SB 100 — Relating to state government; to amend Sections 41-4-114, 41-4-120, 41-4-122 as last amended by Act 2022-357 of the 2022 Regular Session, 41-4-124, 41-4-125, Section 41-4-126 as last amended by Act 2022-357 of the 2022 Regular Session, 41-4-139, 41-4-172, 29-2-41.1 Code of Alabama 1975, to further provide exemptions to the state procurement code; to further provide for the authority to make emergency procurements and the review of those procurements by the Contract Review Legislative Oversight Committee; to provide for the procurement of certain health professionals who provide services to the Medicaid Agency under certain conditions; to further provide for the definition of professional services to include the management and administration of occupational licensing boards; to provide for the procurement of supplies, services, and professional services by district attorneys or sheriffs; to provide for the change of the name of the Office of the Chief Procurement Officer to the Division of Procurement; and to add Section 41-4-125.01 to the Code of Alabama 1975, to provide for the procurement of physicians retained to provide medical services to the State of Alabama.
Last action — Enacted as 2023-542
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced March 21, 2023. Enacted.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
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Prognosis
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (1 R).
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Cleared a recorded vote
Passed 5 recorded votes so far.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Summary
Finance Department; Division of Procurement; procurement of certain professional services, exceptions further provided
Bill Text
What changed in the latest version
257 added · 363 removedPlain-language change summary
The latest version of Bill SB 100 includes additional provisions that expand exemptions to the state procurement code. Notably, it now allows for emergency procurements and includes specific guidelines for hiring health professionals who work with the Medicaid Agency. Additionally, the definition of professional services has been updated to encompass the management of occupational licensing boards, and the Office of the Chief Procurement Officer has been renamed to the Division of Procurement. These changes are significant as they streamline the procurement processes and clarify the roles of various state agencies in managing resources more effectively.
SBIOOSB100 ENROLLED U95RXG-2 A C T #2023 By Senator Orr RFC:RFD:
21-Mar-23 2023 Regular Session ^ JO 77 / > / /A ./ Page 0 SBIOOSB100 EEnrolled nrolled Enrolled, An Act, 3 Relating to state government;
Sections 41-4-114, 41-4-120, 41-4-122 as last amended by Act 2022-357 of the 2022 Regular Session, 41-4-124, 41-4-125, Section 41-4-126 as last amended by Act Page 1 SBIOOSB100 Enrolled 2022-357 of the 2022 Regular Session, 41-4-139, 41-4-172, 229-2-41.1, 5 -2 -.1, Code of Alabama 1975, are amended to read as ffollows: o llo :
s"§41-4-114 ’§ 4 1 -4 -1 1 4 (a) For purposes of this article, the following words shall have the following meanings:
Any corporation, partnership, individualindividual, , sole proprietorship, joint stock company, joint venture.venture, or other private legal entity.
o r other private legal entity.
Tangible personal property that can be appraised for value.value, is not disposable or consumable, is stand alone, and has a useful life of one year or more.
is not disposable or consumable.
is stand alone, and has a useful life of one year or more.
A written order signed by the procurement officer directing the contractor to make changes which the changes clause of the contract authorizes the procurement officer to order without the consent of the contractorcontractor. .
The person individual holding the position created in Section 41-4-120, as the head of the Office of the Chief Procurement Officer Division of ProcurementProcurement. .
An agreement, express or implied.implied, for litigation legal services of an attorney or attorneys, including any associated counsel, under which compensation is contingent in whole or in part upon the successful accomplishment or disposition of the subject matter of the agreement.
for litigation legal services of an attorney or attorneys , including any associated counsel, under which compensation is contingent in whole or in part upon the successful accomplishment or disposition of the subject matter of the agreement.
Page 2 SBIOOSB100 Enrolled (6) CONTINGENCY FEE COUNSEL.
AilAll types of state agreements, regardless of what they may be called, for the procurement of supplies or servicesservices. .
Any written alteration in specifications, delivery point.point, rate of delivery, period of performance, price, quantity, or other provisions of any contract accomplished by mutual action of the parties to the contract.
rate of delivery, period of performance, price.
quantity.
or other provisions of any contract accomplished by mutual action of the parties to the contract .
The Governor, Attorney General, or director of a state agency.agency, department, bureau, commission, authority, public corporation, or instrumentality of the State of Alabama that seeks to enter a contract.
department, bureau.
commission.
authority, public corporation.
or instrumentality of the State of Alabama that seeks to enter a contract.
A duly authorized representative of a personperson. .
Electrical, digital, magnetic.magnetic, optical, electromagnetic, or other similar technology.
optical, electromagnetic, or other similar technology.
Except as otherwise provided in this article, an agency, department, board, bureau.bureau, commission, committee, institution, corporation, authority, or office of this state.
commission.The term does not include the legislative or judicial departments of the state or a legislative or judicial agency, the Alabama State Port Page 3 SB100 Enrolled Authority, municipalities, or the county commission and governing boards of instrumentalities of counties including waterworks boards, sewer boards, gas boards, and other like utility boards and commissions.
committee, institution.
corporation, authority, or office of this state.
The term does not include the legislative or judicial departments of the state or a legislative or judicial agency.
the Alabama State Port Page 3 SBIOO Enrolled Authority, municipalities.
or the county commission and governing boards of instrumentalities of counties including waterworks boards.
sewer boards.
gas boards, and other like utility boards and commissions.
Any department, appellate court.court, trial court, board, body, bureau, commission, committee, institution, corporation, authority, or office created, established, and operating as an agency of the judicial department of this state.
trialThe court.term includes, but is not limited to, the Administrative Office of Courts, the State Law Library, the Court of the Judiciary, and the Sentencing Commission.
board, body, bureau.
commission.
Show all 202 changed lines (162 more)
commi ttee, institution.
corporation, authority, or office created.
97 established, and operating as an agency of the judicial department of this state.
The term includes.
but is not limited to.
the Administrative Office of Courts, the State Law Library, the Court of the Judiciary, and the Sentencing Commission .
The Alabama State Legislature and any department, board, body, bureau.bureau, commission, committee, institution, corporation, authority, or office created, established, and operating as an agency of the legislative department of this state.
commission.
committee, institution, corporation, authority, or office created, established, and operating as an agency of the legislative department of this state.
An individual.individual, corporation, association, partnership, limited liability corporation, union, committee, club, other organization, or group.
corporation, association.
partnership.
limited liability corporation.
union.
committee , club.
other organization.
or group.
Buying, purchasing, renting, leasing.leasing, Page 4 SB100 Enrolled or otherwise acquiring any supplies or services.
PageThe 4term SBIOOincludes Enrolledall orfunctions otherwisethat acquiringpertain to the obtaining of any suppliessupply or services.service, including description of requirements, selection and solicitation of sources, preparation and award of contracts, and all phases of contract administration.
The term includes all functions that pertain to the obtaining of any supply or service.
including description of requirements, selection and solicitation of sources, preparation and award of contracts, and all phases of contract administration.
The services of physicians, architects, engineers, landscape architects.architects, land surveyors, geoscientists, attorneys, teachers, artists, appraisers, and other individuals, or business entities offering the services of those individuals, who possess a high degree of scientific or specialized skill and knowledge where the experience and professional qualifications of the service provider are particularly relevant to the provision of the required service.
landThe surveyors.term also includes the management or administration of any occupational licensing board, as defined under Section 41-9A-1, by a person other than a state employee.
geoscientists, attorneys, teachers, artists, appraisers, and other individuals, or business entities offering the services of those individuals, who possess a high degree of scientific or specialized skill and knowledge where the experience and professional qualifications of the service provider are particularly relevant to the provision of the required service .The term also includes the management or administration of any occupational licensing board.
as defined under Section 41-9A-1, by a person other than a state employee .
The distribution or dissemination of information to interested parties using methods that are reasonably available, including.including, but not limited to, Page 5 SB100 Enrolled publication in newspapers of general circulation, electronic or paper mailing lists, and websites designated by the state and maintained for that purpose.
but not limited to.
Page 5 SBIOO Enrolled publication in newspapers of general circulation, electronic or paper mailing lists, and websites designated by the state and maintained for that purpose.
A governmental body, other than the Office of the Chief Procurement Officer, that is authorized by this article.article, its implementing rules, or by delegation from the Chief Procurement Officer to enter into contracts.
its implementing rules, or by delegation from the Chief Procurement Officer to enter into contracts .
A manual signature or an electronic signature.signature, as defined in Section 8-1A-2.
as defined in Section 8-1A-2.
The term includes invitations to bid and requests for proposalsproposals. .
The product of any method of forming characters on paper, other materials, or viewable screensscreens, , which can be read, retrieved, and reproduced.reproduced, including information that is electronically transmitted and stored.
Page 6 SB100 Enrolled (b) The terms state, state department, state agency, agency, state entity, instrumentality of the state, and governmental body do not include municipalities, political subdivisions, county commissions, or the governing boards of instrumentalities of counties including informationwaterworks thatboards, issewer electronicallyboards, transmittedgas boards, and stored.other like utility boards and commissions." "§41-4-120 There is created within the Department of Finance the Office of the Chief Procurement Officer Division of Procurement, headed by the Chief Procurement Officer." "§41-4-122 (a) The Chief Procurement Officer shall serve as the central procurement officer of the state.
Page 6 SBIOO Enrolled (b) TheConsistent termswith state,this statearticle, department, state agency, agency, state entity, instrumentality of the state,Chief andProcurement governmentalOfficer bodyshall doadopt notoperational includeprocedures municipalities,governing politicalthe subdivisionsinternal ,functions countyof commissions, or the governingOffice boards of instrumentalitiesthe ofChief countiesProcurement includingOfficer waterworksDivision boards,of sewerProcurement. boards.
gas(c) boards,Except andas otherotherwise likespecifically utilityprovided boardsin andthis commissionsarticle, ." "§41-4-120 There is created within the Department of Finance the Office of the Chief— Procurement Officer Division of Procurement , headed by the Chief Procurement Officer."Officer, "§41-4-122in ISlaccordance (a)with Therules Chiefadopted Procurementunder Officerthis article, shall servedo asall the central procurement officer of the state.following:
(b)(1) ConsistentExcept withfor thisalcoholic article,beverages, thewhich Chiefshall Procurementbe Officerpurchased shallby adoptthe operationalAlcoholic proceduresBeverage governingControl theBoard, internalprocure functionsor ofsupervise the Officeprocurement —ofof theall -Chief—supplies Procurementand 0fficerservices Divisionneeded ofby Procurement.the state.
(c)(2) ExceptEnsure ascompliance otherwisewith specificallythis providedarticle inand thisthe article,rules thePage Chief7 ProcurementSB100 Officer,Enrolled inimplementing accordancethis witharticle rulesby adoptedreviewing underand thismonitoring article,procurements shallconducted doby allany ofdesignee, thedepartment, followingagency, :or official delegated authority under Section 41-4-123.
(1)(3) ExceptRequire, forupon alcoholicrequest beverages,of whichthe shallChief beProcurement purchasedOfficer, by the Alcoholicperiodic Beveragereporting Controlof Board,all procureprocurement by or supervisefor counties, the procurementpurchase, contract, or lease price of allwhich suppliesis andone serviceshundred neededdollars by($100) theor statemore, .and require information in connection therewith;
(2)to Ensureprescribe complianceforms with this article and fix the rulestime Pagefor 7submitting SBIOOsuch Enrolledreports; implementing this article by reviewing and monitoring procurements conducted by any designee, department, agency, or official delegated authority under Section 41-4-123.
■^4—Require,and, upon—when request—requested —by —ee—Chief—any Procurementcounty, Officer,municipal ——corporation, periodic—other reporting—local e-—ail—procurementpublic —bybody, e-—f-er^including ecun-b-iC—Qbh-—pugeh'-e--any cboard oof neducation, tra—cer—leto amake —e-ee-e—ebsuch ■'hieh—is-purchase efa—hundr-ed-de1-arscontract, IOO—)Or--mere,or and—requirelease —informationfor —it. connection— therewith;
•b—pIt reshall ebe ethe ribduty omaof eetd—fixevery county to make the time—report submittingon auch—reportaforms ;furnished by the Office of the Chief Procurement Officer whenever requested to do so, but not more than once every 30 days.
and,—when(4)(3) —requestedPerform other functions and duties of the Department of Finance as may be assigned by any—the county.Director of Finance.
municipal—(d) corporationThe —Chief other—localProcurement —public—Officer body.may establish and maintain a system for the purchase of supplies and services by governmental bodies that conduct their procurement activities through the Office of the Chief Procurement Officer Division of Procurement, through the utilization of approved credit cards.
including —any board—s-— education,— to make auch purchaae contract,— e— lease be-—bfe—Tb— a h a be— th eduty ■eb verv county —be—make— bbe J 2Q9 re p o—en— forma fu rn iah eby -the Office of the Procurement Officer whenever—r-equosted to— d— s-e—bub— nec more than—eft-—eevery 3Q— days.
b4-}-{3)Perform other functions and duties or the Department of Finance as may be assigned by the Director of Finance .
(d) The Chief Procurement Officer may establish and maintain a system for the purchase of supplies and services by governmental bodies that conduct their procurement activities through the Office—e-— t4a—Chicf Procurement 0.ficer Division of Procurement, through the utilization of approved credit cards.
provided.provided, however, that county and municipal governments and Page 8 SB100 Enrolled instrumentalities or public corporations thereof shall not otherwise be subject to this subsection.
however, that county and municipal governments and Page 8 SBIOO Enrolled instrumentalities or public corporations thereof shall not otherwise be subject to this subsection.
Fees received by the division for the use of credit cards shall be placed in a special fund entitled the State Procurement Fund in the State Treasury for the use of the division and the funds shall be appropriated, budgeted, and allotted in accordance with Sections 41-4-80 to 41-4-96, inclusive.inclusive, and 41-19-1 to 41-19-12, inclusive, and only in amounts stipulated in general appropriations bills and other appropriation bills.
and 41-19-1 to 41-19-12, inclusive, and only in amounts stipulated in general appropriations bills and other appropriation bills.
Approved credit cards may be Page 9 SBIOOSB100 Enrolled utilized to purchase items of supplies and services, and may not exceed the limitations set forth by rule.
The Chief Procurement Officer shall submit an annual report and accounting regarding the use of credit cards by each governmental body to the Director of Finance and the GovernorGovernor. .
e(e) ) The Office—Office —tht—Chiefof —Procurementthe —Ca----erChief Procurement Officer Division of Procurement may charge a biannual registration fee to vendors desiring to register with the office to receive invitations to bid for any supplies or services solicited by the division and to governmental bodies for their proportionate share of operating costs of the office.
(f) The Chief Procurement Officer may make purchases, contractscontracts, , or leases for any county.county, instrumentality of a county, municipal corporation, local board of education, or other local public body upon the request of the local public body.
instrumentality(f)(g) The Chief Procurement Officer shall adopt rules consistent with this article to govern the procurement of asupplies county,and municipalservices corporation.procured by the state." Page 10 SB100 Enrolled "§41-4-124 (a) Except as otherwise provided in this article, all rights, powers, duties, and authority relating to the procurement of supplies and services now vested in, or exercised by, any governmental body under existing law are transferred to the Chief Procurement Officer.
local board of education, or other local public body upon the request of the local public body.
Hd- (g) The Chief Procurement Officer shall adopt rules consistent with this article to govern the procurement of supplies and services procured by the state." Page 10 SBIOO E nrolled "§41-4-124 (a)Except as otherwise provided in this article, all rights.
powers, duties, and authority relating to the procurement of supplies and services now vested in, or exercised by, any governmental body under existing law are transferred to the Chief Procurement Officer.
(1)All(1) All educational and eleemosynary institutions governed by a board of trustees or other similar governing body.
Page 11 SBIOOSB100 Enrolled jdf-(8)(d)(e) The procurement of any supplies or services by a legislative agency or judicial agency shall be solely governed by procedures adopted by the Legislative Council for all legislative agencies and by rules adopted by the Supreme Court of Alabama for all judicial agencies.
The procedures adopted shall be consistent with any applicable requirements of the Constitution of Alabama of 1901 2022, and shall be established in accordance with the underlying purposes and policies of promoting responsible and efficient use of public funds dedicated and appropriated to the agencies for their use, providing consistency of application of rules and requirements across all agencies within the applicable branch of state government, and promoting fairness.fairness, competition, transparency, integrity, and value in the procurement process.
competition.
transparency.
integrity, and value in .the procurement process.
Except for the requirement to act in good faith.faith, no other provision of this article shall apply to legislative or judicial agencies;
no other provision of this article shall apply to legislative or judicial agencies;
feq-(f)(e)(f) The procurement of any supplies or services by the Alabama State Port Authority shall be solely governed by procedures adopted by Chethe Board of Directors of the Alabama State Port Authority.
The procedures adopted shall be Page 12 SBIOOSB100 Enrolled consistent with any applicable requirements of the Constitution of Alabama of 1901 2022, and shall be established in accordance with the underlying purposes and policies of promoting responsible and efficient use of the funds of the Alabama State Port Authority, providing consistency of application of rules and requirements across all agencies within the applicable branch of state government, and promoting fairness, competition, transparency, integrity, and value in the procurement process.
Except for the protection of information otherwise legally considered commercially confidentialconfidential, ,sensitive, sensitive.or of a nature that upon release would harm the competitive advantage of itself or its customers, concessionaires, lessees, or suppliers, the Alabama State Port Authority may not adopt procedures that conflict with the laws of this state regarding the public disclosure of the use of its funds and the transparency of its expenditures, or that otherwise conflict with state law regarding public records and public access to those records.
orExcept ofas aprovided naturein thatthis uponsubsection releaseand wouldthe harmrequirement theto competitiveact advantagein good faith, no other provision of itselfthis orarticle itsshall customers.apply to the Alabama State Port Authority;
concessionaires,provided, lessees.however, that the Alabama State Port Authority may adopt all or any part of this article and its accompanying rules." "§41-4-125 (a)(1) Except as otherwise provided in this section, attorneys retained to represent the state in litigation shall be appointed by the Attorney General in consultation with the Governor from a list of attorneys maintained by the Attorney Page 13 SB100 Enrolled General.
or suppliers.
the Alabama State Port Authority may not adopt procedures that conflict with the laws of this state regarding the public disclosure of the use of its funds and the transparency of its expenditures.
or that otherwise conflict with state law regarding public records and public access to those records.
Except as provided in this subsection and the requirement to act in good faith.
no other provision of this article shall apply to the Alabama State Port Authority;
provided, however, that the Alabama State Port Authority may adopt all or any part of this article and its accompanying rules." "§41-4-125 (a)(1) Except as otherwise provided in this section.
attorneys retained to represent the state in litigation shall be appointed by the Attorney General in consultation with the ,369 Governor from a list of attorneys maintained by the Attorney Page 13 SBIOO Enrolled General.
The selection of the attorney or law firm shall be based upon the level of skill, experienceexperience, , and expertise required in the litigation and the fees charged by the attorney or law firm shall be taken into consideration so that the state receives the best representation for the funds paid.
Fees shall be negotiated and approved by the Governor in consultation with the A.ttorneyAttorney General.
(2)Attorneys(2) Attorneys retained by any state purchasing entity to render nonlitigation legal services shall be selected by the entity from a list of'of attorneys maintained by the Legal Advisor to the Governor.
The selection of the attorney or law firm shall be based upon the level of skill.skill, experience, and expertise required for the services, but the fees charged by the attorney or law firm shall be taken into consideration so that the state entity shall receive the best representation for the funds paid.
experience, and expertise required for the services, but the fees charged by the attorney or law firm shall be taken into consideration so that the state entity shall receive the best representation for the funds paid.
(b) This section article does not apply to either of the followingfollowing: :
Page 14 «SB100 SBIOO Enrolled (2) The retention of experts by the state for the purposes of litigation or avoidance of litigation.
provided, the Governor shall select the attorneys from three —prepcsaleproposals —receivedreceived from attorneys—attorneys included on the list maintained by the Attorney GeneralGeneral. .
(d)(d)(1) (1) A governmental body may not enter into a contingency fee contract with any attorney or law firm unless the contracting agency makes a written determination prior to entering into a contingency fee contract that contingency fee representation is both cost effective and in the public interest.
The expected time and labor required.required, the novelty, complexity, and difficulty of the questions involved, and the skill requisite to perform the attorney services properly.
the novelty, complexity, and difficulty of the questions involved, and the skill requisite to perform the attorney services properly.
(2) Subject to subdivision (3), the state may not enter into a contingency fee contract that provides for the Page 15 SBIOOSB100 Enrolled contingency fee counsel to receive an aggregate contingency fee calculated from the gross recovery resulting from a judgment or settlement in each action, exclusive of expenses.expenses, in excess of the total of all of the following:
in excess of the total of all of the following:
Twenty-two percent of any recovery —ed—ti—of up to that does not exceed ten million dollars ($10,000,000);
Eight percent of any portion of the recovery between seventy-five million dollars ($75,000($75,000,000) ,'000)andand one hundred million dollars ($100,000,000);
Seven and one-tenth (7.1) percent of any portion of the recovery exceeding one hundred million dollars ($100,000,($100,000,000). 000).
(3) The aggregate fee paid under a contingency fee contract may not exceed seventy-five million dollars ($75,000,($75,000,000). 000).
(4) All litigation expenses incurred by the contingency Page 16 SBIOOSB100 Enrolled fee counsel shall be paid or reimbursed upon approval on a monthly basis upon presentation of documentation of the expenses to the contracting agency.
(5) The Attorney General may certify in writing to the Governor that.that, in the opinion of the Attorney General, an issue affecting the public health, safety, convenience, or economic welfare of the state exists that justifies that the contingency fee limitations set forth in subdivision (2) or (3) be suspended in the case of a particular contingency fee contract.
inUpon receipt of the opinionwritten ofcertification, the AttorneyGovernor, General,by the issuance of an issueexecutive affectingorder, may waive the publiclimitations health.with respect to the specified contingency fee contract.
safety, convenience, or economic welfare of the state exists that justifies that the contingency fee limitations set forth in subdivision (2) or (3) be suspended in the case of a particular contingency fee contract.
Upon receipt of the written certification, the Governor, by the issuance of an executive order.
may waive the limitations with respect to the specified contingency fee contract .
Contingency fee counsel shall—shall have—t-h—have right—the right to may participate in the Page 17 SBIOOSB100 Enrolled discussion with the lead government attorney or attorneys unless, after consultation with contingency fee counsel, the lead government attorney agrees to the discussion without contingency fee counsel being present.
(8) Copies of any executed contingency fee contract and the contracting agencyagency's ’s written determination to enter into the contingency fee contract with the contingency fee counsel and any payment of any contingency fees shall be posted online as provided in Section 41-4-65.
(9) Every contingency fee counsel, from the inception of the contingency fee contract until at least four years after the contract expires or is terminated.terminated, shall maintain detailed current records, including documentation of all time records, expenses, disbursements, charges, credits, underlying receipts and invoices, and other financial transactions that concern the provision of the attorney services.
The contingency fee counsel shall maintainmake detailedall currentthe records,records includingavailable documentationPage of18 allSB100 timeEnrolled recordsfor ,inspection expenses,and disbursements,copying charges.upon request by the Governor, Attorney General, or contracting agency.
credits,In underlyingaddition, receiptsthe andcontingency invoices,fee andcounsel othershall financialmaintain transactionsdetailed thatcontemporaneous concerntime records for the provisionattorneys ofand paralegals working on the attorneycontract services.in six minute increments and, upon request, shall provide promptly these records to the Governor, Attorney General, or contracting agency.
The(10) Any contingency fee counselpaid to a private attorney or law firm shall makebe allpaid from the recordsState availableTreasury Pagefrom 18the SBIOOfunds Enrolledrecovered foras inspectiona andresult copyingof uponthe requestcontingent contingency fee contract within 30 days of receipt of the recovery unless ordered to do otherwise by a court with jurisdiction over the litigation subject to the contingency fee contract." "§41-4-126 (a) Unless otherwise ordered by rule, with approval of the Governor, Attorneythe General,following orsupplies contractingand agency.services need not be procured through the Office of the Chief Procurement Officer Division of Procurement and are exempt from the competitive requirements of this article:
In addition.
the contingency fee counsel shall maintain detailed contemporaneous time records for the attorneys and paralegals working on the contract in six minute increments and, upon request, shall provide promptly these records to the Governor, Attorney General, or contracting agency.
(10) Any contingency fee paid to a private attorney or law firm shall be paid from the State Treasury from the funds recovered as a result of the contingent contingency fee contract within 30 days of receipt of the recovery unless ordered to do otherwise by a court with jurisdiction over the litigation subject to the contingency fee contract." "§41-4-126 (a) Unless otherwise ordered by rule, with approval of the Governor, the following supplies and services need not be procured through the Office— of the Chief —Procurement Officer Division of Procurement and are exempt from the competitive requirements of this article;
and technical pamphletspamphlets. .
(5) Purchases of products made or manufactured by the Page 19 SBIOOSB100 Enrolled blind or visually handicapped under the direction or supervision of the Alabama Institute for Deaf and Blind in accordance with-Swith ectioSections n—24—21-2-1 —to 1—ee—44—21-2-4, 2-4, inclusive Chapter 2 of Title 21.
(7) Barter transactions by the Department of CorrectionsCorrections. .
(c)Nothing(c) Nothing in this article is intended to repeal or limit any provision of Section 23-1-40 or-cGCtionor 22Sections 223-2-140 —through through—23-2-175 22 3— Article 5 or Article 6 of Chapter 2 of Title 23.23, commencing with Section 23-2-140, relating to the procurement authority of the State Department of Transportation and the Alabama Toll Road, Bridge and Tunnel Authority.
commencingTo the extent any provision contained in this article conflicts with Section 23-2-140,23-1-40 relatingor toSections the23-2-140 procurementthrough authority23-2-175 ofArticle the5 Stateor DepartmentArticle 6 of TransportationChapter and2 theof AlabamaTitle Toll23, Road,the Bridgelatter andgoverns. Tunnel Authority.
To(d) theNothing extent any provision contained in this article conflictsrepeals withor Sectionlimits 23-1-40any orprovision Sectionsof 44^Section 22—241-4-400, ~7relating Articleto 5the orprocurement ArticlePage 620 ofSB100 ChapterEnrolled 2authority of Titlethe 23,Division theof latterConstruction governs.Management.
(d) Nothing in this article repeals or limits any provision of Section 41-4-400, relating to the procurement Page 20 SBIOO Enrolled authority of the Division of Construction Management.
(e)Nothing(e) Nothing in this article repeals or limits any provision of Section 14-7-8, relating to the procurement authority of Alabama Correctional Industries.
(i) Except for capital equipment, this article does not apply to the purchase by a public hospital of medical productsproducts, ,medical supplies, medical supplies.devices, services, implants, pharmaceuticals, fluids, gases, or any other medical products which are used in the course of treating patients, or to support the treatment of patients.
medical(j)(1) devices,Except services.as provided in subdivision (2), the purchase of supplies or services negotiated on behalf of two-year and four-year colleges and universities may be awarded without competitive bidding, provided that no state revenues, appropriations, or other state funds are expended or Page 21 SB100 Enrolled committed and when it is determined by the respective board that financial benefits will accrue to the institution.
implants , pharmaceu ticals, fluids, gases.
or any other medical products which are used in the course of treating patients.
or to support the treatment of patients.
(j) (1) Except as provided in subdivision (2), the purchase of supplies or services negotiated on behalf of two-year and four-year colleges and universities may be awarded without competitive bidding, provided that no state revenues, appropriations, or other state funds are expended or Page 21 SBIOO Enrolled committed and when it is determined by the respective board that financial benefits will accrue to the institution.
The public notice shall include, at a minimum.minimum, the terms and conditions of any of the supplies or services that are contracted through negotiation without being competitively bid and the name and address of the recipient of the contract.
the terms and conditions of any of the supplies or services that are contracted through negotiation without being competitively bid and the name and address of the recipient of the contract .
(1)(l) This article does not apply to public works projects governed by Title 39.
Road building Page 22 SBIOOSB100 Enrolled materials include dirt, gravel, stone.stone, slag, or borrow materials, in natural state or processed by crushing, grading, or screening processes.
slag, or borrow materials , in natural state or processed by crushing', grading, or screening processes.
(p) Governmental bodies may purchase supplies from any vendor that offers the item at a price at least ten percent below the price established on a statewide contract by the Office—c-—Office the-Gh-ic—fProcurementof the Chief Procurement Officer Division of Procurement for the same item, provided that each purchase, whether for a single item or multiple items, does not exceed an amount established by rules of the Chief Procurement Officer.
The Office—Office —theof the Chief —ProcurementProcurement Officer Division of Procurement shall confirm that the terms and conditions of the purchases are substantially similar to those of the statewide contract for the same item prior to the approval of any purchase under this subsection.
If the purchaser is to take possession Page 23 SBIOOSB100 Enrolled of the purchased supplies at the vendor's physical location, any acquisition of supplies under this subsection may be purchased only from vendors physically located within the state.
The acquisition of supplies under this subsection is subject to the supervision and administration of the Office—Office e-—t4e—of Chief—Procurementthe —OfficerChief Procurement Officer Division of ProcurementProcurement. .
(s) This article does not apply to purchases by the Alabama Department of Rehabilitation Services of supplies and services for the Alabama Department of Rehabilitation Services consumersconsumers. .
(t) This article does not apply to the Alabama Medicaid Agency for purposes of the selection of professional service providers for contracts with physicians, pharmacists, dentists, optometrists, opticians, nurses.nurses, and other health professionals which involve only service on agency task forces, boards, or committees." Page 24 SB100 Enrolled "§41-4-139 (a) A written determination of nonresponsibility of a bidder or offeror shall be made in accordance with rules adopted by the Chief Procurement Officer.
and other health professionals which involve only service on agency task forces, boards, or committees." Page 24 SBIOO E n rolled "§41-4-139 (a) A written determination of nonresponsibility of a bidder or offeror shall be made in accordance with rules adopted by the Chief Procurement Officer.
(b) Confidential information furnished by a bidder or offeror under this section may not be disclosed outside of the Office of —Chief—the Procurement—Chief Procurement Officer Division of Procurement or the purchasing agency without the prior written consent of the bidder or offeror." "§41-4-172 A public procurement unit may sell to, acquire from, or use any supplies or services belonging to another public procurement unit without regard to the requirements of Division 3." "§29-2-41"§29-2-41.1 .1 In case of an emergency adversely affecting public health.health, public safety, security, or the economic public welfare of the state, so declared in writing to the Governor by the Chief Procurement Officer or the head of the institution or a purchasing agency involved, as defined under Section 41-4-114, setting forth the nature of the danger to public health, public safety, security or the economic public welfare of the state, contracts may be let to the extent necessary to meet the emergency without review by the Page 25 SB100 Enrolled committee.
public safety- security , or the eoonomic public welfare of the state, so declared in writing to—th-eCovernor by the Chief Procurement Officer or the head of the institution— e^ a purchasing agency involved , as defined under Section 41-4-114, setting forth the nature of the danger to public health, public safety, security or th— economic public welfare of the state, contracts may be let to the extent necessary to meet the emergency without review by the Page 25 e SBIOO Enrolled committee.
Page 26 SBIOOSB100 Enrolled President and Presiding Officer of the Senate Speaker of the House of Representatives SBIOOSB100 Senate 03-May-23 I hhereby ecertify rethat bcthe ewithin rAct toriginated ith a tth e w ith inA ct o r ig in aand tindandpassed pthe aSenate. sse d th e S e n a te .
Patrick Harris, SecretarySecretary. .
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Show all 202 changed rows (162 more)
Amendments
2 amendmentsClick Show changes on an amendment above to see how it modifies the bill.
Action History
-
Enrolled
Sponsors
- Arthur Orr · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 139 not signed on
Sponsors (1)
Co-sponsors (0)
None.
Not signed on (139)
139 members have not signed on to this bill.
Show all 139 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 0 | 0 | 0 |
| R | 70 | 0 | 0 | 1 |
| D | 25 | 0 | 0 | 1 |
| Total | 100 | 0 | 0 | 2 |
| % of votes cast | 98% | 0% | 0% | 2% |
How each member voted (102)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| R | 22 | 0 | 0 | 3 |
| D | 6 | 0 | 0 | 2 |
| Unaffiliated | 1 | 0 | 0 | 0 |
| Total | 29 | 0 | 0 | 5 |
| % of votes cast | 85% | 0% | 0% | 15% |
How each member voted (34)
| Member | Party | Vote |
|---|---|---|
| Greg J. Reed | — | Yea |
| Bobby D. Singleton | D | Yea |
| Kirk Hatcher | D | Yea |
| Linda Coleman-Madison | D | Yea |
| Merika Coleman | D | Yea |
| Robert Stewart | D | Yea |
| Rodger M. Smitherman | D | Yea |
| Vivian Davis Figures | D | Not Voting |
| William M. Beasley | D | Not Voting |
| Andrew Jones | R | Yea |
| April Weaver | R | Yea |
| Arthur Orr | R | Yea |
| Chris Elliott | R | Not Voting |
| Clyde Chambliss | R | Yea |
| Dan Roberts | R | Yea |
| David Sessions | R | Yea |
| Donnie Chesteen | R | Yea |
| Garlan Gudger | R | Yea |
| Gerald H. Allen | R | Yea |
| Greg Albritton | R | Yea |
| J. T. 'Jabo' Waggoner | R | Yea |
| Jack W. Williams | R | Not Voting |
| Jay Hovey | R | Yea |
| Josh Carnley | R | Yea |
| Keith Kelley | R | Yea |
| Lance Bell | R | Yea |
| Larry Stutts | R | Not Voting |
| Randy Price | R | Yea |
| Sam Givhan | R | Yea |
| Shay Shelnutt | R | Yea |
| Steve Livingston | R | Yea |
| Tim Melson | R | Yea |
| Tom Butler | R | Yea |
| Will Barfoot | R | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 0 | 0 | 0 |
| R | 69 | 0 | 0 | 2 |
| D | 24 | 0 | 0 | 2 |
| Total | 98 | 0 | 0 | 4 |
| % of votes cast | 96% | 0% | 0% | 4% |
How each member voted (102)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 0 | 0 | 0 |
| R | 69 | 0 | 0 | 2 |
| D | 24 | 0 | 0 | 2 |
| Total | 98 | 0 | 0 | 4 |
| % of votes cast | 96% | 0% | 0% | 4% |
How each member voted (102)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| R | 24 | 0 | 0 | 1 |
| D | 7 | 0 | 0 | 1 |
| Unaffiliated | 1 | 0 | 0 | 0 |
| Total | 32 | 0 | 0 | 2 |
| % of votes cast | 94% | 0% | 0% | 6% |
How each member voted (34)
| Member | Party | Vote |
|---|---|---|
| Greg J. Reed | — | Yea |
| Bobby D. Singleton | D | Not Voting |
| Kirk Hatcher | D | Yea |
| Linda Coleman-Madison | D | Yea |
| Merika Coleman | D | Yea |
| Robert Stewart | D | Yea |
| Rodger M. Smitherman | D | Yea |
| Vivian Davis Figures | D | Yea |
| William M. Beasley | D | Yea |
| Andrew Jones | R | Yea |
| April Weaver | R | Yea |
| Arthur Orr | R | Yea |
| Chris Elliott | R | Yea |
| Clyde Chambliss | R | Yea |
| Dan Roberts | R | Yea |
| David Sessions | R | Yea |
| Donnie Chesteen | R | Yea |
| Garlan Gudger | R | Yea |
| Gerald H. Allen | R | Yea |
| Greg Albritton | R | Yea |
| J. T. 'Jabo' Waggoner | R | Yea |
| Jack W. Williams | R | Yea |
| Jay Hovey | R | Yea |
| Josh Carnley | R | Yea |
| Keith Kelley | R | Yea |
| Lance Bell | R | Yea |
| Larry Stutts | R | Yea |
| Randy Price | R | Yea |
| Sam Givhan | R | Yea |
| Shay Shelnutt | R | Yea |
| Steve Livingston | R | Yea |
| Tim Melson | R | Yea |
| Tom Butler | R | Yea |
| Will Barfoot | R | Not Voting |
Subjects
Frequently asked questions
- What does SB 100 do?
- Finance Department; Division of Procurement; procurement of certain professional services, exceptions further provided
- Who sponsors SB 100?
- SB 100 is sponsored by Arthur Orr (R).
- What is the current status of SB 100?
- This bill has been enacted into law. Introduced March 21, 2023. Enacted.
- Where can I track SB 100?
- Track SB 100 free on One Click Politics — get push/email alerts when it moves.
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