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SB222 ENROLLED 11N0LZ-3 By Senator Givhan RFD:
JVV2FF-1 :
Fiscal Responsibility and Economic Development First Read:
5/8/2023 :
19-Apr-23 2023 Regular Session Page 0 SB222 Enrolled Enrolled, An Act, 3 Relating to the Legislature;
PMG AMENDMENT TO THE SUBSTITUTE FOR SB222, AS ENGROSSED 1ST ROGERS AMENDMENT TO SB222 OFFERED BY REPRESENTATIVE ROGERS 2 4 Replace lines 31 through 33 on page 2 with the following:
to amend Section 29-1-4, 29-1-19.1, 29-2-41, 29-2-41.2, 29-2-80, 29-2-81, 29-2-83, 29-2-201, 29-4-70, 29-5A-22, 29-5A-46, 29-6-1, 29-6-2, 29-6-3, 29-6-7, 41-5A-16, 41-9-370, and 41-9-374, Code of Alabama 1975, to provide further for the date the Legislature convenes during the first year of a regular session;
the office of the Speaker;
to provide additional time for the Contract Review Committee to review a contract and provide further for certain types of professional contracts;
and to delete obsolete language and Replace lines 812 through 814 on pages 29 and 30 with the following:
to provide further for property owned by the Legislative Council;
Reference Service, are repealed.
to provide contingencies if a vacancy occurs in the Office of the Lieutenant Governor;
Page 1
to provide further for the role of the Code Commissioner and duties of the Legislative Council and Legislative Services Agency;
to revise membership of the Joint Legislative Committee on Finances and Budgets;
to provide further for tax expenditure reports made by the Legislative Fiscal Officer;
to revise when members of the Legislative Committee on Public Accounts are elected;
to repeal 29-5A-24 and 29-6-6, Code of Alabama 1975, relating to obsolete duties of the Legislative Reference Service and the Legislative Council;
to add Section 29-4-62 to 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.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1.
Sections 29-1-4, 29-1-19.1, 29-2-41, 29-2-41.2, 29-2-80, 29-2-81, 29-2-83, 29-2-201, 29-4-70, 29-5A-22, 29-5A-46, 29-6-1, 29-6-2, 29-6-3, 29-6-7, 41-5A-16, 41-9-370, and 41-9-374, Code of Alabama 1975, are amended to read as follows:
"§29-1-4 The Legislature shall convene in organizational session on the second Tuesday in January next succeedingfollowing its election in organizational session and shall remain in session for not longer than 10 consecutive calendar days.
Commencing in the year 1999, the annual regular sessions of the Alabama Legislature shall commence on the first Tuesday in March of the first year of the term of office of the legislators, on the first Tuesday of February of the first, second, and third years of the term and on the second Tuesday in January of the fourth year of the term.
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 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 parking facilities connected to and adjacent to the former Highway Department Building and now designated "the Alabama State House";
and all of that lot bound by Washington, Jackson, and Ripley and Pelham Streets and McDowell Lee Lane owned by the State of Alabama;
and the driveway and parking spaces on the grounds surrounding the Capitol itself;
all the aforesaid being exclusive of any right-of-way or rights-of-way or parking facilities now controlled by the City of Montgomery.
The Legislature shall be authorized to exercise control over the usage of the said areas through the joint parking committee created by Act No.
8, Organizational Session 1975, or its successor, or by subsequent legislative action;
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 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.
The Department of Examiners of Public Accounts shall furnish assistance and any relevant information to the committee.
(b)(1) The committee shall have the responsibility of reviewing contracts for personal or professional services with 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.
Each contract shall be accompanied by an itemization of the total cost estimate of the contract.
The (c) A department may, in lieu of the proposed contract, submit to the committee a letter of intent to contract.
Such A letter of intent to contract shall indicate the contracting parties, the services to be performed, an itemization of the total cost estimate of the contract, and such other information as the department may deem pertinent to the committee review of the contract.
If a department elects to submit a letter of intent to contract in lieu of a proposed 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.
If the committee fails to hold a hearing to review a contract or letter of intent to contract within the 45-day time period, the contract shall be deemed to have been reviewed in compliance with this section.
The committee, may hold a contract considered at a meeting for up to 45 days following the meeting to review and comment on the contract.
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(e) Any contract made by the state or any of its agencies or departments in violation of this section and without prior review by the committee of either the contract or the letter of intent to contract shall be void ab initio.
If the committee fails to review and comment upon any contract or letter of intent to contract within the aforementioned 45-day time period, such contract shall be deemed to have been reviewed in compliance with this section.
Should the department elect to submit a letter of intent to contract in lieu of a proposed contract, as authorized in the preceding paragraph, 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.
(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.
Any committee member reelected to a new quadrennium shall continue to serve on the committee until such time the committee reorganizes itself.
(h) The committee shall hold regular meetings at least once each month, the regular meetings to be held during the first week of each month." "§29-2-41.2 (a) For the purposes of this article the term personal and professional services specifically includes independent contractor agreements as well as individual employment agreements.
(b)(1) Notwithstanding any other provisions of this article, all contracts for employment of an attorney to provide legal services, including contracts involving an attorney providing legal services under an agreement with the Attorney General, shall be reviewed by the committee.
Provided, however, contracts (2) Contracts for appointment of attorneys for the Department of Transportation for right of way condemnation cases are exempt from the provisions of this article.
(3) The review by the committee of a contract for the appointment of an attorney includes the retention of essential expert witnesses or additional professional services paid for by the attorney, so long as the cost of these services does not exceed the amount of the approved contract.
(c) Contracts for professional sevices executed by the Page 6 SB222 Enrolled Attorney General in preparation for or during litigation with any individual, other than an attorney in the litigation, may be redacted until the conclusion of the litigation if necessary to protect from disclosure information that may lead to harassment of the individual.
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.
The committee shall meet during the interim periods between the regular sessions of the Legislatureat the call of the chair.
It shall be the duty of the committee to make a careful investigation and study of the financial condition of the state, hold budget hearings, inquire into ways and means of financing state government and its programs, and report its findings and recommendations as herein provided.
The Secretary of the Senate, the Clerk of the House of Representatives and the Director of the Legislative Fiscal Office Officer shall provide the committee with such clerical and expert assistance from among their respective staffs as may be necessary.
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 SB222 Enrolled 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.
The committee shall further be composed of the Speaker of the House of Representatives, the members of the House Committee on Ways and Means Education, the members of the House Committee on Ways and Means General Fund, and such other members of the House of Representatives to be appointed by the Speaker of the House;
provided, however, that the total committee membership from the House of Representatives shall not exceed 36 members.
The Chairman Chairs of the Senate Committee Committees on Finance and Taxation and the Chairman Chairs of the House Ways and Means Committee Committees shall be co-chairmen joint chairs.
The said co-chairmen chairs shall each appoint one vice co-chairman chair and shall set the schedule and program for committee work.
The said co-chairmenchairs shall fix the days and hours of meetings and conduct hearings and examine witnesses who appear before the committee.
Each co-chairman chair may appoint sub-committees subcommittees and invest them with such authority as may be deemed necessary to conduct the committee's business and expedite its work.
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 SB222 Enrolled committee.
Said sub-committee The subcommittee members shall not be paid for more than 30 additional calendar days in any single calendar year for work of said sub-committeethe subcommittee." "§29-2-83 The committee shall report its findings and recommendations to the Legislature at such times deemed appropriate by the chairs, but no later than the seventh legislative day of each regular session." "§29-2-201 (a)(1) For purposes of this article, State House property means the real property bordered by Union Street, McDowell Lee Lane, Ripley Street, and Washington Avenue and the building, parking deck, and improvements located thereon, the lot bounded by Washington Avenue, Jackson Street, Ripley Street, and Pelham Street owned by the State of Alabama, 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, and any improvements thereon.
(2) The Alabama Building Renovation Finance Authority, hereafter referred to as ABRFA, created pursuant to Article 14 (commencing with Section 41-10-450) of Chapter 10 of Title 41, shall execute and deliver on June 14, 2007, an appropriate deed or deeds and accompanying documents conveying State House property in fee simple absolute to the Legislative Building Authority.
(3) Upon delivery of the deed and documents, the Page 9 SB222 Enrolled Legislative Building Authority shall be invested with all rights and title to the State House property.
(4) The consideration for the conveyance shall be the amounts appropriated in Section 29-2-202.
This consideration is conclusively determined to be valuable, adequate, and fair.
(b) The right of reverter created in Section 41-10-470, in relation to the land upon which the Alabama State House is situated is abolished on the date of the conveyance.
(c) Any statutory lien created under Section 41-10-472, in relation to the land upon which the Alabama State House is situated is abolished on the date of the conveyance.
(d) The Legislative Building Authority shall be vested with absolute title and control of the State House property.
(e) Commencing October 1, 2015, absolute title and control of the State House property shall transfer to the Legislative Council by operation of law.
(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 SB222 Enrolled 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.
(b) If the senator serving as the President Pro Tempore of the Senate ceases service as a Senator senator for any reason prior to election of a President Pro Tempore pursuant to Section 48.01 of the Official Recompilation of the Constitution of Alabama of 1901, as amended2022, then, with the approval of the Senate Legislative Council, the Secretary of the Senate shall perform the functions of the President Pro Tempore with respect to the expenditure of funds appropriated to the office of the President Pro Tempore until a successor President Pro Tempore is elected 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 SB222 Enrolled Commissioner may not alter the sense, meaning, or effect of any act.
The Legal Division and Code Commissioner, in compiling the contents of the code and any supplement and replacement volume to the code, may perform all of the following editorial functions:
(1) Change the wording of descriptive headings and catchlines.
(2) Change hierarchy units as specified in an act to appropriate code hierarchy.
(3) Change reference numbers to conform with renumbered hierarchy units, or make corrections in reference numbers if the correction can be made without substantive change in the law.
(4) Substitute the proper hierarchy unit for the terms "this act," "the preceding section," and the like.
(5) Remove language that is surplusage, including "of the Code of Alabama 1975," "of this section," and the like when such language follows a designated hierarchy unit.
(6) Substitute "this title," "this chapter," or other hierarchy designation in place of reference to the specific unit, if the reference is within that unit.
(7) Translate dates to the appropriate month, day, and year.
(8) Change words when directed by law.
(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 SB222 Enrolled 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.
(10) Divide, consolidate, and rearrange hierarchy units and parts of hierarchy units.
(11) If any section or part of a section of the Code of Alabama 1975, is amended by more than one act at the same session of the Legislature, incorporate into one or more code sections the section as amended or altered by the several acts, if each of the amendments, changes, or alterations are not in substantive conflict and can be given effect and incorporated in the code section or code sections in a manner which will make the code section or code sections intelligible.
(12) Resolve nonsubstantive conflicts between multiple acts.
(13) Change capitalization, spelling, and punctuation for the purpose of uniformity and consistency.
(14) Correct manifest grammatical, clerical, and typographical errors, including, but not limited to, by means of the addition or deletion of language.
(15) Revise language in a nonsubstantive manner for clarity, consistency, or to conform to drafting style.
(16) Correct obsolete citations to the Constitution of Alabama of 1901 to correctly cite the Constitution of Alabama of 2022.
(17) Exclude any nonsubstantive legislative findings, provided the findings shall be noted as a code commissioner Page 13 SB222 Enrolled note.
(b)(1) Upon the adoption and incorporation of the annual cumulative supplement and each replacement volume into the Code of Alabama 1975, by statute, that supplement or replacement volume shall be considered as part of the entire Code of Alabama 1975, and shall be considered for statutory construction purposes in the same manner as all other portions of the code.
(2) This adoption and incorporation by statute shall constitute a continuous systematic codification of the entire Code of Alabama 1975, for purposes of Section 85 of the Constitution of Alabama of 19012022.
Such a statute is a law that adopts a code for the purposes of Section 45 of the Constitution of Alabama of 19012022.
(c) The Legislature finds and declares that this section is declaratory of, and does not constitute a change in, the law existing since the amendment of Section 29-7-6 by Act 93-618 of the 1993 Regular Session designating the Director of the Legislative Reference Service as the Code Commissioner." "§29-5A-46 (a) The Beginning in 2024, the Fiscal Division shall prepare and submit an annual a report every other year to the Legislature which lists all state tax expenditures and the estimated cost associated with each of the tax expenditures.
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 SB222 Enrolled pursuant to the statutes, which allow a special exclusion, exemption, or deduction, or which provide a special credit or preferential tax rate.
The report shall be organized according to the funds into which the tax expenditures would be dedicated but for the exemptions and rate differentials.
The report shall be submitted at the same time that the Governor is required to submit his or her budget proposal to the Legislature.
(b) The annual biennial tax expenditure report shall include the following:
(1) Each tax exemption and its constitutional and/or statutory citation.
(2) An estimate of the revenue loss to the state caused by each of the tax expenditures for the most recently completed fiscal year.
(c) The Fiscal Division is authorized to may request and receive from the Department of Revenue or any other state or local agency or official any information necessary to complete the report required by this section.
Such information shall be subject to the confidentiality and disclosure provisions of Section 40-2A-10;
however, these provisions shall not prevent the aggregation and disclosure of any information necessary to transparently complete the report required by this section.
In the event that lack of information prevents the Fiscal Division from making a reasonable estimate for any tax expenditure, the division shall list the expenditure with a notation that an estimate cannot be determined.
Page 15 SB222 Enrolled (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.
From time to time, the committees may report to the Legislature findings or recommendations developed as a result of the hearings.
(e) This section does not apply to any incentives or other matters which are included in the report required by Section 40-18-379." "§29-6-1 (a) There is hereby created a continuing legislative committee to be known as the Legislative Council of the State of Alabama.
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 SB222 Enrolled 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.
Until January 14, 2019, the President of the Senate is a full voting member of the Senate Legislative Council.
Except as otherwise provided in subsection (d), the The elected House and Senate members shall be elected at the first regular organizational session of each quadrennium.
(b) Members serving ex officio, appointed, or elected at the 2015 Regular Session pursuant to Act 2015-408 or appointed as otherwise provided in subsection (d), shall replace the members of the Legislative Council serving on the council on June 10, 2015.
(c)(b)(1) Members of the council may serve on the council as long as the member retains the office that qualified the member for service or during the term to which the member was appointed or elected and, if reelected to the same house without a break in service to that house, during the succeeding legislative term until a successor is appointed or elected as provided by law.
No member may be elected to more than two consecutive four-year terms and no member may be appointed to more than two consecutive four-year terms.
Any member serving ex officio may remain on the Legislative Council as long as the member holds the office qualifying the member for membership.
(2) If a vacancy occurs in its elected membership while the Legislature is not in session, the House Legislative Page 17 SB222 Enrolled 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.
(d) If Act 2015-408 does not become operative prior to adjournment sine die of the 2015 Regular Session, the Speaker of the House, the President Pro Tempore of the Senate, the Chairs of the Ways and Means General Fund and Ways and Means Education Committees, the Chairs of the Finance and Taxation General Fund and Finance and Taxation Education Committees, and the majority and minority leader of the respective houses shall serve on the Legislative Council and, by July 4, 2015, the Speaker and the President Pro Tempore, respectively, shall appoint five members of the House of Representatives, at least one of whom may not be a member of the majority party, and five members of the Senate, at least one of whom may not be a member of the majority party, to serve on the Legislative Council until members are elected at the 2016 Regular Session." "§29-6-2 (a) The President of the Senate shall be a member of the Legislative Council but may vote on issues before the Legislative Council only in the case of a tie.
At its first meeting during each quadrennium and at such other times as necessary, the Legislative Council shall elect a chair and vice chair from among the membership of the council.
The position of chair shall alternate between a member of the Senate and a member of the House of Representatives every two Page 18 SB222 Enrolled years.
To the extent possible, membership of the council shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state.
(b) Within 10 days after the membership of the Legislative Council is determined:
(1) The Legislative Council shall convene at a place and time designated by the President Pro Tempore of the Senate in written notice given to each member to select a chair and vice chair from the membership.
The Legislative Council shall meet thereafter at the request of the chair or as its members shall determine, in both cases upon written notice to each member of the council.
If the chair declines to call a meeting or is unable to call a meeting, the Speaker of the House, the President Pro Tempore of the Senate, or a majority of the council may call a meeting of the council.
(2) The House Legislative Council shall convene at a time and place designated by the Speaker of the House in written notice given to each member of the House Legislative Council to select a chair and vice chair of the House Legislative Council.
The councilHouse Legislative Council shall meet thereafter at the request of the chair or as its members shall determine, in both cases upon written notice to each member of the House Legislative Council.
If the chair declines to call a meeting or is unable to call a meeting, the Speaker of the House may call a meeting of the House Legislative Council.
(3) The Senate Legislative Council shall convene at a time and place designated by the President Pro Tempore of the Page 19 SB222 Enrolled 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.
The Senate Legislative Council shall meet thereafter at the request of the chair or as its members shall determine, in both cases upon written notice to each member of the Senate Legislative Council.
If the chair declines to call a meeting or is unable to call a meeting, the President Pro Tempore of the Senate may call a meeting of the Senate Legislative Council.
(c) Members of the Legislative Council, House Legislative Council, and Senate Legislative Council shall receive expenses for attendance of each meeting of the respective council as provided for in Amendment 871 to Section 49 of the Constitution of Alabama of 19012022.
The President of the Senate and Speaker of the House shall adopt such expense reimbursement regulations as are necessary to implement Amendment 871 Section 49 for operation of the councils.
(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 SB222 Enrolled other at the same time and members of the public may simultaneously listen to the meeting.
Participation by such means shall constitute presence in person at a meeting for all purposes.
(b) Any decision of the Legislative Council shall be by a majority vote of the council members from the Senate and a majority vote of the council members from the House of Representatives.
(c) All decisions of the Legislative Council, the House Legislative Council, or the Senate Legislative Council, except those involving hiring, discipline, or termination of employees, shall be reduced to writing and shall be published on the website of the Legislature.
(d) The Legislative Council, House Legislative Council, and Senate Legislative Council shall be subject to the Alabama Open Meetings Act, Chapter 25A, (commencing with Section 36-25A-1), Title 36, except that a meeting may be called with the same notice requirements as a meeting of a committee of the House or Senate under the rules of the House of Representatives or Senate.
(e) The Legislative Council, House Legislative Council, and Senate Legislative Council may make use of the employees of the Legislative Department, including employees of the respective houses, as needed in carrying out their respective functions.
(f) The Legislative Council shall conduct an orientation program for its members upon its formation and at the start of each quadrennium thereafter.
The orientation Page 21 SB222 Enrolled shall cover all of the duties and responsibilities of membership on the council.
The Legislative Council shall also provide an orientation to any member who serves on the council due to election or appointment within 60 days of the personindividual joining the council.
The Legislative Council shall utilize the Legislative Reference Service, Legislative Fiscal Office, and Alabama Law Institute to prepare materials for use at this orientationThe orientation shall be conducted by the Secretary of the Legislative Council." "§29-6-7 (a) In addition to the powers otherwise provided in this chapter, the Legislative Council shall:
(1) Approve budget requests,;
provide accounting services,;
make purchases,;
and provide mail distribution, property inventory, telephone service, electronic media services, recycling services, and building maintenance services for the Legislative Department, and all agencies and entities, respectively, therein.
(2) Allocate space in any building designated as the Alabama State House, including to the Senate and the House of Representatives;
and shall have the authority to contract with an appropriate party, including, but not limited to, the Retirement Systems of Alabama, to construct and maintain a building that, upon completion, would be designated as the Alabama State House.
In carrying out its responsibilities under this subdivision, the Legislative Council may charge and collect rent from any entity allocated space in the Alabama State House at a rate set by the council.
The council may Page 22 SB222 Enrolled establish a special fund in the State Treasury to receive funds from any source to maintain the State House property.
Funds in the special fund are continuously appropriated for the exclusive use of the Legislative Council, shall be maintained separately, and shall be in addition to any other funds appropriated to the Legislative Council.
Any unused funds collected by or appropriated to any entity for the maintenance of the State House property remaining at the close of the fiscal year in which they were collected or for which they were appropriated shall be transferred to the fund created pursuant to this subdivision.
(3) Maintain a website of legislative expenditures that includes, but is not limited to, the names, salaries, and expenses of the members, officers, and employees of the Legislative Department and any contracts entered into by the Legislative Council for the benefit of any entity or agency of the Legislative Department.
This requirement may be met through publication of the required information on a site that discloses this information on a statewide basis for other state government entities.
(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 SB222 Enrolled the Clerk of the House of Representatives, respectively.
(5) After consulting with the Secretary of the Senate and Clerk of the House, provide security for the Alabama State House, the Senate, the House of Representatives, and those portions of the State Capitol under the control of the Legislature, the House of Representatives, or the Senate;
provided, however, that security for the Senate and House chambers, their entrances, and galleries shall be under the absolute supervision and control of the Secretary and Clerk, respectively.
The Legislative Council shall also establish protocol for the cooperation between the persons providing security for the Legislature and such other law enforcement agencies as necessary.
(6) Reduce and contain the cost associated with the operation and maintenance of the Legislative Department to the fullest extent reasonably possible and practical.
In accomplishing the reduction, the Legislative Council, to the fullest extent possible, shall look for methods to save public funds and contain costs.
(7) Annually review the performance of the Director of the Legislative Services Agency.
(8) Employ a director of human resources who shall handle the human resources related functions for the Legislative Services Agency.
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 SB222 Enrolled benefits, and terms of employment, maintaining custody of records as requested, and providing consultation on employee discipline.
(b) In addition to the powers otherwise provided in this chapter, the Senate Legislative Council, upon the recommendation of the Director of Human Resources, shall establish the job classifications, salary schedules, and benefits for all employees of the President Pro Tempore of the Senate.
Notwithstanding the foregoing, there shall be a position of chief of staff who shall serve at the pleasure of the President Pro Tempore, under terms and conditions set by the President Pro Tempore;
provided further, persons who serve at the pleasure of the Senate Majority Leader and the Senate Minority Leader serve under terms and conditions set by the Senate Majority Leader and the Senate Minority Leader, respectively;
and provided further, persons employed under this sentence shall be paid from funds appropriated to the Office of the President Pro Tempore at a salary or other compensation approved by the President Pro Tempore.
(c) In addition to the powers otherwise provided in this chapter, the House Legislative Council, upon the recommendation of the Director of Human Resources, shall establish the job classifications, salary schedules, and benefits for all employees of the Speaker of the House.
Notwithstanding the foregoing, there shall be a position of chief of staff who shall serve at the pleasure of the Speaker, under terms and conditions set by the Speaker;
provided further, persons who serve at the pleasure of the House Page 25 SB222 Enrolled Majority Leader and the House Minority Leader serve under terms and conditions set by the House Majority Leader and the House Minority Leader, respectively;
and provided further, persons employed under this sentence shall be paid from funds appropriated to the Office of the Speaker at a salary or other compensation approved by the Speaker.
(d) The salary schedules, benefits, and terms of employment for all staff of the Legislative Department shall be as uniform as practical.
(e) Employees of the Legislative Services Agency, Speaker of the House, and President Pro Tempore of the Senate shall be under the direction and control of the Director of the Legislative Services Agency, Speaker of the House, and President Pro Tempore of the Senate, respectively.
(f) The Director of the Legislative Services Agency shall annually review the performance of each employee subject to his or her supervision and report thereon to the Legislative Council.
(g) The Legislative Council, after considering in a timely manner persons individuals recommended for hire by the Secretary of the Senate and Clerk of the House, shall hire joint employees of the Legislature.
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 SB222 Enrolled 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.
(b) The Legislative Committee on Public Accounts shall have 12 members.
Five members shall be elected by the House of Representatives from its membership and five members shall be elected by the Senate from its membership.
The President Pro Tempore of the Senate shall be a member of the committee and the chair of the committee.
The Speaker of the House of Representatives shall be a member of the committee and the vice-chair of the committee.
Beginning January 1, 2020, the President Pro Tempore of the Senate and the Speaker of the House shall alternate service as chair and vice-chair of the committee every two years.
Members of the committee shall be elected at the first regular organizational session of each quadrennium and shall hold office as long as they remain legislators and until their successors are elected.
(c) Vacancies shall be filled by the remaining members of the committee from members of the House of Representatives or the Senate, depending upon in which representation the vacancy occurs, until the next organizational, regular, or special session of the Legislature, at which time the vacancies shall be filled by the appropriate house." "§41-9-370 The Commission on Uniform State Laws is continued in Page 27 SB222 Enrolled existence as an advisory commission to the Legislature.
The commission consists of three members of the bar appointed by the Governor for a term of four years or until their successors are appointed, a member of the Senate appointed by the President of the Senate, a member of the House of Representatives appointed by the Speaker of the House, the Director of the Legislative Services Agency, and the Deputy Director of the Legislative Services Agency, LegalLaw Revision Division." "§41-9-374 (a) The Commission on Uniform State Laws shall annually present its budget dues requirement to the Legislative Council for approvalpayment.
(b) From funds appropriated for the commission, the commission shall:
(1) Reimburse Reimbursement of members of the commission for their necessary expenses in performing the duties of their offices, including travel for attending the meeting of the National Conference of Commissioners on Uniform State Laws, subject to the approval of the Legislative Council shall be the obligation of the body or agency the member represents or by the appointing authority in the case of individuals who are not public officials or public employees.
No reimbursement of expenses shall be made for life members who are no longer otherwise public officials or public employees.
(2) Pay the cost of printing the commission's reports.
(3) Pay the dues of this state to the National Page 28 SB222 Enrolled Conference of Commissioners on Uniform State Laws.
(c) The amount of expenses and dues shall be certified to the state Comptroller by the chair of the commission, and the state Comptroller shall draw warrants and the State Treasurer shall pay the warrants for these purposes from funds appropriated for the commission." Section 2.
Section 29-4-62 is added to the Code of Alabama 1975, to read as follows:
§29-4-62 (a) The Speaker of the House of Representatives, on the date of the general election at which members of the House of Representatives are elected to four-year terms, shall continue to serve as Speaker of the House of Representatives until elections for Speaker are held pursuant to Section 48.01 of the Constitution of Alabama of 2022.
(b) If a vacancy occurs in the office of the Speaker of the House of Representatives for any reason, the Speaker Pro Tempore of the House of Representatives shall assume the duties of the Speaker of the House of Representatives for the remainder of the term of office or until a successor Speaker is elected pursuant to Section 48.01 of the Constitution of Alabama of 2022.
Section 3.
Section 29-5A-24 of the Code of Alabama 1975, authorizing the Code Commissioner to prepare an official recompilation of the Constitution of Alabama of 1901, and Section 29-6-6, Code of Alabama 1975, relating to the duties of the Legislative Council in relation to the Legislative Reference Service, are repealed.
Page 29 SB222 Enrolled Section 4.
This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.
Page 30 ________________________________________________ President and Presiding Officer of the Senate ________________________________________________ Speaker of the House of Representatives SB222 Senate 09-May-23 I hereby certify that the within Act originated in and passed the Senate, as amended.
Patrick Harris, Secretary.
House of Representatives Amended and passed:
09-May-23 Senate concurred in House amendment 11-May-23 By:
Senator Senator Givhan Page 31