Georgia 2025-2026 Regular Session

Georgia House Bill HB137 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	25 LC 47 3227~~/AP~~
2		-	House Bill 137 ~~(AS PASSED HOUSE AND SENATE)~~
	1	+	25 LC 47 3227
	2	+	House Bill 137
3	3		By: Representatives Anderson of the 10
4	4		th
5	5		, Lumsden of the 12
6	6		th
7	7		, Hawkins of the 27
8	8		th
9	9		, Yearta
10	10		of the 152
11	11		nd
12	12		, Leverett of the 123
13	13		rd
14	14		, and others
15	15		A BILL TO BE ENTITLED
16	16		AN ACT
17	17		To amend Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to
18	18		1
19	19		contracts for public works, so as to increase the dollar value of certain public works contracts2
20	20		exempt from provisions relating to retention of contractual payments; to amend Article 103
21	21		of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to contracts and4
22	22		purchases by public schools, so as to increase the dollar value trigger of certain5
23	23		considerations related to in-state purchasing preferences for certain contracts and purchases;6
24	24		to amend Article 11 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated,7
25	25		relating to public school property and facilities, so as to increase the dollar value related to8
26	26		when certain school construction contracts must be subject to competitive bidding; to amend9
27	27		Chapter 4 of Title 32 of the Official Code of Georgia Annotated, relating to state, county, and10
28	28		municipal road systems, so as increase the dollar value of certain contracts counties and11
29	29		municipalities are prohibited from negotiating; to amend Chapter 91 of Title 36 of the12
30	30		Official Code of Georgia Annotated, relating to public works bidding, so as to increase the13
31	31		dollar values of certain public works construction contracts exempt from bidding14
32	32		requirements; to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of15
33	33		Georgia Annotated, relating to general authority, duties, and procedure for state purchasing,16
34	34		so as to increase the dollar value related to when construction or public works contracts must17
35	35		H. B. 137
36		-	- 1 - 25 LC 47 3227~~/AP~~
	36	+	- 1 - 25 LC 47 3227
37	37		be conducted and negotiated by the Department of Administrative Services; to provide for
38	38		18
39	39		related matters; to repeal conflicting laws; and for other purposes.19
40	40		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:20
41	41		SECTION 1.21
42	42		Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to contracts for22
43	43		public works, is amended in Code Section 13-10-80, relating to definitions, contract23
44	44		requirements, application, effect of greater benefits contracted for, and evidence of24
45	45		indebtedness paid, by revising subsection (c) as follows:25
46	46		"(c) This Code section shall not apply to:26
47	47		(1) Any contracts let by the Department of Transportation of this state for the27
48	48		construction, improvement, or maintenance of roads or highways in this state or purposes28
49	49		incidental thereto; or29
50	50		(2) Any contracts whose value or duration at the time of the award does not exceed30
51	51		$150,000.00
52	52		$250,000.00 or 45 days in duration."31
53	53		SECTION 2.32
54	54		Article 10 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to33
55	55		contracts and purchases by public schools, is amended in Code Section 20-2-500, relating34
56	56		to contracts for purchases authorized of certain supplies, materials, equipment, or agricultural35
57	57		products to give preference to in-state manufacturers or producers, purchases over36
58	58		$100,000.00, and vendor preferences, by revising subsection (a) as follows:37
59	59		"(a)(1) Local boards of education shall provide that contracts for or purchases of38
60	60		supplies, materials, equipment, or agricultural products, including but not limited to39
61	61		school buses but not including instructional materials or beverages for immediate40
62	62		consumption, for public elementary and secondary schools supported in whole or in part41
63	63		H. B. 137
64		-	- 2 - 25 LC 47 3227~~/AP~~
	64	+	- 2 - 25 LC 47 3227
65	65		from public funds shall give preference as far as may be reasonable and practicable to
66	66		42
67	67		such supplies, materials, equipment, and agricultural products as may be manufactured43
68	68		or produced in this state. Such preference shall not sacrifice quality.44
69	69		(2) Local boards of education shall provide that, in determining whether such a45
70	70		preference is reasonable in any case where the value of a contract for or purchase of such46
71	71		supplies, materials, equipment, or agricultural products exceeds $100,000.00
72	72		47
73	73		$250,000.00, the local school district shall consider, among other factors, information48
74	74		submitted by the bidder which may include the bidder's estimate of the multiplier effect49
75	75		on gross state domestic product and the effect on public revenues of the state and the50
76	76		effect on public revenues of political subdivisions resulting from acceptance of a bid or51
77	77		offer to sell Georgia manufactured or produced goods as opposed to out-of-state52
78	78		manufactured or produced goods. Any such estimates shall be in writing. No local53
79	79		school district shall divide a contract or purchase which exceeds $100,000.0054
80	80		$250,000.00 for the purpose of avoiding the requirements of this paragraph."55
81	81		SECTION 3.56
82	82		Article 11 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to57
83	83		public school property and facilities, is amended in Code Section 20-2-520, relating to58
84	84		acquiring and disposing of school sites and building, repairing, renting, and furnishing59
85	85		schoolhouses, by revising subsection (a) as follows:60
86	86		"(a) The county boards of education shall have the power to purchase, lease, or rent school61
87	87		sites; build, repair, or rent schoolhouses; purchase maps, globes, and school furniture; and62
88	88		make all arrangements necessary to the efficient operation of the schools. Such county63
89	89		boards are invested with the title, care, and custody of all schoolhouses or other property,64
90	90		with the power to control such property in such manner as they think will best serve the65
91	91		interests of the public schools; and when, in the opinion of the county board, any66
92	92		schoolhouse site has become unnecessary or inconvenient, they may sell it in the name of67
93	93		H. B. 137
94		-	- 3 - 25 LC 47 3227~~/AP~~
	94	+	- 3 - 25 LC 47 3227
95	95		the county board; and the conveyance for any such sale shall be executed by the president
96	96		68
97	97		or secretary of the county board, according to the order of the county board. Such county69
98	98		boards shall have the power to receive any gift, grant, donation, or devise made for the use70
99	99		of the public schools within the respective counties; and all conveyances of real estate71
100	100		which may be made to such a county board shall vest the property in such county board and72
101	101		its successors in office. Such county board may provide for the building of schoolhouses73
102	102		by a tax on all property located in the county and outside the territorial limits of any74
103	103		independent school system. The construction of all public school buildings must be75
104	104		approved by the county school superintendent and county board and must be according to76
105	105		the plans furnished by the county school authorities and the State Board of Education. All77
106	106		public school construction contracts in excess of $100,000.00
107	107		$250,000.00 shall be publicly78
108	108		advertised and awarded through an open and competitive process, regardless of the funding79
109	109		source."80
110	110		SECTION 4.81
111	111		Chapter 4 of Title 32 of the Official Code of Georgia Annotated, relating to state, county, and82
112	112		municipal road systems, is amended revising Code Section 32-4-63, relating to limitations83
113	113		on power to contract and at least two estimates required for certain expenditures, as follows:84
114	114		"32-4-63.85
115	115		(a) A county is prohibited from negotiating a contract except a contract: 86
116	116		(1) Involving the expenditure of less than $200,000.00 $250,000.00;87
117	117		(2) With a state agency or county or municipality with which a county is authorized to88
118	118		contract in accordance with the provisions of Code Sections 32-4-61 and 32-4-62; 89
119	119		(3) For the purchase of those materials, supplies, and equipment necessary for the90
120	120		county's construction and maintenance of its public roads and for the support and91
121	121		maintenance of the county's forces used in such work, as authorized by Chapter 91 of92
122	122		Title 36; 93
123	123		H. B. 137
124		-	- 4 - 25 LC 47 3227~~/AP~~
	124	+	- 4 - 25 LC 47 3227
125	125		(4) Subject to Article 6 of Chapter 6 of this title, with a railroad or railway company or
126	126		94
127	127		a publicly or privately owned utility concerning relocation of its line, tracks, or facilities95
128	128		where the same are not then located in a public road and such relocation or96
129	129		grade-crossing elimination is necessary as an incident to the construction of a new public97
130	130		road or to the reconstruction or maintenance of an existing public road. Nothing98
131	131		contained in this paragraph shall be construed as requiring a county to furnish a site or99
132	132		right of way for railroad or railway lines or tracks of public utility facilities required to100
133	133		be removed from a public road;101
134	134		(5) For engineering or other kinds of professional or specialized services;102
135	135		(6) For emergency maintenance requiring immediate repairs to a public road, including103
136	136		but not limited to bridge repairs, snow and ice removal, and repairs due to flood104
137	137		conditions;105
138	138		(7) Otherwise expressly authorized by law; or106
139	139		(8) That is a design-build contract as provided for in Code Section 32-4-74.107
140	140		(b) No contract involving an expenditure of more than $20,000.00 but less than108
141	141		$200,000.00
142	142		$250,000.00 shall be awarded under this Code section without the submission109
143	143		of at least two estimates."110
144	144		SECTION 5.111
145	145		Said chapter is further amended by revising Code Section 32-4-113, relating to limitations112
146	146		on power to contract and at least two estimates required for certain expenditures, as follows:113
147	147		"32-4-113.114
148	148		(a) A municipality is prohibited from negotiating a contract except a contract:115
149	149		(1) Involving the expenditure of less than $200,000.00 $250,000.00;116
150	150		(2) With a state agency or political subdivision as authorized by Code Sections 32-4-111117
151	151		and 32-4-112;118
152	152		H. B. 137
153		-	- 5 - 25 LC 47 3227~~/AP~~
	153	+	- 5 - 25 LC 47 3227
154	154		(3) With a railroad or railway company or a publicly or privately owned utility as
155	155		119
156	156		authorized by Article 6 of Chapter 6 of this title;120
157	157		(4) For engineering or other kinds of professional or specialized services;121
158	158		(5) For emergency maintenance requiring immediate repairs to a public road, including122
159	159		but not limited to bridge repairs, snow and ice removal, and repairs due to flood123
160	160		conditions; or124
161	161		(6) Otherwise expressly authorized by law.125
162	162		(b) No contract involving an expenditure of more than $20,000.00 but less than126
163	163		$200,000.00
164	164		$250,000.00 shall be awarded under this Code section without the submission127
165	165		of at least two estimates."128
166	166		SECTION 6.129
167	167		Chapter 91 of Title 36 of the Official Code of Georgia Annotated, relating to public works130
168	168		bidding, is amended in Code Section 36-91-22, relating to exceptions, use of inmate labor,131
169	169		and emergency situations, by revising subsections (a) and (g) as follows:132
170	170		"(a) The requirements of this chapter shall not apply to public works construction projects,133
171	171		when the same can be performed at a cost of less than $100,000.00 $250,000.00. Public134
172	172		works construction projects shall not be subdivided in an effort to evade the provisions of135
173	173		this chapter."136
174	174		"(g) The requirements of this chapter shall not apply to public works construction projects137
175	175		or any portion of a public works construction project self-performed by a governmental138
176	176		entity. If the governmental entity contracts with a private person or entity for a portion of139
177	177		such project, the provisions of this chapter shall apply to any such contract estimated to140
178	178		exceed $100,000.00 $250,000.00."141
179	179		H. B. 137
180		-	- 6 - 25 LC 47 3227~~/AP~~
	180	+	- 6 - 25 LC 47 3227
181	181		SECTION 7.
182	182		142
183	183		Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated,143
184	184		relating to general authority, duties, and procedure for state purchasing, is amended in Code144
185	185		Section 50-5-72, relating to construction and public works contracts conducted by145
186	186		department, advertising costs, and exceptions, by revising subsection (a) as follows:146
187	187		"(a) Notwithstanding any other provision of this part or any other law dealing with the147
188	188		subject matter contained in this Code section to the contrary, all construction or public148
189	189		works contracts, exceeding a total expenditure of $100,000.00
190	190		$250,000.00, of any149
191	191		department, board, bureau, commission, office, or agency of the state government, except150
192	192		as provided in this Code section, shall be conducted and negotiated by the Department of151
193	193		Administrative Services in accordance with this part; provided, however, that any152
194	194		expenditure of less than $100,000.00 $250,000.00 shall still be subject to review and153
195	195		approval by the Department of Administrative Services, which may approve154
196	196		noncompetitive expenditures of up to $100,000.00 $250,000.00."155
197	197		SECTION 8.156
198	198		All laws and parts of laws in conflict with this Act are repealed.157
199	199		H. B. 137
200	200		- 7 -