This legislation addresses one of ACCG's top priorities this session. To reduce paperwork and bureaucratic morass in complying with Georgia's illegal immigration reform laws, HB 183 consolidates three local government immigration reporting mandates to one report, due once a year, to one agency; no longer mandates that businesses seeking business licenses, occupation tax certificiates  or other documents required to operate a business submit E-Verify information to local governments annually, but just once; eliminates "contracts" as a public benefit; allows those submitting documents to local governments to prove immigration status to do so by mail; and allows legal U.S. citizens to only have to prove their citizenship by affidavit once, rather than annually, to receive public benefits from the same agency. 

 

For ACCG's Sectional Summary of HB 183, please click here.   

 

For ACCG's one-stop Web shop on all things immigration for Georgia's county governments, please click here.      

This legislation requires the Department of Transportation to perform a value engineering study on any project over $50 million except for design-build projects. Currently, a value engineering study is required on all projects over $10 million.

 

This legislation also changes the total expenditures from the State Transportation Fund to exclude the following from budgeting by the department:  funds for projects earmarked by Congress, funds for projects on the Interstate System, and funds for projects on state designated freight corridor

 

This legislation requires counties to advertise all bids for goods and services over $10,000 on the Georgia Procurement Registry in the county legal organ and any other media normally used by the county including the county's website. Since the bidding and notice requirements for purchasing goods and services varies greatly from county-to-county based upon their local legislation and ordinance, this legislation may require significant additional taxpayer funds to be spent in advertising in the legal organ.

 

The legislation also requires public works contracts over $100,000 to be advertised on an "appropriate" website and on the Georgia Procurement Registry.   

This legislation prohibits counties from requiring or prohibiting contractors on public works construction projects over $100,000 to enter into pre-hire agreements, project labor agreements, collective bargaining agreements or any other agreements with labor unions.  Additionally, counties may not discriminate against bidders, contractors, or material suppliers for refusing to adhere to agreements with unions.  When an imminent threat to public health or safety occurs, the chair may require contractors, bidders, and material suppliers to adhere to such agreements if the board of commissioners holds a public hearing that special circumstances exist requiring the adherence to the union agreements.  However, the possibility of a labor dispute because of the presence of non-union contractors or subcontractors may not be considered by the board.

This legislation creates a Joint Select Committee on Budget Dependence on Federal Funding. The committee will study the percentage of the state budget funded by federal money, as well as the impact of federal fiscal policy reducing or eliminating federal funding for state governments.

This legislation changes Georgia's Utility Facility Protection Act (GUFPA, or "Call Before You Dig" Law).  It revises the definition of large projects and procedures for addressing unlocatable utilities; reinforces that sewer laterals are not owned by local governments; clarifyies that routine road maintenance is not "excavating" for the purposes of the GUFPA Act; and alters the makeup of the GUFPA advisory committee.  This bill does not expand penalties for local governments found in violation of the law, nor does it expand the Public Service Commission's regulatory reach over local governments or water authorities.

 

For a summary of this legislation and proposed GUFPA provisions, please click here.     

 

This legislation prohibits counties and cities, in awarding public works contracts, from disqualifying responsible bidders based on lack of previous experience with a job of the size for which the bid proposal is being sought if:

   -   the bid or proposal is 30 percent greater in scope or cost from the responsible bidder's previous experience;

   -   the responsible bidder has experience in performing the work; and

   -   the responsible bidder is capable of being bonded by a surety which meets the qualifications of the bid documents for a bid or or performance bond. 

This legislation allows counties to include provisions in construction contracts over $100,000 to require the contractor to pay a penalty if the project is delayed. It also allows the contract to include an incentive for contractors to complete the contract early when the project needs to be completed as soon as possible. 

 

When a county issues a request for proposal for a construction project over $100,000 and price is not one of the evaluation factors, this legislation allows the county to choose whether to have a bid bond or not. If the county requires a bid bond, the request for proposal must specify the dollar amount of the bid bond. This legislation also corrects a technical error in the law regarding notice of commencement required to be filed by the contractor.

 

Local governments cannot require or prohibit bidders to enter into union or collective bargaining agreements.