08 LC 29
3349ERS
The
House Committee on State Planning and Community Affairs offers the
following
substitute
to HB 1200:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 91 of Title 36 of the Official Code of Georgia Annotated, relating
to the "Georgia Local Government Public Works Construction Law," so as to exempt
certain development authorities from the requirements of public works
contracting, bidding, and bonding; to provide for definitions; 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
91 of Title 36 of the Official Code of Georgia Annotated, relating to the
"Georgia Local Government Public Works Construction Law," is amended by revising
Code Section 36-91-22, relating to exceptions, by adding a new subsection to
read as follows:
"(j)(1)
As used in this subsection, the term:
(A)
'Development authority' means any authority created by law or by or pursuant to
a local constitutional amendment for the purpose of promoting the development of
trade, commerce, industry, or employment opportunities or for similar
purposes.
(B)
'Public funds' means:
(i)
Proceeds of indebtedness of a development authority that is secured by pledging
amounts to be received by such authority from one or more counties or
municipalities through an intergovernmental contract entered into in accordance
with paragraph (20) of Code Section 48-5-220 or Code Section 48-5-350;
or
(ii)
Funds from the state or one or more counties or municipalities for the purpose
of financing a public works construction project to be owned by a development
authority.
(2)
The requirements of this chapter shall not apply to public works construction
projects that are owned by development authorities and which are not financed by
public funds."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.