Alabama 2025 Regular Session

Alabama House Bill HB147 Compare Versions

Only one version of the bill is available at this time.

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1	1	HB147INTRODUCED
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3	3	HB147
4	4	267VISK-1
5	5	By Representative Pettus
6	6	RFD: Fiscal Responsibility
7	7	First Read: 04-Feb-25
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12	12	5 267VISK-1 11/12/2024 CMH (L)bm 2024-2838
13	13	Page 1
14	14	First Read: 04-Feb-25
15	15	SYNOPSIS:
16	16	Under existing law, the state procurement code
17	17	governs all purchases made by government entities. An
18	18	exception within the procurement code is made for
19	19	district attorneys and sheriffs, whose purchases are
20	20	governed by local competitive bidding laws.
21	21	This bill would provide that purchases made by
22	22	volunteer fire departments and rescue squads are
23	23	excepted from the requirements of the state procurement
24	24	code and are instead subject to the local competitive
25	25	bid law requirements.
26	26	A BILL
27	27	TO BE ENTITLED
28	28	AN ACT
29	29	Relating to the state procurement code; to amend
30	30	Section 41-4-124, Code of Alabama 1975, to further provide
31	31	exceptions relating to volunteer fire departments and rescue
32	32	squads.
33	33	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
34	34	Section 1. Section 41-4-124, Code of Alabama 1975, is
35	35	amended to read as follows:
36	36	"§41-4-124
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64	64	28 HB147 INTRODUCED
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66	66	"§41-4-124
67	67	(a) Except as otherwise provided in this article, all
68	68	rights, powers, duties, and authority relating to the
69	69	procurement of supplies and services now vested in, or
70	70	exercised by, any governmental body under existing law are
71	71	transferred to the Chief Procurement Officer.
72	72	(b) The following governmental bodies are subject to
73	73	this article except as it relates to the purchase of
74	74	professional services and the oversight and authority of the
75	75	Chief Procurement Officer , and shall establish and maintain
76	76	procurement offices and personnel and adopt rules as may be
77	77	necessary to comply with this article:
78	78	(1) All educational and eleemosynary institutions
79	79	governed by a board of trustees or other similar governing
80	80	body.
81	81	(2) The Retirement Systems of Alabama.
82	82	(3) The Department of Mental Health.
83	83	(c) The Alabama Department of Transportation is subject
84	84	to this article except as it relates to the purchase of
85	85	professional services and shall adopt rules governing the
86	86	purchase of professional services by the department which are
87	87	consistent with the principles contained in this article and
88	88	promote fairness, competition, transparency, integrity, and
89	89	value in the procurement process.
90	90	(d) The procurement of any supplies, services, or
91	91	professional services by a district attorney , volunteer fire
92	92	department, rescue squad, or sheriff shall be solely governed
93	93	by Article 3, commencing with Section 41-16-50 of Chapter 16.
94	94	(e) The procurement of any supplies or services by a
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124	124	(e) The procurement of any supplies or services by a
125	125	legislative agency or judicial agency shall be solely governed
126	126	by procedures adopted by the Legislative Council for all
127	127	legislative agencies and by rules adopted by the Supreme Court
128	128	of Alabama for all judicial agencies. The procedures adopted
129	129	shall be consistent with any applicable requirements of the
130	130	Constitution of Alabama of 2022, and shall be established in
131	131	accordance with the underlying purposes and policies of
132	132	promoting responsible and efficient use of public funds
133	133	dedicated and appropriated to the agencies for their use,
134	134	providing consistency of application of rules and requirements
135	135	across all agencies within the applicable branch of state
136	136	government, and promoting fairness, competition, transparency,
137	137	integrity, and value in the procurement process. In no case
138	138	may the legislative and judicial departments of the state
139	139	adopt procedures that conflict with the laws of this state
140	140	regarding the public disclosure of the use of public funds and
141	141	the transparency of public expenditures , or that otherwise
142	142	conflict with state law regarding public records and public
143	143	access to those records. Except for the requirement to act in
144	144	good faith, no other provision of this article shall apply to
145	145	legislative or judicial agencies; provided, that the
146	146	legislative and judicial departments may adopt all or any part
147	147	of this article and its accompanying rules.
148	148	(f) The procurement of any supplies or services by the
149	149	Alabama State Port Authority shall be solely governed by
150	150	procedures adopted by the Board of Directors of the Alabama
151	151	State Port Authority. The procedures adopted shall be
152	152	consistent with any applicable requirements of the
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182	182	consistent with any applicable requirements of the
183	183	Constitution of Alabama of 2022 , and shall be established in
184	184	accordance with the underlying purposes and policies of
185	185	promoting responsible and efficient use of the funds of the
186	186	Alabama State Port Authority, providing consistency of
187	187	application of rules and requirements across all agencies
188	188	within the applicable branch of state government, and
189	189	promoting fairness, competition, transparency, integrity, and
190	190	value in the procurement process. Except for the protection of
191	191	information otherwise legally considered commercially
192	192	confidential, sensitive, or of a nature that upon release
193	193	would harm the competitive advantage of itself or its
194	194	customers, concessionaires, lessees, or suppliers, the Alabama
195	195	State Port Authority may not adopt procedures that conflict
196	196	with the laws of this state regarding the public disclosure of
197	197	the use of its funds and the transparency of its expenditures,
198	198	or that otherwise conflict with state law regarding public
199	199	records and public access to those records. Except as provided
200	200	in this subsection and the requirement to act in good faith,
201	201	no other provision of this article shall apply to the Alabama
202	202	State Port Authority; provided, however, that the Alabama
203	203	State Port Authority may adopt all or any part of this article
204	204	and its accompanying rules."
205	205	Section 2. This act shall become effective on October
206	206	1, 2025.
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