HB403 By Representative Poole RFD Judiciary Rd 1 05-MAR-20

SYNOPSIS: This bill would propose an amendment to the Constitution of Alabama of 1901, to establish the Alabama Court Cost Commission and provide for its membership.

This proposed amendment would require the commission to review all existing laws providing for the imposition of a court cost to determine if the court cost is reasonably related to the court system and if the amount imposed is reasonably related to the amount expended in adjudicating the matter in question.

This proposed amendment would require the commission to provide a recommendation to the Legislature as to whether existing laws providing for a court cost or the distribution of a court cost should be amended, repealed, or left unchanged.

This proposed amendment would also prohibit the introduction of legislation to propose a new or modify an existing court cost unless first submitted to the commission for review.

A BILL TO BE ENTITLED AN ACT

Relating to courts; to propose an amendment to the Constitution of Alabama of 1901, to establish the Alabama Court Cost Commission and provide for its membership; to require the commission to review all existing laws providing for the imposition of a court cost to determine if the court cost is reasonably related to the court system and if the amount imposed is reasonably related to the amount expended in adjudicating the matter in question; to require the commission to provide a recommendation to the Legislature as to whether existing laws providing for a court cost or the distribution of a court cost should be amended, repealed, or left unchanged; and prohibit the introduction of legislation to propose a new or modify an existing court cost unless first submitted to the commission for review.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. The following amendment to the Constitution of Alabama of 1901, as amended, is proposed and shall become valid as a part thereof when approved by a majority of the qualified electors voting thereon and in accordance with Sections 284, 285, and 287 of the Constitution of Alabama of 1901, as amended:

PROPOSED AMENDMENT

Section 1. As used in this amendment, the term "court cost" means money charged by a court to parties in a case, including, but not limited to, civil, criminal, juvenile, or traffic cases, as required by law in connection with the filing, processing, or other action of the court in the administration of that case. The term does not include costs in probate court cases, court-imposed restitution, or punitive fines established by law for the violation of a criminal law.

Section 2. (a) The Alabama Court Cost Commission is established. The membership of the commission shall consist of all of the following:

(1) One member of the House Judiciary Committee, appointed by the Speaker of the House of Representatives.

(2) One member of the Senate Judiciary Committee, appointed by the President Pro Tempore of the Senate.

(3) The Chief Justice of the Supreme Court, or another justice of that court appointed by the Chief Justice.

(4) The Administrative Director of Courts, or a representative from the Administrative Office of Courts appointed by the director.

(5) One circuit judge of the state, appointed by the Circuit Judges Association.

(6) One district judge of the state, appointed by the District Judges Association.

(7) One municipal judge of the state, appointed by the Municipal Judges Association section of the Alabama League of Municipalities.

(8) One circuit clerk of the state, appointed by the Circuit Clerks Association.

(9) One member in good standing of the Alabama State Bar, appointed by that body.

(b) The appointing authorities shall make every effort to coordinate their appointments to assure commission membership is inclusive and reflects the racial, gender, geographic, urban, rural, and economic diversity of the state without regard to political affiliation.

(c) The chair of the commission shall be the Chief Justice of the Supreme Court of Alabama, or his or her appointee from that court. The commission shall elect a vice-chair and a secretary from among its members.

(d)(1) Each legislative member of the commission shall be entitled to his or her legislative compensation, per diem, and travel expenses for each day the member attends a meeting in accordance with Amendment 871 of the Constitution of Alabama of 1901, now appearing as Section 49.01 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.

(2) Members of the commission shall be entitled to reimbursement for their actual and necessary expenses, including travel, lodging, and meals, while traveling on official business of the commission or attending its meetings.

(e) The Legislative Services Agency shall provide assistance to the commission as the commission requests.

(f) The chair of the commission may apply for grants and other assistance from any public or private entity and may take any necessary steps to secure grants or other assistance.

Section 3. (a) The Alabama Court Cost Commission shall review each existing law providing for the imposition of a court cost or the manner in which those costs are distributed or earmarked to determine if the court cost is reasonably related to the court system and if the amount imposed is reasonably related to the amount expended in adjudicating the matter in question, including costs associated with operating the courthouse and providing security, law enforcement, or incarceration. The review of each law shall include a recommendation to the Legislature as to whether the law providing for the imposition of the court cost or the manner in which it is distributed or earmarked should be amended, repealed, or left unchanged.

(b) Proposed legislation providing for a new court cost or amending an existing court cost may not be introduced unless the proposed legislation is submitted in writing to the Alabama Court Cost Commission, the Clerk of the House of Representatives, and the Secretary of the Senate no later than 30 calendar days prior to the first day of the legislative session at which the proposed legislation is to be introduced.

(c) The Alabama Court Cost Commission shall review proposed legislation submitted under subsection (b) to make a recommendation to the Legislature as to whether the court cost is reasonably related to the operation of the courts or the court system and whether the amount of the proposed court cost is proportionate to the amount expended in adjudicating the matter in question, including costs associated with operating the courthouse and providing security, law enforcement, or incarceration. The commission shall submit a report on the findings of the commission to the Clerk of the House and the Secretary of the Senate not later than the third legislative day of the legislative session.

Section 2. An election upon the proposed amendment shall be held in accordance with Sections 284 and 285 of the Constitution of Alabama of 1901, now appearing as Sections 284 and 285 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, and the election laws of this state.

Section 3. The appropriate election official shall assign a ballot number for the proposed constitutional amendment on the election ballot and shall set forth the following description of the substance or subject matter of the proposed constitutional amendment:

"Proposing an amendment to the Constitution of Alabama of 1901, establishing the Alabama Court Cost Commission and providing for its membership; requiring the commission to review all existing laws providing for the imposition of a court cost to determine if the court cost is reasonably related to the court system and if the amount imposed is reasonably related to the amount expended in adjudicating the matter in question; requiring the commission to provide a recommendation to the Legislature as to whether existing laws providing for a court cost should be amended, repealed, or left unchanged; and prohibiting the introduction of legislation to propose a new or modify an existing court cost unless first submitted to the commission for review.

"Proposed by Act ________."

This description shall be followed by the following language:

"Yes ( ) No ( )."

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