HB2028 H GO AM 1-21

Webb 3289

            The Committee on Government Organization moves to amend the bill on page one, starting on line nineteen, after the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following:

“ARTICLE 3. PURCHASING DIVISION.

§5A-3-10f. Prohibition on awarding contracts to vendors owned by state officials or by family members of state officials.

            (a) Unless the context clearly requires a different meaning, for the purposes of this section, the following terms are defined as follows:

            (1) “Family member of a state official” means a person who is the spouse, father, mother, son, daughter, brother or sister of any state official or who is the spouse of any such person so related to a state official.

            (2) “Office” means any position held by election to or appointment by the Governor, whether legislative, executive or judicial, including, but not limited to, any constitutional office, agency, department, division, bureau, board, commission or other agency which expends state funds.

            (3) “State official” means any person who is elected to or appointed by the Governor to a state office.

            (4) "Vendor" means any sole proprietorship, corporation, partnership, association, limited liability company or any other firm or business association which is a for-profit entity.

            (b) No contract or contract renewal with the office of a state official in which he or she serves, including any contract or contract renewal with any agency otherwise exempt from the provisions of this article, shall be awarded by the state to any vendor or prospective vendor when the vendor or prospective vendor is related to any state official by blood or marriage or when the state official or the family member of a state official has a relationship of ownership or other interest of five percent or greater in the vendor or prospective vendor.

            (c) All responses to bid solicitations, requests for quotation, requests for proposal, contracts, or contract renewals with the state submitted or approved under the provisions of this code shall include an affidavit that the vendor or prospective vendor is not in violation of this section.”