07 LC 34
1172/AP
House
Bill 766 (AS PASSED HOUSE AND SENATE)
By:
Representatives Smith of the
129th,
Smyre of the
132nd,
Hugley of the
133rd,
Smith of the
131st,
and Buckner of the
130th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend an Act creating the Muscogee County School District, approved February 25,
1949 (Ga. L. 1949, p. 1086), as amended, particularly by an Act approved May 17,
2004 (Ga. L. 2004, p. 4192), so as to exclude routine operation, repair, or
maintenance of existing structures, buildings, or real property from the
definition of public works construction; to change the maximum amount for which
the superintendent of the board of education may make contracts, other than
public works construction contracts, for supplies, labor, repairs, and other
necessary school purposes, to $15,000.00; to change to $15,000.00 the amount of
purchases under public construction contracts that can be expended without
affording free competition; to change the maximum amount to $15,000.00 which may
be expended for contracts, other than public works construction contracts,
without affording free competition; to provide that the superintendent of the
board of education in an emergency may make certain contracts other than public
works construction contracts; to provide for rules and regulations; to provide
definitions; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
An
Act creating the Muscogee County School District, approved February 25, 1949
(Ga. L. 1949, p. 1086), as amended, particularly by an Act approved May 17, 2004
(Ga. L. 2004, p. 4192), is amended by revising the undesignated first two
paragraphs of Section 11 as follows:
"That
the superintendent of the board of education may: (1) make public works
construction contracts defined as the building, altering, repairing, improving,
demolishing, or other improvement of any kind to any school district property,
binding said merged school system where the expenditure does not exceed
$50,000.00; provided, however, such term does not include the routine operation,
repair, or maintenance of existing structures, buildings, or real property; and
(2) make contracts, other than public works construction contracts, for
supplies, labor, repairs, and other necessary school purposes, binding said
merged school system where the expenditure involved does not exceed $15,000.00.
All expenditures for such purposes in excess of such designated amounts must be
first authorized by resolution adopted at a regular or special meeting of the
board. No public works construction contract involving an expenditure of more
than $50,000.00 and no purchase involving a public works construction contract
involving an expenditure of more than $15,000.00 shall be made in any case
without affording free competition. No public works construction contract shall
be entered into by the board without taking the statutory performance bond
required of counties and cities by the laws of this state in such
cases.
That
the superintendent of the board of education in the event of an emergency may
make contracts, other than public works construction contracts, for supplies,
labor, repairs, and other necessary school purposes, binding said merged school
system where the expenditure involved exceeds $15,000.00, and that the board of
education by resolution may adopt rules and regulations governing the
administration of this paragraph, including specific procedures which the
superintendent must follow in exercising these emergency spending powers. As
used in this paragraph, the term 'emergency' means an eventuality which cannot
reasonably be foreseen and which if not corrected immediately will result in
harm to people or property or in economic loss to said merged school
system."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.