HB 232 addresses unintended consequences from the ethics reform law which took effect January 10, 2011. First, local officials may now file Campaign Contribution Disclosure Reports and Personal Financial Disclosure Reports with the state either electronically or via paper. It removes the requirement that local officials submit a current email address to the state. The Campaign Finance Commission (formerly the State Ethics Commission) must notify local officials via mail rather than electronically about "the filing of a complaint; a technical defect in a filing; a failure to make a timely filing; or a late fee or other penalty." HB 232 removes the requirement that every county staff person that speaks with a legislator must register as a lobbyist. Now, county staff must register as lobbyists only if they spend more than 10% of their time lobbying or spend more than $1,000 to influence a public officer.

This bill prohibits counties from requiring bidders, offerors, contractors, subcontractors and material suppliers on county construction projects over $100,000 to enter into pre-hire agreements, labor agreements, collective bargaining agreements, etc. Also, counties cannot give preference to companies who have agreements with labor organizations.

This bill encourages the use of Georgia grown products.

This bill requires that state agencies give preference to in-state providers of construction services.

This bill allows counties to adopt an ordinance or resolution giving a preference of up to 5% to local companies on construction projects over $100,000. The preference would apply whether bid method or proposal method is used. To get the local preference, a business must regularly maintain a physical presence in the county for at least one year. A new business may qualify if it is domiciled in the county and maintains a physical place of business in the county. The use of a post office box, site trailer, or temporary structure does not qualify as a "place of business."

This bill mandates that cities and counties post all bids for goods and services for $10,000 or more and all bids for public works construction contracts for $100,000 on the Georgia Procurement Registry.  It also mandates that all such bids be posted in the legal organ of the county and in "any other media normally utilized" by the county when advertising bid opportunities.  

This bill prohibits counties from requiring bidders, offerors, contractors, subcontractors or suppliers to enter into pre-hire agreements, project labor agreements, or collective bargaining agreements in order to bid on county construction contracts over $100,000. Similarly, counties could not discriminate against bidders, offerors, contractors, subcontractors or suppliers based upon whether they are parties to agreements with labor organizations.

This is DOT's annual cleanup bill. Among other provisions, it increases, from $100,000 to $250,000, the amount that DOT is allowed to contract for - without having to go out to bid; allows posting a bid on their website to satisfy the public bid requirement and suffice for having read the bid; and sets out conditions on when, and under what conditions, DOT can close or limit access to state highways. Additionally, counties will no longer be required to get the DOT Commissioner's permission to designate local truck routes so long as they notify DOT of said designation within 90 days of doing so.

This bill increases, from $5,000 to $25,000, the amount that state agencies do not have to put out for competitive bid.  It also redefines and revises the definitions relative to small business assistance to include a "Georgia Resident Business". 

SB 3 amends the state's immigration control law to require contractors and subcontractors to have been using E-Verify (i.e., an Internet based system that allows employers to determine the eligibility of their newly hired employees to work in the United States) for at least six months before entering into a contract with a county. Contractors and subcontractors who file false affidavits regarding compliance with the E-Verify requirement may be convicted of a felony and are subject to a fine up to $1,000 and/or one to five years imprisonment. All other violations are misdemeanors. SB 3 also requires suppliers and subcontractors on county projects to submit their affidavit declaring compliance to the county.

This bill requires contractors bidding on public projects to verify that they have used the E-Verify program for a period of time in their bid. Beginning on January 1, 2013, they must have been using E-Verify for the previous 24 months and must participate in the federal IMAGE, in order to be considered for public bids. They must also verify that they will contract only with subcontractors that have also been using E-Verify.  Counties shall submit annual compliance reports to the state auditor certifying compliance and must maintain records that include: the number and date of authorization and the legal name, address, and E-Verify user number of or proof of participation in the federal employment verification system by contractors and subcontractors. The state auditor shall conduct annual compliance audits on at least half of the reporting local governments and publish audit results. Local governments that are in violation of this law shall lose their qualified local government status.

SB 40 was stripped in House Committee and replaced with the language of HB 87.  For a summary of some of the major provisions of the new language, click here.  

This bill exempts energy savings performance contracts from the requirements of the local government public works construction law.  Counties will still be required to follow the procedures established in the energy savings performance contract statute, but certain provisions that were not intended to apply to county government have been removed (i.e., requiring the use of the State's prequalified list of providers). Counties will be required to issue a request for proposals to at least two qualified energy service providers, as well as advertise the contract opportunity by posting it at the board of commissioners' office and on the county's website, if one exists. 

SB 122 authorizes local governments and the state (at their discretion) to contract with private firms to procure permits and licenses, plan, finance, build, acquire, operate and maintain a water reservoir, facility or system -- acting in concert with GEFA's Water Supply Division if they wish. The local government may pay the firm with the user fees, purchase payments and other revenue for these services. This bill also establishes a process that counties can partner with other governments to enter into agreements up to 50 years with a private partner. Unlike proposals from previous sessions, SB 122 ensures that local governments participate in all aspects of the process.

This bill exempts energy savings performance contracts from the requirements of the local government public works construction law. It also improves the provisions of the energy savings performance contract law. It removes confusing notice requirements, as well as clarifies provisions that were not intended to apply to county government.

This bill repeals the Local Government Cable Fair Competition Act of 1999 and replaces it with the Broadband Investment Equity Act. This bill is being redrafted with several amendments. ACCG will notify you when the new version is available.

If your county provides any telecommunication services to the public, please contact ACCG Legislative Director, Clint Mueller at cmueller@accg.org.

This bill, which applies only to state purchases, stipulates that Georgia vendors are to be granted the same preferences over vendors of another state in the same manner that preference is granted in awarding bids by another state, or a local government of that state, to vendors resident therein over Georgia vendors.   

This resolution by the full General Assembly follows the recent snow storms that paralyzed significant parts of Georgia for a week. GDOT is urged to develop a list of qualified and responsible contractors willing to assist in weather or other emergencies and to develop and implement a procedure to preauthorize local governments to clear snow and ice from state routes during an emergency. SR 31 is an identical resolution except it is only by the Senate.