Constitutional Amendment

Sponsor(s): Senator Fielding

Summary/Synopsis: This bill is a constitutional amendment that repeals Article III and Amendment 582 of our current constitution and substitutes a new Article III which includes Amendment 582 and modernizes the language of the original Article III. There are no substantive changes.

League Action and Justification: Support in keeping with our pragmatic decision to support the piecemeal revision of the state constitution. This does not appear to be controversial and is not a real change, just rewording in the interest of clarity.

Bill Progress in Legislature:
01/22/2014: First Reading and referred to the
Note: This committee was to hold a public hearing on this bill on Thursday, January 30, 8:30 a.m., State House Rm. 316. On morning of the hearing, there was no listing on ALISON for this hearing. If/when rescheduled, LWVAL will post date and time here.

02/18/2014: Reported from CCFE&E with 1 Amendment (158231-2); pending 3rd reading and Favorable from CCFE&E with 1 Amendment

03/20/2014: 3rd Reading Passed; CCFE&E Amendment (158231-2) Offered,; Field Motion to Adopt adopted; Motion to Read a Third Time and Pass adopted; Engrossed.

House:

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

Constitutional Amendment

Sponsor(s): Senators Coleman, Figures, Beasley, Dunn and Singleton.

Summary/Synopsis: This legislation repeals Amendment 425 as amended by Amendment 555 and adds a new section to Article XVIII, Methods of Amending the Constitution. SB274 deals with local constitutional amendments, those that affect one county or one municipality. It proposes that more than one dissenting legislator is to be needed to require that a local amendment be given a statewide vote. The dissenters must number three or more Senators or nine or more Representatives. The new sections maintains most of the original language and the basic structure of a three-fifths vote of approval in each house, and a majority vote in the Local Constitutional Amendment Committee, which decides whether or not an amendment is a local one. Even in a statewide vote, the amendment cannot take effect without approval of local voters of the county and the city it affects.

League Action and Justification: Support

This legislation offers only an amelioration of one of the fundamental problems created by the lack of Home Rule for counties, but it is a step forward. It does not permit local matters to be decided by laws, not constitutional amendments; statewide, people must still vote on matters unrelated to them. However, this bill reduces the number of such votes. Until Constitutional Reform provides sound local government that League favors and that all other states permit, major problems will continue.

League prefers “A broad grant of authority should be delegated to those local governments that choose to adopt a plan for home rule to enable them to address local problems independently of the state legislature and/or the state electorate.”

Bill Progress in Legislature:
01/22/2014: First Reading and referred to the
Note: This committee was to hold a public hearing on this bill on Thursday, January 30, 8:30 a.m., State House Rm. 316. On morning of the hearing, there was no listing on ALISON for this hearing. If/when rescheduled, LWVAL will post date and time here.

01/23/2014: Reported from CCFE&E as Favorable with 1 amendment (158614-1)

Note: The amendment reads: “Notwithstanding anything to the contrary, any proposed constitutional amendments which applies to a political subdivision of this state and which concerns gambling or games of chance whether conducted for profit or charity, shall be submitted to a statewide referendum. All constitutional amendments that have been adopted by a majority of the appropriate electorate pursuant to Amendment No. 425 to the Constitution of Alabama of 1901 are hereby ratified and confirmed.”

02/18/2014: 2nd Read and placed on calendar with 1 Amendment; pending 3rd reading and Favorable from CCFE&E

03/19/2014: 3rd Read Passed; CCFE&E Amendment Offered; Coleman motion to Table adopted by Voice Vote; Coleman 1st Substitute (160137-3) Offered; Coleman motion to Adopt adopted by Roll Call vote (32-0-0); Motion to Read a Third Time and Pass adopted by Roll Call (32-0-0); Engrossed


House:

03/19/2014: Read for the first time and referred to the
03/20/2014: 2nd Read and placed on the calendar; pending 3rd Read and Favorable from CC&E

Constitutional Amendment

Sponsor(s): Senator Marsh

Summary/Synopsis: This bill would expand county home rule, allowing county commissions to establish personnel policies and procedures, community programs related to clean roadways and animal control, transportation programs, programs providing for the operation of county offices, emergency assistance programs, and procedures for elections and establishment of polling places.


League Action and Justification: Support. League positions support expansion of home rule. League also supports Substitute SB367 as an improvement on the original bill.

NOTE: On March 24, 2014, LWVAL issued this Action Alert calling for support for SB367 in the House.

Bill Progress in Legislature:

02/13/2014: Read for the first time and referred to the
Note: ALISON indicates an amendment has been offered in committee, but as of March 1 the amendment had not been posted.

03/04/2014: On the agenda of GA at 1:00 pm in Room 727

03/04/2014: 2nd Reading and placed on the calendar with 1 Substitute (159603-3) from Governmental Affairs; pending 3rd Reading and Favorable from GF with 1 Substitute.

03/20/2014: 3rd Reading Carried Over to the Call of the Chair; Governmental Affairs 1st Substitute Offered; Williams motion to Adopt adopted by Roll Call (25-2-0); Singleton Amendment (160946-1) Offered; Singleton motion to Adopt adopted by Roll Call; Sanford Amendment (160852-1) Offered; Marsh motion to Carry Over to the Call of the Chair adopted by Voice Vote; 3rd Reading Passed; Marsh motion to Adopt Sanford Amendment adopted by Roll Call (26-2-0) Motion to Read a 3rd Time and Pass Adopted by Roll Call (25-3-0)

NOTES: Substitute SB367 aside from removing the term home rule from the summary defines more precisely the limits the powers granted to county commissions to those “not otherwise provided for or specifically prohibited by the constitution, or by general law or by local law.” Businesses as well as individuals must not have their use of their private property infringed. Other elected officials cannot have their constitutional, statutory, or administrative or their compensation or expense allowances changed. Another new provision requires safeguards for the adoption of the new powers, programs or procedures. They can only be adopted at a regular meeting with prior notice and participation by citizens who request it.

The Singleton Amendment deleted the following from powers given the county commission: The power to create, “Programs providing for the administration of election polling places, including, but not limited to, the creation of voting centers and the use of public or private facilities for voting.”

The Sanford amendment removed the word lawful from the following prohibition on county commission actions: “to establish any program that would infringe on a citizen's rights with respect to the lawful use of his or her private property”

04/01/2014: Engrossed

House:

04/01/2014: Read for the first time and referred to the House committee on Constitution, Campaigns and Elections

Constitutional Amendment: Term Limits

Sponsor(s): Senator Pittman and 10 others

Summary/Synopsis: A Constitutional Amendment to provide that no person may be elected to either house of the Legislature for more than three full consecutive terms. The amendment would provide that an election to either the Senate or the House of Representatives for at least two years would be equivalent to the election for a full term in that respective body. The amendment would provide that service in the Senate and service in the House of Representatives prior to November 2014 would not disqualify, in whole or in part, a person from service in that respective body following that date.

Download SB153.

League Action and Justification: Monitor

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

Bill Progress in Legislature:

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

04/01/2014: Indefinitely postponed.

Constitutional Amendment: Initiative

Sponsor(s): Representatives Ball and Hill

Summary/Synopsis: This bill would propose an amendment to the Constitution of Alabama of 1901 to provide that the people also may propose the enactment of general laws and constitutional amendments by an initiative measure subject to the same limitations imposed on the Legislature and that the Legislature may offer an alternate proposal.

Download HB209.

League Action and Justification: Monitor

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

Bill Progress in Legislature:

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

Constitutional Amendment: Recall

Sponsor(s): Senator Bedford

Summary/Synopsis: This bill would propose an amendment to the Constitution of Alabama of 1901, authorizing the Legislature to provide by general law for recall of elected state officials.

Download SB91.

League Action and Justification: Monitor

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

Bill Progress in Legislature:

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

04/01/2014: Indefinitely postponed.

Constitutional Amendment: Constitutional Convention

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

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

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

Download SB199.

League Action and Justification: Monitor.

Bill Progress in Legislature:

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

04/01/2014: Indefinitely postponed.

Constitutional Amendment: Constitutional Convention

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

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

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

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

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

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

Download SB200.

League Action and Justification: Monitor.

Bill Progress in Legislature:

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

04/01/2014: Indefinitely postponed.

Constitutional Amendment:

Sponsor(s): Senators Marsh and Brewbaker

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

League Position and Justification: Monitor for public information purposes.

Bill Progress in Legislature:

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

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

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

House:

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

NOTE: The amendment clarifies language.

Constitutional Amendment

Sponsor(s): Senator Ward

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

League Action and Justification: Currently under analysis.

Bill Progress in Legislature:

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

Constitutional Amendment

Sponsor(s): Senator Taylor

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

League Action and Justification: Monitor.

Bill Progress in Legislature:

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

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

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