Georgia 2025-2026 Regular Session

Georgia House Bill HB113 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	25 HB 113/AP
2		-	House Bill 113 (AS PASSED HOUSE AND SENATE)
3		-	By: Representatives McDonald III of the 26
4		-	th
5		-	, Hong of the 103
6		-	rd
7		-	, Gambill of the 15
8		-	th
9		-	, Wade
10		-	of the 9
11		-	th
12		-	, Powell of the 33
13		-	rd
14		-	, and others
	1	+	25 LC 44 3152-ECS
	2	+	The Senate Committee on Government Oversight offered the following
	3	+	substitute to HB 113:
15	4		A BILL TO BE ENTITLED
16	5		AN ACT
17		-	To amend Title 50 of the Official Code of Georgia Annotated, relating to state government,
18		-	1
	6	+	To amend Title 50 of the Official Code of Georgia Annotated, relating to state government,1
19	7		so as to prohibit the state or its agencies from purchasing goods from certain foreign2
20	8		countries or related entities; to provide for a list of such goods; to provide for penalties; to3
21	9		provide for definitions; to repeal provisions related to contracting with China; to provide for4
22	10		powers of the Georgia Technology Authority; to provide for related matters; to repeal5
23	11		conflicting laws; and for other purposes.6
24	12		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
25	13		SECTION 1.8
26	14		Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended9
27	15		in Part 1 of Article 3 of Chapter 5, relating to general authority, duties, and procedure, by10
28	16		revising Code Section 50-5-84.1, relating to contracting with companies owned by Russia11
29	17		or Belarus, as follows:12
30	18		"50-5-84.1.13
31	19		(a) As used in this Code section, the term:14
32		-	(1) 'Company' means any sole proprietorship, organization, association, corporation,
33		-	15
	20	+	(1) 'Company' means any sole proprietorship, organization, association, corporation,15
34	21		partnership, joint venture, limited partnership, limited liability partnership, limited16
35		-	H. B. 113
36		-	- 1 - 25 HB 113/AP
	22	+	- 1 - 25 LC 44 3152-ECS
37	23		liability company, or other entity or business association, including all wholly owned17
38	24		subsidiaries, majority owned subsidiaries, parent companies, or affiliates of such entities18
39	25		or business associations, that exists for the purpose of making profit 'Concerned goods'19
40	26		means goods, including component parts, services, and technology, produced by a foreign20
41	27		company of concern deemed by the Georgia Technology Authority to pose a security21
42	28		threat to this state or its residents.22
43	29		(2) 'Government of Belarus' means the Republic of Belarus 'Foreign company of23
44	30		concern' means a sole proprietorship, organization, association, corporation, partnership,24
45	31		joint venture, limited partnership, limited liability partnership, limited liability company,25
46	32		or other entity or business association, including all wholly owned subsidiaries, majority26
47	33		owned subsidiaries, parent companies, or affiliates of such entities or business27
48	34		associations, that exists for the purpose of making profit and is:28
49	35		(A) Organized or incorporated in a foreign country of concern;29
50	36		(B) Owned or controlled by the government, a political subdivision, or a political party30
51	37		of a foreign country of concern; or31
52	38		(C) Has a principal place of business in a foreign country of concern.32
53	39		(3) 'Government of Russia' means the Russian Federation 'Foreign country of concern'33
54	40		means a country whose government is designated as a foreign adversary by the United34
55	41		States Secretary of Commerce pursuant to 15 C.F.R. Section 791.4.35
56	42		(4) 'Scrutinized company' means any company owned or operated by the government of36
57	43		Russia or the government of Belarus.37
58	44		(b) A scrutinized company shall be ineligible to, and shall not, bid on or submit a proposal38
59	45		for a contract with a state agency for goods or services Pursuant to the authority provided39
60	46		in subparagraph (a)(27)(B) of Code Section 50-25-4, the Georgia Technology Authority40
61	47		shall maintain an up-to-date list of concerned goods produced by a foreign company of41
62	48		concern or a foreign country of concern.42
63		-	H. B. 113
64		-	- 2 - 25 HB 113/AP
	49	+	- 2 - 25 LC 44 3152-ECS
65	50		(c) A state agency shall require a company that submits a bid or proposal with respect to43
66	51		a contract for goods or services to certify that the company is not a scrutinized company44
67	52		The state or a state agency shall not purchase concerned goods from a foreign company of45
68	53		concern, a foreign country of concern, or a third-party vendor or reseller.46
69	54		(d) If the Department of Administrative Services determines that a company has submitted47
70	55		a false certification under subsection (c) of this Code section If a company of concern,48
71	56		directly or through a third-party vendor or reseller, sells concerned goods to the state or a49
72	57		state agency:50
73	58		(1) The foreign company of concern or third-party vendor or reseller shall be liable for51
74	59		a civil penalty in an amount that is equal to the greater of $250,000.00 or twice triple the52
75	60		amount of the contract for which a bid or proposal was submitted entire purchase value;53
76	61		(2) The state agency or the Department of Administrative Services shall terminate the54
77	62		contract with the foreign company of concern or third-party vendor or reseller; and55
78	63		(3) The foreign company of concern or third-party vendor or reseller shall be ineligible56
79	64		to, and shall not, bid on a state contract for an award of future state contracts for a period57
80	65		determined by the Georgia Technology Authority."58
81	66		SECTION 2.59
82	67		Said title is further amended in said part by repealing Code Section 50-5-84.2, relating to60
83	68		contracting with companies owned by China.61
84	69		SECTION 3.62
85	70		Said title is further amended in Chapter 25, relating to the Georgia Technology Authority,63
86	71		by revising paragraph (27) of subsection (a) of Code Section 50-25-4, relating to general64
87	72		powers, as follows:65
88	73		"(27)(A) To establish and enforce standard specifications which shall apply to all66
89	74		technology and technology resource related supplies, materials, and equipment67
90		-	H. B. 113
91		-	- 3 - 25 HB 113/AP
92		-	purchased or to be purchased for the use of the state government or any of its agencies,
93		-	68
	75	+	- 3 - 25 LC 44 3152-ECS
	76	+	purchased or to be purchased for the use of the state government or any of its agencies,68
94	77		which specifications shall be based on and consistent with industry accepted open69
95		-	network architecture standards; and
96		-	70
	78	+	network architecture standards; and70
97	79		(B) To evaluate security risks associated with the purchase of technology-related goods71
98	80		and services made pursuant to Article 3 of Chapter 5 of this title and to determine to72
99	81		what extent the purchase of goods and services, in part or in whole, directly or73
100	82		indirectly, poses a potential security threat to this state or its residents;"74
101	83		SECTION 4.75
102	84		All laws and parts of laws in conflict with this Act are repealed. 76
103		-	H. B. 113
104	85		- 4 -