Section 11-3-61 Procurement or Purchasing Programs. (Amended by Act 2026-57)

AMENDED BY ACT 2026-57, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE. (a) In addition to authority granted in Section 11-3-60, a county commission may adopt a procurement or purchasing program designed to simplify the purchasing of certain tangible personal property provided the program is designed in a manner that shall provide significant cost savings to the county and includes written policy and procedures for implementation and administration of the program as set out in subsection (c). For the purposes of this article, a “procurement or purchasing program” is a purchase payment program utilized as an alternative purchase order process with vendors agreeing to participate in such process. The program shall be approved by the county commission in order to allow individualized purchases of tangible personal property items which have received prior approval by the county commission through use of a card programmed for limited purchases of specific items by an individual designated by the county commission to make the purchases. (b) Prior to implementation of a procurement or purchasing program, the county commission shall make the following determinations: (1) That the program to be implemented meets governmental accounting standards and practices for development and administration of such program. (2) That the program will provide significant cost savings to the county. (3) That the program has been developed and designed in a manner that provides all necessary purchasing and accounting documentation required by the Department of Examiners of Public Accounts. (4) That the program has been developed and designed with sufficient safeguards to significantly reduce the risk of mismanagement or misappropriation of funds. (5) That the program will be carefully supervised and overseen by the county chief administrative officer. (c) The county commission shall adopt written policy and procedures for the implementation, administration, and operation of the program, which policy and procedures shall include at a minimum, each of the following: (1) A monetary limit on the amount of any individual purchase which may be made using a procurement or purchasing card. (2) A monetary limit on the total monthly amount that may be purchased with a procurement or purchasing card, taking into consideration the county’s debt limit. (3) Procedures to ensure that any person utilizing a procurement or purchasing card has been properly trained regarding use of the card, including purchases which are allowed, proper process for documenting purchases, and daily and monthly monetary limits. (4) Procedures to ensure that the chief administrative officer carefully supervises and oversees the administration of the program and the use of procurement or purchasing cards within the county. (5) Procedures for the chief administrative officer to keep accurate records of all purchases made with a procurement or purchasing card, which records shall be periodically reviewed by the chair of the county commission and may be reviewed periodically by any member of the county commission. (6) Procedures to ensure that all procurement or purchasing card bills are carefully reviewed by the chief administrative officer each month to make sure that no unauthorized charges appear on the bill. (7) Procedures to ensure the full cost of every purchase made through the use of a procurement card is paid or settled by electronic transfer within not more than 45 days of the purchase. (8) Procedures to ensure that the county is at all times in compliance with the provisions of Article 3 of Chapter 16 of Title 41. (d) Any company, financial institution, or other organization providing procurement card services as authorized under this article shall ensure the county commission’s purchasing authority is suspended immediately should the payment or electronic settlement for any item fail to be received within the 45-day limit required in subdivision (7) of subsection (c).