LC 29 2959
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 42-5-120 and Part 1 of Article 3 of Chapter 5 of Title 50 of
the Official Code of Georgia Annotated, relating to rules and regulations of
voluntary labor programs and general authority, duties, and procedure for state
purchasing, respectively, so as to provide for free market competition with
regard to state purchasing; to change provisions relating to the rules and
regulations of the Board of Corrections for voluntary labor programs; to change
certain provisions relating to the Department of Administrative Services
purchasing supplies, materials, equipment, and services for and on behalf of
state government; to repeal provisions relating to goods and services to be
obtained from the Georgia Correctional Industries Administration; to provide for
an effective date; to provide for related matters; to repeal conflicting laws;
and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 42-5-120 of the Official Code of Georgia Annotated, relating to the
rules and regulations of the Board of Corrections, is amended by revising
subsection (a) as follows:
"(a)
The board is authorized to issue and promulgate rules and regulations for
programs of voluntary labor by inmates for privately owned profit-making
employers to produce goods, services, or goods and services for sale to public
and private purchasers. Such rules and regulations shall be designed to meet
the published requirements of the Prison Industry Enhancement Certification
Program authorized by 18 U.S.C. Section 1761 and federal regulations and to
provide other appropriate conditions and limitations. Such rules and
regulations may provide for administration and management of such work programs
by the department and the Georgia Correctional Industries
Administration;
provided, however, that the board shall not establish or enforce any rule or
regulation, or provision of any rule or regulation, that gives any preferential
treatment to any goods, wares, or merchandise produced wholly or in part by the
Georgia Correctional Industries, the state, or any state agency, department,
board, bureau, commission, or other entity of the state. Any rule or
regulation, or provision of any rule or regulation, which is contrary to the
policy expressed in this subsection and which exists on July 1, 2008, shall be
deemed unenforceable, and the board shall undertake steps to repeal such rules
or regulations, or applicable provisions of such rules or
regulations."
SECTION
2.
Part
1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia
Annotated, relating to general authority, duties, and procedure for state
purchasing, is amend by revising paragraph (2) of Code Section 50-5-51, relating
to the power, authority, and duty of the Department of Administrative Services,
as follows:
"(2)
To establish and enforce standard specifications which shall apply to all
supplies, materials, equipment, and services other than professional and
personal employment services purchased or to be purchased for the use of the
state government for any of its offices, agencies, departments, boards, bureaus,
commissions, institutions, or other entities of the state;
provided,
however, that the department shall not establish or enforce any rule or
regulation, or provision of any rule or regulation, that gives any preferential
treatment to any goods, wares, or merchandise produced wholly or in part by the
Georgia Correctional Industries Administration, the state, or any state agency,
department, board, bureau, commission, or other entity of the state. Any rule
or regulation, or provision of any rule or regulation, which is contrary to the
policy expressed in this paragraph and which exists on July 1, 2008, shall be
deemed unenforceable, and the department shall undertake steps to repeal such
rules or regulations, or applicable provisions of such rules or
regulations;"
SECTION
3.
Said
part is further amended by revising Code Section 50-5-73, relating to goods and
services to be obtained from correctional industries when certified as
available, as follows:
"50-5-73.
(a)
All services provided or goods, wares, or merchandise produced wholly or in part
by the Georgia Correctional Industries Administration and needed by the
departments, institutions, and agencies of the state and its political
subdivisions supported wholly or in part by public funds shall be obtained from
the Georgia Correctional Industries Administration where such services, goods,
wares, or merchandise have been certified in writing by the commissioner of
corrections as available and of competitive quality and price. Where not
certified as available from the Georgia Correctional Industries Administration,
services, goods, wares, or merchandise shall be obtained from other agencies or
activities of the state which are legally authorized to engage in the provision
of such and have certified the availability with the advice and consent of the
Department of Administrative Services.
(b)
The Georgia Correctional Industries Administration and the commissioner of
corrections shall report to the Department of Administrative Services the
certification criteria, including but not limited to cost, delivery schedules,
and availability within 15 days of notice of certification.
(c)
The Georgia Correctional Industries Administration shall notify the Department
of Administrative Services of any changes to certified products or services
available pursuant to this Code section within 15 days of any such
changes.
Reserved."
SECTION
4.
This
Act shall become effective on July 1, 2008.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.