Georgia 2023-2024 Regular Session

Georgia Senate Bill SB76 Compare Versions

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1-LC 47 3106S
2-The House Committee on Rules offers the following substitute to SB 76:
1+23 LC 52 0283S (SCS)
2+S. B. 76
3+- 1 -
4+Senate Bill 76
5+By: Senators Merritt of the 9th, Lucas of the 26th, Harbison of the 15th, Butler of the 55th,
6+Islam of the 7th and others
7+AS PASSED SENATE
38 A BILL TO BE ENTITLED
49 AN ACT
5-To amend Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to1
6-contracts for public works, so as to increase the dollar value of certain public works contracts2
7-exempt from provisions relating to retention of contractual payments; to amend Article 103
8-of Chapter 2 of Title 20, relating to contracts and purchases by public schools, so as to4
9-increase the dollar value trigger of certain considerations related to in-state purchasing5
10-preferences for certain contracts and purchases; to amend Article 11 of Chapter 2 of Title 20,6
11-relating to public school property and facilities, so as to increase the dollar value related to7
12-when certain school construction contracts must be subject to competitive bidding; to amend8
13-Chapter 91 of Title 36 of the Official Code of Georgia Annotated, relating to public works9
14-bidding, so as to increase the dollar values of certain public works construction contracts10
15-exempt from bidding requirements; to amend Part 1 of Article 3 of Chapter 5 of Title 50,11
16-relating to general authority, duties, and procedure for state purchasing, so as to increase the12
17-dollar value related to when construction or public works contracts must be conducted and13
18-negotiated by the Department of Administrative Services; to provide for related matters; to14
19-repeal conflicting laws; and for other purposes.15
20-BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:16
21-- 1 - LC 47 3106S
22-SECTION 1.17
23-Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to contracts for18
24-public works, is amended in Code Section 13-10-80, relating to definitions, contract19
25-requirements, application, effect of greater benefits contracted for, and evidence of20
26-indebtedness paid, by revising subsection (c) as follows:21
27-"(c) This Code section shall not apply to:22
28-(1) Any contracts let by the Department of Transportation of this state for the23
29-construction, improvement, or maintenance of roads or highways in this state or purposes24
30-incidental thereto; or25
31-(2) Any contracts whose value or duration at the time of the award does not exceed26
32-$150,000.00 $250,000.00 or 45 days in duration."27
33-SECTION 2.28
34-Article 10 of Chapter 2 of Title 20, relating to contracts and purchases by public schools, is 29
35-amended in Code Section 20-2-500, relating to contracts for purchases authorized of certain30
36-supplies, materials, equipment, or agricultural products to give preference to in-state31
37-manufacturers or producers, purchases over $100,000.00, and vendor preferences, by32
38-revising subsection (a) as follows:33
39-"(a)(1) Local boards of education shall provide that contracts for or purchases of34
40-supplies, materials, equipment, or agricultural products, including but not limited to35
41-school buses but not including instructional materials or beverages for immediate36
42-consumption, for public elementary and secondary schools supported in whole or in part37
43-from public funds shall give preference as far as may be reasonable and practicable to38
44-such supplies, materials, equipment, and agricultural products as may be manufactured39
45-or produced in this state. Such preference shall not sacrifice quality.40
46-(2) Local boards of education shall provide that, in determining whether such a41
47-preference is reasonable in any case where the value of a contract for or purchase of such42
48-- 2 - LC 47 3106S
49-supplies, materials, equipment, or agricultural products exceeds $100,000.0043
50-$250,000.00, the local school district shall consider, among other factors, information44
51-submitted by the bidder which may include the bidder's estimate of the multiplier effect45
52-on gross state domestic product and the effect on public revenues of the state and the46
53-effect on public revenues of political subdivisions resulting from acceptance of a bid or47
54-offer to sell Georgia manufactured or produced goods as opposed to out-of-state48
55-manufactured or produced goods. Any such estimates shall be in writing. No local49
56-school district shall divide a contract or purchase which exceeds $100,000.0050
57-$250,000.00 for the purpose of avoiding the requirements of this paragraph."51
58-SECTION 3.52
59-Article 11 of Chapter 2 of Title 20, relating to public school property and facilities, is53
60-amended in Code Section 20-2-520, relating to acquiring and disposing of school sites,54
61-building, repairing, renting, and furnishing schoolhouses, by revising subsection (a) as55
62-follows:56
63-"(a) The county boards of education shall have the power to purchase, lease, or rent school57
64-sites; build, repair, or rent schoolhouses; purchase maps, globes, and school furniture; and58
65-make all arrangements necessary to the efficient operation of the schools. Such county59
66-boards are invested with the title, care, and custody of all schoolhouses or other property,60
67-with the power to control such property in such manner as they think will best serve the61
68-interests of the public schools; and when, in the opinion of the county board, any62
69-schoolhouse site has become unnecessary or inconvenient, they may sell it in the name of63
70-the county board; and the conveyance for any such sale shall be executed by the president64
71-or secretary of the county board, according to the order of the county board. Such county65
72-boards shall have the power to receive any gift, grant, donation, or devise made for the use66
73-of the public schools within the respective counties; and all conveyances of real estate67
74-which may be made to such a county board shall vest the property in such county board and68
75-- 3 - LC 47 3106S
76-its successors in office. Such county board may provide for the building of schoolhouses69
77-by a tax on all property located in the county and outside the territorial limits of any70
78-independent school system. The construction of all public school buildings must be71
79-approved by the county school superintendent and county board and must be according to72
80-the plans furnished by the county school authorities and the State Board of Education. All73
81-public school construction contracts in excess of $100,000.00 $250,000.00 shall be publicly74
82-advertised and awarded through an open and competitive process, regardless of the funding75
83-source."76
84-SECTION 4.77
85-Chapter 91 of Title 36 of the Official Code of Georgia Annotated, relating to public works78
86-bidding, is amended in Code Section 36-91-22, relating to exceptions, use of inmate labor,79
87-and emergency situations, by revising subsections (a) and (g) as follows:80
88-"(a) The requirements of this chapter shall not apply to public works construction projects,81
89-when the same can be performed at a cost of less than $100,000.00 $250,000.00. Public82
90-works construction projects shall not be subdivided in an effort to evade the provisions of83
91-this chapter."84
92-"(g) The requirements of this chapter shall not apply to public works construction projects85
93-or any portion of a public works construction project self-performed by a governmental86
94-entity. If the governmental entity contracts with a private person or entity for a portion of87
95-such project, the provisions of this chapter shall apply to any such contract estimated to88
96-exceed $100,000.00 $250,000.00."89
97-SECTION 5.90
98-Part 1 of Article 3 of Chapter 5 of Title 50, relating to general authority, duties, and91
99-procedure for state purchasing, is amended in Code Section 50-5-72, relating to construction92
100-- 4 - LC 47 3106S
101-and public works contracts conducted by department, advertising costs, and exceptions, by93
102-revising subsection (a) as follows:94
103-"(a) Notwithstanding any other provision of this part or any other law dealing with the95
104-subject matter contained in this Code section to the contrary, all construction or public96
105-works contracts, exceeding a total expenditure of $100,000.00 $250,000.00, of any97
106-department, board, bureau, commission, office, or agency of the state government, except98
107-as provided in this Code section, shall be conducted and negotiated by the Department of99
108-Administrative Services in accordance with this part; provided, however, that any100
109-expenditure of less than $100,000.00 $250,000.00 shall still be subject to review and101
110-approval by the Department of Administrative Services, which may approve102
111-noncompetitive expenditures of up to $100,000.00 $250,000.00."103
112-SECTION 6.104
113-All laws and parts of laws in conflict with this Act are repealed.105
114-- 5 -
10+To amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated,
11+1
12+relating to the state employees' health insurance plan and post-employment health benefit2
13+fund, so as to provide for state health benefit plans to cover insulin medication at a reduced3
14+rate; to provide for definitions; to limit the total amount of any cost-sharing or copay required4
15+under such plans for such medication; to provide for requirements and prohibitions for an5
16+insurer under contract to provide a state health benefit plan; to allow for cost adjustments in6
17+accordance with the Consumer Price Index; to provide for related matters; to provide for an7
18+effective date; to repeal conflicting laws; and for other purposes.8
19+BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9
20+SECTION 1.10
21+Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the11
22+state employees' health insurance plan and post-employment health benefit fund, is amended12
23+in Code Section 45-18-1, relating to definitions, by adding new paragraphs to read as13
24+follows:14 23 LC 52 0283S (SCS)
25+S. B. 76
26+- 2 -
27+"(1.2) 'Covered insulin medication' means insulin medication that is prescribed to treat15
28+diabetes. Such term shall not include insulin medication that is prescribed for weight loss16
29+or that is administered intravenously."17
30+"(5) 'State health benefit plan' means the health insurance plan or plans established18
31+pursuant to this article and Part 6 of Article 17 of Chapter 2 of Title 20 for state and19
32+public employees, dependents, and retirees, and granted to the Board of Regents20
33+members, employees, and retirees and their dependents pursuant to Code21
34+Sections 20-3-31, 20-3-51, and 31-2-4."22
35+SECTION 2.23
36+Said article is further amended by adding a new Code section to read as follows:24
37+"45-18-4.2.25
38+(a) On and after January 1, 2024, a state health benefit plan shall limit the total amount of26
39+any cost-sharing or copay that a covered person is required to pay under such plan for a27
40+covered insulin medication to an amount not to exceed $35.00 per 30 day supply or28
41+$105.00 per 90 day supply of such medication, regardless of the amount or type of insulin29
42+needed to fill such prescription or the number of prescriptions.30
43+(b) On and after January 1, 2024, an insurer under contract to provide insurance benefits31
44+through a state health benefit plan shall include in the plan's formulary at least one covered32
45+insulin medication from each therapeutic class that complies with the provisions of this33
46+Code section, and, with respect to covered insulin medication, shall not:34
47+(1) Apply any amount to the deductible;35
48+(2) Impose any cost-sharing in excess of the lesser of, per 30 day supply, $35.00, per 9036
49+day supply, $105.00, or the amount equal to 35 percent of the negotiated price of the37
50+covered insulin medication net of all price concessions received by or on behalf of such38
51+plan;39
52+(3) Reduce or eliminate coverage due to the requirements of this Code section; or 40 23 LC 52 0283S (SCS)
53+S. B. 76
54+- 3 -
55+(4) Impose prior authorization requirements or other medical management requirements41
56+that limit beneficiary use.42
57+(c) Nothing in this Code section shall prevent an insurer from establishing cost-sharing43
58+requirements for covered insulin medication below the amounts provided for in44
59+subsections (a) and (b) of this Code section.45
60+(d) On January 1, 2025, and annually thereafter, the limits on the amount a covered person46
61+is required to pay for a 30 day or 90 day supply of a covered insulin medication as provided47
62+for in this Code section shall be adjusted by a percentage equal to the percentage change48
63+from the preceding year in the prescription drug component of the Consumer Price Index49
64+as reported by the Bureau of Labor Statistics of the United States Department of Labor."50
65+SECTION 3.51
66+This Act shall become effective upon its approval by the Governor or upon its becoming law52
67+without such approval.53
68+SECTION 4.54
69+All laws and parts of laws in conflict with this Act are repealed.55