SB164 By Senators Albritton, Ward, Reed, Marsh, Bussman, Holtzclaw and Chambliss RFD County and Municipal Government Rd 1 05-MAR-15

SYNOPSIS: Under existing law, Section 106 of the Official Recompilation of the Constitution of Alabama of 1901, as amended (Amendment 341), the substance of any bill proposing a special, private, or local law is required to be advertised in a newspaper of general circulation in the county for four weeks prior to introduction in either house of the Legislature. Additionally, Section 106 does not provide any specific procedure for a special, private, or local bill to be substantively amended during the legislative process.

This proposed amendment would provide that a special, private, or local bill would be required to be advertised in a newspaper of general circulation in the county for three weeks prior to introduction and would provide for exceptions when there is no newspaper of general circulation in the county. The proposed amendment would provide procedures for the amendment of a special, private, or local bill during the legislative process under procedures established relating to the adoption of proposed changes to the special, private, or local bill prior to final passage in the house of the amendment's origin. The proposed amendment would also limit the introduction of a special, private, or local bill after the twenty-fifth legislative day.

A BILL TO BE ENTITLED AN ACT

To amend Section 106 of the Constitution of Alabama of 1901, as amended by Amendment 341, now appearing as Section 106 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, relating to the enactment of special, private, or local bills and the notice required prior to their introduction; to provide procedures for advertising and other notice of private, special, or local bills prior to introduction in the Legislature; to provide procedures for amendments of the bills; and to limit the introduction of the bills after a certain legislative day.

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 106 of the Constitution of Alabama of 1901, as amended by Amendment 341, now appearing as Section 106 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, is amended to read as follows:

"Section 106. (a) No special, private, or local law shall be passed on any subject not enumerated in section 104 of the Constitution, except in reference to fixing the time of holding courts, introduced in the Legislature unless notice of the intention to apply therefor introduce the bill shall have been be published, without cost to the state, in the county or counties where the matter or thing to be affected may be situated, which.

(b) The notice shall state contain both of the following:

"(1) The the substance of the proposed law which may consist of a statement of the general nature of substantive features of the proposed bill or an abstract or essence or compendium of the proposed bill but need not include details of the proposed bill or the text of the proposed bill in its entirety and.

"(2) A statement that the Legislature may offer amendments to the proposed bill as provided in subsection (e) with specific information detailing how access to any proposed amendment may be obtained by the general public while the amendment is pending under the procedures set out in subsection (e).

"(c) The notice required in subsection (a) shall be published at least once a week for four three consecutive weeks prior to introduction of the bill by publication in some newspaper of general circulation published in such county or counties, or if. If there is no newspaper of general circulation published therein, then in an affected county, notice shall be made by posting the said notice for two consecutive weeks at five different places in the county or counties at least one of which shall be the county courthouse and by publication by electronic or other media as the Legislature may provide by general law. prior to the introduction of the bill; and proof

"(d) Proof that said the notice has been given shall be exhibited to each house of the legislature through a certification by the clerk of the house or the secretary of the senate that notice and proof was attached to the subject local legislation and the notice and proof shall be attached to the original copy of the subject bill and shall be filed in the department of archives and history where it shall constitute a public record.

"(e) A bill proposing passage of a special, private, or local law may be amended by either house of the Legislature under the following procedures:

"(1) The amendment shall be adopted by a majority of those present and voting in the house where the amendment is first proposed; and

"(2) Following adoption of the amendment, the bill as amended shall not be subject to final passage in the house of the amendment's origin until the third legislative day thereafter. Additionally, if an executive amendment or conference committee report to a bill proposing passage of a special, private, or local law or the repeal or amendment of an existing special, private, or local law is adopted by the house of origin, the bill as amended by the executive amendment or conference committee report shall not be transmitted to the other house for final passage until the next legislative day or one calendar week, whichever is last to occur.

"(f) During any regular session of the Legislature, no bill proposing passage of a special, private, or local law or the repeal of an existing special, private, or local law shall be introduced following the twenty-fifth legislative day.

"(g) The courts shall pronounce void every special, private, or local law which the journals do not affirmatively show was passed in accordance with the provisions of this section.

"This amendment shall be self-executing, and no enabling legislation shall be necessary."

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, to provide procedures for advertising and other notice of private, special, or local bills prior to introduction in the Legislature; to provide procedures for amendments of the bills; and to limit the introduction of the bills after a certain legislative day.

"Proposed by Act ________."

This description shall be followed by the following language:

"Yes ( ) No ( )."

Constitutional Amendments

Legislature

Local Laws

Notice, Legal

Counties

Municipalities