HB338ENGROSSED
Page 0
Y19X26-2
By Representatives Lipscomb, Paschal, Marques, Sorrells,
Brown, Smith, Stringer, Colvin, Woods, Faulkner, Kitchens,
Wadsworth, Underwood, Pettus, Rehm, Oliver, Shaw, Robertson,
Hulsey, Butler, Harrison, Hammett, DuBose, Wood (D),
Yarbrough, Sellers, Ingram, Shirey, Holk-Jones, Givens,
Gidley, Lomax, Kirkland, Fincher, Stubbs, Bolton, Easterbrook,
Starnes, Mooney, Reynolds, Paramore, Carns, Standridge,
Crawford, Kiel, Collins, Stadthagen, Shedd
RFD: Ethics and Campaign Finance
First Read: 18-Apr-23
2023 Regular Session
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A BILL
TO BE ENTITLED
AN ACT
Relating to public contracts; to provide circumstances
under which a conflict of interest exists in the procurement
of a public contract; to provide criminal penalties for a
violation; and in connection therewith would have as its
purpose or effect the requirement of a new or increased
expenditure of local funds within the meaning of Section
111.05 of the Constitution of Alabama of 2022.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. (a) When an individual, through a public
contract, provides services as a building construction design
professional, as defined under Section 41-9A-3, Code of
Alabama 1975, or anyone assembling bid documents, whether as
an employee or a contractor or consultant, a conflict of
interest exists if the individual is also employed by, or
contractor to, a vendor for any materials, products, or other
tangible property used for or to be incorporated into the
design of that public contract for building construction.
(b) A violation of this section is a violation of the
Ethics Law, Chapter 25 of Title 36, Code of Alabama 1975.
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Section 2. Although this bill would have as its purpose
or effect the requirement of a new or increased expenditure of
local funds, the bill is excluded from further requirements
and application under Section 111.05 of the Constitution of
Alabama of 2022, because the bill defines a new crime or
amends the definition of an existing crime.
Section 3. This act shall become effective on the first
day of the third month following its passage and approval by
the Governor, or its otherwise becoming law.
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House of Representatives
Read for the first time and referred
to the House of Representatives
committee on Ethics and Campaign
Finance
................18-Apr-23
Read for the second time and placed
on the calendar:
1 amendment
................03-May-23
Read for the third time and passed
as amended
Yeas 102
Nays 0
Abstains 0
................23-May-23
John Treadwell
Clerk
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