HB211

ENROLLED, An Act,

Relating to the Legislative Department, to reconstitute the Legislative Council and create the Senate Legislative Council and the House Legislative Council; to transfer to the councils functions from the House Legislative Council, the entity consisting of the Senate members elected to the Legislative Council, the Joint Fiscal Committee, and the Legislative Building Authority, and abolish those entities; to assign additional administrative functions to the council; to delete a provision for an automatic appropriation to the Legislature; to revise the procedure for the appointment and tenure of the Secretary of the Senate and Clerk of the House; to specify the Alabama Law Institute is part of the Legislative Department, revise the membership of the governing council of the institute, and grant additional authority to the council and the president and director of the institute; to restructure the Commission on Uniform State Laws; to provide for the continuation of the office of the President Pro Tempore of the Senate; and to amend Sections 29-2-52, 29-2-200, 29-2-201, 29-4-20, 29-4-22, 29-4-25, 29-4-30, 29-4-32, 29-4-35, 29-4-40, 29-4-42, 29-5-2, 29-5-3, 29-5-4, 29-5-13, 29-6-1, 29-6-2, 29-6-3, 29-6-4, 29-6-7, 29-7-4, 29-8-1, 29-8-2, 29-8-3, 29-8-4, 29-8-5, 41-9-370, 41-9-374, 41-19-3, and 41-19-3.1 of, and to repeal Sections 29-1-22, 29-4-41, and 29-7-5 of, the Code of Alabama 1975.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Sections 29-1-10, 29-2-52, 29-2-200, 29-2-201, 29-4-20, 29-4-22, 29-4-25, 29-4-30, 29-4-32, 29-4-35, 29-4-40, 29-4-42, 29-5-2, 29-5-3, 29-5-4, 29-5-13, 29-6-1, 29-6-2, 29-6-3, 29-6-4, and 29-6-7 of Code of Alabama 1975, are amended to read as follow:

§29-1-10.

"(a) There shall be appropriated out of from the General Fund to the Treasury of the State of Alabama to the Legislature the sum of $100,000 one hundred thousand dollars ($100,000), or so much thereof as may be necessary, for the expenses of the Legislature in its 10-day or organization organizational session and for the expense of such legislative interim committees as may be created by said the Legislature.

"(b) There shall be appropriated from the General Fund to the Legislature funds sufficient for the additional expenses incurred and payable to the members of the Legislature and for the operations of the Legislature during any special session called by the Governor, as certified by the Legislative Council.

§29-2-52.

"(a) The committee shall make a continuous study of the reapportionment problems in Alabama seeking solutions thereto, and shall seek expertise, when deemed necessary, from among knowledgeable state officials and employees, academic personnel and others involved in demographic studies and other census matters.

"(b) The committee shall make such reports of its investigations, findings and recommendations to the Legislature at any time, during any regular or special session of the Legislature, as it may deem necessary.

"(c) The committee shall engage in such activities as it deems necessary for the preparation and formulation of a reapportionment plan for the next ensuing reapportionment and each reapportionment thereafter, and readjustment or alteration of Senate and House districts and of congressional districts of the state.

"(d) The committee, shall have authority to subject to the approval of the Legislative Council, may employ consultants, technicians, attorneys, and any other experts needed to prepare maps and make professional appearances to support any plan of reapportionment adopted by the Legislature. Such expenses of the committee shall be paid out of any funds appropriated by the Legislature for the use of the committee.

"(e) The committee is hereby authorized and empowered to may make and sign any agreements and to do and perform any acts that may be necessary, desirable, or proper to carry out the purposes and objectives of the provisions herein set forth.

"(f) The committee may complete any contract executed and conduct any business undertaken or commenced by the Legislature pertaining to or connected with the reapportionment and readjustment or alteration of Senate and House and congressional districts prior to the enactment of this article, and the same shall be completed and conducted in the same manner and under the same terms and conditions and with the same effect as if completed and conducted by the Legislature.

"(g) The committee may meet within and without the state, hold public hearings, and otherwise have all of the powers of a legislative committee under the legislative law.

"(h) The committee may request and receive from any court, department, division, board or bureau, commission, or agency of the state or any political subdivision thereof such assistance and data as will enable it to properly carry out its powers and duties hereunder.

§29-2-200.

"(a) The Legislative Council succeeds to the powers and duties of the Legislative Building Authority is created as a continuing permanent committee of the Legislature.

"(b) The authority shall consist of three members of the Senate appointed by the President Pro Tempore of the Senate and three members of the House of Representatives appointed by the Speaker of the House of Representatives.

"(c) The membership of the authority shall be inclusive and reflect the racial, gender, geographic, urban and rural, and economic diversity of the state.

"(d) Initial members of the authority shall be appointed after June 14, 2007. Thereafter members of the authority shall be appointed by the incoming President Pro Tempore of the Senate and the incoming Speaker of the House of Representatives after the election of such officers for each legislative term. Members shall serve a term concurrent with the legislative term of office.

"(e) Members of the authority may serve on the authority during the term in which appointed, and if reelected to the same house without a break in service to that house, during the succeeding legislative term until a successor on the authority is appointed.

"(f) Vacancies shall be filled by the appointing authority who appointed the vacating member for the remainder of the vacated term.

"(g) The initial meeting of the authority for each legislative term shall be called by either the President Pro Tempore of the Senate or the Speaker of the House of Representatives. The authority shall elect a chair and a vice chair at such initial meeting and adopt appropriate procedures.

"(h) Each member of the authority shall be entitled to his or her regular legislative compensation, his or her per diem, and travel expenses for each day he or she attends a meeting of the authority. Upon requisitions signed by the chair of the authority, these payments shall be paid out of any funds appropriated to the use of the Legislature by means of warrants drawn by the state Comptroller on the State Treasury. Notwithstanding the foregoing, no member shall receive additional legislative compensation or per diem when the Legislature is in session or if a member is being paid any other payments on the same dates for attendance on other state business.

"(i) (b) The powers and duties of the authority Legislative Council shall include all of the following:

"(1) Accept Accepting title to State House property.

"(2) Provide Except as otherwise provided by law, providing for the management and supervision, administration, improvement, equipping, operation, and maintenance of such State House property.

"(3) Take Taking any other action considered necessary by the authority Legislative Council to ensure sufficient space and facilities for the functions of the Legislative Department.

§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.

"(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 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.

§29-4-20.

"(a) The subordinate officers of the Senate consist of the Secretary of the Senate and an Assistant Secretary of the Senate. The Secretary of the Senate shall be a full-time employee, elected as provided by law, and compensated as provided in this chapter.

"(b) The Secretary of the Senate, after serving in that capacity for nine successive years, shall attain continuing service status and may be removed only for cause by a vote of a majority of the members elected to the Senate after 10 days' notice of the intention to vote thereon together with a written notice of the cause for such removal. The service herein provided shall begin on the date of the original election to such office, whether such original election occurred prior to May 1, 1973, or otherwise. The Secretary of the Senate, after attaining continuing service status, shall not participate in political activities such as are prohibited by the Merit System Act in Section 36-26-38.

"(c) The Assistant Secretary of the Senate shall serve only while the Legislature is in session. The Assistant Secretary of the Senate shall be elected by a majority vote of the Senate. The Assistant Secretary of the Senate shall be paid from funds appropriated to the Legislature an amount fixed by the Senate Legislative Council.

"(d) Nothing herein shall prohibit the Assistant Secretary of the Senate from being employed as a legislative employee when the Legislature is not in session, but in no event shall he or she be paid or receive compensation for more than one employment at any one time.

"(e) (d) The Secretary of the Senate may appoint an administrative assistant. The administrative assistant to the Secretary shall serve at the pleasure of the Secretary and shall be paid from funds appropriated to the Legislature an amount fixed by the Secretary Senate Legislative Council in accordance with that of comparable positions established under the State Merit System pay plan.

"(f) (e) The Secretary of the Senate may employ a chief clerk who shall be a full-time employee. The chief clerk shall serve at the pleasure of the Secretary of the Senate and shall be paid from funds appropriated to the Legislature an amount fixed by the Secretary Senate Legislative Council in accordance with that of comparable positions established under the State Merit System pay plan.

§29-4-22.

"(a) The Secretary of the Senate shall be elected at the beginning of the quadrennium, and receive an annual salary of such amount as has heretofore or as may hereafter be fixed by law, payable as the salaries of other state officers or employees are paid provided by the Senate Legislative Council.

"(b) The compensation of the Assistant Secretary of the Senate shall be fixed by the Secretary of the Senate. The Senate Legislative Council shall conduct an annual in person evaluation of the performance of the Secretary of the Senate and the Assistant Secretary of the Senate.

§29-4-25.

"(a) The elected members of the Legislative Council of the Senate of the State of Alabama shall regulate, with the advice of the Secretary of the Senate, the employees of the Senate, except pages, and fix the exact number and compensation of employees who may be employed by the Senate in each category of employment and the exact amount of each legislative employee classification compensation. Following their employment by the elected members of the Legislative Council of the Senate of the State of Alabama, all Senate employees shall be under the control and supervision of the Secretary of the Senate. The Senate Legislative Council, after considering in a timely manner persons recommended by the Secretary of the Senate, shall hire the employees of the Senate. Once hired, all Senate employees are at will employees and shall be under the control and supervision of the Secretary of the Senate. The Secretary of the Senate has the authority to discipline and terminate employees.

"(b) The Senate Legislative Council or the Secretary of the Senate, as appropriate, shall utilize the services of the Director of Human Resources, 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.

"(c) The elected members of the Legislative Council of the Senate of the State of Alabama Senate Legislative Council may delegate such powers and duties as herein conferred upon it to the Secretary of the Senate.

§29-4-30.

"(a) The subordinate officers of the House of Representatives consist of the Clerk of the House of Representatives and an Assistant Clerk of the House of Representatives. The Clerk of the House of Representatives shall be a full-time employee, elected as provided by law, and compensated as provided in this chapter.

"(b) The Clerk of the House of Representatives, after serving in that capacity for nine successive years, shall attain continuing service status and may be removed only for cause by a vote of a majority of the members elected to the House of Representatives after 10 days' notice of the intention to vote thereon together with a written notice of the cause for such removal. The service herein provided shall begin on the date of the original election to such office, whether such original election occurred prior to May 20, 1996, or otherwise. The Clerk of the House of Representatives, after attaining continuing service status, shall not participate in political activities such as are prohibited by the Merit System Act in Section 36-26-38.

"(c) (b) The Assistant Clerk of the House of Representatives shall serve only while the Legislature is in session. The Assistant Clerk of the House of Representatives shall be appointed by the Clerk of the House of Representatives with the approval of the Speaker of the House. The Assistant Clerk of the House of Representatives shall be paid from funds appropriated to the Legislature an amount fixed by the House Legislative Council.

"(d) Nothing herein shall prohibit the Assistant Clerk of the House of Representatives from being employed as a legislative employee when the Legislature is not in session, but in no event shall he or she be paid or receive compensation for more than one employment at any one time.

"(e) (c) The Clerk of the House of Representatives may appoint an administrative assistant. The administrative assistant to the Clerk shall serve at the pleasure of the Clerk and shall be paid from funds appropriated to the Legislature an amount fixed by the Clerk House Legislative Council in accordance with that of comparable positions established under the State Merit System pay plan.

"(f) (d) The Clerk of the House of Representatives may employ a chief clerk who shall be a full-time employee. The chief clerk shall serve at the pleasure of the Clerk of the House of Representatives and shall be paid from funds appropriated to the Legislature an amount fixed by the Clerk of the House of Representatives House Legislative Council in accordance with that of comparable positions established under the State Merit System pay plan.

§29-4-32.

"(a) The Clerk of the House of Representatives shall receive an annual salary of such amount as has heretofore or as may hereafter be fixed by law, payable as the salaries of other state officers or employees are paid. The Clerk of the House of Representatives shall be elected at the beginning of the quadrennium, and shall receive an annual salary of such amount as provided by the House Legislative Council.

"(b) The compensation of the Assistant Clerk of the House of Representatives shall be fixed by the Clerk of the House of Representatives. The House Legislative Council shall conduct an annual in person evaluation of the performance of the Clerk of the House of Representatives and the Assistant Clerk of the House of Representatives.

§29-4-35.

"(a) The members of the Legislative Council of the House of Representatives shall regulate, with the advice of the Clerk of the House of Representatives, the employees of the House of Representatives, except pages, and fix the exact number and compensation of employees who may be employed by the House of Representatives in each category of employment and the exact amount of each legislative employee classification compensation. Following their employment by the members of the Legislative Council of the House of Representatives, all employees of the House of Representatives shall be under the control and supervision of the Clerk of the House of Representatives. The House Legislative Council, after considering in a timely manner persons recommended by the Clerk of the House, shall hire the employees of the House. Once, hired all House employees are at will employees and shall be under the control and supervision of the Clerk of the House. The Clerk of the House has the authority to discipline and terminate employees.

"(b) The House Legislative Council or the Clerk of the House, as appropriate, shall utilize the services of the Director of Human Resources, 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.

"(c) The members of the Legislative Council of the House of Representatives House Legislative Council may delegate such powers and duties as herein conferred upon it to the Clerk of the House of Representatives.

§29-4-40.

"(a) Within the authority delegated by the elected members of the Legislative Council from the Senate and the members of the Legislative Council from the House of Representatives to the The Secretary of the Senate and the Clerk of the House of Representatives, respectively, the Secretary of the Senate and the Clerk of the House of Representatives shall furnish to each joint committee for which staff assistance is not provided in the act creating the joint committee, the staff assistance reasonably necessary to enable the committee to perform its assigned function.

"(b) Staff furnished pursuant to this section shall be compensated as other legislative staff at rates approved by the elected members of the Legislative Council of the Senate and members of the Legislative Council of the House of Representatives.

"(c) For purposes of this section, staff assistance includes, but is not limited to, secretaries, consultants, and technical or professional persons.

§29-4-42.

"Actions under this article requiring the approval of the elected members of the Legislative Council from the Senate Legislative Council and the members of the Legislative Council from the House of Representatives House Legislative Council may be taken only if approved by both a majority vote of the elected members of the Legislative Council from the Senate and a majority vote of the members of the Legislative Council from the House of Representatives both respective councils.

§29-5-2.

"There is hereby created a continuing legislative committee to be known as the Joint Fiscal Committee, whose duty it shall be to supervise the operation The operations of the Legislative Fiscal Office shall be supervised by the Legislative Council. The committee shall consist of the Chairman of the House Ways and Means Committee, three members of the House Ways and Means Committee selected by the Chairman of the House Ways and Means Committee, the Chairman of the Senate Finance and Taxation Committee, three members of the Senate Finance and Taxation Committee selected by the Chairman of the Senate Finance and Taxation Committee, the Lieutenant Governor and the Speaker of the House, whose terms shall be for the quadrennium for which they were elected to the Legislature and until their successors have been elected and qualified. The Chairman of the Senate Finance and Taxation Committee shall serve as chairman of the committee, and the committee shall meet at the call of the chairman or any three members thereof; provided, that the committee shall meet at least once each four months. Members shall be entitled to transportation allowances and to their regular legislative pay and per diem expenses for each day in which they are actually engaged in committee work.

§29-5-3.

"The Director of the Legislative Fiscal Office shall be selected and appointed by the Joint Fiscal Committee Legislative Council, upon the unanimous recommendation of the Chairs of the House Ways and Means Committees (Education and General Fund) and the Chairs of the Finance and Taxation Committees (Education and General Fund), who, together, shall constitute and be known as the Fiscal Committee of the Legislative Council. The salary of the director shall be fixed by the Joint Fiscal Committee at a per annum gross rate no less than the minimum per annum gross rate established for the State Budget Officer Legislative Council. The director may, at his selection, participate in any retirement system available to state employees. The director may be removed by a majority vote of the Joint Fiscal Committee Legislative Council or by a joint resolution of the House and Senate.

§29-5-4.

"The director shall appoint, without regard to the State Merit System Law, such personnel as may be necessary to carry out the duties and functions of the office. The compensation of such personnel shall be fixed by the director in accordance with that of comparable positions established under the State Merit System pay plan. The director may prescribe the duties and responsibilities of the personnel of the office and delegate to them authority to perform any of the duties, powers, and functions imposed on the office or on the director. For purposes of pay and employment benefits, rights and privileges, all personnel of the office shall be treated as if they were employees of the state.

§29-5-13.

"(a) For the purposes of this section, the following terms 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) 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 the budget process or any revenue source, the state official who is a party to the litigation shall promptly notify the Chair of the Joint Fiscal Committee Legislative Council, the Chair of the House Ways and Means Committees (Education and General Fund) and the Chair of the Senate Finance and Taxation Committees (Education and General Fund), and the Director of the Legislative Fiscal Office.

§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, 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 appointed by the Speaker, two members of the House elected by the House, and one member of the House elected by members of the House 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 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 elected House and Senate members shall be elected at the first regular session of each quadrennium.

"(b) Members serving ex officio, appointed, or elected at the 2015 Regular Session pursuant to the act adding this subsection or appointed as otherwise provided in subsection (d), shall replace the members of the Legislative Council serving on the council on the effective date of the act adding this subsection.

"(c) 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. If a vacancy occurs in its elected membership while the Legislature is not in session, the House Legislative 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 the act adding this subsection 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, within 30 days of adjournment sine die of the 2015 Regular Session, 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.

"The Legislative Council shall consist of the President and President Pro Tempore of the Senate, six members of the Senate elected by the Senate, the Speaker and Speaker Pro Tempore of the House of Representatives, six members of the House of Representatives elected by the House of Representatives, the chairs of the Senate's standing committees on finance and taxation and on the judiciary and the chairs of the standing committees on ways and means and on the judiciary of the House. If the Speaker of the House, Speaker Pro Tempore, or President Pro Tempore is also the chair of one of these standing committees, then the vice-chair of the committee shall serve on the council in the place of the chair.

"In addition, the majority and minority leaders of the Senate and the majority and minority leaders of the House shall be members of the Legislative Council. The majority and minority leaders of the House and the majority and minority leaders of the Senate may designate a member of their house to serve on the Legislative Council in their place for a one-year term. The designation shall be in writing to the Chair of the Legislative Council and the Speaker of the House, in the case of the majority or minority leader of the House, or the Lieutenant Governor, in the case of the majority or minority leader of the Senate.

"The President and President Pro Tempore of the Senate and the Speaker and Speaker Pro Tempore of the House of Representatives and any chair of a standing committee who, under this section and Section 29-6-2.1, is a member of the Legislative Council by virtue of holding such chair, may designate a member of his or her house to serve in his or her place on the Legislative Council for a one-year term. The designation shall be in writing to the Chair of the Legislative Council, and the Lieutenant Governor as to Senate members or the Speaker of the House of Representative as to House members.

"Additionally, any current House member who has served at least 24 years and is not appointed to any standing committee during the quadrennium shall also be a member of the Legislative Council for that quadrennium, and, in such an event, one additional member of the Senate shall serve on the Legislative Council for that same quadrennium, who shall be appointed by the Senate Committee on Assignments or the successor of this committee.

"The House and Senate members shall be elected at the 1975 Regular Session of the Legislature, and at the regular session held every four years thereafter. Members of the Legislative Council, whether elected or holding membership by virtue of office, position, tenure, or chairmanship, may serve on the Legislative Council during the term in which elected, appointed, or qualified and, if reelected to the same house without a break in service to that house, during the succeeding legislative term until a successor on the Legislative Council is elected or qualified as provided by law. The Legislative Council may make temporary appointments to fill vacancies in its membership.

"(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 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 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 council. The 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 may call a meeting of the council.

"(3) The Senate Legislative Council shall convene at a time and place designated by the President Pro Tempore of the Senate in written notice given to each member of the Legislative Council to select a chair and vice chair of the council. The 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 President Pro Tempore of the Senate may call a meeting of the 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 the Constitution of Alabama of 1901. The President of the Senate and Speaker of the House shall adopt such expense reimbursement regulations as are necessary to implement Amendment 871 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.

"Within 10 days after the whole membership of the Legislative Council is named, it shall convene at a place and time designated by the President of the Senate in written notice given to each member at least five days in advance to select a chairman and vice-chairman from the membership. The Legislative Council shall meet thereafter at the request of the chairman or as its members shall determine, in both cases upon written notice by the secretary at least five days in advance; provided, that the Legislative Council shall meet at least once each three months. Decisions of the membership in the name of the Legislative Council may be made by a majority of members present and voting at any meeting, provided a quorum is in attendance. A quorum shall consist of a total of any nine members who are representatives of both the House of Representatives and the Senate.

"(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 persons participating in the meeting may hear each 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 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 shall cover all of the duties and responsibilities of membership of 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 person 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 orientation.

§29-6-4.

"Members of the Legislative Council shall receive the same compensation and expenses for attendance of each meeting of the council or of any committee thereof as do members of the Legislature for attendance at sessions of the Legislature or for attendance of interim legislative committee or subcommittee meetings, based upon the rates of payment that are greater. Additionally, members of the Legislative Council, for attendance of a meeting of the council, shall receive a mileage allowance based on the mileage rate allowed by the Internal Revenue Code for income tax deductions per mile in lieu of actual expenses for transportation. For attendances at conferences and meetings outside the State of Alabama on Legislative Council business, the members shall receive the same compensation as do members of the Legislature, and actual, necessary expenses and transportation expenses. All such compensation and expenses authorized by this section shall be paid from funds appropriated to the use of the Legislative Council.

"(a) The House Legislative Council succeeds to and is vested with all the powers previously exercised by the House Members of the Legislative Council.

"(b) The Senate Legislative Council succeeds to and is vested with all the powers previously exercised by the members of the Senate elected to the Legislative Council.

"(c) A reference in any law to any entity all or a portion of the powers of which are succeeded to by the Legislative Council, the House Legislative Council, or the Senate Legislative Council, shall be deemed a reference to the Legislative Council, the House Legislative Council, or the Senate Legislative Council.

"(d) All personnel, funds, papers, and property of any entity all or a portion of the powers of which are succeeded to by the Legislative Council, as determined by the Legislative Council, shall be transferred to the Legislative Council on October 1, 2015.

§29-6-7.

"This chapter shall be liberally construed.

"(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.

"(3) Maintain a website of legislative expenditures that includes, but is not limited to, the names, salaries, and expense 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 of the Legislative Reference Service, 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, 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 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, 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, Speaker of the House, and President Pro Tempore of the Senate, respectively.

"(f) The Directors of the Legislative Reference Service, Legislative Fiscal Office, and Alabama Law Institute 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) 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 2. Sections 29-7-4, 29-8-1, 29-8-2, 29-8-3, 29-8-4, 29-8-5, 41-9-370, 41-9-374, 41-19-3, 41-19-3.1, Code of Alabama 1975, are amended to read as follows:

§29-7-4.

"(a) The Director of the Legislative Reference Service, may hire, either subject without regard to the State Merit System Law, may hire or without regard to the provisions thereof, staff members and clerical help necessary to effect the purposes of this chapter of the Legislative Reference Service.

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

§29-8-1.

"(a) The Board of Commissioners of the Alabama State Bar may organize, create and establish a state law institute to be known as the Alabama Law Institute is created in the Legislative Department as an official advisory law revision and law reform agency of the State of Alabama.

"(b) The institute shall have such members, officers, and committees as the Board of Commissioners of the Alabama State Bar council of the institute may direct.

"(c) The governing body of the institute shall be a governing council shall be composed of ex officio, appointed, members and elected members, as follows:

"(1) One justice of the Supreme Court of Alabama, selected by the justices thereof.

"(2) One judge of the Court of Civil Appeals of Alabama, selected by the judges thereof.

"(3) One judge of the Court of Criminal Appeals of Alabama, selected by the judges thereof.

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

"(5) One federal judge residing in Alabama, selected by the federal judges residing in Alabama.

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

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

"(8) (5) The Chairman Chairs of the Judiciary Committees of the Senate and House of Representatives, or any attorney appointed by either of them who is a member of the Judiciary Committee.

"(9) (6) The President and Secretary of the Alabama State Bar.

"(7) The Secretary of the Alabama State Bar.

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

"(11) The Dean of the University of Alabama School of Law.

"(12) The Dean of the Cumberland School of Law of Samford University.

"(13) The dean of each privately operated law school in the State of Alabama whose graduates are admitted as candidates for examination and admission to the Alabama State Bar.

"(14) The Dean of the Miles College Law School.

"(15) The President and Secretary of the Alabama Law Institute.

"(16) (9) The attorney members of the Legislative Council of Alabama, together with the Secretary of the Legislative Council.

"(17) (10) Not less than three nor more than six attorney members appointed by the Governor of Alabama for terms to run concurrently with the term of the Governor.

"(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.

"(18) The Director of the Continuing Legal Education Program sponsored by the Alabama State Bar, the University of Alabama Law School and the Cumberland School of Law of Samford University.

"(19) All elected members of the American Law Institute who reside in Alabama.

"(d) The elected membership shall consist of two (14) Two members who shall be elected from the members of the faculty of the University of Alabama School of Law, two members who shall be 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.

"(e) The term of office of the members of the judiciary who are ex officio members of the council shall be four years. (d) The other ex officio members shall hold their positions during their respective terms of office. The terms of office of the elected members of the council shall be four years. The terms of office of the first elected members shall be fixed and determined by the Board of Commissioners of the Alabama State Bar and their successors shall be elected for terms of four years under such rules as the Board of Commissioners may adopt. Elected members of the governing council shall be eligible for reelection.

"(f) (e) Vacancies in the elected membership created by death, resignation, or otherwise than by the expiration of the terms of office shall be filled by the governing 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.

§29-8-2.

"(a) The members of the Governing Council of the Alabama Law Institute shall serve without any compensation for services as such. The council may employ and fix and pay reasonable compensation to the director of the institute and his assistants, and may pay honoraria to members of the council State Bar who perform professional services for the institute, as authorized by the council.

"(b) The Legislative Council shall appoint the director upon the recommendation of the governing council.

§29-8-3.

"The Board of Commissioners of the Alabama State Bar governing council shall adopt a plan or plans of membership in the Alabama Law Institute so designed as to encourage and invite the cooperation of all members of the legal profession in the work of the institute.

§29-8-4.

"The general purposes of the Alabama Law Institute 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 Alabama Law Institute to:

"(1) Consider needed improvements in both substantive and adjective law and to make recommendations concerning the same to the Legislature 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 judges, justices, public officials, lawyers, members of the Alabama Legislature and the public generally as to defects and anachronisms in the law.

"(4) Recommend from time to time 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 modern legal conditions and opinions.

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

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

"(7) Organize and conduct an annual meeting 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) Devise and carry out, through the facilities of the Legislative Reference Service and the director and employees thereof, a plan for continuous code revisions Advise the Code Commissioner on the performance of the duties imposed on the Code Commissioner by Chapter 6 of Title 29.

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

§29-8-5.

"The Alabama Law Institute, in submitting reports to the Legislature through its president, shall act solely in an advisory capacity. Its reports, studies and recommended publications shall be printed and shall be distributed by the Secretary of State in the same manner as acts of the Legislature.

§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, any resident of this state who because of long service in the cause of the uniformity of state legislation has been elected a life member of the National Conference of Commissioners on Uniform State Laws, any person who while a member attended 10 or more annual meetings of the National Conference of Commissioners on Uniform State Laws, any resident of the state who is serving or has served as Executive Director of the National Conference of Commissioners on Uniform State Laws, 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, and the Director of the Legislative Reference Service.

§41-9-374.

"(a) The Commission on Uniform State Laws shall annually present its budget to the Legislative Council for approval.

"(b) From funds appropriated to for the commission, the commission shall:

"(1) Reimburse members of the commission who are not members of the Legislature for their necessary expenses in performing the duties of their offices, including travel for the meeting of the National Conference of Commissioners on Uniform State Laws, subject to the approval of the Legislative Council.

"(2) Pay the cost of printing the commission's reports.

"(3) Pay the dues of this state to the National Conference of Commissioners on Uniform State Laws.

"(b) (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.

"(c) For performing their duty as a member of the commission, members of the commission who are members of the Legislature shall receive, from funds appropriated to the Legislature, the same compensation, expenses, and travel allowances as members of the Legislative Council receive for travel out-of-state on Legislative Council business.

§41-19-3.

"It is the purpose of this chapter to establish a comprehensive system for budgeting and financial management which furthers the capacity of the Governor and the Legislature to plan and finance the services which they determine the state will provide for citizens. The system shall include procedures for all of the following:

"(1) The orderly establishment, continuing review, and periodic revision of the program and financial goals and policies of the state.

"(2) The development, coordination, and review of long-range program and financial plans that will implement established state goals and policies.

"(3) The preparation, coordination, analysis, and enactment of a budget, organized to focus on state services and their costs, that authorizes the implementation of policies and plans in the succeeding budget period.

"(4) The evaluation of alternatives to existing policies, plans, and procedures that offer potential for more efficient or effective state services.

"(5) The regular appraisal and reporting of program performance.

"To this end, each Governor shall develop a four-year strategic plan for presentation to the Legislature prior to the first day of the second regular legislative session in each term of office. The plan shall include program, long-range revenue and expenditure plans for the quadrennium, improvements in the state infrastructure requiring capital outlay, and recommended steps to reduce the cost of operation of state government. In addition, the plan shall include a pilot phase of implementation for performance-based budgeting with one or more state agencies. The Joint Fiscal Committee and the Governor shall jointly select state agencies to participate in said pilot phase for the 1996-97 fiscal year.

§41-19-3.1.

"The Joint Fiscal Committee Legislative Council shall serve in an advisory capacity to the Governor in the development of the long-range program, revenue and expenditure plans. The Joint Fiscal Committee Legislative Council shall be aided by the Legislative Fiscal Office. Members of the Joint Fiscal Committee shall be compensated as provided for in Section 29-5-2."

Section 3. (a) If the senator who is serving as the President Pro 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 amended.

(b) If the senator serving as the President Pro Tempore of the Senate ceases service as a 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 amended, 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 amended.

Section 4. Sections 29-1-22, 29-1-41 29-4-41, and 29-7-5 of the Code of Alabama 1975 are repealed.

Section 5. Those portions of this act relating to the composition of the Legislative Council as well as Sections 2, 3, and 4 shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law. The remainder of the act shall become effective October 1, 2015.

Legislature

House of Representatives

Senate

Legislative Reference Service

Legislative Fiscal Office

Alabama Law Institute

Legislative Building Authority

Joint Fiscal Committee

President Pro Tempore of Senate

Code Amended

Code Repealed