HB 217 Sponsor(s): Representatives Hall, Boyd, Givan, Rogers, Robinson (O), McClammy, Colston, Grimsley, Bracy, Bandy, Forte, Melton, McCampbell, McAdory, Coleman-Evans, Hubbard (J), Jackson, Black, Lindsey, Robinson (J), Morrow, Ford, Burdine, Knight, Warren, Millican, Gaston, Barton, Newton (C), Scott, Greer, McMillan, McCutcheon, Weaver, Moore (M), England, Patterson, Williams (J), Newton (D), Hammon, Buttram, Clouse, Lee, Drake, Faust, Brown, Greeson, Harper, Farley, Sanderford, Rich, Johnson (W), Williams (D), Sessions, Butler, Roberts, Baughn, Nordgren, Johnson (K), Collins, Hill, Ison and McClurkin
Sponsor(s)

SB97 Sponsor(s): Senators Orr, Marsh, McGill, Keahey, Figures, Dunn, Irons, Coleman, Scofield, Beason, Williams and Smitherman

Summary/Synopsis: Under existing law, there is no process for the State Board of Pardons and Paroles to pardon felons determined to be innocent after their death. This bill would create "The Scottsboro Boys Act" to establish procedures to consider the posthumous pardon of certain felons convicted based upon alleged acts committed at least 80 years prior to the date of the petition and which meet other criteria.

League Action and Justification: LWVAL supports HB217 and SB97.
League positions in several areas support government accountability and open decision-making and the position on the criminal justice system supports “maximum efforts to expedite trial and to ensure swift and consistent justice”.

Bill Progress in Legislature:

HB217:
02/07/2012 – First Reading and referred to the 02/21/2013: 2nd Reading and place on the Calendar; pending 3rd reading and Favorable from Judiciary.
04/04/2013: 3rd Reading Indefinitely Postponed; Hall Amendment (151236-1) Offered: Motion to Adopt adopted; Hall motion to Substitute SB97 for HB217 adopted by Voice Vote; Hall motion to Indefinitely Postpone adopted by Voice Vote.
SB97:
02/05/2012 – First Reading and referred to the
02/14/2013: 2nd Reading and place on the Calendar with 1 Amendment; Pending 3rd Reading and Favorable from Judiciary with 1 Amendment (148177-2).

NOTE: The amendment states: “The board shall provide general notice of a posthumous pardon hearing by publicly posting on the state agency website the name of the posthumous pardon candidate along with the date, time, and location of the hearing.”

02/21/2013: 3rd Reading Passed; Judiciary Amendment Offered (148177-2); Orr motion to Adopt adopted by Roll Call vote (28-0-0); Motion to Read a 3rd Time and Pass adopted by Roll Call vote (29-0-0); Engrossed
02/21/2013: Read for the 1st Time in the House and referred to the
Note: The bill history indicates no change in status; however, the overall bill description given in ALISON for bill status indicates some type of action was taken on the bill 03/07/2013.

03/07/2013: 2nd Reading and placed on the calendar;

04/04/2013: 3rd Reading passed; Motion to read a 3rd time and Pass Adopted (103-0-0); Enrolled; Signature Requested; Forwarded to Governor as 12:30 p.m. on April 4, 2013

04/11/2013: Signed by Gov.. Act 13-51.

Sponsor(s): Representative Scott

Summary/Synopsis: The governing body of a county or municipality must provide online access to its annual budget and to submit its annual budget to the Department of Examiners of Public Accounts prior to beginning of each fiscal year. The Department of Examiners of Public Accounts must keep a data base of these budgets and ensure that each county and municipality complies with this act. That department should publish on its web site the budget of any county or municipal government that lacks a web site. If any government does not submit an annual budget, a circuit judge in the county where it is located is authorized to compel compliance.

League Action and Justification: LWVAL supports HB470.
The LWVAL strongly supports the principle of providing public information to ensure accountability for government decisions, especially in the case of budgets.

Bill Progress in Legislature:

3/20/2013: Read for the first time and referred to the

Sponsor(s): Representative Scott

Summary/Synopsis: This legislation requires mayors of municipalities to appoint an independent public accountant of the Department of Public Examiners to conduct an audit and make a full report, in writing, under oath, to be submitted to the council.

The bill requires on-line access to the audit report and submission of the audit report to the Department of Examiners of Public Accounts. If the city or county government does not have a web site, the reports will be placed the Department’s web site.

A circuit judge is authorized to compel the mayor to conduct an audit or compel the government body of a municipality to submit the audit report to the Department of Public Accountants within a time period prescribed by the judge.

Under existing law, the Department of Examiners of Public Accounts is required to examine and audit all books of state and county offices. This bill requires the Department of Examiners of Public Accounts to provide online access to the report of a county or municipality that does not have a web site and to keep a database of county and municipal audit records to ensure each complies with this act.

League Action and Justification: LWVAL supports HB536.
League supports full disclosure and accountability of the sort this bill ensures. The bill continues the practice of offering citizens access online to county and city fiscal records. It provides a mechanism to force audits and reports if the governments are remiss. Also it provides for databases that permit the records to be checked in the Department of Examiners of Public Accounts.

Bill Progress in Legislature:
04/02/2013: Read for the first time and referred to the
04/10/2013: 2nd Reading and placed on the calendar; pending 3rd reading and Favorable from C&MG. 05/07/2013: Indefinitely postponed.

Sponsor(s): Representative Grimsley

Summary/ Synopsis: Open Records Act
Under existing law, the Open Records Act does not give a time limit for a government official to respond to a citizen’s request for a public record or records. This bill sets time limits for the response. The government official has 10 business days to determine whether the requested records are subject to access. Once a determination has been made, the requester shall be notified whether the records are available for inspection and copying. Any person, corporation or entity that does not receive the records as specified within 30 business days may seek an order to provide them from the Circuit Court of Montgomery County. Penalties are provided for unjustified complaints. An official who provides access to information in good faith shall not be liable for having done so.

League Action and Justification: LWVAL supports HB608
This is based on the League’s strong support for disclosure and accountability. The addition of time limits for response is a reasonable addition to the Open Records Act. The safeguards for the process seem likely to work. This bill did not pass in the 2012 session.

Bill Progress in Legislature:
04/10/2013: First Reading and referred to the