HB338 Alabama 2023 Session

Under existing law, the Code of Ethics prohibits certain public employees and officials engaging in certain unethical acts and practices. Specifically, public officials and public employees may not enter into any contract to provide goods or services when the contract is to be paid out of public funds, unless certain requirements are satisfied

This bill would provide that when an individual, through a public contract, provides services as a design professional to a state agency, whether as an employee or a contractor, 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

This bill would also provide that a violation would be a violation of the state Ethics Law

Section 111.05 of the Constitution of Alabama of 2022, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected HB338 INTRODUCED entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment

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.