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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:
= LWVAL's support for the legislation. 
= LWVAL's opposition to the legislation.
= 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:
SB10 - Article V constitutional convention, compact to set convention to require Congress to balance the budget, adopted
Sponsor(s): Senator Allen
Summary/Synopsis: Under Article V of the United States Constitution, Congress must call a convention upon the application of the Legislatures of two-thirds of the states to consider proposed amendments to the Constitution. Proposed amendments must then be ratified by three-fourths of the states.
This bill would adopt the Compact for a Balanced Budget to facilitate the calling of an Article V constitutional convention with the intent of amending the United States Constitution to include a balanced budget requirement for Congress.
The Compact would govern membership and withdrawal of Compact members, establish the Compact Commission to promote the Compact and to coordinate performance of obligations under the Compact, provide procedures for applying for an Article V constitutional convention, specify qualifications and duties of convention delegates, and establish rules for the convention.
Each of the following would each select one of the three delegates: governor; speaker of the house; and minority leaders of the House and Senator acting jointly.
League Action and Justification: Oppose.
This bill sets up procedures for directed delegates, strict convention rules and other limits that would preclude true open debate and informed participation. Furthermore, public discussion of the need for this bill and the compact is lacking. There is no groundswell of demand from the Alabama citizenry.
Bill Progress in Legislature:
02/02/2016: Scheduled for first read and assignment to the Senate Committee on Constitution, Ethics and Elections (CE&E).
02/18/2016: 2nd Reading and placed on the calendar; pending 3rd Read and Favorable from CE&E
03/10/2016: 3rd Reading Carried Over; Holtzclaw Amendment (175429-1) Offered; Allen motion to Adopt adopted by Roll Call; Marsh motion to Carry Over adopted by Voice Vote; Further Consideration
03/15/2016: 3rd Reading Carried Over; Allen motion to Carry Over adopted by Voice Vote
03/17/2016: 3rd Reading Carried Over; Allen Amendment (175420-2) Offered; Rules Petition to Cease Debate adopted by Roll Call; Smitherman motion to Carry Over adopted by Voice Vote; Further Consideration
04/28/2016: Indefinitely postponed.
Summary/Synopsis: Under Article V of the United States Constitution, Congress must call a convention upon the application of the Legislatures of two-thirds of the states to consider proposed amendments to the Constitution. Proposed amendments must then be ratified by three-fourths of the states.
This bill would adopt the Compact for a Balanced Budget to facilitate the calling of an Article V constitutional convention with the intent of amending the United States Constitution to include a balanced budget requirement for Congress.
The Compact would govern membership and withdrawal of Compact members, establish the Compact Commission to promote the Compact and to coordinate performance of obligations under the Compact, provide procedures for applying for an Article V constitutional convention, specify qualifications and duties of convention delegates, and establish rules for the convention.
Each of the following would each select one of the three delegates: governor; speaker of the house; and minority leaders of the House and Senator acting jointly.
League Action and Justification: Oppose.
This bill sets up procedures for directed delegates, strict convention rules and other limits that would preclude true open debate and informed participation. Furthermore, public discussion of the need for this bill and the compact is lacking. There is no groundswell of demand from the Alabama citizenry.
Bill Progress in Legislature:
02/02/2016: Scheduled for first read and assignment to the Senate Committee on Constitution, Ethics and Elections (CE&E).
02/18/2016: 2nd Reading and placed on the calendar; pending 3rd Read and Favorable from CE&E
03/10/2016: 3rd Reading Carried Over; Holtzclaw Amendment (175429-1) Offered; Allen motion to Adopt adopted by Roll Call; Marsh motion to Carry Over adopted by Voice Vote; Further Consideration
03/15/2016: 3rd Reading Carried Over; Allen motion to Carry Over adopted by Voice Vote
03/17/2016: 3rd Reading Carried Over; Allen Amendment (175420-2) Offered; Rules Petition to Cease Debate adopted by Roll Call; Smitherman motion to Carry Over adopted by Voice Vote; Further Consideration
04/28/2016: Indefinitely postponed.
HB76/SB76 - Election, repealing maximum age limitation, prohibiting general law age restriction, const. amend.
HB76
Sponsor(s): Representative Gaston
SB 76
Sponsor(s): Senator Dial
Summary/Synopsis: This bill is a constitutional amendment to lift the maximum age restriction on certain elected offices.
League Action and Justification: Support. This legislation would remove a current example of age discrimination although it could lead to some folks essentially being elected for life.
Bill Progress in Legislature: Pending committee action in house of origin
HB76
02/02/2016: First Read and referred to the House Committee on Constitution, Campaigns and Elections (CC&E).
02/11/2016: 2nd Read and placed on the calendar; pending 3rd read and Favorable from CC&E
02/23/2016: 3rd Read; Motion to Read a 3rd Time and Pass adopted by Roll Call; Cosponsors Added; Hall and Todd intended to vote Yea
Senate Action:
02/24/2016: Read for the first time and referred to the Senate Committee on Constitution, Ethics and Elections (CE&E).
04/20/2016: 2nd Read and place on the Calendar with 1 Amendment (177169-2); pending 3rd Read and Favorable from CE&E with 1 Amendment; CE&E 1st Amendment Offered.
NOTE: The Amendment exempts persons elected or appointed to a judicial office.
05/03/2016: 3rd Reading Carried Over to Call of the Chair; Constitution, Ethics and Elections Amendment (177169-2) Offered; Dial motion to Adopt adopted by Roll Call; Dial motion to Carry Over to the Call of the Chair adopted Voice Vote
05/04/2016: Third Reading Carried Over to Call of the Chair; Dial motion to Carry Over to the Call of the Chair adopted Voice Vote; Further Consideration.
SB76
02/02/2016: First Read and referred to the Senate Committee on Constitution, Ethics, and Elections (CE&E).
02/11/2016: 2nd Read and placed on the calendar; pending 3rd Read and Favorable from CE&E
04/28/2016: Indefinitely postponed.
Sponsor(s): Representative Gaston
SB 76
Sponsor(s): Senator Dial
Summary/Synopsis: This bill is a constitutional amendment to lift the maximum age restriction on certain elected offices.
League Action and Justification: Support. This legislation would remove a current example of age discrimination although it could lead to some folks essentially being elected for life.
Bill Progress in Legislature: Pending committee action in house of origin
HB76
02/02/2016: First Read and referred to the House Committee on Constitution, Campaigns and Elections (CC&E).
02/11/2016: 2nd Read and placed on the calendar; pending 3rd read and Favorable from CC&E
02/23/2016: 3rd Read; Motion to Read a 3rd Time and Pass adopted by Roll Call; Cosponsors Added; Hall and Todd intended to vote Yea
Senate Action:
02/24/2016: Read for the first time and referred to the Senate Committee on Constitution, Ethics and Elections (CE&E).
04/20/2016: 2nd Read and place on the Calendar with 1 Amendment (177169-2); pending 3rd Read and Favorable from CE&E with 1 Amendment; CE&E 1st Amendment Offered.
NOTE: The Amendment exempts persons elected or appointed to a judicial office.
05/03/2016: 3rd Reading Carried Over to Call of the Chair; Constitution, Ethics and Elections Amendment (177169-2) Offered; Dial motion to Adopt adopted by Roll Call; Dial motion to Carry Over to the Call of the Chair adopted Voice Vote
05/04/2016: Third Reading Carried Over to Call of the Chair; Dial motion to Carry Over to the Call of the Chair adopted Voice Vote; Further Consideration.
SB76
02/02/2016: First Read and referred to the Senate Committee on Constitution, Ethics, and Elections (CE&E).
02/11/2016: 2nd Read and placed on the calendar; pending 3rd Read and Favorable from CE&E
04/28/2016: Indefinitely postponed.
HB82 - Administrative rules, further review by Legislative Reference Service and Joint Committee on Administrative Regulation Review under certain conditions, fees, Sec. 41-22-22.1 added
Sponsor(s): Representative Weaver
Summary/Synopsis: This relates to boards or commissions that regulate a profession and are controlled by active market participants in the profession. The Legislative Reference Service is to review all decisions of such boards to make sure the rule does not significantly reduce competition. If it does, the Joint Committee on Administrative Regulation Review (not clear from the text, but implied from the provided synopsis) shall determine if it is otherwise appropriate.
League Action and Justification: Support. A good government measure.
Bill Progress in Legislature: Pending committee action in house of origin
02/02/2016: First Read and referred to the House Committee on Boards, Agencies and Commissions.
04/07/2016: 2nd Read and place on the Calendar with 1 Amendment (176491-2); pending 3rd Read and Favorable from BA&C; BA&C 1st Amendment Offered
NOTE: The key amendment change adds the following: (d) The Legislative Reference Service shall review each proposed action submitted to it by a state board or commission that regulates a profession, a controlling number of the members of which are active market participants in the profession, to determine whether the action proposed may significantly lessen competition and, if so, whether the action was proposed pursuant to a clearly articulated state policy to displace competition. (e) If the Legislative Reference Service determines that an action subject to subsection (d) may significantly lessen competition, it shall determine whether the action was proposed pursuant to a clearly articulated state policy to displace competition, and shall certify those determinations to the committee. The board or commission shall submit a position paper, a transcript of any public hearings regarding the action, and any other material collected during the consideration of the action by the board or commission to accompany the action as it is submitted to the committee. Upon receipt of a certification under this subsection, the chair of the committee shall call a meeting of the committee to review the substance of the action, determine whether the action may lessen or has significantly lessened competition and, if so, whether it was proposed pursuant to a clearly articulated state policy to displace competition. The committee shall approve, disapprove, or propose a modification of a proposed action. The committee may conduct public hearings and solicit public comment during its consideration of the action. When the committee approves, disapproves, or proposes a modification of the action, it shall issue a written statement explaining its rationale. If the committee fails to act on an action certified to it pursuant to subsection (d), the action shall be placed on the agenda of the committee at each subsequent meeting until the committee acts on the certified action. Due to the timely nature of actions, the certified actions shall be given priority in the work of the committee.
04/27/2016: 3rd Reading Passed; BA&C Amendment (176491-2) Offered; Weaver motion to Substitute a Companion Bill adopted by Voice Vote; Motion to Adopt adopted by Roll Call
Summary/Synopsis: This relates to boards or commissions that regulate a profession and are controlled by active market participants in the profession. The Legislative Reference Service is to review all decisions of such boards to make sure the rule does not significantly reduce competition. If it does, the Joint Committee on Administrative Regulation Review (not clear from the text, but implied from the provided synopsis) shall determine if it is otherwise appropriate.
League Action and Justification: Support. A good government measure.
Bill Progress in Legislature: Pending committee action in house of origin
02/02/2016: First Read and referred to the House Committee on Boards, Agencies and Commissions.
04/07/2016: 2nd Read and place on the Calendar with 1 Amendment (176491-2); pending 3rd Read and Favorable from BA&C; BA&C 1st Amendment Offered
NOTE: The key amendment change adds the following: (d) The Legislative Reference Service shall review each proposed action submitted to it by a state board or commission that regulates a profession, a controlling number of the members of which are active market participants in the profession, to determine whether the action proposed may significantly lessen competition and, if so, whether the action was proposed pursuant to a clearly articulated state policy to displace competition. (e) If the Legislative Reference Service determines that an action subject to subsection (d) may significantly lessen competition, it shall determine whether the action was proposed pursuant to a clearly articulated state policy to displace competition, and shall certify those determinations to the committee. The board or commission shall submit a position paper, a transcript of any public hearings regarding the action, and any other material collected during the consideration of the action by the board or commission to accompany the action as it is submitted to the committee. Upon receipt of a certification under this subsection, the chair of the committee shall call a meeting of the committee to review the substance of the action, determine whether the action may lessen or has significantly lessened competition and, if so, whether it was proposed pursuant to a clearly articulated state policy to displace competition. The committee shall approve, disapprove, or propose a modification of a proposed action. The committee may conduct public hearings and solicit public comment during its consideration of the action. When the committee approves, disapproves, or proposes a modification of the action, it shall issue a written statement explaining its rationale. If the committee fails to act on an action certified to it pursuant to subsection (d), the action shall be placed on the agenda of the committee at each subsequent meeting until the committee acts on the certified action. Due to the timely nature of actions, the certified actions shall be given priority in the work of the committee.
04/27/2016: 3rd Reading Passed; BA&C Amendment (176491-2) Offered; Weaver motion to Substitute a Companion Bill adopted by Voice Vote; Motion to Adopt adopted by Roll Call
SB181 (Constitutional Amendment) - Lieutenant Governor, duties and powers over Senate, removed, salary established, joint election with Governor established, const. amend.
Sponsor(s): Senators Dial and Ward
Summary/Synopsis: Under existing constitutional provisions, the Lieutenant Governor is:
This bill would propose an amendment to the Constitution of Alabama of 1901, which would:
This bill would require the members of the Senate to elect from its membership a President of the Senate and provide that the prior legislative duties, responsibilities, and powers of the Lieutenant Governor would be vested in the President of the Senate. The bill would also provide that the President Pro Tempore of the Senate preside over the Senate in the absence of the President of the Senate.
League Action and Justification: Support
LWVAL positions support the election of legislative officers by legislators. Procedures for handling the joint election of the governor and lieutenant governor would have to be worked out. Running the offices as a team allows governors in states that use this system to use their running mates for executive branch activities they mutually have agreed upon. Continuity in policy is more likely to occur if the lieutenant governor must succeed to the governor’s office due to the governor's removal from office, death, or resignation.
Bill Progress in the Legislature:
02/09/2016: First Reading and referred to the Senate Committee on Constitution, Ethics and Elections (CE&E).
Summary/Synopsis: Under existing constitutional provisions, the Lieutenant Governor is:
- President of the Senate
- entitled to vote in the event of a tie
- vested with certain prescribed legislative duties, powers, and responsibilities
- separately elected from the Governor.
This bill would propose an amendment to the Constitution of Alabama of 1901, which would:
- require the Governor and Lieutenant Governor to be elected jointly
- remove the power of the Lieutenant Governor to preside over the Senate and to vote in the event of a tie
- specify that the Lieutenant Governor would hold no duties, responsibilities, or powers regarding the Legislative Department
- provide that the sole duty of the Lieutenant Governor would be to succeed to the office of the Governor upon the Governor's removal from office, death, or resignation
- set the annual salary of the Lieutenant Governor equal to 75 percent of the annual salary paid to the Governor.
This bill would require the members of the Senate to elect from its membership a President of the Senate and provide that the prior legislative duties, responsibilities, and powers of the Lieutenant Governor would be vested in the President of the Senate. The bill would also provide that the President Pro Tempore of the Senate preside over the Senate in the absence of the President of the Senate.
League Action and Justification: Support
LWVAL positions support the election of legislative officers by legislators. Procedures for handling the joint election of the governor and lieutenant governor would have to be worked out. Running the offices as a team allows governors in states that use this system to use their running mates for executive branch activities they mutually have agreed upon. Continuity in policy is more likely to occur if the lieutenant governor must succeed to the governor’s office due to the governor's removal from office, death, or resignation.
Bill Progress in the Legislature:
02/09/2016: First Reading and referred to the Senate Committee on Constitution, Ethics and Elections (CE&E).
HB205 - Board of registrars, barred from running for elective public office, automatic termination, Secs. 17-3-2, 17-3-3 am'd.
Sponsor(s): Representative Fincher
Summary/Synopsis: A member of the board of registrars may not run for political office during his or her tenure on the board.
League Action and Justification: Support. A good-government provision to eliminate conflicts of interest.
Bill Progress in Legislature:
02/11/2016: First Reading and referred to the House Committee on Constitution, Campaigns and Elections (CC&E).
03/03/2016: 2nd Read and placed on the calendar; pending 3rd Read and Favorable from CC&E.
04/28/2016: Indefinitely postponed.
Summary/Synopsis: A member of the board of registrars may not run for political office during his or her tenure on the board.
League Action and Justification: Support. A good-government provision to eliminate conflicts of interest.
Bill Progress in Legislature:
02/11/2016: First Reading and referred to the House Committee on Constitution, Campaigns and Elections (CC&E).
03/03/2016: 2nd Read and placed on the calendar; pending 3rd Read and Favorable from CC&E.
04/28/2016: Indefinitely postponed.
SB279 - Ethics, informal opinion by State Ethics Commission provided, prohibition of elected public officials lobbying revised, thing of value definition revised, Sec. 36-25-4.4 added; Secs. 36-25-1, 36-25-13, 36-25-23, 36-25-27 am'd.
Sponsor(s): Senator Dial
Summary/Synopsis: Currently, informal opinions of the Ethics Commission do not provide immunity. This bill would establish a procedure for written informal opinions that would provide immunity.
It would also eliminate the prohibition against a former public official's representing a client before his or her former body for a period of 2 years. A public official is defined as one elected to a constitutional office, a member of the Alabama legislature, or a member of an elected state board or commission.
The legislation makes it more difficult to prove that a "thing of value" was provided to a public official to influence his or her actions or inaction. It eliminates the annual caps on provision of food and beverages to state officials.
League Action and Justification: Oppose. Taken together these provisions weaken the Ethics Act.
Bill Progress in Legislature:
02/23/2016: First Reading and referred to the House Committee on Governmental Affairs (GA).
Summary/Synopsis: Currently, informal opinions of the Ethics Commission do not provide immunity. This bill would establish a procedure for written informal opinions that would provide immunity.
It would also eliminate the prohibition against a former public official's representing a client before his or her former body for a period of 2 years. A public official is defined as one elected to a constitutional office, a member of the Alabama legislature, or a member of an elected state board or commission.
The legislation makes it more difficult to prove that a "thing of value" was provided to a public official to influence his or her actions or inaction. It eliminates the annual caps on provision of food and beverages to state officials.
League Action and Justification: Oppose. Taken together these provisions weaken the Ethics Act.
Bill Progress in Legislature:
02/23/2016: First Reading and referred to the House Committee on Governmental Affairs (GA).
HB432 Constitutional Amendment - Commissioner of Agriculture and Industries and State Auditor appointed by Governor, const. amend.
Sponsor(s): Representative Beckman
Summary/Synopsis: Under existing law, the elected constitutional offices in the Executive Department include the Governor, Lieutenant Governor, Attorney General, State Auditor, Secretary of State, State Treasurer, and Commissioner of Agriculture and Industries.
This bill would propose an amendment to the Constitution of Alabama of 1901, to make the State Auditor and the Commissioner of Agriculture and Industries positions that are appointed by the Governor. Qualifications for the office would be based on existing law.
League Action and Justification: Support
League believers that: “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 inability to appoint key members of the executive branches weakens executive authority which was the intent of the writers of the 1901 Constitution. This bill in no way weakens the executive oversight functions of the legislature and its committees.
Bill Progress in Legislature:
03/17/2016: First Reading and referred to the House Committee on Constitution, Campaigns and Elections (CC&E).
Summary/Synopsis: Under existing law, the elected constitutional offices in the Executive Department include the Governor, Lieutenant Governor, Attorney General, State Auditor, Secretary of State, State Treasurer, and Commissioner of Agriculture and Industries.
This bill would propose an amendment to the Constitution of Alabama of 1901, to make the State Auditor and the Commissioner of Agriculture and Industries positions that are appointed by the Governor. Qualifications for the office would be based on existing law.
League Action and Justification: Support
League believers that: “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 inability to appoint key members of the executive branches weakens executive authority which was the intent of the writers of the 1901 Constitution. This bill in no way weakens the executive oversight functions of the legislature and its committees.
Bill Progress in Legislature:
03/17/2016: First Reading and referred to the House Committee on Constitution, Campaigns and Elections (CC&E).
HB 53 and SB141 - Ethics law, retired director, chief or division chief, employment by contract for transition period authorized, prohibition on former government employee serving as a lobbyist before former employer, include working under contract, Sec. 36-25-13 am'd.
HB53 Sponsor: Representative Ainsworth
SB141 Sponsor(s): Senator Reed
Summary/Synopsis: Currently, a retired director, department chief, or division chief of a governmental agency cannot work for that agency or contract to work for that agency for 2 years after retirement. This would waive that to allow the retired employee to contract to work for that agency to aid in the transition period. In addition, it clarifies that the 2-year prohibition against acting as a lobbyist or representing clients in front of that agency applied to retirees who worked for the agency under contract or job transfer arrangement.
League Action and Justification: Support
While the first part of this bill could allow for some loose interpretation of "transition period,” the second part in a good addition to promote transparency and avoid double dipping.
Bill Progress in Legislature:
HB53
02/03/2016: Read for the first time and referred to the House Committee on Ethics and Campaign Finance (E&CF).
03/10/2016: 2nd Read and placed on calendar; pending 3rd Read and Favorable from E&CF
03/23/2016: 3rd Reading Open; Ainsworth motion to Substitute SB141 for HB53
SB141
02/03/2016: Read for the first time and referred to the House Committee on Governmental Affairs (GA).
02/09/2016: 2nd Read and placed on the calendar
02/11/2016: 3rd Reading Passed; Motion to Read a 3rd Time and Pass adopted by Roll Call;
House Action:
02/11/2016: Read for the first time and referred to the House Committee on Ethics and Campaign Finance (E&CF).
03/10/2016: 2nd Read and placed on calendar; pending 3rd Read and Favorable from E&CF
03/23/2016: 3rd Read passed; Motion to Read a 3rd Time and Pass adopted by Roll Call vote
04/05/2016: Signature Requested
Senate Action:
04/05/2016: Passed 2nd House; Enrolled; Delivered to Governor at 3:41 p.m. on April 5, 2016
SB141 Sponsor(s): Senator Reed
Summary/Synopsis: Currently, a retired director, department chief, or division chief of a governmental agency cannot work for that agency or contract to work for that agency for 2 years after retirement. This would waive that to allow the retired employee to contract to work for that agency to aid in the transition period. In addition, it clarifies that the 2-year prohibition against acting as a lobbyist or representing clients in front of that agency applied to retirees who worked for the agency under contract or job transfer arrangement.
League Action and Justification: Support
While the first part of this bill could allow for some loose interpretation of "transition period,” the second part in a good addition to promote transparency and avoid double dipping.
Bill Progress in Legislature:
HB53
02/03/2016: Read for the first time and referred to the House Committee on Ethics and Campaign Finance (E&CF).
03/10/2016: 2nd Read and placed on calendar; pending 3rd Read and Favorable from E&CF
03/23/2016: 3rd Reading Open; Ainsworth motion to Substitute SB141 for HB53
SB141
02/03/2016: Read for the first time and referred to the House Committee on Governmental Affairs (GA).
02/09/2016: 2nd Read and placed on the calendar
02/11/2016: 3rd Reading Passed; Motion to Read a 3rd Time and Pass adopted by Roll Call;
House Action:
02/11/2016: Read for the first time and referred to the House Committee on Ethics and Campaign Finance (E&CF).
03/10/2016: 2nd Read and placed on calendar; pending 3rd Read and Favorable from E&CF
03/23/2016: 3rd Read passed; Motion to Read a 3rd Time and Pass adopted by Roll Call vote
04/05/2016: Signature Requested
Senate Action:
04/05/2016: Passed 2nd House; Enrolled; Delivered to Governor at 3:41 p.m. on April 5, 2016
HB527 - Governor, appointed cabinet members, salaries of currently serving members frozen, limit term of acting cabinet members, Sec. 36-6-6 am'd.
Sponsor(s): Represettive Tuggle
Summary/Synopsis: The Governor sets the salaries of appointed department heads, members of the Governor's cabinet, appointed assistant department heads, assistant cabinet members, other officers and employees appointed in the exempt service, and executive assistants in the Governor's office. This bill would freeze the salaries, once set, so that the Governor could not raise them. It also provides that a member of the Governor's cabinet may not serve in an acting capacity for more than 90 days.
League Action and Justification: Support
Based on our positions promoting transparency, accountability and ethics in office.
Bill Progress in Legislature:
04/12/2016: Read for the first time and referred to the House Committee on State Government (SG).
04/20/2016: 2nd Read and placed on the calendar; pending 3rd Read and Favorable from SG
04/28/2016: Indefinitely postponed.
Summary/Synopsis: The Governor sets the salaries of appointed department heads, members of the Governor's cabinet, appointed assistant department heads, assistant cabinet members, other officers and employees appointed in the exempt service, and executive assistants in the Governor's office. This bill would freeze the salaries, once set, so that the Governor could not raise them. It also provides that a member of the Governor's cabinet may not serve in an acting capacity for more than 90 days.
League Action and Justification: Support
Based on our positions promoting transparency, accountability and ethics in office.
Bill Progress in Legislature:
04/12/2016: Read for the first time and referred to the House Committee on State Government (SG).
04/20/2016: 2nd Read and placed on the calendar; pending 3rd Read and Favorable from SG
04/28/2016: Indefinitely postponed.
LWVAL is monitoring these bills:
HB197 (Constitutional Amendment) - Legislature, new biennial legislative sessions to consider bills making appropriations, established, const. amend.
Sponsor(s): Representative Poole., Chair of Ways and Means Education
NOTE: Consider HB197, HB198, HB199, and HB200 as a group. HB197 is a Constitutional Amendment; the other bills, if passed, would go into effect only if the amendment in HB197 is passed by a referendum vote. They implement date changes or changes in procedure related to the content of the amendment.
Summary/Synopsis: Currently, the state legislature meets annually in regular session for all legislative matters including annual budgets for all funds of the state. This bill proposes an amendment to the Constitution of Alabama of 1901 to provide for regular sessions of the legislature for non-budgetary matters and for fiscal sessions of the legislature for appropriations bills for a biennial budget period for all funds of the state. It repeals Amendment 339 and 448 of the Constitution of Alabama of 1901. If the referendum passes the new system would go into effect calendar year 2017.
Regular Sessions
League Action and Justification: Monitor
League positions would support a more rational budgetary process which this bill appears to be creating. We will monitor the legislation for amendments and changes in this bill and its companion legislation. As always the devil is in the details and they often change in a legislative session.
Bill Progress in the Legislature:
02/11/2016: First Reading and referred to the House Ways and Means Education (W&ME).
NOTE: Consider HB197, HB198, HB199, and HB200 as a group. HB197 is a Constitutional Amendment; the other bills, if passed, would go into effect only if the amendment in HB197 is passed by a referendum vote. They implement date changes or changes in procedure related to the content of the amendment.
Summary/Synopsis: Currently, the state legislature meets annually in regular session for all legislative matters including annual budgets for all funds of the state. This bill proposes an amendment to the Constitution of Alabama of 1901 to provide for regular sessions of the legislature for non-budgetary matters and for fiscal sessions of the legislature for appropriations bills for a biennial budget period for all funds of the state. It repeals Amendment 339 and 448 of the Constitution of Alabama of 1901. If the referendum passes the new system would go into effect calendar year 2017.
Regular Sessions
- Regular sessions of the legislature shall be held annually beginning on the last Tuesday in January, or on such other day prescribed by law
- Regular sessions would be limited to 20 legislative days and 70 calendar days.
- While in regular session, the legislature could consider any bill or resolution other than appropriations.
- Fiscal Sessions
- Fiscal sessions would be held annually following the regular session, on the fourth Tuesday in April or other such day as set by law
- Fiscal sessions would be limited to 12 legislative days and 30 calendar days.
- In fiscal session, the legislature could consider only bills making basic appropriations for the two succeeding fiscal years or amending such bills as the Legislature shall determine.
- Basic appropriations would be itemized and totaled for each fiscal year and annual accounting maintains.
- The bill declares: “It is the paramount duty of the legislature in each fiscal session to pass a bill containing the basic appropriations for the two years that constitute the succeeding budget period.”
- Appropriations made from the Education Trust Fund are to be for educational purposes only.
- Special sessions are limited to 12 legislative days and 30 calendar days.
League Action and Justification: Monitor
League positions would support a more rational budgetary process which this bill appears to be creating. We will monitor the legislation for amendments and changes in this bill and its companion legislation. As always the devil is in the details and they often change in a legislative session.
Bill Progress in the Legislature:
02/11/2016: First Reading and referred to the House Ways and Means Education (W&ME).
HB198 - Legislature, implementation of biennial budget periods, statutory meeting dates revised, contingent upon const. amend., Sec. 29-4-1 am'd.
Sponsor(s): Representative Poole., Chair of Ways and Means Education
NOTE: Consider HB197, HB198, HB199, and HB200 as a group. HB197 is a Constitutional Amendment; the other bills, if passed, would go into effect only if the amendment in HB197 is passed by a referendum vote. They implement date changes or changes in procedure related to the content of the amendment.
Summary/Synopsis: In order to provide for the implementation of biennial budgeting periods, this bill changes the statutory meeting dates of the Legislature and is contingent upon the approval in referendum of the constitutional amendment proposed in HB197.
League Action and Justification: Monitor
League positions would support a more rational budgetary process which this bill appears to be creating. We will monitor the legislation for amendments and changes in this bill and its companion legislation. As always the devil is in the details and they often change in a legislative session.
Bill Progress in the Legislature:
02/11/2016: First Reading and referred to the House Ways and Means Education (W&ME).
NOTE: Consider HB197, HB198, HB199, and HB200 as a group. HB197 is a Constitutional Amendment; the other bills, if passed, would go into effect only if the amendment in HB197 is passed by a referendum vote. They implement date changes or changes in procedure related to the content of the amendment.
Summary/Synopsis: In order to provide for the implementation of biennial budgeting periods, this bill changes the statutory meeting dates of the Legislature and is contingent upon the approval in referendum of the constitutional amendment proposed in HB197.
League Action and Justification: Monitor
League positions would support a more rational budgetary process which this bill appears to be creating. We will monitor the legislation for amendments and changes in this bill and its companion legislation. As always the devil is in the details and they often change in a legislative session.
Bill Progress in the Legislature:
02/11/2016: First Reading and referred to the House Ways and Means Education (W&ME).
HB199 - Legislature, Budget Management Act of 1976, biennial budgeting provided for, performance review of state agencies, contingent upon const. amend., Secs. 41-19-1, 41-19-3 to 41-19-8, inclusive, 41-19-10 to 41-19-12, inclusive, am'd.
Sponsor(s): Representative Poole., Chair of Ways and Means Education
NOTE: Consider HB197, HB198, HB199, and HB200 as a group. HB197 is a Constitutional Amendment; the other bills, if passed, would go into effect only if the amendment in HB197 is passed by a referendum vote. They implement date changes or changes in procedure related to the content of the amendment.
Summary/Synopsis: This bill amends the Budget Management Act of 1976 so as to provide for biennial budget periods, annual fiscal accounting, and performance review. Provision is made for the State General Fund and the Education Trust Fund biennial budgets to be considered on alternate years, enrolling sufficient financial detail into each budget so as to adequately define each source of revenue and totals for each budgeted program, cost center, and line item in each budget and the entire appropriation bill by each source of revenue, and to further provide for performance review of the state agencies, departments, boards, bureaus, the Legislature, and institutions of the state.
Procedures, authorities and dates for action by the executive and legislative branches are specified and knowingly supplying false budgetary information is made a misdemeanor offense.
League Action and Justification: Monitor
League positions would support a more rational budgetary process which this bill appears to be creating. We will monitor the legislation for amendments and changes in this bill and its companion legislation. As always the devil is in the details and they often change in a legislative session.
Bill Progress in the Legislature:
02/11/2016: First Reading and referred to the House Ways and Means Education (W&ME).
NOTE: Consider HB197, HB198, HB199, and HB200 as a group. HB197 is a Constitutional Amendment; the other bills, if passed, would go into effect only if the amendment in HB197 is passed by a referendum vote. They implement date changes or changes in procedure related to the content of the amendment.
Summary/Synopsis: This bill amends the Budget Management Act of 1976 so as to provide for biennial budget periods, annual fiscal accounting, and performance review. Provision is made for the State General Fund and the Education Trust Fund biennial budgets to be considered on alternate years, enrolling sufficient financial detail into each budget so as to adequately define each source of revenue and totals for each budgeted program, cost center, and line item in each budget and the entire appropriation bill by each source of revenue, and to further provide for performance review of the state agencies, departments, boards, bureaus, the Legislature, and institutions of the state.
Procedures, authorities and dates for action by the executive and legislative branches are specified and knowingly supplying false budgetary information is made a misdemeanor offense.
League Action and Justification: Monitor
League positions would support a more rational budgetary process which this bill appears to be creating. We will monitor the legislation for amendments and changes in this bill and its companion legislation. As always the devil is in the details and they often change in a legislative session.
Bill Progress in the Legislature:
02/11/2016: First Reading and referred to the House Ways and Means Education (W&ME).
HB200 - Teacher tenure, attained unless notice of termination issued on or before June 15 of teachers third year, contingent on approval by voters of const. amend. proposing biennial budgeting sessions for the Legislature, Secs. 16-24C-4, 16-24C-5 am'd.
Sponsor(s): Representative Poole., Chair of Ways and Means Education
NOTE: Consider HB197, HB198, HB199, and HB200 as a group. HB197 is a Constitutional Amendment; the other bills, if passed, would go into effect only if the amendment in HB197 is passed by a referendum vote. They implement date changes or changes in procedure related to the content of the amendment.
Summary/Synopsis: In order to provide for the implementation of biennial budgeting periods, this bill changes the dates of notice of non-renewal and of non-tenure of teachers in the public schools of
Alabama to June 15 from June 30.
League Action and Justification: Monitor
League positions would support a more rational budgetary process which this bill appears to be creating. We will monitor the legislation for amendments and changes in this bill and its companion legislation. As always the devil is in the details and they often change in a legislative session.
Bill Progress in the Legislature:
02/11/2016: First Reading and referred to the House Ways and Means Education (W&ME).
NOTE: Consider HB197, HB198, HB199, and HB200 as a group. HB197 is a Constitutional Amendment; the other bills, if passed, would go into effect only if the amendment in HB197 is passed by a referendum vote. They implement date changes or changes in procedure related to the content of the amendment.
Summary/Synopsis: In order to provide for the implementation of biennial budgeting periods, this bill changes the dates of notice of non-renewal and of non-tenure of teachers in the public schools of
Alabama to June 15 from June 30.
League Action and Justification: Monitor
League positions would support a more rational budgetary process which this bill appears to be creating. We will monitor the legislation for amendments and changes in this bill and its companion legislation. As always the devil is in the details and they often change in a legislative session.
Bill Progress in the Legislature:
02/11/2016: First Reading and referred to the House Ways and Means Education (W&ME).
SB119 (Constitutional Amendment) - Legislative authority vested in a Legislature consisting of one chamber, const. amend.
Sponsor(s): Senators Pittman and Hightower
Summary/Synopsis: This bill proposes an amendment to the Constitution of Alabama of 1901, to provide that effective January 1, 2018, the legislative authority of the state shall be vested in a unicameral legislature consisting of one chamber known as the Alabama Unicameral Legislature.
This amendment would establish:
It would give the current Legislature authority, by general law, to provide for the election, operation, and functioning of the Alabama Unicameral Legislature.
The amendment abolishes the office of Lieutenant Governor and provides make the State Treasurer first in the line of succession to become governor.
The Alabama Unicameral Legislature would choose its own officers; judge the election, returns, and qualifications of its members; and need a three-fifths vote to override the veto of the Governor.
If any other provision of the constitution is in conflict with this amendment, this amendment be would considered controlling.
League Action and Justification: Monitor
While several League positions are consistent with this bill, LWVAL has no position on unicameral legislatures. We as concerned that there has been no general public discussion or outcry for such a change and that the dates for change in this bill seem to be related to other proposals calling for major changes in legislative operations.
Bill Progress in the Legislature:
02/02/2016: First Reading and referred to the Senate Committee on Governmental Affairs (GA).
Summary/Synopsis: This bill proposes an amendment to the Constitution of Alabama of 1901, to provide that effective January 1, 2018, the legislative authority of the state shall be vested in a unicameral legislature consisting of one chamber known as the Alabama Unicameral Legislature.
This amendment would establish:
- districts (the 105 House districts in existence on January 1, 2016)
- initial and subsequent terms of office (same as those in place on date of amendment ratification)
- vacancies (filled in the same manner as in place on the date of ratification of this amendment)
- qualifications (age 21 on election date and same as other qualifications in place on date of amendment ratification)
- presiding officers (a Speaker who votes only in case of tie votes and a Speaker Pro Tempore; both elected by the legislature).
It would give the current Legislature authority, by general law, to provide for the election, operation, and functioning of the Alabama Unicameral Legislature.
The amendment abolishes the office of Lieutenant Governor and provides make the State Treasurer first in the line of succession to become governor.
The Alabama Unicameral Legislature would choose its own officers; judge the election, returns, and qualifications of its members; and need a three-fifths vote to override the veto of the Governor.
If any other provision of the constitution is in conflict with this amendment, this amendment be would considered controlling.
League Action and Justification: Monitor
While several League positions are consistent with this bill, LWVAL has no position on unicameral legislatures. We as concerned that there has been no general public discussion or outcry for such a change and that the dates for change in this bill seem to be related to other proposals calling for major changes in legislative operations.
Bill Progress in the Legislature:
02/02/2016: First Reading and referred to the Senate Committee on Governmental Affairs (GA).
HB372 - Municipal courts, probation, Municipal Probation Reform Act established, authorized to contract with private probation entity, qualifications, registration requirements, employees, volunteers, requirement provided for, insurance coverage and contract requirements, procedures for revocation or suspension of registration, fines, Administrative Office of Courts authorized to monitor compliance
Sponsor(s): Representative Beckman
Summary/Synopsis: This bill would define terms and would allow a municipal court to contract with a private probation entity to provide probation services under certain conditions. The private probation entity may provide probation supervision and counseling and collect assessed fines to be paid as a consequence of the conviction. All records related to the probation are confidential and available only to the affected municipality, the court, the Department of Examiners of Public Accounts, the appropriate law enforcement agencies acting within the normal course of business, the Administrative Office of Courts, and the probationer. They are not subject to subpoena. Certain records must be kept for 2 years and be made available to the above-listed entities. There are requirements for who may own such an entity and who may serve as a probation officer in such an entity and for certain records to be kept. The Administrative Office of Courts may conduct periodic inspections at any time during the established operating hours of a probation entity in order to assess and monitor compliance with this act.
League Action and Justification: Monitor
LWVUS has a position that includes a call for special transparency requirements to apply to any privatization proposal. Government action to privatize is of such import and consequence that special (super) public accountability procedures should apply with respect to the initial privatization decision itself in order to ensure the proper constitutional role of the people as overseers of government action. It is unclear if the disclosure/supervision provisions of this bill meet this high standard.
Bill Progress in Legislature:
03/08/2016: Read for the first time and referred to the House Committee on the Judiciary (JUD).
Summary/Synopsis: This bill would define terms and would allow a municipal court to contract with a private probation entity to provide probation services under certain conditions. The private probation entity may provide probation supervision and counseling and collect assessed fines to be paid as a consequence of the conviction. All records related to the probation are confidential and available only to the affected municipality, the court, the Department of Examiners of Public Accounts, the appropriate law enforcement agencies acting within the normal course of business, the Administrative Office of Courts, and the probationer. They are not subject to subpoena. Certain records must be kept for 2 years and be made available to the above-listed entities. There are requirements for who may own such an entity and who may serve as a probation officer in such an entity and for certain records to be kept. The Administrative Office of Courts may conduct periodic inspections at any time during the established operating hours of a probation entity in order to assess and monitor compliance with this act.
League Action and Justification: Monitor
LWVUS has a position that includes a call for special transparency requirements to apply to any privatization proposal. Government action to privatize is of such import and consequence that special (super) public accountability procedures should apply with respect to the initial privatization decision itself in order to ensure the proper constitutional role of the people as overseers of government action. It is unclear if the disclosure/supervision provisions of this bill meet this high standard.
Bill Progress in Legislature:
03/08/2016: Read for the first time and referred to the House Committee on the Judiciary (JUD).
HB377 - Ombudsman for Child Welfare, independent office established in Early Childhood Education Department, duties, investigations, discrimination against complaintants prohibited, criminal penalties
Sponsor(s): Representative Beckman. Farley, Ledbetter, Hanes, Harper, Rich, Pettus, Williams (JW), Shedd, Sessions, Gaston, Wilcox, Davis, Faust, Nordgren, Fridy, McCutcheon, Patterson, Ball, Whorton, (R), Pringle, Boothe, Greer, Williams (JD), Sells, Lee, Shiver, Johnson (R), Millican, Tuggle, Hurst, Brown, Butler, Beech and Wood
Summary/Synopsis: Creates the office of Ombudsman for Child Welfare and a Statewide Advisory Committee for the Ombudsman that would include members appointed by groups representing a wide range of professions involved with child welfare concerns. The Ombudsman is directed to (1) investigate and resolve complaints that DHR (or its contractors) has adversely affected the health, safety, or welfare of a child or the reunification of families, (2) Review the facilities and procedures of institutions/ residences where juveniles are placed by the juvenile court or DHR, (3) Promote best practices relating to child protection and work collaboratively with the county departments of human resources. The bill would prohibit discrimination or retaliation against persons filing complaints with the ombudsman.
League Action and Justification: Monitor
Our positions do not address management issues within DHR, but League has long supported both accountability and transparency in government as essential for developing and maintaining public trust in and support of governmental institutions. While many agencies at all levels of government have ombudsmen to address complaints, the pejorative language in this bill demonstrates popular discontent with the Department of Human Resources and the way it operates. Since this bill does not specifically establish a funding source, we presume its funding will come from the DHR budget – a budget that is already underfunded. We will monitor this bill for movement and to determine what changes may be added to the legislation.
Bill Progress in Legislature:
03/08/2016: First Reading and referred to the House Committee on Public Safety and Homeland Security (PS&HS).
Summary/Synopsis: Creates the office of Ombudsman for Child Welfare and a Statewide Advisory Committee for the Ombudsman that would include members appointed by groups representing a wide range of professions involved with child welfare concerns. The Ombudsman is directed to (1) investigate and resolve complaints that DHR (or its contractors) has adversely affected the health, safety, or welfare of a child or the reunification of families, (2) Review the facilities and procedures of institutions/ residences where juveniles are placed by the juvenile court or DHR, (3) Promote best practices relating to child protection and work collaboratively with the county departments of human resources. The bill would prohibit discrimination or retaliation against persons filing complaints with the ombudsman.
League Action and Justification: Monitor
Our positions do not address management issues within DHR, but League has long supported both accountability and transparency in government as essential for developing and maintaining public trust in and support of governmental institutions. While many agencies at all levels of government have ombudsmen to address complaints, the pejorative language in this bill demonstrates popular discontent with the Department of Human Resources and the way it operates. Since this bill does not specifically establish a funding source, we presume its funding will come from the DHR budget – a budget that is already underfunded. We will monitor this bill for movement and to determine what changes may be added to the legislation.
Bill Progress in Legislature:
03/08/2016: First Reading and referred to the House Committee on Public Safety and Homeland Security (PS&HS).
HB378 Constitutional Amendment - Term limits, members of Senate and House of Representatives limited to three consecutive full terms, const. amend.
Sponsor(s): Representatives Whorton (I), Fincher, Henry, Wingo, Mooney,Holmes (M), Brown, Carns, Drake, Treadaway, Wadsworth, Harbison, Hanes, Farley, Ledbetter, Whorton (R), Shedd, Patterson, Williams (P), Ainsworth, Tuggle and Morrow
Summary/Synopsis: This bill proposes 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 terms in each house. Election to either the Senate or the House in a special election would not be considered a full term of office.
League Action and Justification: Monitor
LWVAL has no position on term limits but is monitoring the legislature for member and public information purposes.
Bill Progress in Legislature:
03/08/2016: First Read and referred to the House Committee on Constitution, Campaigns and Elections (CC&E).
Summary/Synopsis: This bill proposes 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 terms in each house. Election to either the Senate or the House in a special election would not be considered a full term of office.
League Action and Justification: Monitor
LWVAL has no position on term limits but is monitoring the legislature for member and public information purposes.
Bill Progress in Legislature:
03/08/2016: First Read and referred to the House Committee on Constitution, Campaigns and Elections (CC&E).
HB467 - Retirement Systems of Alabama, annual report and actuarial report of Bds. of Control of ERS and TRS, additional information required, adoption of investment reporting standards required, Secs. 16-25-19, 36-27-23 am;d.
Sponsor(s): Representatives Williams (P), Greer and Ball
Summary/Synopsis: Under current law, the Boards of Control of the Teachers’ Retirement System and the Employees’ Retirement System are required to report certain information annually and designate an actuary to make a valuation of each system annually. This bill specifies information that must be included in the annual report and actuarial report and requires the Boards of Control to adopt certain reporting standards for investments.
The additions required are:
The Board of Control would be to adopt the following reporting standards on investments: "(1) Disclose all fee expenses on investments including management fees, carried interest, performance fees, and other fees charged against assets; and “(2) Make the results of private placement and real estate valuation and return results publicly available.”
League Action and Justification: Monitor for movement.
While the League has no position on the retirement system, this bill is really dealing with the issues of government accountability and government transparency. LWVAL positions support both.
Bill Progress in Legislature:
03/23/2016: First Reading and Referred to the House Committee on State Government (SG).
04/07/2016: Read for the second time and placed on the calendar with 1 substitute (175401-5); SG 1st Substitute Offered; Pending third reading on day 21 Favorable from State Government with 1 substitute
NOTE: The substitute changes the wording of the material to be included in the annual report by both retirement systems and is more realistic in scope and content: “As part of this annual report, the Board of Control shall provide the following: (1) Subject to the availability of accurate data from the third party custodian, the performance of investments annually, including performance gross of investment fees and net of investment fees; (2) Subject to the availability of accurate data from the third party custodian, the performance of investments, both net and gross of investment fees, over time periods of one, three, five, 10, and 20 years; and (3) Subject to the availability of accurate data from the third party custodian, the performance of investments, both net and gross of investment fees, for all asset classes, including separate reporting for public equity, fixed income, private placements, private equity, and real estate over time periods of one, three, five, 10, and 20 years.”
04/28/2016: Indefinitely postponed.
Summary/Synopsis: Under current law, the Boards of Control of the Teachers’ Retirement System and the Employees’ Retirement System are required to report certain information annually and designate an actuary to make a valuation of each system annually. This bill specifies information that must be included in the annual report and actuarial report and requires the Boards of Control to adopt certain reporting standards for investments.
The additions required are:
- "Projections of assets, liabilities, actuarially recommended employer contributions, benefit payments, payroll, and the funded ratio based on plan assumptions for the next 30 years;
- The expected employer contributions as a percentage of payroll, the ratio of benefit payments to payroll, the ratio of funding liability to payroll, and the ratio of market value assets to payroll; and
- Estimates of the items listed in subdivision (1) of this subsection if investment returns over a 20 year period are two percentage points below plan assumptions and if investment returns over a 20 year period are two percentage points above plan assumptions.”
The Board of Control would be to adopt the following reporting standards on investments: "(1) Disclose all fee expenses on investments including management fees, carried interest, performance fees, and other fees charged against assets; and “(2) Make the results of private placement and real estate valuation and return results publicly available.”
League Action and Justification: Monitor for movement.
While the League has no position on the retirement system, this bill is really dealing with the issues of government accountability and government transparency. LWVAL positions support both.
Bill Progress in Legislature:
03/23/2016: First Reading and Referred to the House Committee on State Government (SG).
04/07/2016: Read for the second time and placed on the calendar with 1 substitute (175401-5); SG 1st Substitute Offered; Pending third reading on day 21 Favorable from State Government with 1 substitute
NOTE: The substitute changes the wording of the material to be included in the annual report by both retirement systems and is more realistic in scope and content: “As part of this annual report, the Board of Control shall provide the following: (1) Subject to the availability of accurate data from the third party custodian, the performance of investments annually, including performance gross of investment fees and net of investment fees; (2) Subject to the availability of accurate data from the third party custodian, the performance of investments, both net and gross of investment fees, over time periods of one, three, five, 10, and 20 years; and (3) Subject to the availability of accurate data from the third party custodian, the performance of investments, both net and gross of investment fees, for all asset classes, including separate reporting for public equity, fixed income, private placements, private equity, and real estate over time periods of one, three, five, 10, and 20 years.”
04/28/2016: Indefinitely postponed.
HB468 - Retirement Systems of Alabama, certain provisions of the Alabama Uniform Trust Code to apply to Boards of Control, Secs. 16-25-19, 16-25-20, 36-27-23, 36-27-25 am'd.
Sponsor(s): Representatives Williams (P), Greer and Ball
Summary/Synopsis: This bill provides certain governance provisions that shall apply to the Boards of Control of the Teachers’ Retirement System and the Employees’ Retirement System.
The additions to the current law are:
“Subsection (a) of Section 19-3B-802 [covers Duty of Loyalty of trustees and issues of conflict of interest among other issues] of the Alabama Uniform Trust Code shall apply to the Board of Control and its actions.”
“Among circumstances which the Board of Control, through its Secretary-Treasurer, may consider in investing and managing the funds of the Employees’ Retirement System are such of the following as are relevant to the fund or its beneficiaries, including rates of return, volatility, security, diversification, general economic conditions, the effects of inflation or deflation, the role each investment would play within the overall investment portfolio, the need for liquidity, the need for regularity of income and preservation or appreciation of capital, an asset’s special relationship or special value, if any, to the purposes of the trust or to one or more of the beneficiaries, the size of the portfolio, and the purposes and duration of the fund.”
League Action and Justification: Monitor for movement.
While the League has no position on the retirement system, this bill is really dealing with the issue of government accountability and defining conflict of interest for those in governmental positions. LWVAL positions support both.
Bill Progress in Legislature:
03/23/2016: First Reading and Referred to the House Committee on State Government (SG).
04/07/2016: Read for the second time and placed on the calendar with 1 substitute (176199-4); SG 1st Substitute Offered; Pending 3rd read and Favorable from SG with 1 substitute
04/28/2016: Indefinitely postponed.
NOTE: The major change in the substitute is the following: “Among circumstances which the Board of Control, through its Secretary-Treasurer, may consider in investing and managing the funds of the Teachers’ Retirement System are such of the following as are relevant to the fund or its beneficiaries, including rates of return, volatility, security, diversification, general economic conditions, the effects of inflation or deflation, the role each investment would play within the overall investment portfolio, the need for liquidity, the need for regularity of income and preservation or appreciation of capital, an asset’s special relationship or special value, if any, to the purposes of the trust or to one or more of the beneficiaries, the size of the portfolio, and the purposes and duration of the fund.” Identical wording is applied to the State Employees Retirement Fund.
Summary/Synopsis: This bill provides certain governance provisions that shall apply to the Boards of Control of the Teachers’ Retirement System and the Employees’ Retirement System.
The additions to the current law are:
“Subsection (a) of Section 19-3B-802 [covers Duty of Loyalty of trustees and issues of conflict of interest among other issues] of the Alabama Uniform Trust Code shall apply to the Board of Control and its actions.”
“Among circumstances which the Board of Control, through its Secretary-Treasurer, may consider in investing and managing the funds of the Employees’ Retirement System are such of the following as are relevant to the fund or its beneficiaries, including rates of return, volatility, security, diversification, general economic conditions, the effects of inflation or deflation, the role each investment would play within the overall investment portfolio, the need for liquidity, the need for regularity of income and preservation or appreciation of capital, an asset’s special relationship or special value, if any, to the purposes of the trust or to one or more of the beneficiaries, the size of the portfolio, and the purposes and duration of the fund.”
League Action and Justification: Monitor for movement.
While the League has no position on the retirement system, this bill is really dealing with the issue of government accountability and defining conflict of interest for those in governmental positions. LWVAL positions support both.
Bill Progress in Legislature:
03/23/2016: First Reading and Referred to the House Committee on State Government (SG).
04/07/2016: Read for the second time and placed on the calendar with 1 substitute (176199-4); SG 1st Substitute Offered; Pending 3rd read and Favorable from SG with 1 substitute
04/28/2016: Indefinitely postponed.
NOTE: The major change in the substitute is the following: “Among circumstances which the Board of Control, through its Secretary-Treasurer, may consider in investing and managing the funds of the Teachers’ Retirement System are such of the following as are relevant to the fund or its beneficiaries, including rates of return, volatility, security, diversification, general economic conditions, the effects of inflation or deflation, the role each investment would play within the overall investment portfolio, the need for liquidity, the need for regularity of income and preservation or appreciation of capital, an asset’s special relationship or special value, if any, to the purposes of the trust or to one or more of the beneficiaries, the size of the portfolio, and the purposes and duration of the fund.” Identical wording is applied to the State Employees Retirement Fund.
SB371 (Constitutional Amendment) - Elected state officials, Legislature authorized to recall by general law, const. amend.
Sponsor(s): Senator Chambliss
Summary/Synopsis: This bill proposes an amendment to the Constitution of Alabama of 1901, authorizing the Legislature to provide by general law for recall of elected state officials. Recall would be a method of removal of elected state officers in addition to impeachment or any other procedure now provided by this Constitution or the laws of this state.
General law enacted pursuant to this amendment authorizing the recall of elected state officials shall contain at minimum the following provisions:
Grounds for initiating a recall petition shall include one or more of the following during an incumbent’s term of office: malfeasance or nonfeasance; lack of physical or mental fitness; incompetence; and violation of an oath of office.
League Action and Justification: Monitor for member and public information purposes. No LWVAL position applies to the bill.
Bill Action in Legislature:
03/22/2016: First Reading and Referred to the Senate Committee on Constitution, Ethics, and Elections (CE&E).
Summary/Synopsis: This bill proposes an amendment to the Constitution of Alabama of 1901, authorizing the Legislature to provide by general law for recall of elected state officials. Recall would be a method of removal of elected state officers in addition to impeachment or any other procedure now provided by this Constitution or the laws of this state.
General law enacted pursuant to this amendment authorizing the recall of elected state officials shall contain at minimum the following provisions:
- The qualified electors of the state or any judicial circuit 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.
- Within 90 days after the filing, the recall petition shall be signed by electors equaling at least 40 percent of the vote cast for the office at the last preceding election in the state or district which the incumbent represents.
- If the SOS determines that 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.
- The incumbent shall continue to perform the duties of the office until the recall election results are officially declared.
- A recall election shall be conducted in the same manner as other special elections. At a recall election, the question presented shall be whether the incumbent shall be recalled. If a majority of the electors fail to vote for a recall, the incumbent shall remain in office and complete the term of office for which he or she was initially elected. If a majority of electors vote in favor of a recall, the recall shall create a vacancy in the office. The vacancy shall be filled as provided by law for the office.
- 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.
Grounds for initiating a recall petition shall include one or more of the following during an incumbent’s term of office: malfeasance or nonfeasance; lack of physical or mental fitness; incompetence; and violation of an oath of office.
League Action and Justification: Monitor for member and public information purposes. No LWVAL position applies to the bill.
Bill Action in Legislature:
03/22/2016: First Reading and Referred to the Senate Committee on Constitution, Ethics, and Elections (CE&E).
HB501 Constitutional Amendment - Recall of elected state officers, const. amend.
Sponsor(s): Representatives Ainsworth, Mooney, Wingo, Ledbetter, Crawford, Whorton (R), Holmes (M), Standridge, Henry, Williams (JW), Williams (P), Farley, Treadaway, Harbison, Gaston, Todd, Garrett, Whorton (I), Fincher, Rogers, Wilcox, Moore (B), Morrow, Hill (J), Brown, Hanes, Ford, Butler, Rowe and Fridy
Summary/Synopsis: Under existing law, the Constitution of Alabama of 1901 does not provide for the recall of elected officials. This bill proposes an amendment to the Constitution of Alabama to provide for the recall of holders of these offices: Governor, Lieutenant Governor, Attorney General, Secretary of State, State Treasurer, State Auditor, Commissioner of Agriculture and Industries, and members of the Legislature.
The specified the grounds for recall, include: violation of oath of office; malfeasance, misfeasance, or nonfeasance; moral turpitude; incompetence; and lack of physical or mental fitness.
Space for each person who signs the petition to provide his or her:
A recall petition is not valid and may not be circulated for signatures until it is approved for circulation the Secretary of State (SOS).
Who may initiate a petition and how:
Secretary of State Review Process: The SOS shall review the proposed petition for sufficiency and clarity, without any consideration given to its merits. Once the standards of sufficiency and clarity are met, the SOS shall issue a recall petition to the petitioners. If either standard is not satisfied, the SOS shall notify the petitioners. If, after the petitioners have been given a reasonable amount of time to correct any substantial deficiencies or ambiguities in the petition and they have not done so, the SOS may refuse to certify the petition. The SOS within 30 days after receiving all required materials must issue or refuse to certify a recall petition.
Petitioners may circulate and collect valid signatures using the recall petition certified by the SOS. A recall petition must be returned to the SOS within 90 days after being issued.
A recall election for the specified office is called if the SOS determines that the petitioners secured signatures of enough qualified electors to equal at least 30 percent of the total votes cast for the office in the most recent general and if the petition is submitted to the SOS for certification. If the correct number has been reached, the SOS shall issue a certification. If the correct number has not been reached, the SOS shall dismiss the petition.
The Governor would issue a writ calling for the recall election immediately after the SOS certifies the recall petition. The normal methods of handling special elections would apply.
The ballot format is: "Shall ______ (name) elected to the office of ________ (title) be removed from that office?"
A majority vote of the votes cast in favor of recall would upon certification of the results remove the state officer from his/her office. If the recall of the Governor is being sought, the Lieutenant Governor shall call the special election. If the recall of the Secretary of State is being sought, the Attorney General shall perform the duties of the Secretary of State under this amendment.
League Action and Justification: Monitor for member and public information purposes. No LWVAL position applies to the bill.
Bill Progress in Legislature:
04/05/2016: First Reading and referred to the House Committee on Constitution, Campaigns and Elections (CC&E)
04/20/2016: 2nd Read and placed on the Calendar with 1 Amendment (177318-1); pending 3rd Read and Favorable from CC&E with 1 Amendment;
NOTE: The Amendment adds members of the State Board of Education to the list of those who may be recalled.
04/28/2016: Indefinitely postponed.
Summary/Synopsis: Under existing law, the Constitution of Alabama of 1901 does not provide for the recall of elected officials. This bill proposes an amendment to the Constitution of Alabama to provide for the recall of holders of these offices: Governor, Lieutenant Governor, Attorney General, Secretary of State, State Treasurer, State Auditor, Commissioner of Agriculture and Industries, and members of the Legislature.
The specified the grounds for recall, include: violation of oath of office; malfeasance, misfeasance, or nonfeasance; moral turpitude; incompetence; and lack of physical or mental fitness.
- Each page of the recall petition must contain:
- The name of the state officer whose recall is being sought.
- The office that the state officer holds and for a member of the Legislature, the district represented.
- A short and plain statement of the grounds for recall.
- A short and plain statement of the facts supporting those grounds.
- An oath or affirmation that each person who signs the petition certifies that he/she:
* Understands the content and purpose of the petition.
* Is eligible to vote for the office that the state officer holds.
Space for each person who signs the petition to provide his or her:
- Signature
- Full name
- Address of residence
- Date of birth
A recall petition is not valid and may not be circulated for signatures until it is approved for circulation the Secretary of State (SOS).
Who may initiate a petition and how:
- Any 25 or more residents of Alabama may initiate a petition for the recall of a state officer for whom they are qualified to vote.
- The petitioners, in the manner and form prescribed by the SOS, shall submit to the SOS all of the following:
* The proposed petition.
* Written notice designating no more than three of the petitioners to represent all petitioners in matters relating to the recall.
* A fee of $500.
Secretary of State Review Process: The SOS shall review the proposed petition for sufficiency and clarity, without any consideration given to its merits. Once the standards of sufficiency and clarity are met, the SOS shall issue a recall petition to the petitioners. If either standard is not satisfied, the SOS shall notify the petitioners. If, after the petitioners have been given a reasonable amount of time to correct any substantial deficiencies or ambiguities in the petition and they have not done so, the SOS may refuse to certify the petition. The SOS within 30 days after receiving all required materials must issue or refuse to certify a recall petition.
Petitioners may circulate and collect valid signatures using the recall petition certified by the SOS. A recall petition must be returned to the SOS within 90 days after being issued.
A recall election for the specified office is called if the SOS determines that the petitioners secured signatures of enough qualified electors to equal at least 30 percent of the total votes cast for the office in the most recent general and if the petition is submitted to the SOS for certification. If the correct number has been reached, the SOS shall issue a certification. If the correct number has not been reached, the SOS shall dismiss the petition.
The Governor would issue a writ calling for the recall election immediately after the SOS certifies the recall petition. The normal methods of handling special elections would apply.
The ballot format is: "Shall ______ (name) elected to the office of ________ (title) be removed from that office?"
A majority vote of the votes cast in favor of recall would upon certification of the results remove the state officer from his/her office. If the recall of the Governor is being sought, the Lieutenant Governor shall call the special election. If the recall of the Secretary of State is being sought, the Attorney General shall perform the duties of the Secretary of State under this amendment.
League Action and Justification: Monitor for member and public information purposes. No LWVAL position applies to the bill.
Bill Progress in Legislature:
04/05/2016: First Reading and referred to the House Committee on Constitution, Campaigns and Elections (CC&E)
04/20/2016: 2nd Read and placed on the Calendar with 1 Amendment (177318-1); pending 3rd Read and Favorable from CC&E with 1 Amendment;
NOTE: The Amendment adds members of the State Board of Education to the list of those who may be recalled.
04/28/2016: Indefinitely postponed.
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