HB432 By Representative Beckman RFD Constitution, Campaigns and Elections Rd 1 17-MAR-16

SYNOPSIS: Under existing law, the elected constitutional offices in the Executive Department include the Governor, Lieutenant Governor, Attorney General, State Auditor, Secretary of State, State Treasurer, and Commissioner of Agriculture and Industries.

This bill would propose an amendment to the Constitution of Alabama of 1901, to make the State Auditor and the Commissioner of Agriculture and Industries positions that are appointed by the Governor.

A BILL TO BE ENTITLED AN ACT

Proposing an amendment to the Constitution of Alabama of 1901; to make the State Auditor and the Commissioner of Agriculture and Industries positions that are appointed by the Governor.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. The following amendment 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

(a) The State Auditor shall be appointed by the Governor and serve at his or her pleasure. The State Auditor shall receive an annual salary which shall be fixed by the Legislature and shall be paid from the State Treasury in installments as the salaries of other state officers are paid. The qualifications and the authority and duties of the State Auditor shall be in accordance with the Constitution of Alabama of 1901, as amended and in accordance with state law.

(b) The Commissioner of Agriculture and Industries shall be appointed by the Governor and serve at his or her pleasure. The Commissioner of Agriculture and Industries shall receive an annual salary which shall be fixed by the Legislature and shall be paid from the State Treasury in installments as the salaries of other state officers are paid. The qualifications and the authority and duties of the Commissioner of Agriculture and Industries shall be in accordance with state law.

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 make the positions of State Auditor and Commissioner of Agriculture and Industries positions appointed by the Governor rather than elected positions.

"Proposed by Act ________."

This description shall be followed by the following language:

"Yes ( ) No ( )."

Constitutional Amendments

Commissioner of Agriculture and Industries

State Auditor

Governor