4AYB33-1 02/08/2023 PMG (L) PMG 2023-347 House State Government Reported Substitute for SB222 ENROLLED2 11N0LZ-34 ByA SenatorBILL GivhanTO RFD:BE ENTITLED AN ACT 9 Relating to the Legislature;

Fiscal Responsibility and Economic Development First Read:

19-Apr-23 2023 Regular Session Page 0 SB222 Enrolled Enrolled, An Act, 3 Relating to the Legislature;

to add Section 29-4-62 to Page 1 House State Government Reported Substitute for SB222 the Code of Alabama 1975, to provide further for the term of the Speaker of the House of Representatives and any vacancy in the office of the Speaker;

and to delete obsolete language and to repeal Sections 17-16-50 through 17-16-53, Code of Alabama 1975, relating to the contested election of a legislator;

and Page 1 SB222 Enrolled to delete obsolete language and make nonsubstantive, technical revisions to update the existing code language to current style.

The annual sessions shall not continue longer than 30 legislative days and 105 calendar days." "§29-1-19.1 The Legislature of the State of Alabama is hereby Page 2 House State Government Reported Substitute for SB222 authorized to control the usage of a certain portion of those streets adjacent to the State Capitol complex in the City of Montgomery and the grounds of the State Capitol building, viz:

That portion of King Street and Pelham Street, lying between Page 2 SB222 Enrolled Union and Ripley Streets, (over which the city has relinquished control), and the parking lot located across Union Street to the rear of the Capitol building between the administrative building and highway building and bounded by the Streets of Union, Ripley, Pelham and King Streets and McDowell Lee Lane;

and the chief of services of the division of services shall work in cooperation with the Legislature regarding any action taken by the Legislature as hereby authorized." "§29-2-41 (a) Each member of the committee shall be entitled to regular legislative compensation, per diem, and travel Page 3 House State Government Reported Substitute for SB222 expenses for each day he or she attends a meeting of the committee, which shall be paid out of the funds appropriated to the use of the Legislature, on warrants drawn on the state Comptroller upon requisition signed by the committee's chair.

Page 3 SB222 Enrolled Members shall not receive additional compensation or per diem when the Legislature is in session.

(b)(1) The committee shall have the responsibility of reviewing contracts for personal or professional services with 95 private entities or individuals to be paid out of appropriated funds, federal or state, on a state warrant issued as recompense for those services.

(2) Each state department entering into a contract to 95 be paid out of appropriated funds, federal or state, on a state warrant which is notified by the committee, is required toshall submit to the committee any proposed contract for personal or professional services.

If a department elects to submit a letter of intent to contract in lieu of a proposed Page 4 House State Government Reported Substitute for SB222 contract, the department shall be required to submit to the committee for its information the contract described in the letter of intent upon the execution of the contract.

(d) The committee shall hold a hearing to review and Page 4 SB222 Enrolled comment where necessary on any such contract or letter of intent to contract within a reasonable time not to exceed 45 days after the a department has submitted the contract or letter of intent to contract to the committee.

Page 5 House State Government Reported Substitute for SB222 (f) The committee shall have the power to issue subpoenas for any witnesses and to require the production of any documents or contracts it feels it needs the committee deems necessary to examine in the to conduct of its duties.

Page 5 SB222 Enrolled (g) The committee shall organize itself at the first meeting following a new quadrennium and elect from among its membership a chair and a vice-chair.

Provided,Contracts however,for contractsprofessional (2)services Contractsexecuted forby appointmentthe ofAttorney attorneysGeneral in preparation for theor Departmentduring oflitigation Transportationmay forbe rightredacted until the conclusion of waythe condemnationlitigation, casesif arenecessary exemptto protect from disclosure information that may lead to the provisionsharassment of thisthe article.contractor.

(3)Provided, Thehowever, reviewcontracts byContracts the committee of a contract for the appointment of anattorneys attorneyfor includes the retentionDepartment of essentialPage expert6 witnessesHouse orState additionalGovernment professionalReported servicesSubstitute paid for bySB222 theTransportation attorney,for soright long as the cost of theseway servicescondemnation doescases notare exceedexempt from the amountprovisions of thethis approvedarticle. contract.

(c)(2) ContractsThe forreview professionalby sevicesthe executedcommittee byof a contract for the Pageappointment 6of SB222an Enrolledattorney Attorneyincludes Generalthe inretention preparationof foressential expert witnesses or duringadditional litigationprofessional withservices anypaid individual,for otherby thanthe anattorney, attorneyso inlong as the litigation,cost mayof bethese redactedservices untildoes not exceed the conclusionamount of the litigationapproved ifcontract." necessary"§29-2-80 toThere protectis fromhereby disclosurecreated informationa thatPermanent mayJoint leadLegislative toCommittee harassmenton ofFinances theand individual.Budgets.

This subsection does not protect any information from being disclosed, as appropriate during the course of litigation." "§29-2-80 There is hereby created a Permanent Joint Legislative Committee on Finances and Budgets.

All departments, boards, bureaus, commissions, agencies, offices and institutions of the state shall and are hereby directed to cooperate fully with the committee and its staff and shall furnish any and all information that may be requested by the committee or its staff." "§29-2-81 The committee shall be composed of the Lieutenant Page 7 SB222House EnrolledState Government Reported Substitute for SB222 Governor, the members of the Senate Committee on Finance and Taxation Education, the members of the Senate Committee on Finance and Taxation General Fund, and such other members of the Senate as appointed by the Lieutenant Governor.

Members appointed to any sub-committee subcommittee shall each be entitled to, and shall receive compensation as is provided for below for members of the Permanent Joint Legislative Committee on Finances and Budgets for each day said the members attend a sub-committee subcommittee meeting that is not also a meeting day of the Page 8 SB222House EnrolledState Government Reported Substitute for SB222 committee.

(3) Upon delivery of the deed and documents, the Page 9 SB222House EnrolledState Government Reported Substitute for SB222 Legislative Building Authority shall be invested with all rights and title to the State House property.

(f) The Department of Finance, not more than three months after the effective date adding this amendatory language, shall execute and deliver an appropriate deed or deeds and accompanying documents conveying the lot bounded by Washington, Jackson, Ripley, and Pelham Streets and the parking lot located across Union Street to the rear of the Capitol building between the administrative building and highway building and bounded by Union, Ripley, and King Streets and McDowell Lee Lane, in fee simple absolute to the Legislative Council." "§29-4-70 (a) If the senator who is serving as the President Pro Page 10 SB222House EnrolledState Government Reported Substitute for SB222 Tempore of the Senate on the date of the general election at which members of the Senate are elected to four-year terms is reelected to the Senate, the senator shall continue to serve as President Pro Tempore of the Senate until a successor President Pro Tempore is selected pursuant to Section 48.01 of the Official Recompilation of the Constitution of Alabama of 1901, as amended2022.

(c) If a vacancy occurs in the office of the Lieutenant Governor for any reason, the President Pro Tempore of the Senate shall assume the budget, personnel, and any other statutory duties of the office of the Lieutenant Governor for the remainder of the term of office." "§29-5A-22 (a) In compiling the contents of the codeCode of Alabama 1975, and any cumulative supplement and replacement volume to the code, the Legal Division and the Code Page 11 SB222House EnrolledState Government Reported Substitute for SB222 Commissioner may not alter the sense, meaning, or effect of any act.

(9) Substitute the name of any agency, officer, or instrumentality of the state or of a political subdivision whose name is changed by law or to which powers, duties, and responsibilities have been transferred by law, for the name Page 12 SB222House EnrolledState Government Reported Substitute for SB222 which the agency, officer, or instrumentality previously used or of the agency which was previously vested with the same powers and charged with the same duties and responsibilities.

(17) Exclude any nonsubstantive legislative findings, provided the findings shall be noted as a code commissioner Page 13 SB222House EnrolledState Government Reported Substitute for SB222 note.

For purposes of this section, tax expenditures means those state revenue losses attributable to the provisions of the constitution, state tax statutes, or rules promulgated adopted Page 14 SB222House EnrolledState Government Reported Substitute for SB222 pursuant to the statutes, which allow a special exclusion, exemption, or deduction, or which provide a special credit or preferential tax rate.

Page 15 SB222House EnrolledState Government Reported Substitute for SB222 (d) The House Ways and Means Education Committee and the Senate Committee on Finance and Taxation - Education shall conduct joint hearings on the tax expenditure report every even-numbered year to be concluded by the tenth legislative day of the regular session of the Legislature periodically at the call of the chairs.

The council consists of the Speaker of the House of Representatives, the House Majority Leader, the House Minority Leader, the Chairs of the Ways and Means General Fund and Ways and Means Education Committees, two members of the House of Representatives appointed by the Speaker, two members of the House of Representatives elected by the House of Representatives, and one member of the House of Representatives elected by members of the House of Representatives who are not members of the majority party, who shall constitute the House Legislative Council, and the President Pro Tempore of the Senate, the Senate Majority Leader, the Senate Minority Leader, the Chairs of the Finance and Taxation General Fund and Finance and Taxation Education Committees, two Senators appointed by the President Pro Page 16 SB222House EnrolledState Government Reported Substitute for SB222 Tempore, two members of the Senate elected by the Senate, and one member of the Senate elected by members of the Senate who are not members of the majority party, who shall constitute the Senate Legislative Council.

(2) If a vacancy occurs in its elected membership while the Legislature is not in session, the House Legislative Page 17 SB222House EnrolledState Government Reported Substitute for SB222 Council or the Senate Legislative Council, as appropriate, may make temporary appointments to fill the vacancy until the vacancy is filled by an election of the appropriate members of the House or Senate, as the case may be.

The position of chair shall alternate between a member of the Senate and a member of the House of Representatives every two Page 18 SB222House EnrolledState Government Reported Substitute for SB222 years.

(3) The Senate Legislative Council shall convene at a time and place designated by the President Pro Tempore of the Page 19 SB222House EnrolledState Government Reported Substitute for SB222 Senate in written notice given to each member of the Senate Legislative Council to select a chair and vice chair of the Senate Legislative Council.

(d) The Legislative Council, the House Legislative Council, and the Senate Legislative Council may provide for the appointment of committees to facilitate their work." "§29-6-3 (a) Members of the Legislative Council, House Legislative Council, and Senate Legislative Council may participate in a meeting of the respective council by means of telephone conference, video conference, or similar communications equipment by means of which all personsindividuals participating in the meeting may hear each Page 20 SB222House EnrolledState Government Reported Substitute for SB222 other at the same time and members of the public may simultaneously listen to the meeting.

The orientation Page 21 SB222House EnrolledState Government Reported Substitute for SB222 shall cover all of the duties and responsibilities of membership on the council.

The council may Page 22 SB222House EnrolledState Government Reported Substitute for SB222 establish a special fund in the State Treasury to receive funds from any source to maintain the State House property.

(4) Maintain the computer operations of the Legislature, including management and control of the Legislative Data Center and employ a director of technology who shall oversee the operations of the Legislative Data Center and maintain all computer guidelines of the Legislative Department and all agencies and entities therein, except that production of legislative proceedings of the respective Houses shall be under the control of the Secretary of the Senate and Page 23 SB222House EnrolledState Government Reported Substitute for SB222 the Clerk of the House of Representatives, respectively.

The Director of Human Resources shall provide services at the direction of the Legislative Council, including providing lists of applicants for open positions and the written application for employment for each, providing assistance in the determination of salary schedules, Page 24 SB222House EnrolledState Government Reported Substitute for SB222 benefits, and terms of employment, maintaining custody of records as requested, and providing consultation on employee discipline.

provided further, persons who serve at the pleasure of the House Page 25 SB222House EnrolledState Government Reported Substitute for SB222 Majority Leader and the House Minority Leader serve under terms and conditions set by the House Majority Leader and the House Minority Leader, respectively;

The Legislative Council shall utilize use the services of the Director of Human Resources for all joint employees, including providing lists of applicants for open positions and the written application for employment for each, providing assistance in determination of job classifications, salary schedules, benefits, and terms of employment, maintaining custody of records as requested, Page 26 SB222House EnrolledState Government Reported Substitute for SB222 and providing consultation on employee discipline." "§41-5A-16 (a) There shall be a Legislative Committee on Public Accounts to exercise general supervision and control over the actions of the chief examinerChief Examiner and the Department of Examiners of Public Accounts.