Governmental Transparency

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:

green-right-arrow.jpgthumbs_up_icon.jpgSB21/HB195 - Alabama Open Meetings Act, prohibit serial meetings, to clarify Open Meetings Act applies to meeting of the Legislature, committees, or subcommittees of governmental bodies, penalties, Secs. 36-25A-1, 36-25A-2, 36-25A-3, 36-25A-9 am'd.

Sponsor(s):
Senate: Senator Ward
House: Representative Davis

Summary/Synopsis: This bill would define and prohibit serial meetings. This bill would further define deliberation, governmental body, and meeting to apply to the exchange of information or ideas among a quorum of members of a committee, subcommittee, or full governmental body intended to arrive at or influence a decision as to how any members of the governmental body should vote on a specific matter that, at the time of the exchange, the participating members expect to come before the committee, subcommittee, or full governmental body immediately following the discussion or at a later time.

This bill would clarify that the Alabama Legislature is solely governed by the Alabama Constitution which establishes that the doors of each house of the Alabama Legislature shall be open to the public except when secrecy is required under the circumstances and that no other provision of this act applies to the Alabama Legislature.

This bill would reaffirm that private citizens may bring civil actions under the Open Meetings Act, and it provides that the prevailing plaintiff shall receive any civil penalties awarded against the defendants. This bill would set a minimum penalty for a violation of the Open Meetings Act at $1.

For more on this bill, see "Open meetings fix to return to Legislature" by Tim Lockette, The Anniston Star, Feb. 25, 2015.




League Action and Justification: Support
The League is a strong supporter of transparency in governmental decision-making and public access to deliberations of governmental bodies. It supported similar legislation introduced last year.


Bill Progress in Legislature:

SB21

Senate:

03/03/2015: First reading and sent to the Senate Committee on Judiciary (JUDY).

03/11/2015: 2nd Reading and placed on the calendar with 2 Amendments (165014-1; 155335-2); Pending 3rd reading and Favorable from JUDY with 1 Amendment

03/18/2015: 3rd Reading Passed; Judiciary Amendment (165014-1) Offered; Judiciary Amendment 165335-2) Offered; Ward motion to Table Adopted by Voice Vote; Motion to Adopt adopted by Roll Call; Ward Amendment (166096-1) Offered; Motion to Adopt adopted by Roll Call; Orr Amendment (166263-1) Offered; Motion to Adopt adopted by Roll Call; Motion to Read a Third Time and Pass adopted Roll Call (30-0-0)

03/19/2015: Engrossed

Note: The last amendment passed removes the following as subject to the serial meetings legislation:
1 “A series of gatherings by the trustees of an
2 institution of higher learning established by the Alabama
3 Constitution including, but not limited to, a search to fill a
4 position that directs such institution or a department or
5 major division thereof, including the position of president,
6 vice-president, provost, dean, department head, or athletic
7 coach.

House:

04/21/2015: Read for the first time and referred to the House Committee on Elections and Campaign Finance (E&CF).

On the schedule for 04/29/2015, E&CF, Room 418, 10:30 a.m.

CALL TO ACTION [EXPIRED]: Please contact members of the House Committee on Elections and Campaign Finance (E&CF). before the E&CF committee meeting on April 29. Ask the members to SUPPORT SB21. Thank you for your timely action to help end the practice of allowing serial meetings in government!

04/30/2015; 2nd Read and placed on the Calendar with on Substitute (168229-2); E&CF 1st Substitute Offered; pending 3rd Read and Favorable from E&CF with 1 Substitute

06/02/2015: 3rd Reading Passed; E&CF 1st Substitute (168229-2) Offered; Motion to Adopt adopted by Roll Call; Davis Amendment (170393-1) Offered; Motion to Adopt adopted by Roll Call; Motion to Read a Third Time and Pass adopted by Roll Call

Senate:

06/03/2015: Concurrence Requested; Ward motion to Concur In and Adopt adopted by Roll Call; Enrolled; Assigned Act No. 2015-340.

House:

06/03/2015: Concurred in Second House Amendment; Signature Requested.


HB195

03/05/2013: Read for the first time and referred to the House Committee on Ethics and Campaign Finance (E&CF).

04/30/2015: 2nd Read and placed on the calendar with 1 Substitute (168410-2); pending 3rd reading and favorable from E&CF; E&CF first Substitute offered

06/03/2015: Indefinitely postponed

green-right-arrow.jpgthumbs_down_icon.jpgSB132/HB131 - Open Meetings Act, meeting, definition, exclusion when two persons gather when no final decision is made, Sec. 36-25A-2 am'd.

Sponsor(s):
Senate: Senators Hightower, Bussman and Reed
House: Representative Buskey

Summary/Synopsis: Under existing law, a meeting of a governmental body is subject to the requirements of the Open Meetings Act. This bill would specify that a meeting as defined in the Open Meetings Act would not include occasions when two members of a governmental body, including two members of a governmental body which has three members, gather and discuss a specific matter as long as a final decision is not made.


League Action and Justification: Oppose
SB21 contains a similar provision that is better written, and SB21 contains other changes League views as increasing transparency.

Bill Progress in Legislature:

SB132

Senate

03/03/2015: Read for the first time and referred to the Senate Committee on Governmental Affairs (GA).

04/07/2015: 2ND Reading and placed on the calendar with 1 Amendment (167167-2)

04/09/2015: GA Amendment Offered; Motion to Adopt adopted; Motion to Read a 3rd and Pass adopted; Engrossed

House

04/09/2015: Read for the first time and referred to the House Committee on Ethics and Campaign Finance (E&CF).

On the schedule for 04/29/2015, E&CF, Room 418, 10:30 a.m.

04/30/2015: 2nd Read and placed on the calendar; pending 3rd read and favorable from E&CF

06/02/2015: 3rd Read Passed; Motion to Read a 2rd Time and Pass adopted by Roll Call; Signature Requested


Senate:

06/02/2015: Passed 2nd House; Enrolled; Forwarded to Governor at 5:32 p.m. on June 2, 2015


HB131

03/05/2015: Read for the first time and referred to the House Committee on State Government (SG)
.
05/14/2015: 2nd Reading and placed on the calendar with 1 Amendment (166765-2); pending 3rd Read from SG with 1 Amendment.

06/03/2015: Indefinitely postponed

thumbs_up_icon.jpgHB589 - Public employees, right to discuss job related matter with elected official

Sponsor(s): Representative Todd

Summary/Synopsis: This bill would affirmatively allow public employees to communicate freely with elected officials about any job-related matter.

League Action and Justification: Support. This bill would promote transparency and could encourage a whistle-blower to come forward.

Bill Progress in Legislature:

04/30/2015: Read for the first time and referred to the House Committee on Judiciary (JUDY).
LWVAL is monitoring this bill:

green-right-arrow.jpgHB211 - Legislative Council, reconstituted, Senate Legislative Council, House Legislative Council estab. and duties assigned, Joint Fiscal Committee and Legislative Building Authority abolished, Law Institute made part of Legislative Department, Secs. 29-2-52, 29-2-200, 29-2-201,…

Sponsor(s): Representative Ball

Summary/Synopsis: Under existing law, the House members of the Legislative Council, the members of the Senate elected to the Legislative Council, the Joint Fiscal Committee, and the Legislative Building
Authority have statutorily imposed functions with regard to supervising certain staff services and performing specified legislative functions. This bill would abolish those entities and transfer their responsibilities to a newly reconstructed Legislative Council and a newly created Senate Legislative Council and House Legislative Council.

The bill, among other things, would provide for the membership of the respective councils;
would assign the Legislative Council the responsibility for recommending persons working with the Legislative Reference Service, Legislative Fiscal Office, the Alabama Law Institute, the Speaker of the House, and the President Pro Tempore of the Senate, for establishing their salary schedules and other issues related to compensation, for budgeting, accounting, and general administrative functions for all entities in the Legislative Department, and for maintaining a website listing legislative expenditures that includes the names and salaries of and any expenses paid to members, officers, and employees in the Legislative Department and any contracts into which the council enters on behalf of any entity in the
Legislative Department; would assign the Senate Legislative Council and House Legislative Council responsibilities with regard to employees of the Senate and House respectively, and their compensation and benefits; and would revise the procedure for the appointment and tenure of the Secretary of the Senate and the Clerk of the House.

Existing law also provides for additional funding for the Legislature when available funds are less than a specified amount. This bill would repeal that provision.

Under existing law, the Alabama Law Institute has such members, officers, and committees as determined by the Board of Commissioners of the Alabama State Bar. The institute also has a governing council consisting of ex officio, appointed, and elected positions. This bill would specify that the institute is a part of the Legislative Department, would transfer powers previously granted to the Alabama State Bar to the council, would revise the membership of the council, would specify the director would be appointed by the Legislative Council upon the recommendation of the Alabama Law Institute Council, and would authorize the director to employ the staff for the institute. This bill would also provide for the continuation of the office of the President Pro Tempore of the Senate and would revise the membership of the Alabama Commission on Uniform State Laws.


League Action and Justification: Monitor for movement
The legislation restructures how the support agencies of the Legislature and House and Senate staff will be managed. How well it would work and the degree to which greater professionalism will result can only be determined under observation of operations if the bill is enacted into law. The transparency measures built into the bill are to be applauded.

Bill Progress in the Legislature:

03/10/2015: Read for the First time and referred to the House Committee on Internal Affairs (IA).

04/09/2015: 2nd Reading and placed on the Calendar; pending 3rd Reading and Favorable form IA

05/05/2015: 3rd Read Passed; Scott Amendment (168807-1) Offered; Motion to Adopt adopted by Roll Call Vote; Hammon motion to Previous Questions adopted by Roll Call; Motion to Read a 3rd Time and Pass adopted by Roll Call; Engrossed

Senate:

05/07/2015: Read for the 1st time and referred to the Senate Committee on Governmental Affairs (GA).

05/12/2015: 2nd Read and placed on the calendar; pending 3rd reading and favorable from GA

05/21/2015: 3rd Reading Passed; Coleman Amendment (169875-1) Offered; Coleman motion to Adopt adopted by Roll Call; Sanford Amendment (169850-1) Offered; Sanford motion to Adopt Sanford Amendment Lost on Roll Call Vote; Sanford 2nd Amendment (169856-1) Offered; Sanford motion to Adopt Sanford 2nd Amendment Lost on Roll Call Vote; Figures Amendment (169833-1) Offered; Figures motion to Adopt Amendment Lost on Roll Call Vote; Ross Amendment (169890-1) Offered; Motion to Adopt adopted by Roll Call; Motion to Read a 3rd Time and Pass adopted by Roll Call.


House:

05/26/2015: Concurrence Requested; Ball motion to Non Concur and Appoint Conference Committee adopted by Roll Call; House appoints Ball, Boothe and Scott


Senate:

05/26/2015: Concurrence Requested; Marsh motion to Accede adopted by Roll Call; P&PO appoints Marsh, Holley and Ross


House:

05/26/2015: Conference Committee Appointed; Conference Report; Conference Committee on HB211 2015RS first Substitute (169984-3) Offered; Ball motion to Concur In and Adopt adopted Roll Call


Senate:

05/28/2015: Albritton to non-concur and request a new Committee on Conference; Holley motion to Table lost by Roll Call

06/02/2015: Conference Report Concurrence Requested; Albritton to non-concur and request conference committee; Holley motion to Table Albritton motion to non-concur Lost by Roll Call

06/03/2015: Conference Report Concurrence Requested; Holly motion to concur in conference report; Albritton substitute motion to non-concur and request conference committee Lost by Roll Call; Holley motion to Concur In and Adopt adopted by Roll Call; Holley motion to Reconsider and Table adopted by Voice Vote; Signature requested


House:

06/04/2015: Conference Committee on HB211RS 1st Substitute Offered; Concurred in Conference Report; Enrolled; Clerk of the House Certification; Delivered to Governor at 9:30 a.m. on June 4, 2015


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