SB215 By Senator Holley RFD Governmental Affairs Rd 1 12-MAR-15

SYNOPSIS: Under current law, the Contract Review Permanent Legislative Oversight Committee reviews certain contracts entered into by state agencies.

This bill would require state agencies to submit certain documents intended for mass publication to this committee for prior approval.

A BILL TO BE ENTITLED AN ACT

To amend Sections 29-2-40, 29-2-41, and 29-2-41.3, Code of Alabama 1975, relating to the Contract Review Permanent Legislative Oversight Committee and to provide for oversight by this committee of certain publications disseminated by state agencies.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Sections 29-2-40, 29-2-41, and 29-2-41.3, Code of Alabama 1975, are hereby amended to read as follows:

§29-2-40.

"There is hereby created the Contract and Publication Review Permanent Legislative Oversight Committee. Said committee shall be composed of the Chairman of the Senate Finance and Taxation Committee and the Chairman of the House Ways and Means Committee, and three additional members of the Senate, to be appointed by the President of the Senate, and three additional members of the House, to be appointed by the Speaker of the House.

§29-2-41.

"(a) Each member of the committee shall be entitled to regular legislative compensation, per diem, and travel expenses for each day he or she attends a meeting of the committee, which shall be paid out of the funds appropriated to the use of the Legislature, on warrants drawn on the state Comptroller upon requisition signed by the committee's chair. Members shall not receive additional compensation or per diem when the Legislature is in session. The Department of Examiners of Public Accounts shall furnish assistance and any relevant information to the committee. The committee shall have the responsibility of reviewing contracts for personal or professional services with private entities or individuals to be paid out of appropriated funds, federal or state, on a state warrant issued as recompense for those services. Each state department entering into a contract to be paid out of appropriated funds, federal or state, on a state warrant which is notified by the committee is required to submit to the committee any proposed contract for personal or professional services. Each contract shall be accompanied by an itemization of the total cost estimate of the contract. The department may, in lieu of the proposed contract, submit to the committee a letter of intent to contract. Such letter of intent to contract shall indicate the contracting parties, the services to be performed, an itemization of the total cost estimate of the contract, and such other information as the department may deem pertinent to the committee review of the contract. The committee shall review and comment where necessary on any such contract or letter of intent to contract within a reasonable time not to exceed 45 days after the department has submitted the contract or letter of intent to contract to the committee. Any contract made by the state or any of its agencies or departments in violation of this section and without prior review by the committee of either the contract or the letter of intent to contract shall be void ab initio. If the committee fails to review and comment upon any contract or letter of intent to contract within the aforementioned 45-day time period, such contract shall be deemed to have been reviewed in compliance with this section.

"Should the department elect to submit a letter of intent to contract in lieu of a proposed contract, as authorized in the preceding paragraph, the department shall be required to submit to the committee for its information the contract described in the letter of intent upon the execution of the contract.

"(b) In addition to the duties prescribed in subsection (a), the committee shall have the responsibility of reviewing all publications for mass distribution where postage and/or printing of such publication is to be paid out of appropriated funds, federal or state, on a state warrant issued as recompense for those services. Each publication shall be accompanied by an itemization of the total cost estimate of the publication. The department may, in lieu of the proposed publication, submit to the committee a letter of intent to produce such publication. Such letter of intent shall indicate the nature of the information to be disseminated, an itemization of the total cost estimate of the publication, and such other information as the department may deem pertinent to the committee review of the publication. The committee shall review and comment where necessary on any such publication or letter of intent to produce such publication within a reasonable time not to exceed 90 days after the department has submitted the publication or letter of intent to produce such publication to the committee. A report of any state agencies or departments producing a publication in violation of this subsection and without prior review by the committee of either the publication or the letter of intent to produce such publication shall be sent to the Chairs of the House Ways and Means Committee (Education and General Fund) and the Chairs of the Finance and Taxation Committees (Education and General Fund). If the committee fails to review and comment upon any publication or letter of intent to produce such publication within the aforementioned 90-day time period, such publication shall be deemed to have been reviewed in compliance with this section.

"(c) The committee shall have the power to issue subpoenas for any witnesses and to require the production of any documents or contracts it feels it needs to examine in the conduct of its duties.

"The committee shall organize itself at the first meeting and elect from among its membership a chair and a vice-chair. The committee shall hold regular meetings at least once each month, the regular meetings to be held during the first week of each month."

§29-2-41.3.

"(a) The following personal and/or professional services contracts shall be excluded from the terms of this article:

"(1) Contracts for insurance;

"(2) Contracts let by competitive bid;

"(3) Contracts entered into by public corporations and authorities;

"(4) Any contract the total amount of which does not exceed $1,500.00, said total amount to include both compensation and reimbursement of expenses, except as provided in subsection (b).

"(b) The following publications shall be excluded from the terms of this article:

"(1) Publications costing less than $100 to produce and distribute; and

"(2) Publications distributed solely via electronic means."