Reports required of advisory council

The council shall make a written report to the Governor, the President of the Senate, the Speaker of the House of Representatives, and the chairmen of the Senate Committee on Insurance and Labor and the House Economic Development and Tourism Committee at least once each year, such report to be made no later than December 1. The report shall advise the Governor, the Speaker, the President, and the designated chairmen concerning progress toward achieving the legislative intent as set forth in Code Section 50-5-122 and shall contain such recommendations for legislation as the council herein provided for deems proper. History. Ga. L. 1975, p. 1619, § 5; Ga. L. 1986, p. 10, § 50; Ga. L. 1992, p. 6, § 50; Ga. L. 2009, p. 303, § 16/HB 117. Editor’s notes. Ga. L. 2009, p. 303, § 20/HB 117, not codified by the General Assembly, provides: “This Act is intended to reflect the current internal organization of the Georgia Senate and House of Representatives and is not otherwise intended to change substantive law. In the event of a conflict with any other Act of the 2009 General Assembly, such other Act shall control over this Act.” PART 4 [EFFECTIVE UNTIL JANUARY 1, 2024] MINORITY BUSINESS ENTERPRISE DEVELOPMENT Delayed effective date. This part is set out twice in this Code. This version is effective until January 1, 2024. For version of this part effective January 1, 2024, see the following version of this part. 578 50-5-130 DEPT. OF ADMINISTRATIVE SERVICES 50-5-131 50-5-130. [Effective until January 1, 2024. See note.] 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 is encouraged and developed. Therefore, it is the intent of the General Assembly that the state define a “minority business enterprise” for purposes of representation in the area of procurement of state contracts for construction, services, equipment, and goods. History. Code 1981, § 50-5-130, enacted by Ga. L. 1991, p. 1380, § 3. Delayed effective date. Code Section 50-5-130 is set out twice in this Code. This version is effective until January 1, 2024. For version effective January 1, 2024, see the following version. 50-5-131. [Effective until January 1, 2024. See note.] 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. (2) “Minority business enterprise” means a small business concern which is owned and controlled by one or more minorities and is 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 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; and (B) Whose management and daily business operations are controlled by one or more minorities. History. Code 1981, § 50-5-131, enacted by Ga. L. 1991, p. 1380, § 3. Delayed effective date. Code Section 50-5-131 is set out twice in this Code. This version is effective until January 1, 2024. For version effective January 1, 2024, see the following version. 579 50-5-132 50-5-132. [Effective until January 1, 2024. See note.] Eligibility and procedures for certification; appeal of denial. (a) Any minority business enterprise that desires to claim such status under any law of this state or any regulation promulgated pursuant thereto shall first apply for certification, in addition to any other certification required by the provisions of 49 C.F.R. 23, to the Department of Administrative Services. (b) The Department of Administrative Services shall certify a business which meets the eligibility requirement of this part to qualify as a minority business enterprise. To qualify as a minority business enterprise, the business shall: (1) Be a minority business enterprise; (2) Submit any documentary evidence to support its status as a minority business enterprise; (3) Sign an affidavit stating that it is a minority business enterprise; (4) Be qualified to bid pursuant to the provisions of the Department of Administrative Services and other state agencies; and (5) Present: (A) An application, including the entire business history of the operation; (B) Birth certificates for all minority principals; (C) If Native American, a tribal registration card or certificate; (D) Current resumes on all principals, key managers, and other key personnel; (E) A current financial statement; (F) Proof of investment by principals; (G) Loan agreements; (H) Lease or rental agreement for space and equipment; (I) Evidence of latest bond; (J) If the applicant is a sole proprietor, a copy of a blank signature card; (K) If the applicant is a partnership, a copy of the partnership agreement; and (L) If the applicant is a corporation, articles of organization, corporation bylaws, copies of all stock certificates, minutes of the 580 50-5-132 DEPT. OF ADMINISTRATIVE SERVICES 50-5-133 first corporate organizational meeting, bank resolution on all company accounts, and a copy of the latest United States corporate tax return. (c) The Department of Administrative Services shall prepare and maintain a list of certified minority business enterprises. (d) The Department of Administrative Services may deny certification to any minority business enterprise 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 may appeal as provided in the regulations of the Department of Administrative Services. History. Code 1981, § 50-5-132, enacted by Ga. L. 1991, p. 1380, § 3. Delayed effective date. Code Section 50-5-132 is set out twice in this Code. This version is effective until January 1, 2024. For version effective January 1, 2024, see the following version. 50-5-133. [Effective until January 1, 2024. See note.] 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 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; (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; (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 581 50-5-130 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. History. Code 1981, § 50-5-133, enacted by Ga. L. 1991, p. 1380, § 3; Ga. L. 2013, p. 141, § 50/HB 79. Delayed effective date. Code Section 50-5-133 is set out twice in this Code. This version is effective until January 1, 2024. For version effective January 1, 2024, see the following version. PART 4 [EFFECTIVE JANUARY 1, 2024] MINORITY, WOMEN, AND VETERAN OWNED BUSINESS ENTERPRISE DEVELOPMENT Delayed effective date. This part is set out twice in this Code. This version is effective January 1, 2024. For version of this part effective until January 1, 2024, see the preceding version of this part. 50-5-130. [Effective January 1, 2024. See note.] 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. History. Code 1981, § 50-5-130, enacted by Ga. L. 1991, p. 1380, § 3; Ga. L. 2023, p. 43, § 4/HB 128, effective January 1, 2024. 582 50-5-130 DEPT. OF ADMINISTRATIVE SERVICES Delayed effective date. Code Section 50-5-130 is set out twice in this Code. This version is effective January 1, 2024. For version effective until January 1, 2024, see the preceding version. The 2023 amendment, effective January 1, 2024, inserted “, women owned 50-5-131 businesses, and veteran owned businesses” in the first sentence and substituted “‘minority business enterprise,’ ‘women owned business,’ and ‘veteran owned business’ for purposes” for “‘minority business enterprise’ for purposes” in the second sentence. 50-5-131. [Effective January 1, 2024. See note.] 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. 583 50-5-132 (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. History. Code 1981, § 50-5-131, enacted by Ga. L. 1991, p. 1380, § 3; Ga. L. 2023, p. 43, § 4/HB 128, effective January 1, 2024. Delayed effective date. Code Section 50-5-131 is set out twice in this Code. This version is effective January 1, 2024. For version effective until January 1, 2024, see the preceding version. The 2023 amendment, effective January 1, 2024, rewrote this Code section, which read: “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. “(2) ‘Minority business enterprise’ means a small business concern which is owned and controlled by one or more minorities and is 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 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; and “(B) Whose management and daily business operations are controlled by one or more minorities.” 50-5-132. [Effective January 1, 2024. See note.] 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. 584 50-5-132 DEPT. OF ADMINISTRATIVE SERVICES 50-5-133 (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. History. Code 1981, § 50-5-132, enacted by Ga. L. 1991, p. 1380, § 3; Ga. L. 2023, p. 43, § 4/HB 128, effective January 1, 2024. Delayed effective date. Code Section 50-5-132 is set out twice in this Code. This version is effective January 1, 2024. For version effective until January 1, 2024, see the preceding version. The 2023 amendment, effective January 1, 2024, rewrote this Code section, which read: “(a) Any minority business enterprise that desires to claim such status under any law of this state or any regulation promulgated pursuant thereto shall first apply for certification, in addition to any other certification required by the provisions of 49 C.F.R. 23, to the Department of Administrative Services. “(b) The Department of Administrative Services shall certify a business which meets the eligibility requirement of this part to qualify as a minority business enterprise. To qualify as a minority business enterprise, the business shall: “(1) Be a minority business enterprise; “(2) Submit any documentary evidence to support its status as a minority business enterprise; “(3) Sign an affidavit stating that it is a minority business enterprise; “(4) Be qualified to bid pursuant to the provisions of the Department of Administrative Services and other state agencies; and “(5) Present: “(A) An application, including the entire business history of the operation; “(B) Birth certificates for all minority principals; “(C) If Native American, a tribal registration card or certificate; “(D) Current resumes on all principals, key managers, and other key personnel; “(E) A current financial statement; “(F) Proof of investment by principals; “(G) Loan agreements; “(H) Lease or rental agreement for space and equipment; “(I) Evidence of latest bond; “(J) If the applicant is a sole proprietor, a copy of a blank signature card; “(K) If the applicant is a partnership, a copy of the partnership agreement; and “(L) If the applicant is a corporation, articles of organization, corporation bylaws, copies of all stock certificates, minutes of the first corporate organizational meeting, bank resolution on all company accounts, and a copy of the latest United States corporate tax return. “(c) The Department of Administrative Services shall prepare and maintain a list of certified minority business enterprises. “(d) The Department of Administrative Services may deny certification to any minority business enterprise 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 may appeal as provided in the regulations of the Department of Administrative Services.” 50-5-133. [Effective January 1, 2024. See note.] 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, 585 50-5-133 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. History. Code 1981, § 50-5-133, enacted by Ga. L. 1991, p. 1380, § 3; Ga. L. 2013, p. 141, § 50/HB 79; Ga. L. 2023, p. 43, § 4/HB 128, effective January 1, 2024. Delayed effective date. Code Section 50-5-133 is set out twice in this Code. This version is effective Janu- ary 1, 2024. For version effective until January 1, 2024, see the preceding version. The 2023 amendment, effective January 1, 2024, inserted “, women owned business, or veteran owned business” in paragraphs (a)(1), (a)(2), and (a)(3). 586 T.50, C.5, A.3, P.5DEPT. OF ADMINISTRATIVE SERVICES 50-5-135 PART 5 STATE USE COUNCIL 50-5-135. Creation; membership; terms; appointments; compensation; existence.