Bill Text: GA HB382 | 2009-2010 | Regular Session | Comm Sub

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Bill Title: State purchasing; free market competition; provide

Spectrum: Moderate Partisan Bill (Republican 5-1)

Status: (Introduced - Dead) 2010-02-16 - House Withdrawn, Recommitted [HB382 Detail]

Download: Georgia-2009-HB382-Comm_Sub.html

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10 LC 35 1653S

The House Committee on State Institutions and Property offers the following

substitute to HB 382:

A BILL TO BE ENTITLED
AN ACT

To amend 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, so as to modify provisions relating to goods and services required to be obtained from correctional industries; to provide that goods and services shall only be required to be obtained from correctional industries when such goods or services are of equal or better quality or cost as similarly available goods and services; 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.

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 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 are available and of competitive equal or better 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, specifications, delivery schedules, and availability within 15 days of notice of certification of all services provided or goods, wares, or merchandise produced wholly or in part by the Georgia Correctional Industries Administration.

(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."

SECTION 3.

This Act shall become effective on July 1, 2010, and shall apply to all agreements entered into on or after such date.

SECTION 4.

All laws and parts of laws in conflict with this Act are repealed.