12 LC 21
1771/AP
House
Bill 1232 (AS PASSED HOUSE AND SENATE)
By:
Representatives Smyre of the
132nd,
Hugley of the
133rd,
Smith of the
131st,
Buckner of the
130th,
and Smith of the
129th
A
BILL TO BE ENTITLED
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 change the maximum amount for which the
superintendent of the board of education may make public works construction
contracts; to change the maximum amount which may be expended for a public works
construction contract 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 first two undesignated
paragraphs of Section 11 as follows:
"That
the superintendent of the board of education may 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 the maximum amount
established by the board, and 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 does
not exceed the maximum amount established by the board. 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 the maximum
amount established by the board and no purchase involving a public works
construction contract involving an expenditure of more than the maximum amount
established by the board 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 the maximum amount established by
the board, 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.