Constitutional Reform

LWVAL Action Priority Level I (Highest) - Monitoring and action of highest priority. Major area for resource expenditures.

Click a bill to see sponsor(s), summary (including link to full text), League action and justification for that action, and progress of the bill through the legislative process.


Legend:
thumbs_up_icon.jpg = LWVAL's support for the legislation.
thumbs_down_icon.jpg = LWVAL's opposition to the legislation.
green-right-arrow.jpg = new bill activity; change from previous week's report such as new progress in the legislature and/or League action. Bill may be one newly added to the report. These updates are in green font.

LWVAL has taken a position on these bills:

thumbs_up_icon.jpgHB357 - Private corporations, railroads, canals, constitutional provisions in Article XII, Constitution of Alabama of 1901, amended and repealed, Sections 229, 240 (Recompiled Constitution of Alabama of 1901 as amended), am'd., Sections 230, 231, 232, 233, 234, 236, 237, 243, 244, 245, 246 (Recompiled Constitution of Alabama of 1901, as amended), repealed, const. amend.

Sponsor(s): Representative DeMarco

Summary/Synopsis: Constitutional Amendment.
Under the Constitution of Alabama of 1901, portions of Article XII relate to private corporations and railroads and canals. This bill would propose an amendment to the Constitution which would rewrite certain sections of Article XII as generally described herein and would repeal other sections.

This bill would amend, effective January 1, 2014, Section 229, as amended by Amendment 27 of the Constitution of Alabama of 1901, now appearing as Section 229 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, by replacing current language with language specifying that the Legislature, by general law only, may pass laws under which corporations and other entities may be organized, dissolved, and regulated and that the Legislature shall provide for the payment of a tax on the privilege of doing business or being organized, incorporated, qualified, or registered under the laws of Alabama.

This bill would also amend Section 239 of the Constitution of Alabama of 1901, now appearing as Section 239 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, by deleting language regarding telegraph and telephone companies. This bill would also amend Section 240 of the Constitution of Alabama of 1901, now appearing as Section 240 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, by adding language formerly found in Section 236, which this bill would repeal, specifying that a stockholder in a corporation cannot be individually liable for more than the unpaid stock owned by that stockholder.

This bill would also repeal the following sections of Article XII relating to private corporations and railroads and canals:

Section 230 of the Constitution of Alabama of 1901, now appearing as Section 230 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, relating to the cancellation of certain corporate charters;

Section 231 of the Constitution of Alabama of 1901, now appearing as Section 231 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, relating to limitation on remitting forfeiture of corporate charters;

Section 232, as amended, by Amendment 473 of the Constitution of Alabama of 1901, now appearing as Section 232 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, relating to foreign corporations doing business in the state;

Section 233 of the Constitution of Alabama of 1901, now appearing as Section 233 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, relating to corporations being restricted to business authorized by the charter;

Section 234 of the Constitution of Alabama of 1901, now appearing as Section 234 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, relating to restrictions on the issuance of corporate stocks and bonds;

Section 236 of the Constitution of Alabama of 1901, now appearing as Section 236 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, relating to security for dues from private corporations and liability of stockholders;

Section 237 of the Constitution of Alabama of 1901, now appearing as Section 237 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, relating to issuance of preferred stock by corporations;

Section 243 of the Constitution of Alabama of 1901, now appearing as Section 243 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, specifying that the regulation of railroad companies is vested in the Legislature;

Section 244 of the Constitution of Alabama of 1901, now appearing as Section 244 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, relating to prohibiting the giving of free passes or discount tickets to members of the Legislature or officers exercising judicial functions;

Section 245 of the Constitution of Alabama of 1901, now appearing as Section 245 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, relating to railroads not giving rebates or bonuses, and deceiving or misleading the public as to rates; and

Section 246 of the Constitution of Alabama of 1901, now appearing as Section 246 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, relating to acceptance of article as a prerequisite to benefits of future legislation.
Unchanged sections:

Section 235 of the Constitution of Alabama of 1901, now appearing as Section 235 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, relating to the taking of property for public use by municipal and other corporations would not be changed. Section 238 of the Constitution of Alabama of 1901, now appearing as Section 238 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, relating to the authority of the Legislature to revoke charters of incorporation would not be changed.

Section 241 of the Constitution of Alabama of 1901, now appearing as Section 241 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, relating to the definition of a corporation would not be changed.

Section 242 of the Constitution of Alabama of 1901, now appearing as Section 242 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, relating to when railroads and canals are deemed public highways and relating to railroad and canal companies, common carriers, and rights of railroad companies generally would not be changed.


League Action and Justification: LWVAL supports HB357. The League position on Constitutional Reform states: “The Alabama Constitution should protect the people in the exercise of their civil liberties and provide a framework for government, broadly defining authorities, responsibilities, and relationships between branches of state government and between state and local governments. It should contain neither statutory law nor restrictive details that necessitate continual amendment.” This amendment would place appropriate authority in the Legislature to make general laws. It removes restrictions that were placed in the Constitution in response to actions taken by certain corporations and decision makers in the late 1800s that are too restrictive today.

Bill Progress in Legislature: 2/16/2012: First reading and referred to the 03/01/2012: Read for 2nd time and places on the calendar; pending 3rd reading and Favorable from CC&E.
03/15/2012: Third reading passed; Motion to Read a 3rd Time and Pass adopted (90-0-0)
03/15/2012: Read for the first time in Senate and referred to the 3/21/2012: on CCCFE&E schedule, Room 325, 3:30 p.m.
03/22/2012: Read for the 2nd time and placed on the calendar; pending 3rd reading and favorable from CCFE&E.
4/26/2012: 3rd Reading Carried Over to Call of the Chair; Marsh to Carry Over to the Call of the Chair Granted; Further Consideration.
5/1/2012: 3rd reading passed; Motion to Read a 3rd Time and Pass adopted (27-0-0)
5/2/2012: Passed 2nd house; signature requested; enrolled; Clerk of the House Certification
5/2/2012: Forwarded to Secretary of State on May 2, 2012 at 4:51 p.m.

thumbs_up_icon.jpgHB358 - Banks and banking, Section 247, (Recompiled Constitution of Alabama of 1901, as amended), am'd. to prohibit establishment of a bank except by general banking law, to provide for unlimited duration, to prohibit political subdivisions from owning stock or lending credit, and to provide for examination requirements; Sections 248, 249, 251, 252, 253, 254 (Recompiled Constitution of Alabama of 1901, as amended), repealed upon certain contingency, const. amend.

Sponsor(s): Representative DeMarco

Summary/Synopsis: Constitutional Amendment.
Under the Constitution of Alabama of 1901, Article XIII relates to banks and banking. This bill would propose an amendment to the Constitution which would rewrite one section of Article XIII as generally described herein and would repeal certain other sections.

This bill, effective January 1, 2014, would subdivide Section 247 of the Constitution of Alabama of 1901, now appearing as Section 247 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, into four subsections and amend the section by adding language prohibiting any bank from being established except by a general banking law as well as inserting language formerly in Section 251, Section 253, and Section 254 of the Constitution of Alabama of 1901, now appearing as Sections 251, 253, and 254 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, regarding unlimited duration, political subdivisions may not be stockholders or lend credit, and bank examination requirements.

This bill would repeal the following Sections of Article XIII of the Constitution of Alabama of 1901; Section 248 of the Constitution of Alabama of 1901, now appearing as Section 248 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, relating to banking laws being general, specie basis, and the authority to issue bills to circulate as money; Section 249 of the Constitution of Alabama of 1901, now appearing as Section 249 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, relating to bills or notes issued as money redeemable in gold or silver and specifying laws may not sanction suspension of the specie payments; Section 251, as amended by Amendment 51 of the Constitution of Alabama of 1901, now appearing as Section 251 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, relating to termination of business; Section 252 of the Constitution of Alabama of 1901, now appearing as Section 252 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, relating to maximum rate of interest; Section 253 of the Constitution of Alabama of 1901, now appearing as Section 253 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, relating to state and political subdivisions not to be stockholders in banks or lend credit thereto; and Section 254 of the Constitution of Alabama of 1901, now appearing as Section 254 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, relating to examinations of banks by public officers and semiannual reports by banks; Amendment 154 of the Constitution of Alabama of 1901, now appearing as Section 255.01 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, would be repealed on the contingency that a new Article XII is adopted as a part of the Alabama Constitution which repeals existing Section 232 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, and that Sections 10A-2-15.01 and 10A-2-15.02, Code of Alabama 1975, are repealed.

Section 255, relating to the applicability of the article, would not be changed.


League Action and Justification: LWVAL supports HB358. The League position on Constitutional Reform states: “The Alabama Constitution should protect the people in the exercise of their civil liberties and provide a framework for government, broadly defining authorities, responsibilities, and relationships between branches of state government and between state and local governments. It should contain neither statutory law nor restrictive details that necessitate continual amendment.” This amendment would place appropriate authority in the Legislature to make general laws. It removes restrictions that were placed in the Constitution in response to actions taken by certain corporations and decision makers in the late 1800s that are too restrictive today.

Bill Progress in Legislature: 2/16/2012: First reading and referred to the 03/01/2012: Read for 2nd time and places on the calendar; pending 3rd reading and Favorable from CC&E.
03/15/2012: 3rd reading passed; Motion to Read a 3rd Time and Pass adopted (90-0-0)
3/15/2012: Read for the 1st time in the Senate and refereed to the 3/21/2012: on CCCFE&E schedule, Room 325, 3:30 p.m.
03/22/2012: Read for the 2nd time and placed on the calendar; pending 3rd reading and favorable from CCFE&E.
5/1/2012: 3rd reading passed; Motion to Read a 3rd Time and Pass adopted (27-3-0)
5/2/2012: Passed 2nd house; signature requested; enrolled; Clerk of the House Certification
5/2/2012: Forwarded to Secretary of State on May 2, 2012 at 4:51 p.m.

thumbs_down_icon.jpgSB25/HB227 - Legislature, vote required to override gubernatorial veto, increased, procedure for gubernatorial vetoes, altered, Section 125 (Section 125, Recompiled Constitution of Alabama of 1901, as amended) am'd., const. amend.

Sponsor(s):
SB25 - Senator Brewbaker
HB227 - Representative J. Hubbard

Summary/Synopsis: Under Section 125 of the Constitution of Alabama of 1901, now appearing as Section 125 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, a veto of a bill by the Governor may be overridden by a majority vote of the Legislature. This bill would propose a constitutional amendment to change the vote requirement to three-fifths of the whole number elected to each respective house. The proposed amendment would also eliminate the ability of the Governor to pocket veto a bill presented within five days of final adjournment and extend the time after final adjournment for him or her to approve or disapprove a bill from 10 days to 15 days.*

*Note: If the bill is not disapproved by the governor during those 15 days and the disapproved bill is deposited with the Secretary of State, the bill will become law.


LWVAL Action and Justification: LWVAL opposes SB25 and HB227. The League position on Constitutional Reform states: “The three branches of state government should have authority sufficient to perform their distinct responsibilities independently, and they should function as co-equals within the traditional framework of checks and balances.” The current bill alters that balance in a governmental system undergoing major change and facing serious financial problems.

The veto override majority level is an area where few, if any, calls for reform have been publicly expressed or debated. League opposed this bill in 2011. The pocket veto changes were added to the original legislation in 2011 and increased support for the legislation.

Bill Progress in Legislature:
SB25 2/7/2012: First reading and referred to the 2/14/2012: 2nd reading and placed on the calendar; pending 3rd reading and favorable from CCFE&E.

5/09/2012: Indefinitely postponed.

HB227: 02/08/2012: First reading and referred to the HB227 was on the CC&E calendar for 2/22/2012 – Room 123 at 9:00 a.m.

thumbs_down_icon.jpgSB142 - Occupational tax, levy by county or municipality, prohibited, const. amend.

Sponsor(s): Senator Orr

Summary/Synopsis: Constitutional Amendment. This bill would propose an amendment to the Constitution of Alabama of 1901, to prohibit the collection of an occupational tax by a county or a municipality unless the tax was imposed before January 1, 2012.
League Action and Justification: LWVAL opposes SB142. League’s position on Constitutional Reform is that “taxation and finance provisions in the constitution should provide for the flexibility to address changing conditions.” And, “The constitution should place no limitations on ad valorem and income taxes.” League also believes “Local government entities should be given more power to tax themselves.”

Bill Progress in Legislature: 02/07/2012: First reading and referred to the
02/23/2012: 2ND reading and placed on the calendar with one amendment (137094-2); pending 3rd reading on day 8 and favorable from FTGF.

5/09/2012: Indefinitely postponed.

Note: The amendment exempts Jefferson County from the prohibition against the tax.

thumbs_down_icon.jpgSB516 - Forever Wild Trust Fund, if electorate fails to reauthorize, funds for trust shall be reappropriated to high schools for vocational training and to Alabama Department of Child Abuse and Neglect Prevention, const. amend

Sponsor(s): Senator McGill

Summary/Synopsis:  Constitutional Amendment.  This bill would propose a constitutional amendment providing that if a majority of the qualified voters fail to ratify Act 2011-315 of the 2011 Regular Session to reauthorize the Forever Wild Land Trust or reauthorize the Trust with fewer yes votes than this amendment, then the money that would have funded the Forever Wild Land Trust would be transferred to the Alabama Department of Child Abuse and Neglect Prevention, and to the Education Trust Fund.
League Action and Justification: LWVAL opposes SB516.
The League supports the Forever Wild reauthorization as aiding both quality of life and economic development.

Bill Progress in Legislature:
4/12/2012: Read for the first time and referred to the
LWVAL is monitoring these bills.

SB17 & SB19 - Elected state officials, Legislature authorized to recall by general law, const. amend.

Sponsor(s):
SB17 – Sponsor(s): Senator Bedford
SB19 – Sponsor(s): Senator Keahey
SB17 and SB19 as submitted are identical bills.

Summary/Synopsis: Constitutional Amendment. This bill would propose an amendment to the Constitution of Alabama of 1901, authorizing the Legislature to provide by general law for recall of elected state officials.

Note: The amendment gives the legislature the power to enact general laws not inconsistent with the amendment that are necessary for its implementation (examples cover in other states include petition format, valid signatures, etc.).

It also requires any recall general law passed by the legislature to include the following:
1. Qualified electors of the state or any judicial or legislative district may petition for the recall of any incumbent elected officer after the first year of the term for which the incumbent was elected by filing a petition with the Secretary of State (SOS) demanding the recall of the incumbent.
2. Within 90 days of filing with the SOS, the recall petition must be signed by electors equaling at least 25% of the vote cast for the office at the last preceding election in the state or district which the incumbent represents.
3. If the SOS determines a sufficient number of signatures have been obtained within the 90-day period, the SOS shall call a recall election for the sixth Tuesday following the determination.
4. The incumbent continues to perform the duties of the office until the recall election results are officially declared.
5. Other candidates may file for the office in the manner provided by law for special elections, but no primary elections may be held.
6. The recall election shall be conducted in the same manner as other special elections.
7. The incumbent or other person who receives the highest number of votes in the recall election shall be elected for the remainder of the term.
8. After one petition and recall election, no further recall petition may be filed against the same officer during the term for which he or she was elected.
9. Grounds for initiating a recall petition shall include any of the following during an incumbent's term of office: (1) malfeasance or nonfeasance; (2) lack of physical or mental fitness; (3) incompetence; (4) violation of an oath of office.
The Montgomery Advertiser has endorsed the legislation as submitted.

LWVAL Action and Justification: LWVAL is monitoring SB17 and SB19. LWVAL has no position on recall; however, given the potential impacts of such legislation, the Advocacy Committee will monitor the legislation in order to keep the membership informed.

Bill Progress in Legislature:
SB17 - 2/7/2012: First reading and referred to the 03/14/2012: On CCFE&E calendar for 2 p.m. Room 325
03/21/2012: on CCFE&E calendar for 3:30 p.m. Room 325
03/22/2012: Read for the 2nd time placed on the calendar with 3 Amendments (139716-1; 139721-1; and 139725-1); pending 3rd read and favorable from CCFE&E with 3 Amendments.

5/09/2012: Indefinitely postponed.

Note: Amendment 139716-1 requires the number of petition signatures be based on the vote at the last preceding general election in the state or district which the incumbent represents. 139721- Requires a 2/3 vote of each house pass a law to set up procedures for recall. 139725-1 Requires manual, not electronic, signatures on all recall petitions;

SB19 - 2/7/2012: First reading and referred to

HB204 - Recall elections of certain elected state officials, proposed const. amend.

Sponsor(s): Representative Melton

Summary/Synopsis: Constitutional Amendment. This bill would propose an amendment to the Constitution of Alabama of 1901, to provide a procedure for qualified state electors to recall certain state elected officers.

League Action and Justification: LWVAL is monitoring HB204.

Note: Major differences in this bill compared to SB17 and SB19 include:
1. It exempts judicial officers from recall.
2. The petition signature requirement is 20 percent, not 25 percent, of those voting in the previous statewide election.
3. 100 days for signature collection, not 90.
4. If the recall vote succeeds in removing the officeholder, the current constitutional or statutory method for filling the vacancy shall be applied.
5. The petitioner must pay the Secretary of State a fee equal to the qualification fee for that office.
6. If a petition is certified, the Governor, within 21 days, shall schedule the recall election. The recall election shall be held within six weeks of the date on which the petition was certified.

Bill Progress in Legislature:
02/07/2011: First reading and referred to the Correction - "2/14/2012: 2nd reading and placed on calendar; pending 3rd reading and favorable from CCFE&E." was mistakenly listed in the 2/26/12 report under "Bill Progress in Legislature" and is now removed.

HB311 - Elections, procedure for recall of an incumbent elected officers provided, const. amend.

Sponsor(s): Representative Melton

Summary/Synopsis: Constitutional Amendment. This bill provides a procedure for qualified electors to petition for the recall of incumbent elected officers.

Major differences between this bill and Melton’s other recall bill, SB204, combined with previous comparison of HB204 to SB17 and SB19 include:
1. HB311 includes judicial officers, as do SB17 and SB19.
2. For the signature requirement HB311 specifies 25 percent, as do the senate bills, not 20 percent as in HB204. HB311 does not address the petition process as HB204 does, which requires 100 signatures from each county for a statewide election.
3. Unlike other bills this one seems to say that the incumbent can become a candidate in the recall elections. [“Unless the incumbent declines within 10 days after the filing of the petition, the incumbent shall without filing be deemed to have filed for recall election.” The next sentence says, “other candidates may file.”]
4. Time for collecting signatures is not specified as in other bills. In HB311, the filing officer sets an election 6 weeks after the filing.
5. HB311 removes the passages from HB204 that describe grounds for recall.
6. Instead of mentioning constitutional or statutory methods of election, HB311 devotes much more attention than any other bill to the recall election itself. It provides for separate primary elections for each party, with independents placed on the recall ballot. Instead of referring to the usual methods for elections to fill vacant offices, in HB311 the amendment is to be “self-executing and mandatory.” Laws may be enacted to facilitate its operation, but no law shall hamper, restrict, or impair the right of recall.

The two Senate bills permit the Legislature to make general laws for recall. The two House bills set recall into the constitution itself. Because the process of recall will be new and complex, and may need to be modified, it seems particularly unwise to set up the particulars of recall procedure so to be so difficult to amend.

League Action and Justification: LWVAL is monitoring HB311.

Bill Progress in Legislature:
02/14/2012: First Reading and referred to referred to the

SB61 - Term limits, members of Senate and House of Representatives limited to three consecutive full terms, const. amend.

Sponsor(s): Senators Pittman, Beason, Orr, Sanford, Brooks, Brewbaker,Reed, Marsh and McGill

Summary/Synopsis: This bill would propose an amendment to the Constitution of Alabama of 1901 that would provide that no person may be elected to either house of the Legislature for more than three full consecutive terms. The amendment would provide that an election to either the Senate or the House of Representatives for at least two years would be equivalent to the election for a full term in that respective body. The amendment would provide that service in the Senate and service in the House of Representatives prior to November 2012 would not disqualify, in whole or in part, a person from service in that respective body following that date.

Note: Recent reports from states that have enacted term limits are that when faced with an influx of new legislators due to both term limits at a time when changes in the political environment lead to incumbent election loses results in an inexperienced legislature that must rely heavily on staff. Alabama legislators have little personal staff and no nonpartisan policy analysis office to assist in research. The nonpartisan Legislative Reference Service and Legislative Fiscal Offices perform other important functions.

Those who support such legislation may argue that shorter terms prevent legislators from getting too close to special interests. This problem seems solvable by good ethics laws that go to the core of the problem.

League Action & Justification: LWVAL is monitoring SB61. Similar legislation introduced in 2011 did not reach the floor of either house.

Bill Progress in Legislature:
2/7/2012: First reading and referred to the 2/14/2012: 2nd reading and placed on calendar; pending 3rd reading and favorable from CCFE&E.
5/09/2012: Indefinitely postponed.

green-right-arrow.jpgHB211 - Legislature, limit service in the Legislature to three terms , proposed const. amend.

Sponsor(s): Representative Colston

Summary/Synopsis: Constitutional Amendment. This bill would propose an amendment to the
Constitution of Alabama of 1901, to place a three-term limit on serving in the Legislature.

Note: Very similar to SB61 but with service prior to November 3, 2010 does not disqualify member from service. SB61 sets the date at November 2012. Does not include exclusions from reentry found in HB263.

League Action and Justification: LWVAL is monitoring HB211. See SB61.

Bill Progress in Legislature:
02/07/2012: First Reading and referred to referred to the 5/09/2012: Indefinitely postponed.

HB263 - Initiative, constitutional amendments, proposed by people, authorized, Legislature may offer alternate proposal, const. amend.

Sponsor(s): Senators Ball, Hill, McCutcheon and Todd

Summary/Synopsis: Constitutional Amendment (Initiative and Referendum)

Under existing law, the Constitution of Alabama of 1901 may be amended by the Legislature submitting a proposed constitutional amendment for ratification or rejection by the people which becomes effective upon ratification and proclamation. Laws must be enacted by the Legislature and generally become effective upon enactment or at a later date provided by the statute.

This bill would propose an amendment to the Constitution of Alabama of 1901 to provide that the people also may propose the enactment of general laws and constitutional amendments by an initiative measure subject to the same limitations imposed on the Legislature and that the Legislature may offer an alternate proposal.

League Action and Justification: LWVAL is monitoring HB263. The bill seems to agree with the intent of the League position on I & R and includes almost all of the safeguards League prefers, but League has two concerns that are discussed below. Versions of this bill have been introduced since 2004 and most never had a second reading. The one time it came up for a vote, it was indefinitely postponed.

The major areas of agreement with League positions include:
1. A reasonable number of signatures (1,000) for the original petition.
2. The construction of the official text and summary of the proposal by the Alabama Law Institute.
3. An unbiased statement is required for the official petition.
4. A review later, when that proposal is presented to the Legislature, by the Legislative Reference Service and the Legislative Fiscal Office.
5. Number of signatures required for a general law must equal 7% of the number voting in last gubernatorial election. Constitutional amendments require signatures equal to 10%. Signatures equal to 1% of the vote in the last gubernatorial election must come from each congressional district to ensure statewide coverage.
6. The role for the Legislature is the one League supports. In one session the official version of the original proposal is submitted to allow legislators to sponsor it. If no action is taken, the gathering of signatures for the official petition begins. In the next session, the proposal is “enacted” by a third reading in each house. No modifications are allowed, but the Legislature may offer an alternative bill. Both the original proposal and the alternative are both on the ballot for voters’ choice. The one with most votes becomes law. Unlike our position, a majority vote passes both general law and a constitutional amendment.

The chief weakness in the process is one discussed in the League’s I & R study—how to prevent groups with a national agenda from “buying” an initiative in Alabama, using some local person or group as cover. The League position calls for:
1. The “clear identification of sponsors” from the first. This bill requires only a registered agent to be responsible to the Secretary of State.
2. All organizations gathering signatures periodically file financial disclosure forms. The bill may or may not accomplish that. The “individual agent” must file “any elections report and disclosures required by election laws in the same manner as a candidate for elected office.”
League recommendations are designed to prevent signature gathers who, to increase their pay, gather signature aggressively not scrupulously. It is possible that the Secretary of State’s regulations may prevent abuses that have occurred elsewhere.

Bill Progress in Legislature:
02/07/2011: First reading and referred to the 2/09/2012: First reading and referred to House Committee on Constitution, Campaigns and Elections.

HB171 - Term limits, members of Senate and House of Representatives limited to three consecutive full terms, const. amend.

Sponsor(s): Representatives Rich, Greer and Roberts

Summary/Synopsis: Constitutional Amendment.
This bill would propose an amendment to the Constitution of Alabama of 1901 that would provide that no person may be elected to the Legislature for more than three full consecutive terms. The amendment would provide that an election to the Senate or the House of Representatives for at least two years would be equivalent to the election for a full term in that body. The amendment would provide that service in the Senate and in the House of Representatives prior to November, 2014, would not disqualify, in whole or in part, the person from service in those bodies following that date.

The amendment would provide that a person, after the expiration of a legislative quadrennium from his or her third consecutive term, may serve as a member of the Legislature if the person has not served in any capacity with the State of Alabama or any of its departments, agencies, boards, commission, or public educational institutions on a compensated or non-compensated basis, or has not received compensation for seeking the passage, defeat, or modification of legislation by conveying information and opinion to legislators or influencing the actions of the State of Alabama or any of its departments, agencies, boards, commissions, or public educational institutions.
League Action and Justification: LWVAL is monitoring HB171. The comments presented with SB61 also apply to this legislation. However, a major concern that applies to this particular bill are the restrictions on reentering the legislature after sitting out the four year term after completion of three consecutive terms if one has been involved in lobbying. This violates free speech and petition rights which are held by the public, including lobbyists. Including the holding of public service positions as cause for barring further service is also troubling.

Bill Progress in Legislature:
02/07/2012: First Reading and referred to referred to the

HB276 / SB295 - Legislature, basic compensation for members, median annual household income in Alabama, legislators submit signed vouchers for reimbursement, proposed const, amend.

Sponsor(s):
HB276 - Representative Ball

SB295 - Senators Taylor, Williams, Marsh, Scofield, Reed, Bussman, Ward, Glover, Waggoner, Brewbaker, Beason, Pittman and Allen

Summary/Synopsis: Constitutional Amendment.
Under the existing constitution, members of the Legislature are paid $10 per day for each day the Legislature is in session and 10 cents a mile for one round trip from his or her place of residence to Montgomery per session. Members are also reimbursed travel expenses in the same amounts as other state officers and employees and receive a monthly expense allowance established by the Legislature.

The proposed constitutional amendment would repeal those existing provisions and provide the total compensation payable to members of the Legislature would be an annual salary equal to the median family income in Alabama and reimbursement for travel expenses and other expenses on the same basis as state employees.

Note: Legislators supporting legislative salaries dependent on median family income levels are advertising this approach as a form of “merit pay” – pay level dependent upon legislative actions that increase economic development and thereby family incomes.



League Action and Justification: LWVAL is monitoring HB276 / SB295.

Bill Progress in Legislature:
HB276: 02/09/2012: First read and referred to the 3/14/2012: On CC&E calendar at 11:00 a.m., Room 123.
3/21/2012: On CC&E calendar at 9:00 a.m., Room 123.
03/22/2012: Read for the 2nd time and placed on the calendar with 1 Substitute (138591-5); pending 3rd reading and Favorable from CC&E.
4/05/2012: 3rd Reading and passed; CC&E 1st Substitute (138591-5) offered; Motion to Adopt adopted (85-1-0).
O. Robinson amendment (140452-1) offered; Ball Motion to Table offered and adopted; Wren Motion to Remove from the Table adopted by voice vote; Ball motion to Table adopted by roll call vote.
Melton Amendment (140312-1) offered; Ball motion to Table adopted by roll call vote.
Rogers Amendment (140440-1) offered; Ball motion to Table adopted by roll call vote.
J. Hubbard Amendment (140404-1) offered; Ball motion to Table adopted by roll call vote.
Motion to read a 3rd time and pass adopted (91-2-1); Engrossed.

3/04/2012: Read for the first time and referred to the 4/12/2012: Read for the 2nd time and placed on the calendar; pending 3rd reading and favorable from CCFE&E.

Note: 138591-5 would result in basically the same legislation as the original bill.

4/17/2012: 3rd Reading Passed;
Marsh Amendment (141147-2) Offered; Bedford motion to Adopt adopted;
Bedford Amendment (141122-2) Offered; Williams motion to Table lost; Bedford motion to Adopt adopted;
Dial Amendment (141182-2) Offered; Williams motion to Adopt adopted;
Bedford Amendment (141123-1) Offered; Williams motion to Adopt adopted;
Bedford Amendment (141193-1) Offered; Williams motion to Table adopted;
Marsh Amendment (141194-2) Offered; Williams motion to Adopt adopted;
Motion to Read a Third Time and Pass adopted (28-0-0)
4/17/2012: Concurrence Requested in House; Ball motion to Non Concur and Appoint Conference Committee adopted; House appoints Ball, Galliher and Beech; Hurst intended to vote “Yea”
4/19/2012: Senate – Conference Committee Requested; Marsh motion to Accede adopted; P&PO appoints Williams, Phil, Fielding and Beason
House—Conference Committee Appointed
4/19/2012: House–Conference Committee on HB276 2012RS 1st Substitute (138591-14) offered. Ball motion to Concur In and Adopt adopted (95-0-0).

Note: The Conference Committee Substitute keeps the state median income as the basis of legislative pay and sets compensation for travel for performance of legislative duties as similar to state employee travel rules; indicates changes in expense payment rules cannot be made by the legislature; and requires the heads of each house not discriminate in processing of travel reimbursement requests.

4/26/2012: Senate – Conference Committee on HB276 2012RS first Substitute Offered; Conference Report Concurrence Requested; Marsh Motion to Concur In and Adopt adopted (28-0-0).
5/1/2012: Conference Committee on HB276 2012RS first Substitute Offered; House Concurred in Conference Report; Signature requested; Enrolled; Clerk of the House Certification; Assigned Act No. 2012-269. Forwarded to Secretary of State at 2:05 p.m.

SB295:
02/09/2012: First reading and referred to the 03/14/2012: On CCFE&E calendar for 2:00 p.m., Room 325
03/21/2012: on CCFE&E calendar for 3:30 p.m. Room 325
03/22/2012: Read for the 2nd time and placed on the calendar with 1 Substitute (138591-7); pending 3rd reading and Favorable from CCFE&E.
5/09/2012: Indefinitely postponed.

SB204 - Legislature, compensation, expense allowance authorized by Act 2007-75, legislator may refuse, funds distributed to local boards of education of legislator for school supplies

Sponsor(s): Senators Taylor, Williams, Pittman, McGill, Bussman, Brewbaker and Orr

Summary/Synopsis: Currently legislative compensation is set by joint resolution by the Legislature and was last changed by Act 2007-75. This bill will allow any member that chooses to forego any portion of the current authorized amount of his/her expense allowance and provides for the distribution of these funds to the State Department of Education to be distributed to the Local Board(s) of Education in the House or Senate District of the member who elected to forego any portion of the expense allowance. Such funds shall be expended for school supplies.

In the event there is more than one Local Board of Education in a members' legislative district, the funds shall be apportioned to each district based upon the average daily membership in each school district. Such amount transferred shall be equal to the amount of the savings realized by the member electing to receive an amount which is less than the amount authorized by Act 2007-75.
League Position and Justification: LWVAL is monitoring SB204.

Bill Progress in Legislature:
02/07/2012: First reading and referred to the 02/23/2012: 2nd reading and placed on calendar; pending 3rd reading on day 8 and favorable from FTGF.

5/09/2012: Indefinitely postponed.

SB243 - Legislature, compensation, may not be increased during term of office, two-thirds or greater recorded vote by House and Senate on proposed bills increasing compensation, required, Section 68 (Section 68, Recompiled Constitution of Alabama of 1901, as amended), am'd., const. amend.

Sponsor(s): Senator Holtzclaw

Summary/Synopsis: Constitutional Amendment.
Under existing law, the pay for members of the Alabama Legislature is $10 per day, which cannot be raised during the term of office. In addition, members of the Legislature receive a travel allowance, expense allowance, and per diem. The amounts of these payments may be raised during the term that the legislators are currently serving.

This proposed constitutional amendment would provide that the pay, travel allowance, expense
allowance, and per diem, or other compensation paid to the members of the Legislature could not be increased during their current term of office; would require recorded vote by members of both houses of the Legislature on each proposed bill that would increase the pay, travel allowance, expense allowance, per diem, or other compensation paid to the members of the Legislature; and the enactment of any increase shall require a two-thirds affirmative vote by each house of the Alabama Legislature and approval by the Governor.
League Action and Justification: LWVAL is monitoring SB243.

Bill Progress in Legislature: 02/08/2012: First reading and referred to the
03/14/2012: On CCFE&E calendar for 2:00 p.m., Room 325
03/21/2012: on CCFE&E calendar for 3:30 p.m. Room 325
03/22/2012: Read for the 2nd time and placed on the calendar; pending 3rd reading and Favorable from CCFE&E.
5/09/2012: Indefinitely postponed.

HB302 - Counties, optional home rule powers re economic development, public safety and health, taxation, and land regulation and use, const. amend.

Sponsor(s): Representative D. Newton

Summary/Synopsis:  Constitutional Amendment. 
This bill proposes an amendment to the Constitution of Alabama of  1901 that would provide for limited optional home rule for those counties in the  state, the qualified electors of which approve the same, in the areas of  economic development, public safety and health, taxation, and land use  regulation and control. The Legislature  would also be allowed to enact general laws providing  for the exercise of these supplementary powers.  

A resolution to adopt any or all of these powers may be proposed by  (a) a majority of the members of the governing body of the county or (b) by the  verified signatures of at least 20 per cent of the number of qualified electors  who cast ballots in the preceding gubernatorial election.  If approved in a  referendum held in conjunction with a general election not less than three  months after such a proposal, the powers will take effect on the following  October 1. Further powers may be authorized or powers previously adopted may be  repealed by the same method, so long as no contract a county entered into when  exercising the optional powers is not impaired.  

Three sets of powers are listed as authorized, notwithstanding  certain provisions of the constitution to the contrary.   In each case  counties may also “exercise legal powers and adopt resolutions, orders and  ordinances necessary to carry out the functions.” 

Set I (a) powers allow counties to lend its credit or grant public  money or a thing of value in aid of any individual, association or corporations  by issuing bonds or by other means for the purpose of promoting economic  development and tourism in the county.

Set 1 (b) allows counties to provide for public health and safety  throughout the unincorporated areas of the county if not provided by another  authority 

Set 2 authorizes a county to (a) levy taxes for county governmental  purposes and to set tax rates on the assessed value of taxable property; (b) set  business licenses and privilege taxes; (c) levy sales, use and other excise  taxes on transactions and events; (d) tax incomes earned or occupations  performed in the county; (e) levy other taxes allowed by general laws, but only  after a public hearing about the imposition or increase and a referendum  election.   

Set 3 allows counties to regulate and control land use through  zoning and other measures in the unincorporated areas of the county that are not  subject to such powers of any municipality.   These powers will be  granted if the Legislature does not enact a general law uniformly governing  zoning and land use power before 2016 to give counties the same powers as  municipalities.  Such regulation must have the referendum approval of  voters in the relevant section of the county.   
    
A county planning commission or zoning body may include only  residents of the unincorporated areas of the county.  

 
League Action and Justification: LWVAL is monitoring HB302.  This  bill, with its long and specific lists, does not fit the language of the League  position, which asks for “a framework for government broadly defining  authorities, responsibilities and relationships…It should contain neither  statutory law nor restrictive details that require continual amendment.”   As events of this year have demonstrated, the use of familiar powers and the  specific provisions may well be easier to debate for an  informed vote than an attempt to follow the League’s more abstract  process.

The optional and limited powers to be granted to counties who chose  them are broad.   The areas covered include ones where county powers  are needed.  Some, like zoning in unincorporated areas, for example, have  been the subject of individual bills in earlier sessions as a step toward Home  Rule. The powers to be granted do not seem at odds with what League would find  acceptable if they were adopted by the governmental reform method in our  positions:  counties’ choice among models for government provided by the  Legislature or charters governments devised by the counties  themselves.  

The chief points which most directly agree with League positions are  taxing power for counties and the requirements for citizen decisions through  referendums at any change.  Here, the optional limited  powers build on the powers now given to cities but  denied to counties. 

NOTE:  ACCR is supporting this legislation.

Bill  Progress in Legislature: 
2/14/2012: First read and referred to the


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