SB4

ENGROSSED

By Senators Dial and Holley

A BILL TO BE ENTITLED AN ACT

Relating to the Legislature; to create the Legislative Services Agency to provide certain staff services to the Legislature; to reconstitute the Legislative Reference Service, Legislative Fiscal Office, and the Alabama Law Institute as divisions of the agency; to provide for additional authority for the Legislative Council with regard to legislative operations; to add additional provisions relating to the provision of services by legislative staff; to make related and conforming changes; to add Chapter 5A (commencing with Section 29-5A-1) and Sections 29-6-7.1 and 29-6-7.2 to, to amend Sections 29-6-5, 29-6-7, and 41-9-370 of, and to repeal Chapter 5 (commencing with Section 29-5-1), Chapter 7 (commencing with Section 29-7-1), and Chapter 8 (commencing with Section 29-8-1) of Title 29 of, the Code of Alabama 1975.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. Chapter 5A (commencing with Section 29-5A-1) is added to Title 29 of the Code of Alabama 1975, to read as follows:

Chapter 5A. Legislative Services Agency.

Article 1. Legislative Services Agency.

§29-5A-1.

(a) There is hereby created the Legislative Services Agency which shall be under the supervision, direction, and control of the Director of Legislative Services. The director shall be appointed by the Legislative Council and shall receive the compensation and benefits established by the council, payable as the compensation of other state employees.

(b) The director shall serve as Code Commissioner for the Code of Alabama. As Code Commissioner, the director, when approved and directed by the Legislative Council, shall enter into a printing contract on behalf of the State of Alabama to publish the official code of the statutes of Alabama. If the director is not a licensed attorney, the Deputy Director of Legislative Services, Legal, shall serve as Code Commissioner.

(c) The agency succeeds to and is vested with all of the functions of the Legislative Reference Service, the Legislative Fiscal Office, and the Alabama Law Institute. A reference in any law to the Legislative Reference Service, Legislative Fiscal Office, or the Alabama Law Institute shall be deemed a reference to the agency.

(d) On October 1, 2017, all papers, books, materials, furnishings, funds, personnel, and property of the Legislative Reference Service, Legislative Fiscal Office, and the Alabama Law Institute shall be transferred to the agency.

§29-5A-2.

The agency shall consist of three divisions as follows:

(1) The Legal Division, which shall be headed by the Deputy Director of Legislative Services, Legal. The deputy director, legal, shall be a licensed attorney appointed by and serve at the pleasure of the director and shall receive the compensation determined by the director. Except as otherwise provided in this chapter, the Legal Division succeeds to and is vested with all the powers of, and the duties previously performed by, the Legislative Reference Service. The Director of Legislative Services shall have all powers necessary to perform the functions of the Legal Division. The director may delegate all or a portion of the power to the deputy director, legal.

(2) The Fiscal Division, which shall be headed by a Deputy Director of Legislative Services, Fiscal. The deputy director, fiscal, shall be appointed by and serve at the pleasure of the director and shall receive the compensation determined by the director. Except as otherwise provided in this chapter, the Fiscal Division succeeds to and is vested with all the powers of, and the duties previously performed by, the Legislative Fiscal Office. The Director of Legislative Services shall have all powers necessary to perform the functions of the Fiscal Division. The director may delegate all or a portion of the power to the deputy director, fiscal.

(3) The Law Revision Division, which shall be headed by the Deputy Director of Legislative Services, Law Revision. The deputy director, law revision, shall be a licensed attorney who, after consultation with the Alabama Law Institute Council, shall be appointed by and shall serve at the pleasure of the director and shall receive the compensation determined by the director. Except as otherwise provided in this chapter, the Law Revision Division succeeds to and is vested with all the powers of, and the duties previously performed by, the Alabama Law Institute. The Director of Legislative Services shall have all powers necessary to perform the functions of the Law Revision Division. The director may delegate all or a portion of the power to the deputy director, law revision.

§29-5A-3.

(a) The Director of Legislative Services, without regard to the State Merit System Law, may hire staff members and clerical help to effectuate the purposes of this chapter.

(b) The compensation due to the officers and employees employed under this section shall be certified by the director to the Comptroller, who shall issue his or her warrant therefor.

Article 2. Legal Division.

§29-5A-20.

The Legal Division shall be under the supervision, direction, and control of the Director of Legislative Services.

§29-5A-21.

(a) The Legal Division shall have all of the following duties:

(1) To respond to questions concerning the organization and administration of state government or the operation of constitutional or statutory law.

(2) To render assistance in the drafting of bills and amendments to bills.

(3) To make studies and reports on problems of state and local government in Alabama, either upon request or on his or her own initiative.

(4) To conduct a continuous analysis of the scope, effect, and methods of federal, state, and local government operations in Alabama and make those recommendations to the Legislative Council as appropriate.

(5) To prepare, under the direction of the Code Commissioner, a compilation or code of the statutes of Alabama.

(6) To determine, subject to the approval of the Code Commissioner, the content of the code and any supplements thereto and to prepare an annual codification bill to adopt changes to the code enacted at prior sessions of the Legislature.

(b) Requests for assistance under subdivisions (1) and (3) of subsection (a) shall be prepared only for a member of the Legislature or the Lieutenant Governor, or a person authorized by a member of the Legislature or by the Lieutenant Governor. Requests for assistance under subdivision (2) of subsection (a) shall be prepared only for a member of the Legislature, the Lieutenant Governor, or the Governor, or a person authorized by a member of the Legislature, by the Lieutenant Governor, or by the Governor. The Legal Division may respond to other requests for assistance, including, but not limited to, requests from other state governments, as the Director of Legislative Services determines to be in the best interests of the state.

(c) In order that the purposes of this article shall be best served, each department and agency of the State of Alabama government shall furnish to the Legal Division copies of all monthly, quarterly, annual, biennial, quadrennial, and other regular reports which it is required by law to prepare for other agents or officials of the state government and copies of all printed publications that it issues. Each department or agency of the State of Alabama government shall comply with requests for supplementary reports made by the Legal Division and approved by the Legislative Council. Each department and agency of the State of Alabama government shall make its internal records available to the Legal Division upon request.

§29-5A-22.

(a) In compiling the contents of the code and any cumulative supplement and replacement volume to the code, the Legal Division and the Code 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 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.

(b)(1) Upon the adoption and incorporation of the annual cumulative supplement and each replacement volume into the Code of Alabama by statute, that supplement or replacement volume shall be considered as part of the entire Code of Alabama 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 1901. Such a statute is a law that adopts a code for the purposes of Section 45 of the Constitution of Alabama of 1901.

(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-23.

(a) Whenever any provision of this code contains a preprinted form that contains language which indicates the year of application or execution as "19__," the language shall be deemed to mean either a year beginning with the numbers 19 or 2 as the case may be.

(b) The Legal Division, when and as deemed appropriate, shall implement editorial changes to such language to conform the preprinted form to the applicable date.

§29-5A-24.

(a) The Code Commissioner, with the assistance of the Legal Division, shall prepare an official recompilation of the Constitution of Alabama of 1901, as amended. This official recompilation may not make any substantive change to any existing operative constitutional provision.

(b) The official recompilation shall include all of the following:

(1) The removal of all expressly repealed sections or amendments, or portions thereof.

(2) The insertion of expressly identified amendatory language contained in a particular constitutional amendment into the identified location and the deletion of the language being amended and replaced and the retention of the original article and section number or amendment number.

(3) The relocation of various constitutional amendments applicable to the entire state in the appropriate article of the constitution based upon a logical sequence and the particular subject or topic.

(4) The grouping of various constitutional amendments applicable to the entire state in the same location in the document based upon a logical sequence and the particular subject or topic.

(5) The grouping of local constitutional amendments in the same location in the document based upon a particular subject or topic or by county.

(6) The elimination of constitutional provisions or amendments, including portions of such provisions or amendments, that have lapsed or have been invalidated, directly or indirectly, by decision of a court of last resort.

(7) The inclusion, after the text of a relocated provision, of the official constitutional amendment number assigned to that provision at the time of ratification.

(8) Other editorial changes necessary to accurately reflect the current status of the constitution in a logical manner.

(c) The Code Commissioner, upon completion, shall instruct the official Code Publisher to publish the official recompilation.

(d) The recompiled constitution published under this section shall be known as and cited as the Official Recompilation of the Constitution of Alabama of 1901, as amended.

(e) In the event of a conflict between the official recompilation published under this section and the Constitution of Alabama of 1901, or any amendments to the Constitution of Alabama of 1901, the Constitution of Alabama of 1901, or the amendments thereto, or both, shall prevail over the official recompilation.

§29-5A-25.

(a) The Legislature recognizes that language used in reference to individuals with disabilities shapes and reflects society's attitudes towards people with disabilities. Many of the terms currently used diminish the humanity and natural condition of having a disability. Certain terms are demeaning and create an invisible barrier to inclusion as equal community members. The Legislature finds it necessary to clarify preferred language for new and revised laws by requiring the use of terminology that puts the person before the disability.

(b) The Legal Division is directed to avoid all references to: Disabled, developmentally disabled, mentally disabled, mentally ill, mentally retarded, handicapped, cripple, crippled, deaf-mute, deaf-dumb, dumb, and mute in any new statute or resolution and to change such references when appropriate in any existing statute or resolution as sections and provisions including these references are otherwise amended by law.

(c) The Legal Division is directed to replace terms referenced in subsection (b) in the Code of Alabama 1975, when such replacement is appropriate with the following revised terminology: Individuals with disabilities, individuals with developmental disabilities, and individuals who are deaf or hard of hearing.

(d)(1) No statute or resolution is invalid because the statute or resolution is not in compliance with this section.

(2) No statute or resolution is invalid because of a change in terminology implemented by the Legal Division under this section.

(e) Changes in terminology shall not be made by the Legal Division if such change may legally impair the statute or its implementation or interpretation.

(f)(1) All action of an administrative agency creating new rules or amending existing rules shall be formulated in accordance with this section.

(2) No agency rule is invalid because the rule is not in compliance with this section.

§29-5A-26.

The Legal Division shall change all references to the Department of Mental Health and Mental Retardation in Title 22, and elsewhere as found in this code, to the Department of Mental Health. Code changes shall be made at a time determined appropriate by the division.

§29-5A-27.

The Legal Division shall review Titles 11 and 40 and shall substitute "Alabama Tax Tribunal" for any reference to the Administrative Law Division of the Department of Revenue and shall make any other similar amendments consistent herewith.

§29-5A-28.

The Legal Division shall conform references in the Code of Alabama 1975, to the offices, departments, divisions, and other entities included in Chapter 29 of Title 41 of the Code of Alabama 1975, to reflect the changes made by that chapter. Code changes, including amending and renumbering existing code sections to be part of Chapter 29 to make conforming changes required to conform to the substantive changes made in Act 2015-450, shall be made at a time determined to be appropriate by the division.

Article 3. Fiscal Division.

§29-5A-40.

The Fiscal Division shall be under the supervision, direction, and control of the Director of Legislative Services.

§29-5A-41.

The various departments, agencies, institutions, and establishments of the executive branch of government and the regulatory agencies and commissions of the state shall furnish the Fiscal Division any available material which the division determines to be necessary in the performance of the duties and functions of the division. The division upon agreement with the head of any department, agency, establishment, or regulatory agency or commission, may utilize its services, facilities, and personnel, with or without reimbursement; and the head of each department, agency, establishment, institution, or regulatory agency or commission may provide the services, facilities, and personnel to the division.

§29-5A-42.

In carrying out the duties and functions of the Fiscal Division and for the purposes of coordinating the operations of the division with those of other legislative agencies with a view to utilizing most effectively the information, services, and capabilities of all such agencies in carrying out the various responsibilities assigned to each, the division, may obtain information, data, estimates, and statistics developed by the Examiners of Public Accounts and, upon agreement, utilize the services, facilities, and personnel of the Examiners of Public Accounts, with or without reimbursement.

§29-5A-43.

It shall be the duty and function of the Fiscal Division to provide to the Committees on Ways and Means of the House and to the Committees on Finance and Taxation of the Senate information that will assist the committees in the discharge of all matters within their jurisdictions, including:

(1) Information with respect to the budget, appropriation bills, and other bills authorizing or providing budget authority or tax expenditures.

(2) Information with respect to revenues, receipts, estimated future revenues and receipts, and changing revenue conditions.

(3) Such related information as the committees may request.

§29-5A-44.

At the request of any other committee of the House of Representatives or the Senate, any joint committee of the Legislature, or any member of the House or Senate, the Fiscal Division shall provide to such committee, or joint committee, or member any information compiled in carrying out subdivisions (1) and (2) of Section 29-5A-43 and, to the extent practicable, such additional information related to the foregoing as may be requested.

§29-5A-45.

(a) Every general bill creating, eliminating, or affecting in any way a state or local program, service, function, or revenue source and which thereby requires the expenditure of county or municipal funds or thereby decreases or increases revenue collections by any county or municipality, before any vote is taken thereon in the Senate or House of Representatives, shall have endorsed thereon or attached thereto an estimate made by the Fiscal Division of the amount of money involved therein, and the anticipated increase in county or municipal spending or the decrease in county or municipal revenue collections under the bill. In the event that insufficient data is available to formulate an estimate of the amount of money involved therein, the division shall note that fact on such endorsement or attachment which shall constitute compliance herewith.

(b) A fiscal note provided under this section shall be endorsed on the bill or attached thereto and may be printed on the calendar of bills on third reading immediately following the title of the bill.

(c) The Fiscal Division is authorized to secure information, data, estimates, and statistics directly from the employees and officials of the various departments, agencies, institutions, establishments, boards, and commissions of the county and municipal governments of the state which are necessary for the division to fulfill the duties and functions imposed by this section. The employees and officials of all departments, agencies, institutions, establishments, boards, and commissions shall furnish the division, any available material which the division determines to be necessary in the performance of the duties and functions required by this section.

§29-5A-46.

(a) The Fiscal Division shall prepare and submit an annual report 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 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 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 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.

(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. 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.

Article 4. Law Revision Division.

§29-5A-60.

The Law Revision Division shall be under the supervision, direction, and control of the Director of Legislative Services. The Law Revision Division shall continue to be known as the Alabama Law Institute for purposes of conducting its public activities.

§29-5A-61.

The general purposes of the Law Revision Division shall be to promote and encourage the clarification and simplification of the law of Alabama to secure the better administration of justice and to carry on scholarly legal research and scientific legal work. To that end it shall be the duty of the division to do all of the following:

(1) Consider needed improvements in both substantive and adjective law and to make recommendations concerning the same to the chairs and members of the House Judiciary Committee and the Senate Judiciary Committee.

(2) Examine and study the law of Alabama and Alabama jurisprudence and statutes with a view of discovering defects and inequities and of recommending needed reforms.

(3) Receive and consider suggestions from members of the Legislature and the public generally as to defects and anachronisms in the law.

(4) Recommend such changes in the law as it deems necessary to modify or eliminate antiquated and inequitable rules of law and to bring the law of the state, both civil and criminal, into harmony with legal conditions and opinions.

(5) Render annual reports to the Legislature through the president of the council and, if it deems so advisable, accompany its reports with proposed bills to carry out any of its recommendations.

(6) Recommend the repeal of obsolete statutes and suggest needed amendments, additions, and repeals.

(7) Organize and conduct meetings as needed within the state for scholarly discussions of current problems in Alabama law, bringing together representatives of the Legislature, practicing attorneys, members of the bench and bar, and representatives of the law teaching profession and periodically conduct training and continuing education programs for public officials, including providing educational material.

(8) Advise the Code Commissioner on the performance of the duties imposed on the Code Commissioner by Article 2.

(9) In cooperation with the Legislative Council, establish and facilitate a legislative intern program.

§29-5A-62.

The Law Revision Division, in submitting reports to the Legislature through the President of the Alabama Law Institute Council, shall act solely in an advisory capacity.

§29-5A-63.

(a) The Director of Legislative Services may establish a special fund in the State Treasury to receive direct grants or contributions or fees from municipal, county, state, federal, or charitable sources, or any other sources, to conduct studies, educate public officials, and carry on the duties of the division. The funds in the special fund are continuously appropriated for the exclusive use of the division, shall be maintained separately, and shall be in addition to any other funds appropriated to the division.

(b) This fund may be used to pay the actual expenses of conducting the education functions of the Law Revision Division including the provision of food and non-alcoholic beverages usual and customary for like events and the actual and necessary expenses for participants and faculty of programs sponsored by the division as approved by the Director of Legislative Services.

(c) The Director of Legislative Services shall provide a public report of all funds received pursuant to this section. The public report shall be made on the website of the Legislative Services Agency, provided that this requirement may be met by providing a link to a site that discloses this information on a statewide basis for other state governmental entities.

§29-5A-64.

(a) The Governing Council of the Alabama Law Institute Council is continued in existence as the Alabama Law Institute Council.

(b) The council shall be composed of ex officio, appointed, and elected members, as follows:

(1) One Justice of the Supreme Court of Alabama, selected by the Justices thereof.

(2) One circuit court judge, selected by the Association of Circuit Court Judges.

(3) The Attorney General of the State of Alabama, or his or her designee.

(4) The legal advisor to the Governor of Alabama, or his or her designee.

(5) The Chairs of the Judiciary Committees of the Senate and House of Representatives.

(6) The President of the Alabama State Bar.

(7) The Secretary of the Alabama State Bar.

(8) The chair of the junior bar section of the Alabama State Bar.

(9) The attorney members of the Legislative Council of Alabama.

(10) Not less than three nor more than six attorney members appointed by the Governor of Alabama.

(11) The Code Commissioner.

(12) The Speaker of the House, or his or her designee.

(13) The President Pro Tempore of the Senate, or his or her designee.

(14) Two members who shall be elected from the members of the faculty of the University of Alabama School of Law, two members elected from the members of the faculty of the Cumberland Law School of Samford University, two members elected from the members of the faculty of the Thomas Goode Jones School of Law at Faulkner University, and six practicing attorneys elected from each congressional district in the state.

(c) The ex officio members shall hold their positions during their respective terms of office. The terms of office of the elected members of the governing council shall be four years. Elected members of the governing council shall be eligible for reelection.

(d) Vacancies in the elected membership created by death, resignation, or other than by the expiration of the terms of office shall be filled by the council under such rules as it may adopt. Vacancies occurring through the expiration of terms of office shall be filled by election by the council under such rules as it may adopt.

(e) Members of the Governing Council of the Alabama Law Institute serving on September 30, 2017, shall continue as members of the Alabama Law Institute Council.

(f) The members of the Alabama Law Institute Council shall serve without any compensation for services as such. The division may pay honoraria to members of the State Bar who perform professional services for the division.

(g) The Alabama Law Institute Council shall advise the Director of Legislative Services on the work of the division and shall adopt a plan or plans to encourage and invite the cooperation of all members of the legal profession in the work of the division.

(h) The appointing authorities shall coordinate their appointments to assure the council membership is inclusive and reflects the racial, gender, geographic, urban, rural, and economic diversity of the state.Section 2. Sections 29-6-5 and 29-6-7 of the Code of Alabama 1975, are amended to read as follows:

§29-6-5.

"The Director of the Legislative Reference Service Services shall serve as Secretary of the Legislative Council without salary other than his compensation as Director of the Legislative Reference Service Services.

§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 the Alabama State House, including to the Senate and the House of Representatives. 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 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 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 Directors Director of the Legislative Reference Service Services, Legislative Fiscal Office, and Alabama Law Institute.

"(8) Employ a director of human resources who shall handle the human resources related functions for the Legislative Reference Service Services Agency, Legislative Fiscal Office, and Alabama Law Institute. 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, benefits, and terms of employment, maintaining custody of records as requested, and providing consultation on employee discipline.

"(9) Establish, upon the recommendation of the Director of Human Resources, in consultation with the Directors of the Legislative Reference Service, Legislative Fiscal Office, and Alabama Law Institute, respectively, the job classifications, salary schedules, benefits, and terms of employment for employees of the Legislative Reference Service, Legislative Fiscal Office, and Alabama Law Institute.

"(b) In addition to the powers otherwise provided in this chapter, the Senate Legislative Council shall, upon the recommendation of the Director of Human Resources, 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 shall, upon the recommendation of the Director of Human Resources, 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 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 Reference Service, Legislative Fiscal Office, Alabama Law Institute 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 Reference Service, Director of the Legislative Fiscal Office, Director of the Alabama Law Institute Services Agency, Speaker of the House, and President Pro Tempore of the Senate, respectively.

"(f) The Directors Director of the Legislative Reference Service, Legislative Fiscal Office, and Alabama Law Institute Services Agency shall annually review the performance of each employee subject to his or her supervision and report thereon to the Legislative Council.

"(g) Recommendations for hiring of the Director of the Alabama Law Institute shall be made by the Institute Council to the Legislative Council, which shall have final hiring authority for the director.

"(h) The Directors of the Legislative Reference Service, Legislative Fiscal Office, and Alabama Law Institute shall receive a salary in amounts provided by the Legislative Council.

"(i) (g) The Legislative Council, after considering in a timely manner persons 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 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, and providing consultation on employee discipline."

Section 3. Sections 29-6-7.1 and 29-6-7.2 are added to the Code of Alabama 1975, to read as follows:

§29-6-7.1.

(a) The Legislature hereby finds and declares the following:

(1) Section 56 of the Constitution of Alabama of 1901, now appearing as Section 56 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, contains a speech or debate clause virtually identical to Section 6 of Article I of the Constitution of the United States, the federal speech and debate clause.

(2) In the case of Gravel v. United States, 408 U.S. 606, the Supreme Court of the United States held the speech and debate clause in the Constitution of the United States makes the communications between members of the Congress and their staff privileged and confidential.

(3) The Supreme Court explained its reasoning as follows:

"[T]he day-to-day work of [legislative] aides is so critical to the Members' performance that they must be treated as the latter's alter ego; and that if they are not so recognized, the central role of the Speech and Debate Clause-to prevent intimidation of legislators by the Executive and accountability before a possibly hostile judiciary-will inevitably be diminished and frustrated."

(4) The Legislature intends by this section to apply the holding of the Gravel case to the Legislature of Alabama.

(b) For the purposes of this section, the following terms shall have the following meanings:

(1) CLIENT. A member of the Legislature, the Lieutenant Governor, Governor, and any individual to whom the Director of Legislative Services determines the provision of services by the agency is in the best interests of the state.

(2) CLIENT'S AGENT. An individual authorized by a client to act as an agent of the client with legislative staff.

(3) COMMUNICATION. The sharing of information, opinions, advice, or knowledge with another. The term includes a communication in any form and in any draft, memoranda, or other work product related to or resulting from the communication.

(4) LEGISLATIVE STAFF. An officer, employee, or contractor of the Alabama Senate, Alabama House of Representatives, Office the President Pro Tempore, Office of the Speaker of the House, Legislative Services Agency, and Examiners of Public Accounts.

(c) A communication regarding legislation, potential legislation, the legislative process, or legislative activity between legislative staff and a client or a client's agent is privileged and confidential.

(d) A legislative staff member may not disclose the content of a communication or the fact that a communication occurred unless the privilege under subsection (c) is waived expressly by the client to whom the communication was made or, with respect to a communication made to a client's agent, the client on whose behalf the communication occurred.

(e) The introduction or public discussion of a bill by a client does not waive the privilege under subsection (c) with respect to any communication related to the bill.

(f) The advertising of a local bill by synopsis or in a form less than in its entirety is not, in and of itself, a waiver of the privilege under subsection (c).

§29-6-7.2.

(a) For the purposes of this section, the following terms shall have the following meanings:

(1) BUDGET PROCESS. The entire process by which funds are appropriated and expended, including, but not limited to, revenue estimating, legislative budget hearings, appropriations, allotment, and expenditure of funds.

(2) JOINT LEGISLATIVE OPERATIONS. Those activities, responsibilities, and procedures of the Legislature as an institution of government including, but not limited to, activities, responsibilities, and procedures involving the enactment and codification of legislation, the process by which administrative regulations are adopted, relations with the other branches of government, and internal operations of the Legislature as a whole including, but not limited to, joint rules, legislative compensation, and joint activities of the two houses. The term does not include activities, responsibilities, or procedures involving only one house of the Legislature, such as matters relating to the rules, liabilities, or employees of the particular house.

(3) REVENUE SOURCES. Any receipt of funds by the state, including, but not limited to, tax receipts, fee receipts, transfers, interest income, transfers between state agencies or funds, or gifts or grants from other instrumentalities.

(b) In addition to the reporting requirement in Section 36-15-21.1, whenever litigation required to be reported under Section 36-15-21.1 concerns joint legislative operations, the budget process, or any revenue source, the state official who is a party to the litigation shall promptly notify the Chair of the Legislative Council and the Director of Legislative Services.Section 4. Section 41-9-370 of the Code of Alabama 1975, is amended to read as follows:

§41-9-370.

"The Commission on Uniform State Laws is continued in 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 Alabama Law Institute Legislative Services, and the Deputy Director of the Legislative Reference Service Services, Legal."

Section 5. (a) The Director of the Alabama Law Institute may establish a special fund in the State Treasury to receive direct grants or contributions or fees from municipal, county, state, federal, or charitable sources, or any other sources, to conduct studies, educate public officials, and carry on the duties of the institute. The funds in the special fund are continuously appropriated for the exclusive use of the institute, shall be maintained separately, and shall be in addition to any other funds appropriated to the institute.

(b) The fund may be used to pay the actual expenses of conducting the education functions of the institute, including the provision of food and non-alcoholic beverages usual and customary for like events and the actual and necessary expenses for participants and faculty of programs sponsored by the division as approved by the director.

(c) The director shall provide a public report of all funds received pursuant to this section. The public report shall be published on the website of the institute, provided that this requirement may be met by providing a link to a site that discloses this information on a statewide basis for other state governmental entities.

(d) This section is declaratory of and does not make a change in the pre-existing law.

Section 6. All laws or parts of laws that conflict with this act are repealed. Chapter 5 (commencing with Section 29-5-1), Chapter 7 (commencing with Section 29-7-1), and Chapter 8 (commencing with Section 29-8-1) of Title 29 of, the Code of Alabama 1975, are expressly repealed. Notwithstanding the foregoing, this act shall not affect any compensation or benefits of any employee which have accrued but have not been paid prior to the effective date of this act.

Section 7. Section 5 of this act shall become effective immediately on the passage of the act and its approval by the Governor or otherwise becoming law. The remainder of this act shall become effective on October 1, 2017, at which time Section 5 of this act is repealed.

Legislative Reference Service

Legislative Fiscal Office

Alabama Law Institute

Code Amended

Code Repealed

Code Added