Other Issues - Local Government

LWVAL Action Priority Level III - Issues identified by LWVAL Advocacy Committee and/or State Board or Local Leagues. Monitoring occurs; action dependent on opportunity and available resources.

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HB136 - Municipality, council-manager form of gov., council-manager act of 1982, composition of council, alternate forms, Sec. 11-43A-8 am'd.

Sponsor(s): Representative Faulkner,

Synopsis: This would allow municipalities with the council-manager form of government to change the numbers and constituencies of each council position. In municipalities with this form of government, there are currently 5 councilpersons elected: one is the mayor and elected city-wide; another councilperson is also elected city-wide, and the 3 remaining councilpersons are elected from districts. This would allow city councils to modify their composition to include an at-large mayor and either 4 or 6 councilpersons elected either city-wide or from districts.

League Action and Justification:  Monitor. Although the league does not have a position on what kind of municipal government is optimal, we do advocate for fair representation, and this bill could create more effective representation of citizens in these municipal governments.

Bill Progress in Legislature:

First Read and referred to the House Committee on County and Municipal Government (C&MG)

02/16/2017: 2nd Read and placed on the calendar; pending 3rd Read and favorable from C&MG

03/15/2017: 3rd Reading Passed; Motion to Read a 3rd Time and Pass adopted by Roll Call

Senate Action:

03/16/2017: Read for the first time and referred to the Senate committee on Governmental Affairs (GA)

04/04/2017: 2nd Read and placed on the calendar; pending 3rd Read and Favorable from GA

05/02/2017: 3rd Reading Carried Over to the Call of the Chair; Blackwell motion to Carry Over to the Call of the Chair adopted by Voice Vote

05/03/2017: Third Reading Carried Over to Call of the Chair; Figures Amendment (186341-1) Offered; Figures motion to Adopt adopted Roll Call; Smitherman Amendment (Offered 186441-1); Smitherman motion to Adopt adopted Roll Call; Holtzclaw Amendment (186442-1) Offered; Holtzclaw motion to Adopt adopted Roll Call; Allen Amendment (186445-1) Offered; Williams motion to Carry Over to the Call of the Chair adopted by Voice Vote; Further consideration.

NOTE: The Figures Amendment changes the description of the act by adding the phrase “with certain exceptions” to the end of the opening sentence which originally read: “To amend Section 11-43A-8 of the Code of Alabama 1975, the Council-Manager Act of 1982, to authorize alternate forms of organization and election of the members of the council.” It also removes every Class 2 municipality from the new provisions. The Smitherman Amendment removes Class 1 municipalities from the provisions in this bill while the Holtzclaw Amendment would remove Class 3 and the Allen Amendment removes Class 4.]


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