06 LC
35 0229S
The
House Committee on State Institutions and Property offers the following
substitute to SB 592:
substitute to SB 592:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 4 of Chapter 5 of Title 50 of the Official Code of Georgia
Annotated, relating to the disposition of surplus property, so as to provide for
the sale of certain property by fixed price; to permit the negotiated sale of
surplus property to charitable institutions; to change certain provisions
relating to the disposition of surplus property by the Department of
Administrative Services; to provide for penalties; 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.
Article
4 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating
to disposition of surplus property, is amended by striking Code Section
50-5-141, relating to the transfer, sale, trade, or destruction of property, in
its entirety and inserting a new Code Section 50-5-141 to read as
follows:
"50-5-141.
(a)
The Department of Administrative Services is authorized and it shall be its duty
to dispose of surplus property by one of the following means:
(1)
Transfer
transfer
to other state
agencies,
or;
(2)
Sell
to
sell to the highest responsible bidder for
cash,
or;
(3)
Sell by fixed price; provided, however, that surplus property sold by fixed
price shall have been originally purchased by the state for an amount of
$5,000.00 or less;
(4)
Trade
trade
in such surplus property on the purchase of new equipment if the Department of
Administrative Services shall determine that such action is for the best
interest of the
state,
or,;
or
(5)
Where
where
the Department of Administrative Services shall determine that the surplus
property has no value
or that the
cost of maintaining and selling the surplus property exceeds the anticipated
proceeds from the sell of the surplus
property,
shall order
its
by
destruction and disposal and order
its
of
removal from the inventory of the department, institution, or agency with such
action noted thereon.
(b)
No employee of the Department of Administrative Services or such
employeés
immediate family member shall purchase surplus property sold by fixed price or
negotiated sale; nor shall any person purchase surplus property by fixed price
or negotiated sale for the direct or indirect benefit of any such employee or
employeés
immediate family
member."
SECTION
2.
Said
article is further amended by striking Code Section 50-5-142, relating to the
commissioneŕs
authority to promulgate rules and regulations, in its entirety and inserting a
new Code Section 50-5-142 to read as follows:
"50-5-142.
The
commissioner of administrative services shall promulgate such rules and
regulations as may be required to carry out Code Sections 50-5-140, 50-5-141,
50-5-143, 50-5-144, and 50-5-146 and shall establish procedures
for the
disposition of surplus property, including the
manner whereby the sale of surplus
property shall be advertised and competitive bids for the purchase thereof shall
be secured,
pursuant to Code Section
50-5-141."
SECTION
3.
Said
article is further amended by striking Code Section 50-5-144, relating to the
transfer of surplus property to private health or educational institutions or
public corporations by negotiated sale, in its entirety and inserting a new Code
Section 50-5-144 to read as follows:
"50-5-144.
(a)
As used in this Code section, the term:
(1)
'Charitable
institution'
'Private
health or educational institution' means
any
private,
nonprofit tax-exempt person, firm, or corporation providing
health or
educational services within this
state.
(2)
'Public corporation' means any public authority or other public corporation
created by or pursuant to state law.
(b)
In addition to any other authority provided by Code Sections 50-5-140 through
50-5-143, this Code section, and Code Section 50-5-146, the Department of
Administrative Services shall be authorized to dispose of surplus property,
including surplus property subject to paragraph (7) of Code Section 50-5-51, by
the transfer of the property to any
private
health or educational
charitable
institution or public corporation through a negotiated sale if the department
determines that such sale would be in the best interests of the state, and,
under the circumstances, the negotiated sales price would constitute a
reasonable consideration for the property.
(c)
When any surplus property is sold to a
private
health or educational
charitable
institution or to a public corporation pursuant to subsection (b) of this Code
section, the sale shall be subject to the following conditions:
(1)
The property shall not be resold by the purchaser within one year after the sale
without the written consent of the Department of Administrative Services;
and
(2)
The Department of Administrative Services shall have the right and obligation to
supervise the resale of the property at public outcry to the highest responsible
bidder if the resale is within one year after the sale and, if the resale price
exceeds the original negotiated sales price, the amount of the excess shall be
paid to the Department of Administrative
Services."
SECTION
4.
Said
article is further amended by striking Code Section 50-5-146, relating to
penalties, in its entirety and inserting a new Code Section 50-5-146 to read as
follows:
"50-5-146.
Any
person
official,
officer, or employee of the state who
causes state property having a value of less than $200.00 to be disposed of in
violation of
Code
Section 50-5-141 or 50-5-142
this
article shall be guilty of a misdemeanor.
If such property has a value of $200.00 or more, he
or
she shall be guilty of a felony and, upon
conviction thereof, shall be punished by imprisonment for not less than one year
nor more than five
years."
SECTION
5.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
6.
All
laws and parts of laws in conflict with this Act are repealed.