O.C.G.A. § 50-20-8 (2019)
Applicability
(a) Except as provided in paragraphs (1) through (3) of subsection (b) and paragraphs (1) and (2) of subsection (c) of this Code section, all contracts between a nonprofit organization and a state organization shall be subject to this chapter.
(b) This chapter shall not apply to:
(1) Procurement contracts used to buy goods or services from vendors;
(2) Individual employment contracts; and
(3) Benefit payments or other related payments made by state organizations to a nonprofit organization on behalf of individuals for health care or other services.
(c) The provisions of subsection (b) of Code Section 50-20-3 shall not apply to the following:
(1) Nonprofit organizations affiliated with the University System of Georgia which are organized or operated primarily for the purpose of serving, soliciting, receiving, and investing gifts and donations in the name of the board of regents or individual units of the University System of Georgia or related programs and which expend less than $25,000.00 in state awards;
(2) Nonprofit organizations affiliated with the State Board of the Technical College System of Georgia or with postsecondary technical schools operated under the state level management and operational control of the State Board of the Technical College System of Georgia which organizations are operated primarily for the purpose of serving, soliciting, receiving, and investing gifts and donations for the board, such schools, or related programs and which expend less than $25,000.00 in state awards; and
(3) Nonprofit organizations which expend less than $25,000.00 in state awards.
History
Code 1981, § 50-20-8, enacted by Ga. L. 1998, p. 237, § 1; Ga. L. 2011, p. 632, § 3/HB 49.
Annotations
The 2011 amendment, effective July 1, 2011, substituted "State Board of the Technical College System of Georgia" for "State Board of Technical and Adult Education" twice in paragraph (c)(2).
OPINIONS OF THE ATTORNEY GENERAL
Editor's notes. - In light of the similarity of the statutory provisions, opinions under Ga. L. 1976, p. 1414, § 2, which was subsequently repealed but was succeeded by provisions in this Code section, are included in the annotations for this Code section.
Noncompetitively bid contracts between state agencies and nonprofit contractors. - Law covers all noncompetitively bid contracts, other than individual employment contracts, that are entered into between a state agency and a nonprofit contractor when the nonprofit contractor receives public funds of any kind under the contract. 1976 Op. Att'y Gen. No. 76-64 (decided under Ga. L. 1976, p. 1414, § 2).
Contracts between state agencies and university system. - Law is not applicable to contracts between the Department of Natural Resources and universities and their units or extensions which are part of the University System of Georgia or the university system of another state since the statutory exemption removed the Board of Regents and the Board's governed institutions from the definition of "nonprofit contractor". However, these sections would, in most instances, be applicable to contracts with private colleges and universities. 1976 Op. Att'y Gen. No. 76-88 (decided under Ga. L. 1976, p. 1414, § 2).
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CHAPTER 21 WAIVER OF SOVEREIGN IMMUNITY AS TO ACTIONS EX CONTRACTU; STATE TORT CLAIMS
Article 1
Waiver of Sovereign Immunity as to Actions Ex Contractu.
50-21-1. Waiver of sovereign immunity as to actions ex contractu for breach of written contract to which state is party; venue.
Article 2
State Tort Claims.
50-21-20. Short title.
50-21-21. Legislative intent.
50-21-22. Definitions.
50-21-23. Limited waiver of sovereign immunity.
50-21-24. Exceptions to state liability.
50-21-24.1. Workers' compensation exclusive remedy not waived; workers' compensation fund to pay claims.
50-21-25. Immunity of state officers or employees for acts within scope of official duties or employment; officer or employee not named in action against state; settlement or judgment.
50-21-26. Notice of claim against state; time for commencement of action; examination of records to facilitate investigation of claims; confidential nature of documents and information furnished.
50-21-27. Retroactive operation; limitations of actions; applicability of other related statutes.
50-21-28. Venue of actions.
50-21-29. Trial of actions; limitations on amounts of damages; caps to limit total damages regardless of the type claimed.
50-21-30. Punitive or exemplary damages or interest prior to judgment not allowed.
50-21-31. Interest rate after judgment.
50-21-32. Signing of pleadings, motions, or other papers.
50-21-33. Liability insurance or self-insurance programs; State Tort Claims Trust Fund; premiums and deductibles; incentive programs authorized; merger of preexisting programs and funds; additional coverages.
50-21-34. Payment of claims or judgments; execution or levy against state funds or property prohibited; amount of fiscal year aggregate liability.
50-21-35. Service of process; mailing of complaint.
50-21-36. Settlement of claims.
50-21-37. Hold harmless and indemnification agreements.
Cross references. - Immunity of the Board of Regents of the University System of Georgia, § 20-3-36.
Immunity of the Private Colleges and Universities Facilities Authority, § 20-3-205.
Immunity of municipal corporations, § 36-33-1.
Sovereign immunity generally, Ga. Const. 1983, Art. I, Sec. II, Para. IX.
Editor's notes. - Ga. L. 1982, p. 2261, § 1 also enacted a Chapter 21 of Title 50, which was thereupon unofficially designated Chapter 22 of this title and then officially redesignated as Article 8 of Chapter 12 of this title by Ga. L. 1983, p. 3, § 39.
Administrative Rules and Regulations. - Georgia Volunteer Health Care Program, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Community Health, Georgia Volunteer Health Care Program, Chapter 111-5-1.
Law reviews. - For article, "Georgia's Public Duty Doctrine: The Supreme Court Held Hostage," see 51 Mercer L. Rev. 73 (1999).
For comment, "Keeping the Arms in Touch: Taking Political Accountability Seriously in the Eleventh Amendment Arm of the State Doctrine," see 64 Emory L.J. 819 (2015).
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ARTICLE 1 WAIVER OF SOVEREIGN IMMUNITY AS TO ACTIONS EX CONTRACTU
Editor's notes. - Ga. L. 1992, p. 1883, § 1, effective July 1, 1992, designated Code Section 50-21-1 as Article 1 and added Article 2.