AL Code § 41-4-400 (2021)
2021 Code of Alabama|Title 41 - State Government.|Chapter 4 - Department of Finance.|Article 14 - Stewardship of State-Owned Property and Leased Real Property.|Division 5 - Division of Construction Management.|Part 1 - Creation.|Section 41-4-400 - Division Created; Powers and Duties; Director.

Section 41-4-400Division created; powers and duties; director.  THIS SECTION WAS AMENDED BY ACT 2021-476 IN THE 2021 REGULAR SESSION, EFFECTIVE FEBRUARY 1, 2022. TO SEE THE AMENDED VERSION, SEE THE VERSION LABELED PENDING. (a) There shall be established within the Department of Finance the Division of Construction Management. The division shall have full power and authority for, and on behalf of, the State of Alabama to do any or all of the following: (1) To acquire lands by purchase, condemnation, or otherwise. (2) To plan for the construction, repair, remodeling, enlargement, renovation, furnishing, refurnishing, improvement, or relocation of buildings, structures, and facilities for state departments, boards, bureaus, commissions, agencies, and offices. (3) To set policies, procedures, and guidelines for the design, construction, renovation, equipment, furnishing, maintenance, and improvement of all property now owned or hereafter acquired by the state or any institution or agency thereof. (4) To construct, repair, equip, remodel, enlarge, renovate, furnish, refurnish, improve, and locate buildings, structures, and facilities for the use of the State of Alabama or any of its departments, boards, bureaus, commissions, agencies, and offices as in its judgment shall be necessary for state, institutional, or agency purposes. (5) To enter into contract or consult with architects, engineers, contractors, suppliers, and others as needed to perform any of the functions provided for in this subsection. (6) To receive any moneys, land, or equipment donated, appropriated, or otherwise acquired by it for the purposes provided for in this subsection. (7) To charge and provide for collection of user fees for its services. The fees established shall take into consideration the costs of operating the division.  (8) To make and adopt all necessary rules, regulations, and plans for its own guidance and for the proper conduct of the duties imposed upon it. (9) To review and approve or disapprove all proposed construction, renovation, or improvement projects for constructability, durability, and maintainability and to ensure the efficient use and availability of funds. (10) To promulgate uniform standards for the construction and renovation of all state-owned facilities. (11) To review and administer all design and construction contracts for all state-owned facilities as provided for in this subsection. (12) To submit to the Director of Finance the priorities and recommendations for the repair, renovation, capital improvement and planning needs of state departments, boards, bureaus, commissions, agencies and offices. (13) To review and approve or disapprove all state bond expenditures approved for construction. (14) To review all emergency project declarations and to aid in the timely execution of emergency projects. (b) The Division of Construction Management shall be headed by and under the supervision, direction and control of an officer who shall be designated director of construction management. He or she shall be appointed, subject to the provisions of the state Merit Law, by the Director of Finance, with the approval of the Governor. The compensation of such officer shall be fixed in accordance with the pay plan of the state Merit System. (c) Effective October 1, 2015, the Building Commission established in Section 41-9-140 is abolished. All powers, authority and jurisdiction of the Building Commission, including but not limited to those authorities currently established in Sections 16-1-2.1 and 16-1-2.2, 16-16-10 (o)(2) and (p), 34-14B-1 to 34-14B-10, 39-2-2(f)(1), 41-9-160 to 41-9-165, 41-9-170 to 41-9-174, 41-9-243, 41-9-542, 41-10-271, 41-10-364, and 41-16-72(3)(a) through (f) are hereby transferred to the Division of Construction Management within the Department of Finance. (d) Notwithstanding any other provisions of this article, all persons employed with the Building Commission on October 1, 2015, shall be transferred to the Department of Finance. (Acts 1945, No. 128, p. 116, §2; Acts 1993, No. 93-344, p. 533, §1; §41-9-141; Act 2015-435, §§3, 4, 15.)