SB5 Alabama 2021 Session

Summary

Primary Sponsor

Jack W. WilliamsSenator

Republican

Co-Sponsors

Greg AlbrittonWilliam “Bill” M. BeasleyTom ButlerClyde ChamblissDonnie ChesteenChris ElliottVivian Davis FiguresGarlan GudgerTim MelsonRandy PriceDan RobertsMalika Sanders-FortierClay ScofieldDavid SessionsBobby D. SingletonRodger SmithermanApril Weaver

Session

Second Special Session 2021

Title

Public contracts, exemption from certain bid requirements for certain educational entities providing meals under the Child Nutrition Program, Secs. 16-13B-2.1, 41-16-51.2 added.

Summary

During health or safety emergencies, SB5 lets public schools and other public educational entities that run the Child Nutrition Program buy meals-related goods or services without advertising or bidding for up to 60 days, with oversight.

What This Bill Does

The bill creates temporary exceptions to bidding requirements for purchases related to the Child Nutrition Program during emergencies. It allows local boards of education and other public educational entities to make purchases without advertising or bidding if the State Superintendent of Education recommends it and the Department of Examiners of Public Accounts approves, with a hard 60-day limit. Contracts must be entered within the 60 days under the existing bidding laws, and expenditures must be documented in detail; whenever possible, the entities should still follow standard advertising and bidding rules.

Who It Affects

• Local city or county boards of education that provide meals under the Child Nutrition Program; they may purchase goods or services without advertising or bidding during emergencies, with State Superintendent recommendation and Examiners of Public Accounts approval.
• Other public educational entities that provide meals under the Child Nutrition Program; they may purchase goods or services without advertising or bidding during emergencies, with State Superintendent recommendation and Examiners of Public Accounts approval.

Key Provisions

• Adds §16-13B-2.1 to authorize purchases without advertising or bidding during an emergency for items related to the Child Nutrition Program, upon recommendation by the State Superintendent of Education and approval by the Department of Examiners of Public Accounts, limited to 60 days.
• Requires the emergency recommendation to state the facts, the nature of the emergency, and the geographic area affected; approvals limit the action to the defined region.
• Requires the purchasing entity to enter a contract within the 60-day period and to comply with the competitive bid law.
• Requires the purchasing entity to maintain accurate, fully itemized records of all expenditures under this authority and, when practicable, to follow advertising and bidding requirements.
• Adds §41-16-51.2 mirroring the same authority and requirements for public educational entities described in Article 16 that provide meals under the Child Nutrition Program.
• Effective immediately upon the Governor's approval.

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

Subjects

Public Contracts