Constitutional Amendment: Term Limits

Sponsor(s): Senator Pittman and 10 others

Summary/Synopsis: A Constitutional Amendment to 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 2014 would not disqualify, in whole or in part, a person from service in that respective body following that date.

Download SB153.

League Action and Justification: Monitor

The League has no position on term limits and is listed for informational purposes.

Bill Progress in Legislature:

01/14/2014: First Reading and referred to the
01/23/2014: 2nd Reading and placed on the calendar; pending 3rd reading Favorable from CCFE&E.

04/01/2014: Indefinitely postponed.

Constitutional Amendment: Initiative

Sponsor(s): Representatives Ball and Hill

Summary/Synopsis: 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.

Download HB209.

League Action and Justification: Monitor

The LWVAL has no position on adoption of initiative. However, the League members established guidelines for initiative legislation content. The bill follows closely the conditions and safeguards in the League’s position of 2009 (section VII of the Legislative position) in proposal preparation, signature collection, and campaign for passage. Requirements for a Constitutional Amendment are stronger than for a general law. The role of the legislature in considering the proposal and offering an alternative follows the League’s proscriptions. A review of the proposal by the Legislative Reference Service or the Alabama Law Institute is required. Before the vote of the people, analysis by an objective source such as those must be performed and widely disseminated. The only omission of a League position is a two-year delay before re-filing is allowed.

Bill Progress in Legislature:

01/14/2014: First Reading and referred to the

Constitutional Amendment: Recall

Sponsor(s): Senator Bedford

Summary/Synopsis: 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.

Download SB91.

League Action and Justification: Monitor

The LWVAL has no position on recall. However this bill is currently under review and an analysis will be posted for informational purposes.

Bill Progress in Legislature:

01/14/2014:
First reading and referred to the
02/20/2014: 2nd Read and placed on the calendar; pending 3rd Read and Favorable from CCFE&E

04/01/2014: Indefinitely postponed.

Constitutional Amendment: Constitutional Convention

Sponsor(s): Senators Pittman, Orr, Scofield, Sanford, Reed, Fielding, Taylor, Brewbaker and Williams

Summary/Synopsis: Article V Convention, appointment of delegates to represent Alabama by Legislature, Qualifications, duties, criminal penalty for exceeding scope of appointment.

This bill would establish duties for appointed Article V Convention delegates and alternate delegates. This bill would:
1 require the Legislature, by joint resolution, to adopt instructions for delegates and alternate delegates regarding an Article V Convention;
2 provide that a vote by a delegate outside the scope of the instructions from the Legislature is void; and
3 provide that a delegate who knowingly or intentionally votes, or attempts to vote, outside the scope of instructions from the Legislature commits a Class A misdemeanor

Download SB199.

League Action and Justification: Monitor.

Bill Progress in Legislature:

01/15/2014: First Reading and referred to the
01/23//2014: 2nd Reading and placed on the calendar; pending 3rd Reading and Favorable from CCFE&E.

04/01/2014: Indefinitely postponed.

Constitutional Amendment: Constitutional Convention

Sponsor(s): Senators Orr, Scofield, Sanford, Reed, Fielding, Taylor, Brewbaker and Williams

Summary/Synopsis: Article V Convention, appointment of delegates by the Legislature, qualifications, recall, oath

To be appointed by the Legislature, delegates and alternate delegate must reside in Alabama; be a registered voter in Alabama; be at least 18 years of age; not be registered or required to be registered as a lobbyist under Section 36-25-18, Code of Alabama 1975, 2 U.S.C. § 1603, or rules or regulations adopted under either of these laws; and cannot hold a federal office.

They may be recalled by a joint resolution of the Legislature.

They may be reimbursed for certain expenses related to service but will not receive a salary.

They execute an oath, which is filed with the Secretary of State. The oath must indicate that they:
1 support the Constitution of the United States and the Constitution of Alabama of 1901;
2 will faithfully abide by and execute any instructions to delegates and alternate delegates adopted by the Legislature and as may be amended by the Legislature at any time, and
3 otherwise faithfully discharge the duties of delegate or alternate delegate

Download SB200.

League Action and Justification: Monitor.

Bill Progress in Legislature:

01/15/2014: First Reading and referred to the
01/23//2014: 2nd Reading and placed on the calendar; pending 3rd Reading and Favorable from CCFE&E.

04/01/2014: Indefinitely postponed.

Constitutional Amendment:

Sponsor(s): Senators Marsh and Brewbaker

Summary/Synopsis: This bill would replace the current Article VII on Impeachment in the Alabama Constitution. In addition to modernizing language, it would: remove the State Superintendent of Education from being subject to impeachment and add members of the State Board of Education and district judges as subject to impeachment. Modernization includes changing names to current usage (e.g. District Attorney instead of Solicitor) and updating gender references.

League Position and Justification: Monitor for public information purposes.

Bill Progress in Legislature:

01/21/2014: Read for the First time and referred to the
Note: This committee was to hold a public hearing on this bill on Thursday, January 30, 8:30 a.m., State House Rm. 316. On morning of the hearing, there was no listing on ALISON for this hearing. If/when rescheduled, LWVAL will post date and time here.

03/18/2014: 2nd Read and placed on the calendar with 1 Amendment (159524-3)

03/20/2014: 3rd Reading Passed; CCFE&E Amendment Offered; Marsh Motion to Adopt adopted by Roll Call (27-2-0); Motion to Read a Third Time and Pass adopted by Roll Call (23-6-0); Engrossed.

House:

03/20/2014: Read for the first time and referred to the
04/01/2014: 2nd Read and placed on the calendar; pending 3rd Read and Favorable from CC&E.

NOTE: The amendment clarifies language.

Constitutional Amendment

Sponsor(s): Senator Ward

Summary/Synopsis: Article IV of the Constitution of Alabama of 1901 contains provisions relating to the Legislature. Other provisions relating to the Legislature are contained in Article V, Executive Department, and Article XVII, Miscellaneous Provisions, and various amendments adopted since 1901. The bill would propose a constitutional amendment to revise and recast the existing provisions of the Constitution relating to the Legislature into a new Article IV by repealing the existing Article IV and previously adopted amendments relating to the Legislature and moving provisions related to the Legislature from Articles V and XVII to the new Article IV and moving some current provisions of Article IV that are unrelated to the Legislature to Article X.

League Action and Justification: Currently under analysis.

Bill Progress in Legislature:

01/21/2014: First Reading and referred to the
Note: This committee was to hold a public hearing on this bill on Thursday, January 30, 8:30 a.m., State House Rm. 316. On morning of the hearing, there was no listing on ALISON for this hearing. If/when rescheduled, LWVAL will post date and time here.

Constitutional Amendment

Sponsor(s): Senator Taylor

Summary/Synopsis: Article V of the Constitution of Alabama of 1901, provides for the Executive Department in Alabama. This bill would propose an amendment to the Constitution of Alabama of 1901, to repeal existing Article V, and those amendments to the constitution that have been recompiled as part of Article V; to repeal and add amendments, relating to appointments and promotions in civil service, conveyance of Alabama State Docks Department property, use of assets of State Retirement Systems, and health care benefits for retired state and education employees, respectively, to Article XVII, Miscellaneous; and to readopt Article V to make nonsubstantive technical amendments, including renumbering sections, capitalization, and gender neutral references, throughout the article and to make... substantive changes....

League Action and Justification: Monitor.

Bill Progress in Legislature:

01/21/2014: First Reading and referred to the
03/05/2014: On the committee agenda, Room 320, 11 a.m.

Note: This committee was to hold a public hearing on this bill on Thursday, January 30, 8:30 a.m., State House Rm. 316. On morning of the hearing, there was no listing on ALISON for this hearing. If/when rescheduled, LWVAL will post date and time here.

Note: The major substantive changes in the legislation deal with clarifying the line of succession to the governorship and/or lt. governorship in case of vacancy or disability and the manner for determining the return to office if a dispute occurs over whether a disability has ended. And, only the governor would be required to reside in Montgomery during her/his term in office.