Govt Accountability

Government 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), 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:

SB21 - Alabama Open Meetings Act, prohibit serial meetings, to clarify Open Meetings Act applies to meeting of the Legislature, committees, or subcommittees of governmental bodies, penalties, Secs. 36-25A-1, 36-25A-2, 36-25A-3, 36-25A-9 am'd.

LWVAL supports SB21 and reports on this bill under the issue "Government Transparency." Follow SB21 here.

SB132 - Open Meetings Act, meeting, definition, exclusion when two persons gather when no final decision is made, Sec. 36-25A-2 am'd.

LWVAL opposes SB132 and reports on this bill under the issue "Government Transparency." Follow SB132 here.

SB96 - Counties, co. commission, operation, contracts with municipalities, contracts or employment with family members of commissioners, self-funded property insurance, maintenance of annexed roads including evacuation route, bonding of employees of emergency communication districts, Secs. 11-1-10, 11-3-5, 11-30-1, 11-49-80, 11-98-4 am'd.

Sponsor(s): Senator Chambliss

Summary/Synopsis: Under existing law, counties may contract with the United States, with the State of Alabama, and with other counties, but there is no general authority for the county commission to contract with municipalities.
This bill would:

Authorize counties to contract with municipalities in the state,
Clarify existing law to provide that a county commissioner may not contract with the county personally or through his or her business and may not participate in the hiring of a family member
Define family member as that term is defined in the state ethics law
Authorize two or more counties to self-fund property insurance in the same manner as currently authorized for liability insurance
Provide that a county-maintained road or bridge used for evacuation during an emergency may not be annexed into the municipality or otherwise regulated by the municipality except by agreement of the county and municipality, and
Clarify which employees and officials are required to be bonded and provide guidance on the amount of the bond.

Download SB96.

Download SB96 Amendment 165253-1.

Download SB96 Engrossed.

Download SB96 Amendment 167205-1.

Download SB96 Enrolled.

Recommendation and League Justification: Support
League supports the types of cooperative efforts allowed in this bill as well as ethical standards such as those outlined that seek to protect the public from officials using their offices for personal or family gain.

Bill Progress in Legislature:

Senate:

03/03/2015: First Reading and referred to the Senate Committee on County and Municipal Government (C&MG).

03/05/2015: 2nd Reading and placed on the calendar with 1 amendment (165253-1); C&MG 1st Amendment offered; pending 3rd Reading and Favorable from C&MG with 1 Amendment.

03/18/2015: 3rd reading Passed; County and Municipal Government Amendment (165253-1) Offered; Motion to Adopt adopted by Roll Call; Chambliss Amendment (166054-1) Offered; Motion to Adopt adopted by Roll Call; Motion to Read a Third Time and Pass adopted

03/19/2015: Engrossed

House:

03/19/2915: Read for the first time and referred to the House of Representatives Committee on County and Municipal Government (C&MG).

04/02/2015: 2nd Reading and place on the Calendar; Pending 3rd Read and Favorable from C&MG

04/14/2015: 3rd Reading Passed; Lindsey Amendment (167205-1) Offered; Motion to Adopt adopted by Roll Call Vote; Motion to Read a 3rd Time and Pass adopted by Roll Call Vote

04/14/2015: Signature Requested.

Senate:

04/14/2015: Concurrence Requested; Marsh motion to Concur In and Adopt adopted by Roll Call Vote; Enrolled;

Forwarded to Governor on April 14, 2015 at 4:52 p.m. on April 14, 2015.

Assigned Act No. 2015-53.

SB112 - Article V Convention, appointment of delegates by the Legislature, qualifications, recall, oath

Sponsor(s): Senator Orr

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 provide for the qualification and appointment of delegates and alternate delegates to represent Alabama at an Article V Convention and would provide for the recall of a delegate.

All of the following are required of appointed delegates or alternate delegates:

Alabama residency.
Registered voter in Alabama.
At least 18 years of age.
Not 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.
Does not hold a federal office.
Sign an oath in that the delegate or alternate delegate will do all of the following:

           A. Support the Constitution of the United States and the Constitution of Alabama of 1901.
           B. 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.
           C. Otherwise faithfully discharge the duties of delegate or alternate delegate

The Legislature will appoint all delegates and alternate delegates by joint resolution and may recall them at any time by joint resolution and set up rules for doing so.

Download SB112.

League Action and Justification: Oppose.
The bill sets up procedures for directed delegates. This means that any information derived from debate at convention and/or discussion with other delegates would either be ignored or require constant communication with the legislature in order to act. League believes in undirected delegates, open debate, and informed participation.

Bill Progress in Legislature:
03/03/15: First Reading and referred to the Senate Committee on Constitution, Ethics and Elections (CE&E).

03/18/2015: 2nd Reading and place on the calendar; Pending 3RD Reading and Favorable from CE&E)

06/03/2015: Indefinitely Postponed

SB372 - Article V Convention, appointment of delegates to represent Alabama by Legislature, qualifications, duties, criminal penalty for exceeding scope of appointment

Sponsor(s): Senators Pittman, Orr, Albritton, Scofield, Livingston, McClendon, Shelnutt, Reed, Stutts, Melson and Williams

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:

Establish duties for appointed Article V Convention delegates and alternate delegates. It also “pairs” each delegate with a specified alternate.
Require the Legislature, by joint resolution, to adopt instructions for delegates and alternate delegates regarding an Article V Convention.
Provide that a vote by a delegate outside the scope of the instructions from the Legislature is void.
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. The Attorney General and Montgomery District Attorney are given the authority to prosecute such actions.

In addition, the bill states: “The application of the Legislature to call an Article V Convention for proposing amendments to the Constitution of the United States ceases to be a continuing application and shall be treated as having no effect if all of the delegates and alternate delegates vote or attempt to vote outside the scope of the instructions or limits as provided . . .”

Finally, the bill differs from SB112 by leaving the qualifications of delegates/alternates and other procedures up to a resolution of the legislature.

Download SB372.

League Action and Justification: Oppose
The bill sets up procedures for directed delegates. This means that any information derived from debate at convention and/or discussion with other delegates would either be ignored or require constant communication with the legislature in order to act. League believes in undirected delegates, open debate, and informed participation.

Making what could be a vote of conscience and/or informed action a misdemeanor is deplorable.

Bill Progress in Legislature:

04/14/2015: First Reading and referred to the Senate Committee on Constitution, Ethics and Elections (CE&E).

05/21/2015: 2nd Reading and placed on Calendar; pending 3rd Reading and Favorable from CE&E

06/03/2015: Indefinitely Postponed

SB137 - Lobbying, prohibiting certain public officials from serving as a lobbyist for a two-year period, Sec. 36-25-23 am'd.

Sponsor(s): Senator Marsh

Summary/Synopsis: Public officials are prohibited from lobbying those bodies of which he or she is a former member for a period of two years after leaving office. Currently public officials are forbidden to lobby before a legislative body or branch of state or local government, including executive and judicial branches, and boards or agencies, only during the term for which they were elected. This bill not only extends the prohibition for two years but also states explicitly that no former member of the Senate or the House of Representatives may lobby the other body. Nor can floor privileges of either body be extended to these former members of either house.

Also forbidden is soliciting a lobbyist for any purpose other than a campaign contribution. No compensation or contract for lobbying services contingent upon the passage or defeat of any legislative action would be allowed.

Download SB137.

Download SB137 Substitute 166812-3.

Download SB137 Engrossed.

Download SB137 Substitute 167665-2.

Download SB137 Substitute 167665-2 Amendment 169689-2.

League Action and Justification: Support
The provisions are consonant with League positions on ethics and lobbying.

Bill Progress in Legislature:
03/03/2015: Read for the First time and referred to the Senate Committee on Constitution, Ethics and Elections (CE&E).

04/02/2015: 2nd Reading and placed on the calendar with 1 CC&E Substitute (166812-2); pending 3rd Read and Favorable from DE&E with 1 Substitute.

Note: The Substitute says a former office holder cannot lobby until two years after the term of office for which he/she was elected is over.

04/16/2015: 3rd Reading Carried Over to the Call of the Chair; Marsh motion to Carry Over to the Call of the Chari adopted by Voice Vote; Further Consideration; Constitution, Ethics and Elections first Substitute Offered

04/30/2015: 3rd Read Passed; CE&E 1st Substitute Offered; Motion to Adopt adopted by roll call; Motion to read a 3rd time and Pass adopted by roll call;

05/05/2015: Engrossed

House:

05/05/2015: Read for the first time and referred to the House Committee on Ethics & Campaign Finance (E&CF).

05/21/2015: 2nd Read and placed on the calendar with 1 Substitute and 1 Amendment; pending 3rd Reading and favorable from E&CF with 1 Substitute and 1 Amendment; E&CF 1st Substitute (167665-2) Offered; E&CF 1st Amendment (169689-2) to the E&CF 1st Substitute Offered;

HB295/SB30 (Constitutional Amendment) - Local constitutional amendments, adoption procedure by Legislature revised, Legislature to adopt a resolution of local application in order for amendment to be treated as local, local amendment,, Amendments 425 and 555, Constitution of Alabama of 1901, repealed, const. amend.

Sponsor(s):
HB295: Representative Wingo
SB30: Senator Coleman

Summary/Synopsis: This bill attempts to make the process for passage of a local constitutional amendment somewhat easier. If an amendment only affects one county or small subdivision of one or more counties, it can be voted upon only within that local area under the following conditions: (1) a 3/5 positive vote in each house, and (2) a unanimous declaration of each house that this amendment is only a local one.

Download HB295.

Download SB30.

Download SB30 Enrolled.

League Action and Justification: Support
LWVAL positions on the Constitution support the notion that the Constitution should promote home rule (that local governments should address local issues, not the legislature) and avoid the need for continuous amendment. However, this proposed amendment process does obviate the need for state-wide votes on local issues.

Bill Progress in Legislature:

HB295

03/19/2015: First reading and referred to the House Committee on Constitution, Campaigns and Elections (CC&E).

04/02/2015: 2nd Reading and place on the Calendar; pending 3rd Reading and Favorable from CC&E

04/14/2015: 3rd Reading Indefinitely Postponed; Scott motion to Substitute SB30 for HB295 adopted by Voice Vote; Scott motion to Indefinitely Postpone adopted by Voice Vote.

SB30:

03/03/2015: First Reading and referred to the Senate Committee on Constitution, Ethics and Elections (CE&E).

03/05/2015: Reported from CE&E as Favorable

03/12/2015: 3rd Reading Passed; Motion to Read a 3rd Time and Pass adopted by Roll Call

House:

03/12/2015: 1st Reading and referred to the House Committee on Constitution, Campaigns and Elections (CC&E).

03/18/2015: 2nd Read and placed on the calendar; pending 3rd Read and Favorable

04/14/2015: 3rd Reading Passed; Motion to Read a 3rd Time and Pass adopted by Roll Call; Signature requested

Senate:

04/14/2015: Passed 2nd House; Enrolled; Assigned Act No. 2015-44

SB414 - Article V constitutional convention, compact to set convention to require Congress to balance the budget, adopted

Sponsor(s): Senators Allen, Waggoner, Orr, Shelnutt, Reed, Pittman, Sanford, Whatley, Livingston, Scofield, Stutts, Melson and Albritton

Summary/Synopsis: 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.

Download SB414.

Download SB414 Amendment 170066-1.

Download SB414 Engrossed.

League Action and Justification: Oppose.

The major difference from the other bills of this type is that it would make the Governor, Speaker of the House and President of the Senate the delegates to the convention and bind their actions by an oath that ensures they act as directed by the Legislature.

Bill Progress in Legislature:

04/23/2015: Read for the first time and referred to the Senate Committee on Constitution, Ethics and Elections (CE&E).

05/21/2015: 2nd Reading and placed on the calendar; pending 3rd Reading and Favorable from CE&E

05/26/2015: 3rd Reading Carried Over; Allen motion to Carry Over adopted by Voice Vote

05/28/2015: 3rd Reading Passed; Marsh Amendment (170066-1) Offered; Marsh motion to Adopt adopted by Roll Call; Motion to Read a Third Time and Pass adopted Roll Call; Engrossed

House:

05/28/2015: Read for the first time and referred to the House Committee on Constitution, Campaigns and Elections (CC&E).

06/02/2015: 2nd Read and placed on the calendar; pending 3rd Read and favorable from CC&E

LWVAL is monitoring these bills:

SB16 - County commissions, limited power to establish personnel policies, community, transportation and emergency assistance programs, policies for operation of county offices and elections and polling places, const. amend.

Sponsors(s): Senator Marsh

Summary/Synopsis: Under existing law, a county commission has limited powers. This amendment permits each county to administer its local affairs, which now must be expressly authorized by general law or the constitution. It transfers the administration of purely local functions from the Legislature or ballot initiatives to the County Commission, with some carefully crafted limitations.

Unless it is prohibited by the Alabama constitution or by general law or by local law, each county will have powers to create and administer its affairs through programs, policies, and procedures such as:

establish a county personnel system
create programs for clean roadways and public facilities and for protection of citizens from dangerous animals running loose, so long as no programs restrict the use of animals for hunting purposes, or for sale or breeding or other farming operations.
provide public transportation and programs to encourage safety on public roads.
create and administer programs related to county offices, such as one-stop tag programs; commissaries for inmates at the county jail; disposal of unclaimed personal property in the custody of the county; management of the county highway department; automation of county activities; and establishment of unit or district systems for the maintenance of county roads and bridges.
create emergency assistance programs such as ambulances. Changes to functions within the office of an elected county official will require the written consent and cooperation of that elected official.

Taxing powers are expressly forbidden as is infringing on a right of a business entity with respect to its private property.
Elected officials are not subject to change.

The county commission may not limit, alter, or otherwise impact the constitutional, statutory, or administrative duties, powers, or responsibilities of any other elected officials or establish, increase, or decrease any compensation or expense allowance for any elected officials.

Download SB16.

Download SB16 Amendment 165250-1.

League Action and Justification: Monitoring the progress of the bill for possible action because county home rule is a League goal.

This amendment corrects some major problems created by the 1904 Constitution, which places county government in the hands of the legislature and statewide ballot initiatives. It allows counties to control purely local affairs if they choose. Passing laws would be a more direct, transparent and expeditious process. The Legislature could function more effectively with roughly 40% more time to consider state issues. Legislators’ local bills could no longer be used to force a yea or nay vote on a state bill. Because it is crafted with careful limitations, this bill seems more likely to succeed and to accomplish these reforms more effectively than previous attempts.

Since League first called for a new constitution in 1976, the essential elements of reform of local government have been unchanged, despite some small updating to fit shifting circumstances. This amendment embodies those essential elements—to give citizens more local self-government and to require local choice for county powers.

Bill Progress in Legislature:

03/03/2015: First reading and sent to the Senate Committee on County and Municipal Government (C&MG).

03/05/2015: 2nd reading and placed on the calendar with 1 amendment (165250-1); pending 3rd reading and Favorable from C&MG.

06/03/2015: Indefinitely postponed

SB25/HB337 - Separation of powers, Article III and Amendment 582 of the Constitution of Alabama of 1901, combined into one section in modernized language but no substantive change, Article III and Amendment 582 repealed and Article III added

Sponsors(s):
SB25: Senator Albritton
HB337: Representatives Givan, Davis and Shedd

Summary/Synopsis: (Constitutional Amendment)
Article III of the Constitution of Alabama of 1901, consists of two sections: Section 42, which establishes the three departments of state government, and Section 43, which provides for the separation of the powers of those three departments. In addition, Amendment 582 of the Constitution of Alabama of 1901, now appearing as Section 43.01 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, requires approval by the Legislature of court orders requiring disbursement of state funds.

This proposed constitutional amendment would repeal Article III and Amendment 582 and add a new Article III combining the substance of the repealed provisions in modernized language without making any substantive change.

Download SB25.

Download SB25 Enrolled.

Download HB337.

League Action and Justification: Monitoring for movement. Similar legislation was introduced last year.

The League supports the separation of powers doctrine as an important part of government accountability through mechanisms that establish limited government.

Bill Progress in Legislature:

SB25:

03/03/2015: First reading and sent to the Senate Committee on Judiciary (JUDY).

03/11/2015: 2nd Reading and placed on the Calendar; pending 3rd Reading and Favorable from JUDY.

04/07/2015: 3rd Reading Passed; Motion to Read a 3rd Time and Pass adopted by Roll Call Vote;

House

04/07/2015: Read for the first time and referred to the House Committee on Constitution, Campaigns and Elections (CC&E).

4/16/2015: 2nd Reading and place on the Calendar; Pending 3rd Read and Favorable from CC&E

05/19/2015: 3rd Reading Passed; Motion to Read a Third Time and Pass adopted by Roll Call; Sessions intended to Vote “Yea”’;

Senate:

05/21/2015: Passed 2nd House; Enrolled; Forwarded to Secretary of State on May 21, 2015 at 1:18 p.m. on May 21, 2015; Signature requested.

Assigned Act No. 2015-200.

HB337

03/19/2015: Read for the first time and referred to the House Committee on Constitution, Campaigns and Elections (CC&E).

04/02/2015: 2nd Reading and place on the Calendar; pending 3rd Reading and Favorable from CC&E

05/19/2015: 3rd Reading and placed on the Calendar; Shedd motion to Substitute a Companion Bill Adopted by Voice Vote; pending 3rd reading and Favorable from CC&E

06/03/2015: Indefinitely postponed

SB26/HB336 (Constitutional Amendment) - Impeachment, Article 7, Constitution of Alabama of 1901, repealed and readopted, const. amend.

Sponsor(s):
SB26: Senator Albritton
HB336: Representatives Givan, Davis and Shedd

Summary/Synopsis: Article VII of the Constitution of Alabama of 1901, provides for impeachments in Alabama. This bill would propose an amendment to the Constitution of Alabama of 1901, to repeal the existing Article VII and to readopt Article VII to make nonsubstantive technical amendments, including renumbering sections, capitalization, and gender neutral references, throughout the article and to make all of the following substantive changes:
      Section 173. The rewritten section would remove the State Superintendent of Education and include the members of the State Board of Education as officers who are subject to impeachment, would require a two-thirds vote of the Senate, sitting as a court of impeachment, for conviction, and would delete the requirement that members of the Legislature be summoned to the capitol for impeachment proceedings by publication in a newspaper.
      Section 174. The rewritten section would delete the outdated reference to chancellors, would include district court judges as officers subject to impeachment, and would substitute the term district attorney for the outdated term solicitor.
      Section 175. The rewritten section would provide that all county and municipal officers are subject to impeachment.

Also included in the new article but not in the above summary attached to the bill itself and posted on ALISON are:
      Section 174: “The judges of the district and circuit courts, judges of the probate courts, and judges of other courts from which an appeal may be taken directly to the supreme court, district attorneys, and sheriffs, may be removed from office for any of the causes specified in Section 173 or elsewhere in this constitution, by the supreme court, or under such regulations as may be prescribed by rule of the Supreme Court of Alabama or law. The Legislature may provide for the impeachment or removal of other officers than those named in this article.”
      Section 173 defines causes for impeachment for a list of specific offices as follows: “The Governor, Lieutenant Governor, Attorney General, State Auditor, Secretary of State, State Treasurer, members of the State Board of Education, Commissioner of Agriculture and Industries, and justices of the supreme court may be removed from office for willful neglect of duty, corruption in office, incompetency, or intemperance in the use of intoxicating liquors or narcotics to such an extent, in view of the dignity of the office and importance of its duties, as unfits the officer for the discharge of such duties for any offense involving moral turpitude while in office, or committed under color thereof, or connected therewith.”

Download SB26.

Download SB26 Amendment 167763-1.

Download HB336.

Download HB336 Amendment 166850-1.

Download HB336 Enrolled.

League Action and Justification: Monitoring.
League has no impeachment position, but impeachment is one mechanism used to insure accountability, but it should be used only when all efforts fail to hold public officials to their oath of office.

Bill Progress in Legislature:

SB26:

Senate

03/03/2015: First Reading and referred to the Senate Committee on County and Municipal Government (C&MG).

03/05/2015: 2nd Reading and placed on the calendar; pending 3rd Reading and Favorable from C&MG.

03/17/2015: 3rd Reading Carried Over to Call of the Chair; Albritton motion to Carry Over to the Call adopted by Voice Vote.; Further Consideration.

04/07/2015: 3rd Reading Passed; Motion to Read a 3rd Time and Pass adopted by Roll Call Vote

House

04/07/2015: Read for the first time and referred to the House Committee on Constitution, Campaigns and Elections (CC&E).

04/16/2015: 2nd Reading and placed on the Calendar with 1 Amendment (167763-1); pending 3rd Read and Favorable from CC&E with 1 Amendment; CC&E 1st Amendment Offered.

HB336:

House

03/19/2015: Read for the first time and referred to the House Committee on Constitution, Campaigns and Elections (CC&E).

04/02/2015: 2nd Reading and placed on the Calendar with 1 CC&E Amendment (166850-1); Pending 3rd Read and Favorable from CC&E with 1 Amendment

04/09/2015: 3rd Reading Passed; CC&E Amendment (166850-1) Offered; Motion to Adopt adopted by Roll Call Vote; Motion to Read a 3rd Time and Pass adopted by Roll Call Vote

Senate

04/14/2015: Read for the First Time and Referred to the Senate Committee on Constitution, Ethics, and Elections; Constitution, Campaigns and Elections first Amendment (166850-1) Offered

04/28/2015: 2nd Read and placed on the Calendar; pending 3rd Read and favorable from CE&E

05/19/2015: 3rd Reading Passed; Motion to Read a 3rd Time and Pass Adopted by Roll Call; Signature Requested

House:

Passed 2nd House;

05/21/2015: Enrolled; Clerk of the House Certification; Delivered to Secretary of State at 10:18 a.m. on May 21, 2015

HB257 - Joint Legislative Committee on Government Oversight and Accountability, created, membership, powers and duties

Sponsor(s): Representatives Knight, Hubbard and McCutcheon

Summary/Synopsis: This bill would create the Joint Legislative Committee on Government Oversight and Accountability to provide continuous legislative oversight of all state government operations.

This bill would provide for the membership, compensation, powers, and duties of the committee.

This would authorize the committee to review expenditures by state agencies and other entities and investigate, in detail, whether funds are expended for the programs or purposes for which they were appropriated by the Legislature.

This bill would authorize the committee to offer formal suggestions to state agencies and other entities to correct operational deficiencies identified by the committee and would allow the committee to direct the Chief Examiner of Public Accounts to conduct an audit, review, or examination of any state agency or other entity under certain conditions.

This bill would also authorize the Department of Finance to modify the planned expenditure of funds by state agencies and other entities upon advice and consent of the Joint Legislative Committee on Government Oversight and Accountability and would prohibit certain interagency agreements unless notice is provided by the Governor to the committee.

Download HB257.

Download HB257 Amendment 166917-1.

Download HB257 Engrossed.

League Action and Justification: Monitor for movement.
Oversight is a major responsibility of legislatures. As an important check on the potential abuse of power by the executive branch, it is one mechanism for maintaining a limited government.

Bill Progress in Legislature:
03/12/2015: Read for the First time and referred to the House Committee on Internal Affairs (IA).

04/02/2015: Reported from Internal Affairs as Favorable with 1 IA Amendment (166917-1); pending 3rd Reading and Favorable from IA with 1 Amendment

05/21/2015: 3rd Reading Passed; IA Amendment (166917-1) Offered; Motion to Adopt adopted by Roll Call; Motion to Read a 3rd Time and Pass adopted by Roll Call; Daniels intended to vote “Nay”; Engrossed

Senate:

05/21/2015: Read for the 1st Time and referred to the Senate Committee on Fiscal Responsibility and Economic Development (FR&ED).

HB 339 - Colleges and Universities, ethics training for members of public boards of trustees required, trustees required to file statements of economic interest

Sponsor(s): Representatives Williams (JD), Garrett, Martin, Holmes (M), Fincher, Lee, Chesteen, Moore (B), Howard, Shiver, Sells, Polizos, Coleman-Evans, Drummond, Warren, Forte, Williams (JW), Boyd, Melton, Beckman, Baker, Lawrence, Wadsworth, McClammy, Knight, Beech, McCampbell, Standridge, Alexander, Tuggle, Sessions, Givan, Rogers, Moore (M), Hurst, Johnson (R), Millican, Scott, Whorton (I), Williams (P), Hill (J), Davis, Nordgren, Wilcox, Hanes, Butler, Harbison, Henry, Hall, Treadaway, Farley, Daniels, Ledbetter, Whorton (R), Patterson, Ball, Pettus, Fridy, Rowe, McCutcheon, Johnson (K), Wood, Faust, Sanderford, Greer and Mooney

Summary/Synopsis: This bill requires members of the boards of trustees of public institutions of higher education to complete mandatory training on the state ethics law, board governance, and relevant accreditation standards. It would also make these trustees subject to the state ethics law and require them to file statements of economic interest with the ethics commission as well as disclose to the ethics commission all business relationships and transactions with other trustees who serve on the same board.

Download HB339.

Download HB339 Substitute 168722-2.

Download HB339 Substitute 168722-2 Amendment 169676-2.

Download HB339 Engrossed.

League Action and Justification: Monitor
League supports good management practices in all levels of education and this is such a “best practice”.

Bill Progress in Legislature:

03/19/2015: First reading and referred to the House Committee on Education Policy (EP).

05/21/2015: 2nd Reading and placed on the calendar with 1 Substitute (168722-1) and 1 Amendment (169676-2); EP 1st Substitute Offered; EP 1st Amendment Offered; pending 3rd Reading and Favorable from EP with and 1 Amendment

05/28/2015: 3rd Reading Passed; Education Policy first Substitute (168722-2) Offered; Motion to Adopt adopted by Roll Call; Education Policy Amendment (169676-2) Offered; Motion to Adopt adopted by Roll Call; Motion to Read a Third Time and Pass adopted by Roll Call; Engrossed

Senate:

05/28/2015: 1st Read and referred to the Senate Committee on Education and Youth Affairs (E&YA).

HB379 - Article V constitutional convention, compact to set convention to require Congress to balance the budget, adopted

Sponsor(s): Representatives Henry, Williams (JD), Harbison, Johnson (K), Collins, Tuggle, Rich, Williams (P), Whorton (I), Treadaway, South, Faulkner, Fridy, Weaver, Harper, McCutcheon, Ball, Ledbetter, Whorton (R), Greer, Hanes, Butler, Davis, Hammon, Moore (B), Polizos, Shiver, Ingram, Carns, Williams (JW), Fincher, Martin and Lee

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.

Note: The bill does much more than require a balanced budget. For example it alters aspects of the federal-state relationship, changes the Congressional vote needed to enact tax increases, and specifies the type of tax increase that may be enacted using current procedures. The following is the Balanced Budget Amendment it seeks to add to the U.S. Constitution:

Section 1. Total outlays of the government of the United States shall not exceed total receipts of the government of the United States at any point in time unless the excess of outlays over receipts is financed exclusively by debt issued in strict conformity with this article.

Section 2. Outstanding debt shall not exceed authorized debt, which initially shall be an amount equal to 105 percent of the outstanding debt on the effective date of this article. Authorized debt shall not be increased above the initial amount unless the increase is first approved by the legislatures of the several states as provided in Section 3.

Section 3. From time to time, Congress may increase authorized debt to an amount in excess of its initial amount set by Section 2 only if it first publicly refers to the legislatures of the several states an unconditional, single subject measure proposing the amount of such increase, in such form as provided by law, and the measure is thereafter publicly and unconditionally approved by a simple majority of the legislatures of the several states, in such form as provided respectively by state law; provided that no inducement requiring an expenditure or tax levy shall be demanded, offered, or accepted as a quid pro quo for the approval. If such approval is not obtained within sixty (60) calendar days after referral, the measure shall be deemed disapproved and the authorized debt shall thereby remain unchanged.

Section 4. Whenever the outstanding debt exceeds 98 percent of the debt limit set by Section 2, the President shall enforce said limit by publicly designating specific expenditures for impoundment in an amount sufficient to ensure outstanding debt does not exceed the authorized debt. Said impoundment shall become effective thirty (30) days thereafter, unless Congress first designates an alternate impoundment of the same or greater amount by concurrent resolution, which shall become immediately effective. The failure of the President to designate or enforce the required impoundment is an impeachable misdemeanor. Any purported issuance or incurrence of any debt in excess of the debt limit set by Section 2 is void.

Section 5. No bill that provides for a new or increased general revenue tax shall become law unless approved by a two-thirds roll call vote of the whole number of each House of Congress. However, this requirement shall not apply to any bill that provides for a new end user sales tax that would completely replace every existing income tax levied by the government of the United States; or for the reduction or elimination of an exemption, deduction, or credit allowed under an existing general revenue tax.

Section 6. For purposes of this article, "debt" means any obligation backed by the full faith and credit of the government of the United States; "outstanding debt" means all debt held in any account and by any entity at a given point in time; "authorized debt" means the maximum total amount of debt that may be lawfully issued and outstanding at any single point in time under this article; "total outlays of the government of the United States" means all expenditures of the government of the United States from any source; "total receipts of the government of the United States" means all tax receipts and other income of the government of the United States, excluding proceeds from its issuance or incurrence of debt or any type of liability; "impoundment" means a proposal not to spend all or part of a sum of money appropriated by Congress; and "general revenue tax" means any income tax, sales tax, or value-added tax levied by the government of the United States excluding imports and duties.

Section 7. This article is immediately operative upon ratification, self-enforcing, and Congress may enact conforming legislation to facilitate enforcement.

Download HB379.

League Action and Justification: Monitor

There is no LWVAL position on balanced budgets. However, this proposal represents a major change in the operations of the federal government and in the checks and balances system supported by League.

At present two states have enacted the compact, and in another 25 states the legislators have introduced had the compact for consideration by their legislatures. The compact approach is intended as a mechanism to restrict the decision-making authority of a constitutional convention to the passage of just this one amendment.

Two websites that advocate on behalf of the compact are: http://www.compactforamerica.org/#!solution/c1flq and http://www.bba4usa.org/

Opponents largely argue that the amendment would not cover off budget entities (e.g., Fannie Mae and Freddie Mac), would make it impossible to deal with sudden emergencies whether natural or man-made, and result in continuous litigation and thereby increase judicial power. Some supporters of the idea are concerned about the degree to which “outside groups” are lobbying their state legislatures for the passage of the amendment, and there is concern over how the seats to the convention would be apportioned.

Note: SB112 (Article V Convention, appointment of delegates by the Legislature, qualifications, recall, oath) was introduced earlier in the legislative session. See Government Accountability Section

Bill Progress in the Legislature:

03/31/2015: First Reading and Referred to the House Committee on Constitution, Campaigns, and Elections (CC&E).

04/23/2015: 2nd Read and placed on the Calendar; pending 3rd read and Favorable from CC&E

06/03/2015: Indefinitely postponed

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