HB523 Alabama 2023 Session

Summary

Primary Sponsor

Napoleon Bracy Representative

Democrat

Session

Regular Session 2023

Title

Relating to public contracts; to amend Section 41-16-51, Code of Alabama 1975, to further provide for contracts for which competitive bidding is not required; 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.

Description

Under existing law, public contracts for the purchase of materials, equipment, supplies, or other personal property involving $15,000 or more are required to be made under contractual agreement by free and open competitive bidding, on sealed bids, to the lowest responsible bidder.

Also under existing law, certain contracts are exempt from the competitive bidding requirements.

This bill would further provide for the exemption from the competitive bidding requirements, by including within the exemption contracts for the purchase of computer programs and software applications and contracts for the purchase of equipment and services to aid in the prevention and detection of criminal activity by law enforcement agencies and community-oriented policing programs.

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 entity; or the Legislature appropriates funds, or HB523 INTRODUCED 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.

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