Government including Transparency and Accountability
LWVAL Action Priority Level I (Highest) - Monitoring and action of highest priority. Major area for resource expenditures.
Click a bill to see sponsor(s), synopsis, link to the bill, 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.
HB123 - Constitutional Amendment - Legislature, House or Senate, vacancies, if less than two years left in term, gov. would appt., adding new Sec. 46, const. amend.
Sponsor(s): Representative Gaston
Synopsis and Analysis: Constitutional Amendment proposing that a vacancy in either house of the Legislature occurring with less than two years remaining would be filled by appointment by the governor instead of special election.
League Action and Justification: Oppose. This would increase the appointive powers of an already strong governor and would reduce legislative independence.
Bill Progress in Legislature:
01/09/2018 - Read for the first time and referred to the House Committee on Constitution, Campaigns and Elections (CC&E)
02/01/2018 - Read for the second time and placed on the calendar; Pending third reading on day 9; Favorable from CC&E
HB144/SB181 - Constitutional Amendment - Ten Commandments, display of on state property and at public schools, authorized, const. amend.
Sponsor(s): HB144 - Representative Mooney SB181 - Senator Dial
Synopsis and Analysis: Constitutional Amendment that would:
allow public display of 10 Commandments on property owned or administrated by a public school or public body
every person would be at liberty to worship according to his or her own conscience and that no person would be compelled to attend or support a place of worship or a minister
civil and political rights, privileges, and capacities of no person may be diminished or enlarged on account of his or her religious beliefs.
League Action and Justification: Oppose. This veers toward a state endorsement of a religious text and contravenes the separation of church and state provided in the First Amendment of the US Constitution.
Bill Progress in Legislature:
HB144
01/09/2018 - Read for the first time and referred to the House Committee on Constitution, Campaigns and Elections (CC&E).
SB181
01/16/2018 - Read for the first time and referred to the Senate committee on Constitution, Ethics and Elections (C&E) 02/08/2018 - Read for the second time and placed on the calendar 1 amendment; Pending third reading on day 11; Favorable from Constitution, Ethics and Elections with 1 amendment; Constitution, Ethics and Elections first Amendment Offered (191404-1)
HB235 - Constitutional Amendment - Initiative, constitutional amendments, proposed by people, authorized, Legislature may offer alternate proposal, const. amend.
Sponsor(s): Representative Whorton
Synopsis and Analysis: Constitutional Amendment establishing a mechanism for initiative and referendum
League Action and Justification: Support.This basically follows the LWVAL recommendations for Initiatives and referenda – does not require a fiscal analysis as LWVAL suggests. LWVAL will monitor to see if the final version is weakened.
Bill Progress in Legislature:
01/16/2018 - Read for the first time and referred to the House Committee on Constitution, Campaigns and Elections (CC&E).
HB238 - Sales and use tax on food, exempt from, beginning September 1, 2018
Sponsor(s): Representative Knight
Synopsis and Analysis: Exempts food from sales and use taxes.
League Action and Justification: Support. LWVAL supports fair taxation and this unfairly impacts low income citizens
Bill Progress in Legislature:
01/16/2018 - Read for the first time and referred to the House Committee on Ways and Means Education (W&ME).
HB387 - Legislature, members of, providing consulting services, persons compensating members to notify Ethics Commission of certain arrangements, Sec. 36-25-7.1 added
Sponsor(s): Representative Wingo
Synopsis and Analysis: Requires that the recipient of consulting services provided by a member of the legislature on a topic outside of the legislator’s professional expertise notify the Ethics Commission before payment is made for these services. This notification is considered to be a public record. The bill also allows the Ethics Commission to promulgate rules implementing this measure.
League Action and Justification: Support as this helps shine a light on the pecuniary activities of elected officials.
Bill Progress in Legislature:
02/06/2018 - Read for the first time and referred to the House Committee on Ethics and Campaign Finance (E&CF).
03/08/2018 - Read for the second time and placed on the calendar with 1 substitute
03/13/2018 - Third Reading Passed; 192250-2Ethics and Campaign Finance first Substitute Offered; Motion to Adopt adopted Roll Call; Motion to Read a Third Time and Pass adopted Roll Call ; Daniels intended to vote "Abstain"; Engrossed
Senate
03/22/2018 - Read for the first time and referred to the Senate committee on Governmental Affairs (GA)
03/27/2018 - Read for the second time and placed on the calendar; Pending third reading on day 25; Favorable from Governmental Affairs
LWVAL is monitoring these bills:
HB15 - Municipalities, governing body, exemption of public property from, requirements of memorial preservation acts, acts/code amd
Sponsor(s): Representative Givan
Synopsis and Analysis: Amending §7 of Ala Code 41-9-236 (Alabama Memorial Preservation Act): would allow any municipality to opt out of the Act upon vote of the governing body of the municipality. Under existing law, certain agencies and entities are exempt
League Action and Justification: Monitor for now.LWVAL does not have a state position on preservation of Confederate monuments. We are seeking further guidance from the LWV national league on whether Confederate monuments can be considered as examples of intimidation and racial divisiveness.
Bill Progress in Legislature:
01/09/2018 - Read for the first time and referred to the House Committee on State Government (SG).
HB17/SB18 - Vacancies, United States Senator, temporary appointment by Governor until next general election authorized, Sec. 36-9-7 am'd; Sec. 36-9-8 repealed
Sponsor(s): HB17 - Representative Givan SB18 - Senator Dial
Synopsis and Analysis: Amend Ala. Code 36-9-7 and repeal Ala. Code 36-9-8: Existing law allows the Governor to make a temporary appointment to a US Senator seat (if less than 4 months but more than 60 days before a general election, seat will be filled then. If longer, the Governor must call a special election). This bill changes that to:
If vacancy is within 76 days before the general election for the term of office, election would proceed and if incumbent receives the most votes, there would be a vacancy to be filled by the Governor.
At the same time of filling the vacancy, the Governor must file a writ of election.
League Action and Justification: Monitor.This looks like it would increase the appointive powers of the governor even though it could save money on elections. Bill Progress in Legislature:
HB17 in House:
01/09/2018 - Read for the first time and referred to the House Committee on State Government (SG).
01/23/2018 - CC&E second Amendment Offered
01/11/2018 - Read for the second time and placed on the calendar 2 amendments 01/23/2018 - Third Reading Passed; CC&E Amendment Offered (189491-2); Clouse motion to Table adopted; CC&E 2nd Amendment Offered (189612-1); Clouse motion to Table adopted; Clouse Amendment Offered (190357-1); Motion to Adopt adopted; Motion to Read a Third Time and Pass adopted; Engrossed (187419-3).
HB17 in Senate: 01/25/2018 - Read for the first time and referred to the Senate Committee on Constitution, Ethics and Elections (C&E).
02/15/2018 - Read for the second time and placed on the calendar: Pending third reading on day 13; Favorable from C&E: 189612-1 C&E second Amendment Offered
SB18 01/09/2018 - Read for the first time and referred to the Senate Committee on Constitution, Ethics & Elections (C&E).
HB66 - Mayors, legislative functions in cities/towns with 12,000 or more but less than 25,000 inhabitants, authorized to continue operating as a city or town with less than 12,000 inhabitants by majority vote of council and mayor under certain conditions, veto power restricted, Secs. 11-43-2, 11-43-3, 11-43-40, 11-45-4, 11-45-5 am'd.
Sponsor(s): Representative Hill
Synopsis and Analysis : Under existing law, in a city or town with a population of less than 12,000 inhabitants according to the last or any subsequent federal census, the mayor presides over the city council and may vote as a member of the council, except in the case of a tie, when the mayor is required to vote. When the population of a city or town increases to 12,000 or more inhabitants according to the last decennial federal census, the mayor no longer sits with the council nor votes in council proceedings, but instead has veto power over the ordinances and resolutions passed by the council.
This bill would authorize cities and towns having a population of 12,000 or more but less than 25,000 inhabitants according to the last or any subsequent federal decennial census, by ordinance adopted by a majority vote of the council and the mayor together, to elect to continue operating as a city or town with a population of less than 12,000 inhabitants as it relates to the exercise of the legislative functions of the mayor and would restrict the veto power of the mayor while he or she is a voting member of the council.
01/09/2018 - Read for the first time and referred to the House of Representatives committee on County and Municipal Government (C&MG).
01/25/2018 - Read for the second time and placed on the calendar; Pending third reading on day 7; Favorable from C&MG
02/15/2018 - Third Reading Passed; Motion to Read a Third Time and Pass adopted Roll Call
Senate
02/20/2018 - Read for the first time and referred to the Senate committee on County and Municipal Government (C&MG)
03/01/2018 - Read for the second time and placed on the calendar
03/15/2018 - Third Reading Passed; Motion to Read a Third Time and Pass adopted Roll Call; Passed Second House; Enrolled; Signature Requested
House
03/15/2018 - Clerk of the House Certification ; Assigned Act No. 2018-281 ; Delivered to Governor at 5:09 p.m. on March 15, 2018.
HB340 - Contituional Amendment - Term limits, members of the Alabama Legislature, election to limited to four full terms, const. amend. SB127 - Constitutional Amendment - Term limits, members of Senate and House of Representatives limited to three consecutive full terms, const. amend.
Sponsor(s): HB340 - Representative Fridy SB127 - Senator Hightower
Synopsis and Analysis: HB340 and SB127 are both proposed Constitutional Amendments and analogous. HB340 would institute term limits for legislators in either house to 4 full terms. SB127 would institute term limits for legislators in either house to 3 consecutive full terms.
League Action and Justification: Monitor. The LWVUS is opposed to term limits for members of the US Senate or House of Representatives as unconstitutional infringements of the separation of powers. Even though LWVAL has not taken a formal position on term limits, several other state leagues have taken action in support of term limits.
Bill Progress in Legislature:
HB340 01/30/2018 - Read for the first time and referred to the House Committee on Constitution, Campaigns and Elections (CC&E).
SB127
01/09/2018 - Read for the first time and referred to the Senate committee on Constitution, Ethics and Elections (C&E) 01/25/2018 - Read for the second time and placed on the calendar; Pending third reading on day 7; Favorable from C&E.
SB13 - Marriage, contract for, recording by judge of probate, transmission to Vital Statistics office, content of contract, Secs. 30-1-9, 30-1-10, 30-1-11, 30-1-13, 30-1-14 repealed; Secs. 22-9A-17, 30-1-5, 30-1-12, 30-1-16 am'd.
Sponsor(s): Senator Albritton
Synopsis and Analysis : Under existing law, marriage licenses are issued by the judge of probate and the marriage is required to be solemnized by a person authorized to perform marriages.
This bill would…
establish the procedure for two people to enter into a marriage and require that the recording of such marriage with the judge of probate.
require the judge of probate to transmit each recorded marriage received by the judge of probate during the preceding calendar month to the Office of Vital Statistics on or before the fifth day of the following calendar month.
eliminate the requirement of marriage licenses. This bill would provide that the two parties desiring to enter into a marriage must record certain affidavits, forms, and data regarding the parties entering into the marriage with the judge of probate.
provide that it shall be the responsibility of the two parties entering into the marriage to record the required documentation with the judge of probate.
specify that the judge of probate would have no authority to reject any recording of a marriage, so long as the affidavits, forms, and data are provided.
provide that a religious, civil, or independent ceremony of marriage, or other officiation, or administration of marital vows may be conducted or engaged in by the parties.
eliminate the requirement for solemnization of a marriage for it to be considered valid.
01/09/2018 - Read for the first time and referred to the Senate committee on Judiciary (JUDY)
01/11/2018 - Read for the second time and placed on the calendar
01/16/2018 - Motion to Read a Third Time and Pass adopted
House:
01/18/2018 - Read for the first time and referred to the House Committee on Judiciary (JUDY)
01/25/2018 - Read for the second time and placed on the calendar 1 amendment; JUDY first Amendment Offered (190403-2); Pending third reading on day 7; Favorable from JUDY with 1 amendment
SB15 - Constitutional Amendment - Legislature, House or Senate, vacancies, if less than two years left in term, gov. would appt., adding new Sec. 46, const. amend.
Sponsor(s): Senator Glover
Synopsis and Analysis: Constitutional Amendment—changing the way vacancies in AL House of Reps or Senate are handled.
When a vacancy occurs, Governor must issue a writ of election. BUT, if the Secretary of State determines that a legally qualified candidate for the seat is unopposed when the last date for filing certificates of nomination has passed, the election shall not be held.
If a vacancy occurs with less than 2 years in the term, the Governor shall appoint but that person cannot run for election for the seat for the next full term.Constitution, Ethics & Election
League Action and Justification: Monitor – This could save money but will increase the political appointment power of the governor and short-circuit the electoral process.
Bill Progress in Legislature:
01/09/2018 - Read for the first time and referred to the Senate Committee on Constitution, Ethics & Elections (C&E).
01/25/2018 - Read for the second time and placed on the calendar; Pending third reading on day 7; Favorable from C&E
03/01/2018 - Third Reading Passed; 192540-1 Glover first Substitute Offered; Motion to Adopt adopted; Motion to Read a Third Time and Pass adopted; Engrossed
House
03/01/2018 - Read for the first time and referred to the House of Representatives committee on Constitution, Campaigns and Elections (CC&E)
03/08/2018 - Read for the second time and placed on the calendar; Pending third reading on day 19; Favorable from (CC&E)
03/20/2018 - Third Reading Passed; Motion to Read a Third Time and Pass adopted Roll Call