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03 LC 22 5163
House Bill
1009
By: Representatives Massey of the 24th, Rogers of the 15th, Shaw of the 143rd, Coan of the 67th, Post 1, and Rynders of the 137th
By: Representatives Massey of the 24th, Rogers of the 15th, Shaw of the 143rd, Coan of the 67th, Post 1, and Rynders of the 137th
A BILL TO BE
ENTITLED
AN ACT
AN ACT
To amend Chapter 10 of Title 13 of the Official Code of
Georgia Annotated, relating to contracts for public works, Chapter 91 of Title
36 of the Official Code of Georgia Annotated, relating to bidding on public
works, and Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia
Annotated, relating to state purchasing, so as to prohibit the state or a
governmental entity contracting for public works construction from requiring a
contractor, subcontractor, or material supplier or handler to become a party to
any labor agreement as a condition of bidding, negotiating regarding bids, being
awarded a contract, or working on a public works project; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Chapter 10 of Title 13 of the Official Code of Georgia
Annotated, relating to contracts for public works, is amended by inserting a new
Code section to be designated Code Section 13-10-3 to read as
follows:
"13-10-3.
The state shall not require that a contractor, subcontractor, or material supplier or carrier engaged in the performance of any public works construction become a party to any project labor agreement, collective bargaining agreement, prehire agreement, or any other agreement with employees, their representatives, or any labor organization as a condition of bidding or submitting proposals for a public works construction, negotiating with the public entity regarding such proposal, being awarded a contract for performance, or performing work on a contract for a public works project."
"13-10-3.
The state shall not require that a contractor, subcontractor, or material supplier or carrier engaged in the performance of any public works construction become a party to any project labor agreement, collective bargaining agreement, prehire agreement, or any other agreement with employees, their representatives, or any labor organization as a condition of bidding or submitting proposals for a public works construction, negotiating with the public entity regarding such proposal, being awarded a contract for performance, or performing work on a contract for a public works project."
SECTION 2.
Chapter 91 of Title 36 of the Official Code of Georgia
Annotated, relating to bidding on public works, is amended in Code Section
36-91-21, relating to competitive award requirements, by striking subsections
(f) and (g) and inserting in lieu thereof the
following:
"(f) The governmental entity that contracts for public works construction shall not require that a contractor, subcontractor, or material supplier or carrier engaged in the performance of such public works construction execute or otherwise become a party to any project labor agreement, collective bargaining agreement, prehire agreement, or any other agreement with employees, their representatives, or any labor organization as a condition of bidding or submitting proposals for such public works construction, negotiating with the governmental entity regarding such proposal, being awarded a contract for performance, or performing work on a public works project.
(g) If any member of a governmental entity lets out any public works construction contract subject to the requirements of this article and receives, takes, or contracts to receive or take, either directly or indirectly, any part of the pay or profit arising out of any such contract, he or she shall be guilty of a misdemeanor.
(g)(h) No public
works construction contract with a governing authority shall be valid for any
purpose unless the contractor shall comply with all bonding requirements of this
chapter. No such contract shall be valid if any governmental entity lets out any
public works construction contract subject to the requirements of this chapter
without complying with the requirements of this
chapter."
"(f) The governmental entity that contracts for public works construction shall not require that a contractor, subcontractor, or material supplier or carrier engaged in the performance of such public works construction execute or otherwise become a party to any project labor agreement, collective bargaining agreement, prehire agreement, or any other agreement with employees, their representatives, or any labor organization as a condition of bidding or submitting proposals for such public works construction, negotiating with the governmental entity regarding such proposal, being awarded a contract for performance, or performing work on a public works project.
(g) If any member of a governmental entity lets out any public works construction contract subject to the requirements of this article and receives, takes, or contracts to receive or take, either directly or indirectly, any part of the pay or profit arising out of any such contract, he or she shall be guilty of a misdemeanor.
SECTION 3.
Article 3 of Chapter 5 of Title 50 of the Official Code of
Georgia Annotated, relating to state purchasing, is amended by striking Code
Section 50-5-72, relating to the role of the Department of Administrative
Services with regard to state public works contracts, and inserting in lieu
thereof the
following:
"50-5-72.
(a) Notwithstanding any other provision of this part or any other law dealing with the subject matter contained in this Code section to the contrary, all construction or public works contracts, exceeding a total expenditure of $100,000.00, of any department, board, bureau, commission, office, or agency of the state government, except as provided in this Code section, shall be conducted and negotiated by the Department of Administrative Services in accordance with this part; provided, however, that any expenditure of less than $100,000.00 shall still be subject to review and approval by the Department of Administrative Services, which may approve noncompetitive expenditures of up to $100,000.00. All advertising costs incurred in connection with such contracts shall be borne by and paid from the funds appropriated to and available to the department, board, bureau, commission, office, or agency of the state government for which the contract is negotiated. The commissioner of administrative services is authorized and directed to promulgate such rules and regulations as shall carry out the additional duties and responsibilities placed upon the department by this Code section.
(b) The state shall not require that a contractor, subcontractor, or material supplier or carrier engaged in the performance of any public works construction become a party to any project labor agreement, collective bargaining agreement, prehire agreement, or any other agreement with employees, their representatives, or any labor organization as a condition of bidding or submitting proposals for a public works construction, negotiating with the public entity regarding such proposal, being awarded a contract for performance, or performing work on a contract for a public works project.
(c) Nothing contained in this Code section shall apply to or affect the Department of Transportation, the several public authorities of this state, including the Stone Mountain Memorial Association and the Board of Regents of the University System of Georgia, or the expenditure of money credited to the account of this state in the Unemployment Trust Fund by the secretary of the treasury of the United States pursuant to Section 903 of the Social Security Act and appropriated as provided in Code Section 34-8-85. No contract in existence on March 18, 1964, shall be affected by this Code section and such contract may continue to be utilized."
"50-5-72.
(a) Notwithstanding any other provision of this part or any other law dealing with the subject matter contained in this Code section to the contrary, all construction or public works contracts, exceeding a total expenditure of $100,000.00, of any department, board, bureau, commission, office, or agency of the state government, except as provided in this Code section, shall be conducted and negotiated by the Department of Administrative Services in accordance with this part; provided, however, that any expenditure of less than $100,000.00 shall still be subject to review and approval by the Department of Administrative Services, which may approve noncompetitive expenditures of up to $100,000.00. All advertising costs incurred in connection with such contracts shall be borne by and paid from the funds appropriated to and available to the department, board, bureau, commission, office, or agency of the state government for which the contract is negotiated. The commissioner of administrative services is authorized and directed to promulgate such rules and regulations as shall carry out the additional duties and responsibilities placed upon the department by this Code section.
(b) The state shall not require that a contractor, subcontractor, or material supplier or carrier engaged in the performance of any public works construction become a party to any project labor agreement, collective bargaining agreement, prehire agreement, or any other agreement with employees, their representatives, or any labor organization as a condition of bidding or submitting proposals for a public works construction, negotiating with the public entity regarding such proposal, being awarded a contract for performance, or performing work on a contract for a public works project.
(c) Nothing contained in this Code section shall apply to or affect the Department of Transportation, the several public authorities of this state, including the Stone Mountain Memorial Association and the Board of Regents of the University System of Georgia, or the expenditure of money credited to the account of this state in the Unemployment Trust Fund by the secretary of the treasury of the United States pursuant to Section 903 of the Social Security Act and appropriated as provided in Code Section 34-8-85. No contract in existence on March 18, 1964, shall be affected by this Code section and such contract may continue to be utilized."
SECTION 4.
All laws and parts of laws in conflict with this Act are
repealed.