Request By:
Mr. Fred B. Creasey
Executive Director
Kentucky Association of Counties
205 Capital Avenue
Frankfort, Kentucky 40601
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
You have written that Senate Bill 152, which amends KRS Chapter 45A and KRS 424.260, allows local governments that have not adopted the Model Procurement Code to purchase up to $7,500 without taking bids.
Your question is: Does it allow local governments that have adopted the code to make purchases above $5,000 without following the bid process?
Under current law, KRS 45A.343, any fiscal court may adopt the provisions of KRS 45A.345 through 45A.460. Thus any fiscal court adopting such sections may, under KRS 45A.385, effect purchases not exceeding $5,000 without formal bidding procedures. Those fiscal courts, under current law, which have not adopted the stated sections of the code, are governed by KRS 424.260, which, prior to S.B. 152, permits purchases of up to $5,000 without formal bidding procedures.
Since S.B. 152 amends KRS 45A.080, 45A.100, 45A.335, it has no effect upon fiscal courts which have adopted KRS 45A.345 through 45A.460. Section 4 of the bill amends KRS 424.260 by providing in effect that a fiscal court, governed by that statute (any fiscal court not adopting KRS 45A.345 through 45A.460 is governed by KRS 424.260), may effect purchases up to $7,500 without formal bidding procedure.
Under an emergency clause, S.B. 152 became effective April 2, 1982, as relates to Section 3 of the bill. The remaining sections of the bill become effective as ordinary legislation on July 15, 1982. See § 55, Kentucky Constitution, and McIntyre v. Commonwealth, 221 Ky. 16, 297 S.W. 931 (1927) 933. See OAG 82-308.
This should answer your questions as to the effect of S.B. 152 upon fiscal court purchasing procedure.