reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 5 - DEPARTMENT OF ADMINISTRATIVE SERVICES (§§ 50-5-1 — 50-5-160) › Article 3 - STATE PURCHASING (§§ 50-5-50 — 50-5-138) › Part 1 - GENERAL AUTHORITY, DUTIES, AND PROCEDURE (§§ 50-5-50 — 50-5-85) › Section 50-5-85 - Prohibition on contracting with companies without certification against boycott of Israel

(a)
As used in this Code section, the term:
(1)
"Boycott of Israel" means engaging in refusals to deal with, terminating business activities with, or other actions that are intended to limit commercial relations with Israel or companies doing business in Israel, with Israel, organized under the laws of the State of Israel, or licensed by Israel to do business in Israel, when such actions are taken:
(A)
In compliance or adherence to calls for a boycott of Israel other than those boycotts to which 50 U.S.C. App. Section 2407(c), as it existed on January 1, 2016, applies; or
(B)
In a manner that discriminates on the basis of nationality, national origin, religion, or other unreasonable basis that is not founded on a valid business reason.
(2)
"Company" means any organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or other entity or business association which employs more than five persons but excludes individuals and sole proprietorships, including all wholly owned subsidiaries, majority owned subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for the purpose of making profit.
(b)
The state shall not enter into a contract valued at $100,000.00 or more with a company if the contract is related to construction or the provision of services, supplies, or information technology unless the contract includes a written certification that such company is not currently engaged in, and agrees for the duration of the contract not to engage in, a boycott of Israel.
Amended by 2022 Ga. Laws 515,§ 1, eff. 7/1/2022.
Amended by 2017 Ga. Laws 275,§ 50, eff. 5/9/2017.
Added by 2016 Ga. Laws 378,§ 1, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 5 - DEPARTMENT OF ADMINISTRATIVE SERVICES (§§ 50-5-1 — 50-5-160) › Article 3 - STATE PURCHASING (§§ 50-5-50 — 50-5-138) › Part 2 - LOCAL POLITICAL SUBDIVISION PURCHASES (§§ 50-5-100 — 50-5-103) › Section 50-5-100 - Local political subdivision purchases through state authorized

The Department of Administrative Services is authorized to permit local political subdivisions, on an optional basis, to purchase their supplies through the state.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 5 - DEPARTMENT OF ADMINISTRATIVE SERVICES (§§ 50-5-1 — 50-5-160) › Article 3 - STATE PURCHASING (§§ 50-5-50 — 50-5-138) › Part 2 - LOCAL POLITICAL SUBDIVISION PURCHASES (§§ 50-5-100 — 50-5-103) › Section 50-5-101 - Determination to purchase through state

The governing authorities of each of the local political subdivisions in this state shall have the right, from time to time, to determine through study whether an overall substantial price advantage will result to a political subdivision by the means of a local political subdivision either alone or in conjunction with another political subdivision bidding through the Department of Administrative Services on standard items of equipment, supplies, or services or other standard expenses ordinarily needed, procured, or incurred by such governments without a sacrifice of safety or quality. If the governing authority of any political subdivision shall determine that such a price advantage may be obtained by such means on any one or more of such items or expenses, the governing authority or authorities shall make this fact known to the Department of Administrative Services. After receipt of such notice from the political subdivisions, the Department of Administrative Services shall, after consultation with the governing authorities, establish sets of uniform standard specifications for such item or items as may be reasonably required in order to meet the needs and requirements of the requesting political subdivision. The governing authorities of the requesting political subdivision shall, at such times as the Department of Administrative Services shall prescribe, report its probable annual requirements for the standard items to the Department of Administrative Services and the requested time for delivery of the items. The Department of Administrative Services shall compile the requirements together with such other information as may be needed for the purpose of advertising for bids for a uniform state price on the items.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 5 - DEPARTMENT OF ADMINISTRATIVE SERVICES (§§ 50-5-1 — 50-5-160) › Article 3 - STATE PURCHASING (§§ 50-5-50 — 50-5-138) › Part 2 - LOCAL POLITICAL SUBDIVISION PURCHASES (§§ 50-5-100 — 50-5-103) › Section 50-5-102 - Competitive bidding procedure

The Department of Administrative Services shall advertise for bids for supply of such items in the same manner followed for state purchases; provided, however, that the Department of Administrative Services shall inform prospective bidders that the bid requested is for the furnishing of the items to the designated political subdivisions at the times specified on the basis of a single state price applicable to all such local political subdivisions; that payment for the items as may be purchased by the political subdivisions shall be made by the respective political subdivision to the bidder; that no guarantee is made that any purchase will be made from the successful bidder as a result of such bid; and such other information as may be appropriate under the circumstances. The Department of Administrative Services shall, upon receipt of bids, process the same in the same manner followed for state purchases and promptly notify the governing authorities of the political subdivisions of the name of the successful bidder, the bid price, the terms of delivery guaranteed by the successful bidder, and any other pertinent information. The commissioner of administrative services shall prescribe regulations necessary for implementation and enforcement of this part and is authorized to establish minimum standards and uniform standard specifications and procedures for the purchase and distribution of equipment, supplies, services, and other expenses for the local political subdivisions of this state.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 5 - DEPARTMENT OF ADMINISTRATIVE SERVICES (§§ 50-5-1 — 50-5-160) › Article 3 - STATE PURCHASING (§§ 50-5-50 — 50-5-138) › Part 2 - LOCAL POLITICAL SUBDIVISION PURCHASES (§§ 50-5-100 — 50-5-103) › Section 50-5-103 - Purchase of items in name of state

Notwithstanding any law to the contrary, the Department of Administrative Services, upon receiving a request to do so from a political subdivision, may purchase for the political subdivision in the name of the state any motor vehicle, material, equipment, or supplies desired by the political subdivision. The commissioner of administrative services is authorized to prescribe such rules, regulations, and procedures as he shall deem advisable concerning the purchase of motor vehicles, material, equipment, and supplies for the political subdivisions. However, no motor vehicle, material, equipment, or supplies shall be purchased in accordance with this Code section until the political subdivision shall place in the hands of the Department of Administrative Services a certified or cashier's check in an amount sufficient to cover the purchase price of the motor vehicle, material, equipment, or supplies. The Department of Administrative Services is authorized and empowered to execute the necessary documents to divest the state of all title in and to such motor vehicles, material, equipment, or supplies, and to vest in the political subdivision for whom the motor vehicle, material, equipment, or supplies were purchased all such rights in and title to the vehicles, material, equipment, or supplies.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 5 - DEPARTMENT OF ADMINISTRATIVE SERVICES (§§ 50-5-1 — 50-5-160) › Article 3 - STATE PURCHASING (§§ 50-5-50 — 50-5-138) › Part 3 - SMALL BUSINESS ASSISTANCE (§§ 50-5-120 — 50-5-124) › Section 50-5-120 - [Repealed and Reserved]

Repealed and reserved by 2024 Ga. Laws 609,§ 11-1, eff. 5/6/2024.
Amended by 2015 Ga. Laws 197,§ 4, eff. 7/1/2015.
Amended by 2012 Ga. Laws 679,§ 2-2-2, eff. 7/1/2015.
Amended by 2012 Ga. Laws 679,§ 1-1-2, eff. 7/1/2012.
See 2012 Ga. Laws 679, § 3-3-1.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 5 - DEPARTMENT OF ADMINISTRATIVE SERVICES (§§ 50-5-1 — 50-5-160) › Article 3 - STATE PURCHASING (§§ 50-5-50 — 50-5-138) › Part 3 - SMALL BUSINESS ASSISTANCE (§§ 50-5-120 — 50-5-124) › Section 50-5-121 - [Repealed and Reserved]

Repealed and reserved by 2024 Ga. Laws 609,§ 11-1, eff. 5/6/2024.
Amended by 2021 Ga. Laws 161,§ 1, eff. 7/1/2021.
Amended by 2015 Ga. Laws 197,§ 5, eff. 7/1/2015.
Amended by 2012 Ga. Laws 679,§ 2-2-3, eff. 7/1/2015.
Amended by 2012 Ga. Laws 679,§ 1-1-3, eff. 7/1/2012.
See 2012 Ga. Laws 679, § 3-3-1.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 5 - DEPARTMENT OF ADMINISTRATIVE SERVICES (§§ 50-5-1 — 50-5-160) › Article 3 - STATE PURCHASING (§§ 50-5-50 — 50-5-138) › Part 3 - SMALL BUSINESS ASSISTANCE (§§ 50-5-120 — 50-5-124) › Section 50-5-122 - [Repealed and Reserved]

Repealed and reserved by 2024 Ga. Laws 609,§ 11-1, eff. 5/6/2024.
Amended by 2021 Ga. Laws 161,§ 2, eff. 7/1/2021.
Amended by 2016 Ga. Laws 625,§ 50, eff. 5/3/2016.
Amended by 2015 Ga. Laws 197,§ 6, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 5 - DEPARTMENT OF ADMINISTRATIVE SERVICES (§§ 50-5-1 — 50-5-160) › Article 3 - STATE PURCHASING (§§ 50-5-50 — 50-5-138) › Part 3 - SMALL BUSINESS ASSISTANCE (§§ 50-5-120 — 50-5-124) › Section 50-5-123 - [Repealed and Reserved]

Repealed and reserved by 2024 Ga. Laws 609,§ 11-1, eff. 5/6/2024.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 5 - DEPARTMENT OF ADMINISTRATIVE SERVICES (§§ 50-5-1 — 50-5-160) › Article 3 - STATE PURCHASING (§§ 50-5-50 — 50-5-138) › Part 3 - SMALL BUSINESS ASSISTANCE (§§ 50-5-120 — 50-5-124) › Section 50-5-124 - [Repealed and Reserved]

Repealed and reserved by 2024 Ga. Laws 609,§ 11-1, eff. 5/6/2024.
Amended by 2009 Ga. Laws 74,§ 16, eff. 4/30/2009.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 5 - DEPARTMENT OF ADMINISTRATIVE SERVICES (§§ 50-5-1 — 50-5-160) › Article 3 - STATE PURCHASING (§§ 50-5-50 — 50-5-138) › Part 4 - MINORITY BUSINESS ENTERPRISE DEVELOPMENT (§§ 50-5-130 — 50-5-133) › Section 50-5-130 - Purpose

The General Assembly recognizes that the preservation and expansion of the American economic system of private enterprise is through free competition, but it also recognizes that the security and well-being brought about by such competition cannot be realized unless the actual and potential capacity of minority business enterprises, women owned businesses, and veteran owned businesses is encouraged and developed. Therefore, it is the intent of the General Assembly that the state define a 'minority business enterprise,' "women owned business," and "veteran owned business" for purposes of representation in the area of procurement of state contracts for construction, services, equipment, and goods.
Amended by 2023 Ga. Laws 21,§ 4, eff. 1/1/2024.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 5 - DEPARTMENT OF ADMINISTRATIVE SERVICES (§§ 50-5-1 — 50-5-160) › Article 3 - STATE PURCHASING (§§ 50-5-50 — 50-5-138) › Part 4 - MINORITY BUSINESS ENTERPRISE DEVELOPMENT (§§ 50-5-130 — 50-5-133) › Section 50-5-131 - Definitions

As used in this part, the term:
(1)
"Minority" means an individual who is a member of a race which comprises less than 50 percent of the total population of the state and is:
(A)
Black;
(B)
Hispanic;
(C)
Asian-Pacific American;
(D)
Native American; or
(E)
Asian-Indian American.
(2)
"Minority business enterprise" means a business which is owned and controlled by one or more minorities; authorized to do and is doing business under the laws of this state; paying all taxes duly assessed; and domiciled within this state.
(3)
"Owned and controlled" means a business:
(A)
Which is at least 51 percent owned by one or more minorities, women, or veterans or, in the case of a publicly owned business, at least 51 percent of all classes or types of the stock is owned by one or more minorities, women, or veterans; and
(B)
Whose management and daily business operations are controlled by one or more minorities, women, or veterans.
(4)
"Veteran" means an individual who:
(A)
Served on active duty with the Army, Air Force, Navy, Marine Corps, Space Force, or Coast Guard for any length of time and did not receive a dishonorable discharge; or
(B)
Was a reservist or member of the National Guard who was called to federal active duty.
(5)
"Veteran owned business" means a business which is owned and controlled by one or more veterans; authorized to do and is doing business under the laws of this state; paying all taxes duly assessed; and domiciled within this state.
(6)
"Women owned business" means a business which is owned and controlled by one or more women; authorized to do and is doing business under the laws of this state; paying all taxes duly assessed; and domiciled within this state.
Amended by 2023 Ga. Laws 21,§ 4, eff. 1/1/2024.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 5 - DEPARTMENT OF ADMINISTRATIVE SERVICES (§§ 50-5-1 — 50-5-160) › Article 3 - STATE PURCHASING (§§ 50-5-50 — 50-5-138) › Part 4 - MINORITY BUSINESS ENTERPRISE DEVELOPMENT (§§ 50-5-130 — 50-5-133) › Section 50-5-132 - Eligibility and procedures for certification; appeal of denial

(a)
Any minority business enterprise, women owned business, or veteran owned business that desires to claim such status under any law of this state or any regulation promulgated pursuant thereto shall first apply for certification to the Department of Administrative Services.
(b)
The Department of Administrative Services shall certify a business which meets the eligibility requirement of this part and any other such eligibility requirements as determined by the Department of Administrative Services to qualify as a minority business enterprise, women owned business, or veteran owned business. To qualify as a minority business enterprise, women owned business, or veteran owned business, the business shall:
(1)
Be a minority business enterprise, women owned business, or veteran owned business;
(2)
Submit any documentary evidence to support its status as a minority business enterprise, women owned business, or veteran owned business; and
(3)
Be qualified to bid pursuant to the provisions of the Department of Administrative Services and other state agencies.
(c)
The Department of Administrative Services shall prepare and maintain a list of certified minority business enterprises, women owned businesses, and veteran owned businesses.
(d)
The Department of Administrative Services may deny certification to any minority business enterprise, women owned business, or veteran owned business which does not qualify as such under the provisions of this part. Any person adversely affected by an order of the Department of Administrative Services denying certification as a minority business enterprise, women owned business, or veteran owned business may appeal as provided in the regulations of the Department of Administrative Services.
Amended by 2023 Ga. Laws 21,§ 4, eff. 1/1/2024.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 5 - DEPARTMENT OF ADMINISTRATIVE SERVICES (§§ 50-5-1 — 50-5-160) › Article 3 - STATE PURCHASING (§§ 50-5-50 — 50-5-138) › Part 4 - MINORITY BUSINESS ENTERPRISE DEVELOPMENT (§§ 50-5-130 — 50-5-133) › Section 50-5-133 - Fraud in certification process; penalty; effect of multiple violations

(a)
It shall be unlawful for a person to:
(1)
Knowingly and with intent to defraud, fraudulently obtain, retain, attempt to obtain or retain, or aid another in fraudulently obtaining or retaining or attempting to obtain or retain certification as a minority business enterprise, women owned business, or veteran owned business for the purposes of this part;
(2)
Knowingly and willfully make a false statement with the intent to defraud, whether by affidavit, report, or other representation, to a state official or employee for the purpose of influencing the certification or denial of any certification of any entity as a minority business enterprise, women owned business, or veteran owned business;
(3)
Knowingly and willfully obstruct, impede, or attempt to obstruct or impede any state official or employee who is investigating the qualifications of a business entity which has requested certification as a minority business enterprise, women owned business, or veteran owned business;
(4)
Knowingly and willfully with intent to defraud, fraudulently obtain, attempt to obtain, or aid another person in fraudulently obtaining or attempting to obtain public moneys to which the person is not entitled under this part; or
(5)
Knowingly and willfully assign any contract awarded pursuant to the Department of Administrative Services to any other business enterprise without prior written approval of the Department of Administrative Services.
(b)
Any person convicted of violating any provision of this Code section shall be guilty of a felony, punishable by imprisonment for not more than five years or a fine of not more than $10,000.00 or both such imprisonment and fine.
(c)
If a contractor, subcontractor, supplier, subsidiary, principal, or affiliate thereof has been found to have violated this Code section and that violation occurred within three years of another violation of this Code section, the Department of Administrative Services shall prohibit that contractor, subcontractor, supplier, subsidiary, or affiliate thereof from entering into a state project or state contract; from further bidding to a state entity; from being a subcontractor to a contractor for a state entity; and from being a supplier to a state entity.
Amended by 2023 Ga. Laws 21,§ 4, eff. 1/1/2024.
Amended by 2013 Ga. Laws 33,§ 50, eff. 2/24/2013.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 5 - DEPARTMENT OF ADMINISTRATIVE SERVICES (§§ 50-5-1 — 50-5-160) › Article 3 - STATE PURCHASING (§§ 50-5-50 — 50-5-138) › Part 5 - STATE USE COUNCIL (§§ 50-5-135 — 50-5-138) › Section 50-5-135 - Creation; membership; terms; appointments; compensation; existence

(a)
There is created the State Use Council, hereafter referred to as the council. The council shall be composed of 16 members as follows:
(1)
The commissioner of administrative services or his or her designee;
(2)
The commissioner of human services or his or her designee;
(2.1)
The commissioner of behavioral health and developmental disabilities or his or her designee;
(3)
The commissioner of community affairs or his or her designee;
(4)
The commissioner of corrections or his or her designee;
(5)
Five members appointed by the Governor who shall represent the business community of the state;
(6)
Three members appointed by the Governor who shall represent a broad spectrum of persons with disabilities; and
(7)
Three members appointed by the Governor who shall represent the interest of organizations representative of persons with disabilities.
(b)
Initially, the 11 members appointed pursuant to paragraphs (5) through (7) in subsection (a) of this Code section shall serve staggered terms of office as follows: four members for two years, four members for three years, and three members for four years. Thereafter, each member shall serve for a term of four years. Such members shall serve until the appointment and qualification of their successors. The members appointed by the Governor shall be selected from the state at large but shall be representative of all of the geographic areas of the state.
(c)
All successors shall be appointed in the same manner as original appointments. Vacancies in office shall be filled in the same manner as original appointments. An appointment to fill a vacancy shall be for the unexpired term. The council shall elect its own officers. No vacancy on the council shall impair the right of the quorum to exercise all rights and perform all duties of the council.
(d)
The members of the council shall receive no compensation for their services but shall be entitled to and shall be reimbursed for their actual expenses, including travel and any other expenses incurred in the performance of their duties. Reimbursement for travel by a personal motor vehicle shall be made in the same manner and subject to the same limitations as provided for state employees under Code Section
50-19-7
.
(e)
The council shall have perpetual existence. Any change in name or composition of the council shall in no way affect the vested rights of any person under this part or impair the obligations of any contracts existing under this part.
Amended by 2013 Ga. Laws 33,§ 50, eff. 2/24/2013.
Amended by 2010 Ga. Laws 418,§ 22, eff. 7/1/2010.
Amended by 2009 Ga. Laws 102,§ 2-4, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 5 - DEPARTMENT OF ADMINISTRATIVE SERVICES (§§ 50-5-1 — 50-5-160) › Article 3 - STATE PURCHASING (§§ 50-5-50 — 50-5-138) › Part 5 - STATE USE COUNCIL (§§ 50-5-135 — 50-5-138) › Section 50-5-137 - Participation of certified community based rehabilitation programs

Notwithstanding any other provisions of law to the contrary, certified community based rehabilitation programs and training centers conducting contract work under the state use plan and under the auspices of the central nonprofit agency shall not be required to have prior experience in providing the goods, wares, merchandise, or services in a given contract in order to participate in these contracts.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 5 - DEPARTMENT OF ADMINISTRATIVE SERVICES (§§ 50-5-1 — 50-5-160) › Article 3 - STATE PURCHASING (§§ 50-5-50 — 50-5-138) › Part 5 - STATE USE COUNCIL (§§ 50-5-135 — 50-5-138) › Section 50-5-138 - Procurement of contracts with central nonprofit agency; fee; cancellation or modification; grandfathered contracts

(a)
The Department of Administrative Services shall contract with the central nonprofit agency to pay a fee to such agency on the basis of contracts procured from the state. This fee shall be not less than 5 percent nor more than 8 percent of the total contract fee awarded for a particular project. The fees will be added to the fair market price paid by the state agencies and political subdivisions or will be paid from assessments received from the state agencies and political subdivisions by the Department of Administrative Services. The timeliness and methodology of collection of these fees will be decided upon between the Department of Administrative Services and the central nonprofit agency and shall be incorporated into such contract.
(b)
The commissioner of administrative services retains the right to cancel or modify contracts which have been selected for procurement under this part for nonperformance and noncompetitive pricing reasons.
(c)
All contracts which presently exist between the State of Georgia and community based rehabilitation programs and training centers in Georgia, including the State of Georgia administered Georgia Industries for the Blind, shall be grandfathered in perpetuity, excepting for nonperformance reasons according to the policies, regulations, and determination of the Department of Administrative Services.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 5 - DEPARTMENT OF ADMINISTRATIVE SERVICES (§§ 50-5-1 — 50-5-160) › Article 4 - DISPOSITION OF SURPLUS PROPERTY (§§ 50-5-140 — 50-5-146) › Section 50-5-140 - Lists of surplus property

It shall be the duty and responsibility of the head of each department, institution, or agency of the state to furnish, upon written request by the Department of Administrative Services on such forms as provided by it, a list of all surplus personal property held by that department, institution, or agency at the time of the request. These requests may be made by the Department of Administrative Services as often as it deems necessary.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 5 - DEPARTMENT OF ADMINISTRATIVE SERVICES (§§ 50-5-1 — 50-5-160) › Article 4 - DISPOSITION OF SURPLUS PROPERTY (§§ 50-5-140 — 50-5-146) › Section 50-5-141 - Transfer, sale, trade, or destruction authorized; certain employee purchases prohibited

(a)
The Department of Administrative Services is authorized and it shall be its duty to dispose of surplus property by one of the following means:
(1)
Transfer to other state agencies;
(2)
Sell to the highest responsible bidder for cash;
(3)
Sell by fixed price; provided, however, that surplus property sold by fixed price shall have been originally purchased by the state for an amount of $5,000.00 or less;
(4)
Trade in such surplus property on the purchase of new equipment if the Department of Administrative Services shall determine that such action is for the best interest of the state; or
(5)
Where the Department of Administrative Services shall determine that the surplus property has no value or that the cost of maintaining and selling the surplus property exceeds the anticipated proceeds from the sale of the surplus property, by destruction and disposal and order of removal from the inventory of the department, institution, or agency with such action noted thereon.
(b)
No employee of the Department of Administrative Services or such employee's immediate family member shall purchase surplus property sold by fixed price or negotiated sale; nor shall any person purchase surplus property by fixed price or negotiated sale for the direct or indirect benefit of any such employee or employee's immediate family member.
Amended by 2007 Ga. Laws 18,§ 50, eff. 5/11/2007.
Amended by 2006 Ga. Laws 552,§ 1, eff. 4/21/2006.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 5 - DEPARTMENT OF ADMINISTRATIVE SERVICES (§§ 50-5-1 — 50-5-160) › Article 4 - DISPOSITION OF SURPLUS PROPERTY (§§ 50-5-140 — 50-5-146) › Section 50-5-142 - Rules and regulations

The commissioner of administrative services shall promulgate such rules and regulations as may be required to carry out Code Sections
50-5-140
,
50-5-141
,
50-5-143
,
50-5-144
, and
50-5-146
and shall establish procedures for the disposition of surplus property, including the manner whereby the sale of surplus property shall be advertised and competitive bids for the purchase thereof shall be secured.
Amended by 2006 Ga. Laws 552,§ 2, eff. 4/21/2006.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 5 - DEPARTMENT OF ADMINISTRATIVE SERVICES (§§ 50-5-1 — 50-5-160) › Article 4 - DISPOSITION OF SURPLUS PROPERTY (§§ 50-5-140 — 50-5-146) › Section 50-5-143 - Transfer to political subdivision by negotiated sale; conditions

(a)
As used in this Code section, the term "political subdivision" means any county or municipality or any county or independent board of education.
(b)
In addition to the authority provided in Code Section
50-5-141
, the Department of Administrative Services shall be further authorized to dispose of surplus property by the transfer of the property to any political subdivision through a negotiated sale if the Department of Administrative Services determines that such sale would be in the best interests of the state, and, under the circumstances, the negotiated sales price would constitute a reasonable consideration for the property.
(c)
When any surplus property is transferred to a political subdivision, pursuant to subsection (b) of this Code section, such transfer shall be subject to the following conditions:
(1)
The property shall not be resold by any such political subdivision within one year after the transfer without the written consent of the Department of Administrative Services; and
(2)
The Department of Administrative Services shall have the right, which shall be exercised at its discretion, to supervise the resale of the property at public outcry to the highest responsible bidder if the resale of the property is within one year after such transfer.
Amended by 2020 Ga. Laws 496,§ 1, eff. 1/1/2021.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 5 - DEPARTMENT OF ADMINISTRATIVE SERVICES (§§ 50-5-1 — 50-5-160) › Article 4 - DISPOSITION OF SURPLUS PROPERTY (§§ 50-5-140 — 50-5-146) › Section 50-5-144 - Transfer to charitable institutions or public corporations by negotiated sale; conditions

(a)
As used in this Code section, the term:
(1)
"Charitable institution" means any nonprofit tax-exempt person, firm, or corporation.
(2)
"Public corporation" means any public authority or other public corporation created by or pursuant to the laws of any state.
(b)
In addition to any other authority provided by Code Sections
50-5-140
through
50-5-143
, this Code section, and Code Section
50-5-146
, the Department of Administrative Services shall be authorized to dispose of surplus property, including surplus property subject to paragraph (7) of Code Section
50-5-51
, by the transfer of the property to any charitable institution or public corporation through a negotiated sale if the department determines that such sale would be in the best interest of the state, and, under the circumstances, the negotiated sales price would constitute a reasonable consideration for the property.
(c)
When any surplus property is sold to a charitable institution or to a public corporation pursuant to subsection (b) of this Code section, the sale shall be subject to the following conditions:
(1)
The property shall not be resold by the purchaser within one year after the sale without the written consent of the Department of Administrative Services; and
(2)
The Department of Administrative Services shall have the right and obligation to supervise the resale of the property at public outcry to the highest responsible bidder if the resale is within one year after the sale and, if the resale price exceeds the original negotiated sales price, the amount of the excess shall be paid to the Department of Administrative Services.
Amended by 2023 Ga. Laws 353,§ 6, eff. 7/1/2023.
Amended by 2020 Ga. Laws 496,§ 2, eff. 1/1/2021.
Amended by 2006 Ga. Laws 552,§ 3, eff. 4/21/2006.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 5 - DEPARTMENT OF ADMINISTRATIVE SERVICES (§§ 50-5-1 — 50-5-160) › Article 4 - DISPOSITION OF SURPLUS PROPERTY (§§ 50-5-140 — 50-5-146) › Section 50-5-145 - Limited application of provisions

Nothing contained within Code Sections
50-5-140
through
50-5-144
and
50-5-146
shall be construed so as to apply to any real property owned by the state, and such Code sections shall not apply to such property, nor shall such Code sections be construed so as to prohibit the Attorney General from distributing or selling the published reports of the opinions of the Attorney General.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 5 - DEPARTMENT OF ADMINISTRATIVE SERVICES (§§ 50-5-1 — 50-5-160) › Article 4 - DISPOSITION OF SURPLUS PROPERTY (§§ 50-5-140 — 50-5-146) › Section 50-5-146 - Penalty

Any person who causes state property having a value of less than $200.00 to be disposed of in violation of this article shall be guilty of a misdemeanor. If such property has a value of $200.00 or more, he or she shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than five years.
Amended by 2006 Ga. Laws 552,§ 4, eff. 4/21/2006.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 5 - DEPARTMENT OF ADMINISTRATIVE SERVICES (§§ 50-5-1 — 50-5-160) › Article 5 - [REPEALED] (§ 50-5-160) › Section 50-5-160 - through 50-5-202 - [Repealed]

Repealed by Ga. L. 2008, p. 1015, § 10/SB 344, effective May 14, 2008.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 5A - OFFICE OF STATE TREASURER (§§ 50-5A-1 — 50-5A-11) › Section 50-5A-1 - Office created; appointment of state treasurer; personnel

There is created the Office of the State Treasurer. The state treasurer shall be both appointed and removed by the State Depository Board and shall be in the unclassified service. The state treasurer shall hire the personnel for the office and shall supervise, direct, account for, organize, plan, and execute the functions vested in the office.
Amended by 2010 Ga. Laws 621,§ 1, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 5A - OFFICE OF STATE TREASURER (§§ 50-5A-1 — 50-5A-11) › Section 50-5A-2 - State treasurer required to give bond; conditions

The state treasurer shall post bond to the state in the sum of $200,000.00 with a bonding company duly licensed to do business in the state and approved by the Governor, the annual premium of the bond to be paid from funds appropriated to the Office of the State Treasurer. The bond shall be conditioned as follows:
(1)
That the state treasurer faithfully discharge, execute, and perform all and singular the duties required of him or her by virtue of the office and the Constitution and laws of this state;
(2)
That the state treasurer faithfully account for and pay over all state moneys received by him or her from time to time by virtue of the office; and
(3)
That the state treasurer safely deliver to his or her successor all records, moneys, vouchers, accounts, and effects whatsoever belonging to the office.
Amended by 2010 Ga. Laws 621,§ 1, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 5A - OFFICE OF STATE TREASURER (§§ 50-5A-1 — 50-5A-11) › Section 50-5A-3 - Property of state treasurer liable for faithful performance; lien in favor of state

The surety may, by express stipulation in writing, limit its liability to a specific sum to be stated in the bond of the state treasurer, and all the property of the state treasurer to the full amount of the bond and the property of the securities to the amount for which they may be severally bound shall be liable for the faithful performance by the state treasurer of the duties of the office from the date of the execution of the bond. A lien is created in favor of the state upon the property of the state treasurer to the amount of the bond and upon the property of the securities upon the bond to the amount for which they may be severally liable, from the date of the execution of the bond.
Amended by 2010 Ga. Laws 621,§ 1, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 5A - OFFICE OF STATE TREASURER (§§ 50-5A-1 — 50-5A-11) › Section 50-5A-4 - Bond to be recorded and filed

The bond of the state treasurer, when duly executed and approved, shall be recorded in the Secretary of State's office and filed in the office of the Governor.
Amended by 2011 Ga. Laws 52,§; 94, eff. 1/1/2013.
Amended by 2010 Ga. Laws 621,§; 1, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 5A - OFFICE OF STATE TREASURER (§§ 50-5A-1 — 50-5A-11) › Section 50-5A-5 - Renewal of bond when insufficient; vacancy in office upon refusal to renew bond; appointment to fill vacancy

The Governor, at all times when, in the Governor's opinion, the security or securities of the state treasurer have or are likely to become invalid or insufficient, shall demand and require the state treasurer forthwith to renew the bond to the state, in the amount and according to the form prescribed in Code Sections
50-5A-2
through
50-5A-4
, and in case of neglect or refusal by any state treasurer to give bond, with security or securities, within ten days after the same is demanded and required by the Governor, such neglect or refusal shall be a disqualification under the law and shall create a vacancy in the office of the state treasurer. The State Depository Board shall forthwith appoint a fit and proper person to fill the vacancy occasioned thereby; and the appointee shall give bond and security in the same manner and upon the same terms as prescribed for the state treasurer.
Amended by 2010 Ga. Laws 621,§ 1, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 5A - OFFICE OF STATE TREASURER (§§ 50-5A-1 — 50-5A-11) › Section 50-5A-6 - Execution instanter against state treasurer when liable to state

If the state treasurer fails to perform the duties of the office, misapplies or misuses the funds of the state, or fails to account for and pay over any moneys that he or she may have received by virtue of the office, whereby the state treasurer becomes liable to the state, it shall not be necessary to bring an action on the official bond; but the Governor may issue an execution instanter against the state treasurer and the securities for the amount due the state by the state treasurer, with penalties and costs. The execution shall be directed to all and singular sheriffs of this state and shall be executed by them. The state treasurer and securities shall have only those defenses allowed tax collectors against executions issued against them by the state revenue commissioner.
Amended by 2010 Ga. Laws 621,§ 1, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 5A - OFFICE OF STATE TREASURER (§§ 50-5A-1 — 50-5A-11) › Section 50-5A-7 - Powers and duties

(a)
It shall be the power and duty of the Office of the State Treasurer:
(1)
To receive and keep safely all moneys which shall from time to time be paid to the treasury of this state, and to pay all warrants legally drawn on the treasury by the Governor and countersigned by the comptroller general or, in the comptroller general's absence, by the deputy comptroller general, and to pay all drafts of the President of the Senate and the Speaker of the House of Representatives for sums lawfully due the members and officers of their respective bodies;
(2)
To keep good and sufficient accounting records of every sum of money received into, or disbursed from, the state treasury, utilizing an accounting system in conformity with generally accepted accounting principles and approved by the state accounting officer;
(3)
To keep a true and faithful record of all warrants drawn by the Governor on the treasury and all drafts drawn on the treasury by the President of the Senate and the Speaker of the House of Representatives;
(4)
To keep a true and faithful record of the accounts with all designated state depositories in which the state's money is deposited, showing the principal amount and the interest earned in each depository;
(5)
To keep safely certificates of stock, securities, state bonds, and other evidences of debt and to manage and control the same for the purposes to which they are pledged;
(6)
To invest all state and custodial funds, subject to the limitations of subsection (b) of this Code section and Chapter 17 of this title;
(7)
To invest all health insurance funds, subject to the limitations of subsection (b) of this Code section and Chapter 17 of this title;
(8)
To invest all self-insurance, liability, indemnification, tort claims, workers' compensation, or related funds, subject to the limitations of subsection (b) of this Code section and Chapter 17 of this title;
(9)
To invest all other funds in its possession, subject to the limitations of subsection (b) of this Code section and Chapter 17 of this title; and
(10)
To lend securities in its possession, subject to the limitations of subsection (b) of this Code section and Chapter 17 of this title.
(b)
Pursuant to an investment policy adopted by the State Depository Board, the Office of the State Treasurer shall invest funds through the state treasurer. The state treasurer shall invest all funds with the degree of judgment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering first the probable safety of their capital and then the probable income to be derived.
Amended by 2013 Ga. Laws 33,§ 50, eff. 2/24/2013.
Amended by 2010 Ga. Laws 621,§ 1, eff. 7/1/2010.
Amended by 2005 Ga. Laws 140,§ 3, eff. 7/1/2005.
Amended by 2004 Ga. Laws 461, § 1, eff. 5/6/2004.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 5A - OFFICE OF STATE TREASURER (§§ 50-5A-1 — 50-5A-11) › Section 50-5A-8 - State government expenses to be paid by Governor's warrant drawn on appropriations

The costs and expenses of the maintenance and support of every department, commission, bureau, and other branch or agency of the state government shall be paid out of funds in the state treasury by warrant of the Governor drawn on appropriations duly made by the General Assembly.
Amended by 2010 Ga. Laws 621,§ 1, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 5A - OFFICE OF STATE TREASURER (§§ 50-5A-1 — 50-5A-11) › Section 50-5A-9 - Assignment to Department of Administrative Services for administrative purposes

The Office of the State Treasurer shall be assigned for administrative purposes only to the Department of Administrative Services, as provided in Code Section
50-4-3
.
Amended by 2010 Ga. Laws 621,§ 1, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 5A - OFFICE OF STATE TREASURER (§§ 50-5A-1 — 50-5A-11) › Section 50-5A-10 - Transfer of powers and duties from former Office of Treasury and Fiscal Services

The Office of the State Treasurer and the state treasurer shall be in all respects the successor agency to, and shall assume all the powers and duties of, the former Office of Treasury and Fiscal Services and its director. Without limiting the generality of the foregoing, the state treasurer shall serve as a member of the Georgia State Financing and Investment Commission; and for that purpose the state treasurer shall also be designated as the director of the Fiscal Division of the Department of Administrative Services.
Amended by 2010 Ga. Laws 621,§ 1, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 5A - OFFICE OF STATE TREASURER (§§ 50-5A-1 — 50-5A-11) › Section 50-5A-11 - Records not constituting public records

(a)
The following records, or portions thereof, shall not constitute public records and shall not be open to inspection by the general public:
(1)
Participant account balances in the local government investment pool;
(2)
All wiring or Automated Clearing House transfer of funds instructions;
(3)
Account analysis statements received or prepared by the staff of the Office of the State Treasurer;
(4)
All bank account numbers in the possession of the Office of the State Treasurer and any record or document containing such numbers;
(5)
All proprietary computer software in the possession or under the control of the Office of the State Treasurer; and
(6)
All security codes and procedures related to physical, electronic, or other access to the Office of the State Treasurer, its systems, and its software.
(b)
For a period from the opening of bank accounts until such time as those bank accounts are closed, the local government investment pool resolutions which pertain to the opening and maintenance of bank accounts shall not constitute public records and shall not be open to inspection by the general public.
(c)
For a period from the date of creation of the record until the end of the calendar quarter in which the record is created, the following records, or portions thereof, shall not constitute public records and shall not be open to inspection by the general public:
(1)
Investment trade tickets; and
(2)
Bank statements of the Office of the State Treasurer.
(d)
For a period from the date of creation of the record until 30 days after adoption, bank fee payment schedules shall not constitute public records and shall not be open to inspection by the general public.
(e)
The restrictions of subsections (a), (b), (c), and (d) of this Code section shall not apply to access:
(1)
Required by law, including disclosures required by subpoena or other legal process of a court or administrative agency having competent jurisdiction in legal proceedings where the State of Georgia or the Office of the State Treasurer is a party;
(2)
In prosecutions or other court actions to which the State of Georgia or the Office of the State Treasurer is a party;
(3)
Given to federal or state regulatory or law enforcement agencies;
(4)
Given to any person or entity in connection with its account in the local government investment pool managed by the Office of the State Treasurer pursuant to Chapter 83 of Title 36, the "Local Government Investment Pool Act"; or
(5)
Given to the Governor, the Attorney General and the Department of Law, the Office of Planning and Budget, officers of the General Assembly, the legislative budget offices, the state accounting officer and the State Accounting Office, the state auditor and the Department of Audits and Accounts, or the State Depository Board for use and public disclosure in the ordinary performance of those officers' and offices' duties.
Amended by 2010 Ga. Laws 621,§ 1, eff. 7/1/2010.
Amended by 2005 Ga. Laws 140,§ 4, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 5B - STATE ACCOUNTING OFFICE (§§ 50-5B-1 — 50-5B-24) › Article 1 - GENERAL PROVISIONS (§§ 50-5B-1 — 50-5B-5) › Section 50-5B-1 - Office created; appointment of state accounting officer

(a)
The State Accounting Office is created and shall be administered by the state accounting officer.
(b)
The state accounting officer shall be appointed by the Governor and shall serve at the pleasure of the Governor.
(c)
Beginning July 1, 2005, the state accounting officer shall receive an annual salary to be set by the Governor. The state accounting officer shall also be reimbursed for all actual and necessary expenses incurred by him or her in carrying out his or her official duties.
(d)
The state accounting officer shall be required to take and subscribe before the Governor an oath to discharge faithfully and impartially the duties of such office, which oath shall be in addition to the oath required of all civil officers.
Added by 2005 Ga. Laws 140,§ 1, eff. 7/1/2005.