07 LC 35
0622S
The
House Committee on State Institutions and Property offers the following
substitute
to SB 120:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 10 of Title 2 of the Official Code of Georgia Annotated, relating
to agricultural marketing facilities, organizations, and programs, so as to
repeal Article 1, relating to the Georgia Building Authority (Markets); to amend
Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the
regulation and construction of hospitals and other health care facilities, so as
to repeal Article 2, relating to the Georgia Building Authority (Hospital); to
amend Title 42 of the Official Code of Georgia Annotated, relating to penal
institutions, so as to repeal Chapter 3, relating to the Georgia Building
Authority (Penal); to amend Article 1 of Chapter 9 of Title 50 of the Official
Code of Georgia Annotated, relating to general provisions for the Georgia
Building Authority, to subrogate the Georgia Building Authority for certain
repealed agencies by transferring the rights, privileges, functions, assets,
obligations, employees, and immunities of the Georgia Building Authority
(Markets), the Georgia Building Authority (Hospital), the Georgia Building
Authority (Penal), and the Agency for Removal of Hazardous Materials to the
Georgia Building Authority; to amend Chapter 9 of Title 50 of the Official Code
of Georgia Annotated, relating to the Georgia Building Authority, so as to
repeal Article 4, relating to the Hazardous Materials Removal Agency; to reserve
certain chapters and articles; to amend Code Section 50-16-38 of the Official
Code of Georgia Annotated, relating to state agencies acquiring real property
through the State Properties Commission, so as to remove certain exceptions to
the requirement that acquisitions of real property generally must be conducted
through the commission; to amend Code Section 50-16-41 of the Official Code of
Georgia Annotated, relating to state agencies managing real property through the
State Properties Commission, so as to clarify that the administration of the
procurement process for certain state leases shall be conducted by designated
governing authorities; to amend certain provisions relating to state agencies
acquiring properties from certain local entities; to provide for related
matters; to provide for an effective date and applicability; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
SECTION 1.
Chapter
10 of Title 2 of the Official Code of Georgia Annotated, relating to
agricultural marketing facilities, organizations, and programs, is amended by
repealing Article 1, relating to the Georgia Building Authority (Markets), and
designating said article as reserved.
SECTION
2.
Chapter
7 of Title 31 of the Official Code of Georgia Annotated, relating to the
regulation and construction of hospitals and other health care facilities, is
amended by repealing Article 2, relating to the Georgia Building Authority
(Hospital), and designating said article as reserved.
SECTION
3.
Title
42 of the Official Code of Georgia Annotated, relating to penal institutions, is
amended by repealing Chapter 3, relating to the Georgia Building Authority
(Penal), and designating said chapter as reserved.
SECTION
4.
Article
1 of Chapter 9 of Title 50 of the Official Code of Georgia Annotated, relating
to general provisions for the Georgia Building Authority, is amended by adding a
new Code section to read as follows:
"50-9-17.
(a)
As used in this Code section, the term:
(1)
'Authority' means the Georgia Building Authority as set forth in Code Section
50-9-2.
(2)
'Transferred authorities' means the Georgia Building Authority (Markets) set
forth in Article 1 of Chapter 10 of Title 2, the Georgia Building Authority
(Hospital) set forth in Article 2 of Chapter 7 of Title 31, the Georgia Building
Authority (Penal) set forth in Chapter 3 of Title 42, and the Agency for Removal
of Hazardous Materials set forth in Article 4 of Chapter 9 of Title 50, as each
entity existed as of June 30, 2007.
(b)
Beginning July 1, 2007, all functions, duties, responsibilities, and obligations
of the transferred authorities shall belong to the authority. The authority
shall also succeed to the rights, claims, remedies, securities, and any other
debt or obligation owing to the transferred authorities.
(c)
The authority shall be substituted for the transferred authorities on any bonds,
claims, causes of action, contracts, leases, agreements, or other indebtedness
or obligations of the transferred authorities. Contracts held by the
transferred authorities shall be considered contracts of the authority, and any
rights of renewal, prerogatives, benefits, and rights of enforcement under such
contracts shall also be transferred to the authority.
(d)
Appropriations for functions transferred from the transferred authorities to the
authority may be transferred as provided in Code Section 45-12-90, relating to
disposition of appropriations for duties, purposes, and objects which have been
transferred. Personnel, equipment, and facilities previously employed for such
transferred functions shall likewise be transferred to the authority. Upon the
effective date of the transfer, all personnel positions authorized for the
transferred authorities shall be transferred to the authority and all employees
whose positions are transferred to the authority shall become employees of the
authority in the unclassified service as provided in Code Section
45-20-6.
(e)
All assets, moneys, properties both tangible and intangible, and other valuable
instruments and consideration belonging to the transferred authorities on the
date of transfer shall become the property and assets of the
authority.
(f)
Rules and regulations previously adopted by the transferred authorities shall
remain in full force and effect as rules and regulations of the authority until
amended, repealed, or superseded by action of the authority."
SECTION
5.
Chapter
9 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia
Building Authority, is amended by repealing Article 4, relating to the Hazardous
Materials Removal Agency, and designating said article as reserved.
SECTION
6.
Code
Section 50-16-38 of the Official Code of Georgia Annotated, relating to state
agencies acquiring real property through the State Properties Commission, is
amended by revising subsection (a) as follows:
"(a)
Except for
all
acquisitions of real property by the Department of Transportation and the Board
of Regents of the University System of Georgia, and except for
the
Department of Natural Resources acquiring by gift parcels of real property, not
exceeding three acres each, to be used for the construction and operation
thereon of boat-launching ramps, and except for acquisitions of real property by
the Department of Technical and Adult Education in connection with student live
work projects funded through moneys generated as a result of the sale of such
projects, donations, or student supply fees, and except
for acquisitions of real property by the
commission resulting from transfers of custody and control of real property to
the commission by executive order of the Governor or by Act or resolution of the
General
Assembly,
and except as otherwise provided by
law, and
except as otherwise
or
required by the nature of the transaction conveying real property to the state
or any entity thereof:
(1)
All state entities shall acquire real property through the commission;
and
(2)
The title to all real property acquired shall be in the name of the state,
except for state authorities which shall hold title in their own name. The
conveyance shall have written or printed in the upper right-hand corner of the
initial page thereof the name of the state entity for which acquired who is the
custodian thereof."
SECTION
7.
Code
Section 50-16-41 of the Official Code of Georgia Annotated, relating to the
management of state properties, is amended by adding a new subsection as
follows:
"(k)(1)
For purposes of this subsection:
(A)
'Custodial agency' shall mean a state entity or entities leasing property from a
local governing authority or its designee and shall include a state agency,
department, commission, or authority.
(B)
'Local governing authority' means a county, city, consolidated government, or
local authority.
(C)
'Procurement process' means the competitive bidding process by which property is
acquired by a local governing authority or its designee for lease to a custodial
agency at fair market value and shall include all activities related to
improvement, acquisition, or financing of the property.
(2)
Any other provision of this Code section notwithstanding, where property is
acquired by a local governing authority for lease to a custodial agency at the
written request of such agency, the procurement process shall be administered by
the local governing authority. The custodial agency shall provide to the
commission and to the local governing authority administering the procurement
process a space utilization request or other similar written request which shall
place the local governing authority on notice as to the custodial agency´s
facility and property needs. The written request shall include the approximate
size or square footage needed for adequate use of the facility and any other
unique specifications which shall make the facility satisfactory for its
intended purpose. The custodial agency may include in the written request cost
amount limitations above which the custodial agency is not able or willing to
exceed on total property leases or any item or items to be included as a part of
the property or lease agreement. Following the competitive procurement process
conducted by the local governing authority, the same shall make a recommendation
to the intended custodial agency for lease of the proposed property. The
custodial agency shall accept any reasonable recommendation unless there is a
valid legal basis for rejecting the proposed property. For purposes of this
subsection, any reasonable recommendation must include rental rates, as well as
operations and maintenance costs that are consistent with the prevailing market
rates for similar properties located in the local governing authority´s
geographic boundaries. If the custodial agency rejects the recommendation of
the local governing authority, the local governing authority shall repeat the
procurement process until the custodial agency accepts a
recommendation."
SECTION
8.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval. Section 6 of this Act shall apply to all
acquisition agreements entered into on or after July 1, 2007.
SECTION
9.
All
laws and parts of laws in conflict with this Act are repealed.