to the purchaser
thereof for recording in the office of the clerk of the superior court of the
county or counties wherein the real property is located. When the conveyance is
presented to the State Properties Commission for filing, it shall be accompanied
by four copies of the plat of the real property conveyed. Though it is
encouraged, it is not required that the plat be either already recorded in or
eligible to be recorded in the plat book records in the office of the clerk of
the superior court of the county or counties wherein the real property is
located. The commission shall index and affix both the commission´s stamp
and the assigned real property inventory number on the original of the
conveyance and all copies of the plat. The State Properties Commission shall
then cause the conveyance to be duplicated. The duplicate of the conveyance and
two copies of the plat shall be retained by the State Properties Commission as a
part of the permanent real property inventory records kept by such commission.
The original of the conveyance and a copy of the plat shall be delivered to the
purchaser of the real property. Upon receiving the original of the conveyance
and a copy of the plat, the purchaser of the real property may then have the
original of the conveyance and, if necessary and eligible for recording, the
copy of the plat recorded in the office of the clerk of the superior court of
the county or counties wherein the real property is located.
(B)
The General Assembly may vary or authorize the variance of the requirements of
subparagraph (A) of this paragraph in any enactment, including an Act or
Resolution Act, authorizing or directing a disposition of real property;
and
(5)(4)
When real property is conveyed by an Act or Resolution Act of the General
Assembly, the State Properties Commission shall obtain from the office of the
Secretary of State a certified copy of the Act or Resolution Act and retain the
same as a part of the permanent real property inventory records kept by such
commission. As a part of such retention, the State Properties Commission shall
index and affix both the commission´s stamp and the assigned real property
inventory number on the certified copy of the Act or Resolution
Act.
(c)
The documents which are required to be maintained by the State Properties
Commission as a part of the permanent real property inventory records kept by
such commission, as provided by paragraphs (2) through (5) of subsection (b) of
this Code section, shall be used by the State Properties Commission in such
manner as it shall determine best in maintaining the real property
inventory.
50-16-123.
A
copy of all conveyances for the acquisition and disposition of real property
held or owned by
the Board
of Regents of the University System of Georgia, the Georgia Building Authority,
the Georgia Building Authority (Hospital), the Georgia Building Authority
(Markets), the Georgia Building Authority (Penal), the Georgia Education
Authority (University), the Georgia Ports Authority, the Jekyll
Island—State Park Authority, and the Stone Mountain Memorial
Association
any state
entity shall be filed with the State
Properties Commission within 30 days after the conveyance in an acquisition has
been recorded in the office of the clerk of the superior court in the county in
which the land is located and within 30 days after the conveyance in a
disposition has been dated, executed, and delivered. When real property is
acquired by condemnation by
the Board
of Regents of the University System of Georgia, the Georgia Building Authority,
the Georgia Building Authority (Hospital), the Georgia Building Authority
(Markets), the Georgia Building Authority (Penal), the Georgia Education
Authority (University), the Georgia Ports Authority, the Jekyll
Island—State Park Authority, and the Stone Mountain Memorial
Association
any state
entity, a certified copy of the court
order vesting title in such
board,
association, or any such authority
state
entity shall be filed with the State
Properties Commission within 30 days after the date of the court
order.
50-16-124.
Beginning
July 1, 2005, each state entity shall compile information on all state
facilities, real property, and state leases under the custody or control of such
state entity necessary for the compilation of an inventory of all state owned or
leased facilities and real property; provided, however, that all improvements
acquired for public works that will ultimately be disposed of are excluded from
the requirements of this part. On or before October 1, 2005, and as changes
occur, but by no later than such date annually, each state entity shall send
such information to the commission. The commission shall develop the format for
the compilation and reporting of the
inventory.
50-16-125
The
State Properties Commission is authorized and directed to promulgate such rules
and regulations as may be necessary to carry out this part, provided such rules
and regulations are not in conflict with this
part."
SECTION
16.
Title
34 of the Official Code of Georgia Annotated, relating to labor and industrial
relations, is amended by striking Code Section 34-8-90, relating to authority of
the Commissioner of Labor to lease property, and inserting in its place a new
Code Section 34-8-90 to read as follows:
"34-8-90.
The
Commissioner shall have sole authority and responsibility to negotiate for or to
enter into any necessary agreements to lease any and all property needed for
establishing and maintaining offices for administration of unemployment claims
and tax activities and training and placement activities prescribed in the
federal Social Security Act, other federal acts, and this chapter and for all
other programs which the Commissioner has responsibility for administering under
present and future federal laws or by
contract.
Reserved."
SECTION 16A.
Code Section 50-16-43 of the Official Code of Georgia Annotated, relating to leasing of state owned lands, is amended by striking paragraph (1) of subsection (j) and inserting in its place a new paragraph (1) to read as follows:
Code Section 50-16-43 of the Official Code of Georgia Annotated, relating to leasing of state owned lands, is amended by striking paragraph (1) of subsection (j) and inserting in its place a new paragraph (1) to read as follows:
“(1)
A written request for a lease and a locational, dimensional, and directional
sketch or a plat of survey of the proposed lease premises, prepared at the sole
cost and expense of the person requesting the lease, in form and content
acceptable to and approved by the commission, and showing and describing thereon
the lease premises of the lease, must be received by the commission detailing
therein the reason and all the particulars for the request and outlining the
purpose and use to be made of any and all products derived from such dredging.
If a sketch is submitted to and is approved and accepted by the commission,
paragraph
(4)
(3)
of subsection (b) of Code Section 50-16-122, relating to the requirement of the
filing with the Secretary of State of a plat of survey with a conveyance
disposing of real property, shall be relaxed; and the Secretary of State in such
a transaction shall accept in lieu of the required plat of survey the sketch
which was approved and accepted by the commission;”
SECTION
17.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
18.
All
laws and parts of laws in conflict with this Act are repealed.