HB38 Alabama 2020 Session

Updated Feb 22, 2026

Summary

Primary Sponsor: Terri CollinsRepresentative
Republican
Session: Regular Session 2020
Title: County Boards of Education, certain leases of goods or services exempted from the competitive bid law, Sec. 16-13B-2 am'd.
Summary: HB 38 would allow county and city boards of education to lease certain goods or services through nationwide cooperative purchasing programs without a separate competitive bid, under specific conditions.
What This Bill Does
It exempts leases of goods or services obtained through cooperative purchasing programs from the competitive bidding law for boards of education, if certain conditions are met. The exemption applies only if the goods or services are available via a competitive bid process approved by the Department of Examiners of Public Accounts, are priced at or below the state purchasing program or not available on it, and are purchased through an Alabama vendor with a license. The bill keeps existing bidding requirements and penalties for improper contracting in other areas, and notes that the local-funding expenditure issue is addressed by constitutional exceptions so a 2/3 vote is not automatically required.

Who It Affects
County and city boards of education in Alabama would gain the ability to lease certain goods or services through nationwide cooperative purchasing programs without a separate competitive bid, if conditions are met.
Alabama vendors participating in these cooperative purchasing programs could gain more contracting opportunities, provided they hold a valid Alabama business license and meet price/availability requirements.

Key Provisions
It adds a new exemption to Section 16-13B-2 allowing purchases or leases of goods or services through national or regional cooperative purchasing programs (excluding voice or data wireless services) to avoid the standard competitive bidding process, when the program is used.
Conditions for the exemption: (a) the goods/services are obtainable via a competitive bid process approved by the Department of Examiners of Public Accounts; (b) the price is equal to or less than the state purchasing program or not available on it; (c) the purchase or lease is through a participating Alabama vendor holding a business license, if such a vendor exists.
Violations of the competitive bidding requirements remain subject to existing penalties, including contracts being void and violations potentially resulting in a Class C felony.
The bill notes it is exempt from certain local-fund expenditure requirements under Amendment 621 due to specified exceptions, and Section 2 states the act is excluded from those requirements because it defines a new crime or amends a crime.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects: Education