Alabama 2023 Regular Session

Alabama House Bill HB338 Compare Versions

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1	1	HB338INTRODUCED
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3	3	Y19X26-1
4	4	By Representatives Lipscomb, Paschal, Marques, Sorrells,
5	5	Brown, Smith, Stringer, Colvin, Woods, Faulkner, Kitchens,
6	6	Wadsworth, Underwood, Pettus, Rehm, Oliver, Shaw, Robertson,
7	7	Hulsey, Butler, Harrison, Hammett, DuBose, Wood (D),
8	8	Yarbrough, Sellers, Ingram, Shirey, Holk-Jones, Givens,
9	9	Gidley, Lomax, Kirkland, Fincher, Stubbs, Bolton, Easterbrook,
10	10	Starnes, Mooney, Reynolds, Paramore, Carns, Standridge,
11	11	Crawford, Kiel, Collins, Stadthagen, Shedd
12	12	RFD: Ethics and Campaign Finance
13	13	First Read: 18-Apr-23
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25	25	12 Y19X26-1 04/18/2023 CMH (L)bm 2023-1082
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27	27	SYNOPSIS:
28	28	Under existing law, the Code of Ethics prohibits
29	29	certain public employees and officials engaging in
30	30	certain unethical acts and practices. Specifically,
31	31	public officials and public employees may not enter
32	32	into any contract to provide goods or services when the
33	33	contract is to be paid out of public funds, unless
34	34	certain requirements are satisfied.
35	35	This bill would provide that when an individual,
36	36	through a public contract, provides services as a
37	37	design professional to a state agency, whether as an
38	38	employee or a contractor, a conflict of interest exists
39	39	if the individual is also employed by, or contractor
40	40	to, a vendor for any materials, products, or other
41	41	tangible property used for or to be incorporated into
42	42	the design of that public contract.
43	43	This bill would also provide that a violation
44	44	would be a violation of the state Ethics Law.
45	45	Section 111.05 of the Constitution of Alabama of
46	46	2022, prohibits a general law whose purpose or effect
47	47	would be to require a new or increased expenditure of
48	48	local funds from becoming effective with regard to a
49	49	local governmental entity without enactment by a 2/3
50	50	vote unless: it comes within one of a number of
51	51	specified exceptions; it is approved by the affected
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79	79	28 HB338 INTRODUCEDHB338 INTRODUCED
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81	81	entity; or the Legislature appropriates funds, or
82	82	provides a local source of revenue, to the entity for
83	83	the purpose.
84	84	The purpose or effect of this bill would be to
85	85	require a new or increased expenditure of local funds
86	86	within the meaning of the amendment. However, the bill
87	87	does not require approval of a local governmental
88	88	entity or enactment by a 2/3 vote to become effective
89	89	because it comes within one of the specified exceptions
90	90	contained in the amendment.
91	91	A BILL
92	92	TO BE ENTITLED
93	93	AN ACT
94	94	Relating to public contracts; to provide circumstances
95	95	under which a conflict of interest exists in the procurement
96	96	of a public contract; to provide criminal penalties for a
97	97	violation; and in connection therewith would have as its
98	98	purpose or effect the requirement of a new or increased
99	99	expenditure of local funds within the meaning of Section
100	100	111.05 of the Constitution of Alabama of 2022.
101	101	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
102	102	Section 1. (a) When an individual, through a public
103	103	contract, provides services as a design professional, as
104	104	defined under Section 41-9A-3, Code of Alabama 1975, whether
105	105	as an employee or a contractor, a conflict of interest exists
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135	135	if the individual is also employed by, or contractor to, a
136	136	vendor for any materials, products, or other tangible property
137	137	used for or to be incorporated into the design of that public
138	138	contract.
139	139	(b) A violation of this section is a violation of the
140	140	Ethics Law, Chapter 25 of Title 36, Code of Alabama 1975.
141	141	Section 2. Although this bill would have as its purpose
142	142	or effect the requirement of a new or increased expenditure of
143	143	local funds, the bill is excluded from further requirements
144	144	and application under Section 111.05 of the Constitution of
145	145	Alabama of 2022, because the bill defines a new crime or
146	146	amends the definition of an existing crime.
147	147	Section 3. This act shall become effective on the first
148	148	day of the third month following its passage and approval by
149	149	the Governor, or its otherwise becoming law.
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