Current Text for SB122



SB122

ENGROSSED

By Senators Holley, Marsh, Waggoner, Brewbaker, Allen, Ward, Reed, Dial, Sanford, Scofield, Smith, Taylor, Williams, Ross, Fielding, Blackwell, Bussman, Orr, Glover, Whatley and Beason

A BILL
TO BE ENTITLED
AN ACT

Relating to the Legislative Department, to create the Joint Committee on Legislative Operations, the House Committee on House Administration, and the Senate Committee on Senate Administration, to provide for the Chief of Legislative Operations, to transfer to the committees functions from the Legislative Council, the House Legislative Council, the entity consisting of the Senate members elected to the Legislative Council, the Joint Committee on Administrative Regulation Review, the Joint Fiscal Committee, the Legislative Committee on Public Accounts, the Legislative Building Authority, and the Permanent Legislative Committee on Reapportionment and abolish those entities, to assign additional administrative functions to the committee, to delete a provision for an automatic appropriation to the Legislature; to specify the Alabama Law Institute is part of the Legislative Department, to revise the membership of the governing council of the institute, to grant additional authority to the council and the president and director of the institute; to provide for the continuation of the office of the President Pro Tempore of the Senate; to amend Sections 8-6-53, 8-19C-3, 9-11-68, 9-11-69, 11-100-4, 16-5-8.3, 16-6B-11, 17-11-42, 29-1-22, 29-1-24, 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, 29-7-2, 29-7-4, 29-7-6, 29-7-10, 29-8-1, 29-8-2, 29-8-3, 29-8-4, 29-8-5, 30-3-8, 33-2-185, 34-14B-5, 36-7-24, 36-7-25, 36-13-30, 36-25-4.2, 38-7A-4, 40-2-9, 40-23-203, 41-5-3, 41-5-6, 41-5-9, 41-9-374, 41-9-715, 41-10-44.5, 41-16-27, 41-16-82, 41-19-3, 41-19-3.1, 41-20-4, 41-21-4, 41-21-7, 41-22-3, 41-22-22, 41-22-23, and 41-22-24, Code of Alabama 1975; and to repeal Chapter 6 (commencing with Section 29-6-1) of Title 29 of, and Sections 29-2-50, 29-2-51, 29-7-5, 41-5-18, and 41-5-19 of, the Code of Alabama 1975.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. (a) The Joint Committee on Legislative Operations is hereby created. The joint committee consists of eight members of the House, at least two of whom must be a member of a minority party or an independent, elected by the House, who shall constitute the House Committee on House Administration, and eight members of the Senate, at least two of whom must be a member of a minority party or an independent, elected by the Senate, who shall constitute the Senate Committee on Senate Administration. The House and Senate members shall be elected at the 2013 Regular Session of the Legislature and at the first regular session of each quadrennium thereafter. Members of the joint committee may serve on the joint committee during the term in which 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 elected as provided by law. No member may be elected to more than two consecutive four-year terms. If a vacancy occurs in its membership while the Legislature is not in session, the joint committee may make temporary appointments to fill the vacancy until the vacancy is filled by an election of the House or Senate, as the case may be. If this act does not become operative prior to adjournment sine die of the 2013 Regular Session, the Speaker of the House and the President Pro tempore of the Senate may appoint eight members of the House of Representatives, two of whom shall be a member of a minority party or an independent, and eight members of the Senate, two of whom shall be a member of a minority party or an independent, respectively, to serve on the joint committee until members are elected at the 2014 Regular Session. The President of the Senate shall be a member of the committee who may vote only in the case of a tie. At its first meeting during each quadrennium and at such other times as necessary, the committee shall elect a chair and vice chair from among the membership of the committee, including the Lieutenant Governor. To the extent possible, membership of the committees shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state.

(b) Within 10 days after the whole membership of the Joint Committee on Legislative Operations is determined:

(1) The joint committee 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 joint committee 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 committee. If the chair declines to call a meeting or is unable to call a meeting, the Speaker or the President Pro tempore may call a meeting of the committee.

(2) The House Committee on House Administration shall convene at a time and place designated by the Speaker of the House in written notice given to each member of the committee to select a chair and vice chair of the committee. The committee 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 committee. 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 committee.

(3) The Senate Committee on Senate Administration shall convene at a time and place designated by the President Pro tempore in written notice given to each member of the committee to select a chair and vice chair of the committee. The committee 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 committee. If the chair declines to call a meeting or is unable to call a meeting, the President Pro tempore may call a meeting of the committee.

(c) Members of the Joint Committee on Legislative Operations, House Committee on House Administration, and Senate Committee on Senate Administration shall receive expenses for attendance of each meeting of the respective committee or any subcommittee thereof 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 rules as are necessary to implement Amendment 871 for operation of the committees prior to the committees commencing operations.

(d) The Joint Committee on Legislative Operations, the House Committee on House Administration, and the Senate Committee on Senate Administration may provide for the appointment of subcommittees to facilitate its work.

(e) Members of the Joint Committee on Legislative Operations, House Committee on House Administration, and Senate Committee on Senate Administration may participate in a meeting of the respective committee 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.

(f) Any decision of the Joint Committee on Legislative Operations shall be by a majority vote of the committee members from the Senate and a majority vote of the committee members from the House of Representatives.

(g) All decisions of the Joint Committee on Legislative Operations, the House Committee on House Administration, or the Senate Committee on Senate Administration shall be reduced to writing and shall be published on the website of the Legislature.

(h) The Joint Committee on Legislative Operations, House Committee on House Administration, and Senate Committee on Senate Administration shall be subject to the Alabama Open Meetings Act, Chapter 25A (commencing with Section 36-25A-1) of Title 36 of the Code of Alabama 1975, except as otherwise provided in subsection (e) and except that a meeting may be called on the same notice as a meeting of a committee of the House or Senate under the rules of the House or Senate.

(i) In those quadrenniums in which the United States official decennial census is released and while the Legislature is actually involved in the reapportionment process, the Joint Committee on Legislative Operations shall have a Subcommittee on Reapportionment which shall be composed of 10 members as follows: Five members of the House of Representatives appointed by the Speaker of the House and five members of the Senate appointed by the Lieutenant Governor. Upon the completion of the reapportionment process, the subcommittee shall be dissolved.

Section 2. (a) The Joint Committee on Legislative Operations shall succeed to and is vested with all the powers of the Legislative Council, the Joint Committee on Administrative Regulation Review, the Legislative Committee on Public Accounts, the Joint Fiscal Committee, the Permanent Legislative Committee on Reapportionment, and the Legislative Building Authority.

(b) The House Committee on House Administration succeeds to and is vested with all the powers previously exercised by the House Members of the Legislative Council.

(c) The Senate Committee on Senate Administration succeeds to and is vested with all the powers previously exercised by the members of the Senate elected to the Legislative Council.

(d) A reference in any law to any entity set forth in subsection (a), (b), or (c) the powers of which are succeeded to by the Joint Committee on Legislative Operations, the House Committee on House Administration, or the Senate Committee on Senate Administration shall be deemed a reference to the Joint Committee on Legislative Operations, the House Committee on House Administration, or the Senate Committee on Senate Administration.

(e) All funds, papers, and property of any entity set forth in subsection (a), (b), or (c) the powers of which are succeeded to by the Joint Committee on Legislative Operations, the House Committee on House Administration, and the Senate Committee on Senate Administration shall be transferred to the Joint Committee on Legislative Operations, the House Committee on House Administration, or the Senate Committee on Senate Administration upon the election of members to the respective committee.

Section 3. In addition to the powers to which the Joint Committee on Legislative Operations succeeds pursuant to Section 2, the joint committee shall be responsible for the personnel, accounting, and purchasing functions of the Legislative Department specified in this section. The joint committee shall:

(1) (A) Provide a process by which the Director of Human Resources shall make available to the Director of the Legislative Reference Service, Director of the Legislative Fiscal Office, the Speaker of the House, the President Pro tempore of the Senate, and the Director of the Alabama Law Institute, respectively, a roster of applicants for employment, accompanied by the written application for each, for persons to be hired. In consultation with the Directors of Legislative Reference Service, Legislative Fiscal Office, and the Alabama Law Institute and the Speaker of the House and the President Pro tempore of the Senate, the committee shall establish the salary schedules and other issues related to compensation for employees of the Legislative Reference Service, Legislative Fiscal Office, Alabama Law Institute, the Speaker of the House, and the President Pro tempore of the Senate.

(B) The terms of employment for all staff of the Legislative Department shall be as uniform as practical.

(C) Recommendations for hiring of the director of the Alabama Law Institute shall be made to the President of the Institute, who shall have final hiring authority for the director.

(D) After being employed, 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.

(2) Approve budgets, provide accounting services, make purchases, and provide general administrative services for the Legislative Department, and all agencies and entities therein.

(3) Allocate space in the Alabama State House, including to the Senate and the House of Representatives. After the joint committee allocates space to the Senate or House of Representatives, the space shall be assigned to various uses of the respective house as determined pursuant to the rules of the house.

(4) Maintain a website of legislative expenditures that includes, but is not limited to, the names, salaries, and expense of the officers and employees of the Legislative Department and any contracts entered into by the joint committee 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.

(5) Maintain the computer operations of the Legislature, including management and control of the Legislative Data Center.

(6) Operate the Reapportionment Office.

(7) 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.

(8) 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 joint committee, to the fullest extent possible, shall look for methods to save public funds and contain costs.

Section 4. (a) The Joint Committee on Legislative Operations shall employ a person as the Chief of Legislative Operations who shall perform the work of the committee under the general supervision of the committee and such other employees as the committee determines necessary and proper to perform the functions assigned to the committee. The Chief of Legislative Operations shall serve as Secretary of the committee without any additional compensation.

(b) The Joint Committee on Legislative Operations may annually review the performance of the Director of the Legislative Reference Service, Director of the Legislative Fiscal Office, Chief Examiner of Public Accounts, and Alabama Law Institute.

(c) The Director of the Legislative Reference Service, Director of the Legislative Fiscal Office, and Director of the Alabama Law Institute shall annually review the performance of each employee subject to his or her supervision and report thereon to the Chief of Legislative Operations.

(d) The Chief of Legislative Operations shall review all budget requests for the Legislative Reference Service, Legislative Fiscal Office, Alabama Law Institute, and other legislative functions as directed by the Joint Committee on Legislative Operations and shall report thereon to the joint committee for approval.

Section 5. (a) In addition to the Chief of Legislative Operations, the Joint Committee on Legislative Operations shall employ a director of human resources who shall handle the human resources related functions specified in Section 3(1) for the Legislative Reference Service, Legislative Fiscal Office, and Alabama Law Institute, and 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.

(b) In addition to the duties specified in Section 3 (1), the Director of Human Resources may provide services to the Senate Committee on Senate Administration for employees of the Senate or the House Committee on House Administration for employees of the House of Representatives, or both, at the request of the respective committee.

Section 6. Each entity in the Legislative Department shall keep an accurate and complete record of all entity proceedings, record and file all bonds, reports, and other documents, and assume responsibility for the custody and preservation of all papers and documents of the entity.

Section 6.5 (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 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 Committee on Senate Administration, the Secretary of the Senate shall perform the functions 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 7. The Joint Committee on Legislative Operations may implement this act in whole or in part in stages and at the times it deems appropriate and shall have all powers necessary and convenient to totally implement this act.

Section 8. Sections 8-6-53, 8-19C-3, 9-11-68, 9-11-69, 11-100-4, 16-5-8.3, 16-6B-11, 17-11-42, 29-1-22, 29-1-24, 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, 29-7-2, 29-7-4, 29-7-6, 29-7-10, 29-8-1, 29-8-2, 29-8-3, 29-8-4, 29-8-5, 30-3-8, 33-2-185, 34-14B-5, 36-7-24, 36-7-25, 36-13-30, 36-25-4.2, 38-7A-4, 40-2-9, 40-23-203, 41-5-3, 41-5-6, 41-5-9, 41-9-374, 41-9-715, 41-10-44.5, 41-16-27, 41-16-82, 41-19-3, 41-19-3.1, 41-20-4, 41-21-4, 41-21-7, 41-22-3, 41-22-22, 41-22-23, and 41-22-24, Code of Alabama 1975, are amended to read as follows:

§8-6-53.

"(a) The Securities Commission shall select a chair and may adopt rules for conducting its proceedings.

"(b) The commission shall meet quarterly on a date it designates and may meet at other times it deems necessary, or when called by the chair or by any two members. Any three members shall constitute a quorum for transacting commission business.

"(c) Complete minutes of each meeting shall be kept and filed in the office of the commission and shall be available for public inspection during reasonable office hours.

"(d) The commission shall report annually to the Governor, to the legislature, and to the state Legislative Council Joint Committee on Legislative Operations. The report shall contain the minutes of each meeting held during the year, legislative recommendations, a summary of violations of Article 1 of this chapter, actions taken for those violations, and other data and information deemed necessary or appropriate.

"(e) Each member of the commission shall have unrestricted access to all offices and records under the jurisdiction of the commission.

"(f) The commission, or a majority of the commission, may exercise any power or perform any act that the director is authorized to perform under this chapter.

§8-19C-3.

"(a) The commission shall have the authority to charge a residential subscriber a fee every two years payable to the commission for each notice for inclusion on the database established pursuant to this chapter. The commission shall also have the authority to charge a person or entity desiring to make telephone solicitations a fee per year payable to the commission for access to, or for paper or electronic copies of the database established pursuant to this chapter. Any fee established by the commission shall be subject to the approval of the Legislative Council Joint Committee on Legislative Operations.

"(b) The commission shall update its "no sales solicitation calls" listing upon receipt of initial consumer subscriptions or renewals and provide this listing for a fee, pursuant to subsection (a).

"(c) All fees collected under this chapter shall be deposited into a separate fund in the State Treasury to be expended by the commission for the implementation and administration of this chapter. At the end of each fiscal year, unexpended monies remaining in the fund shall not revert to any other fund of the state, but shall remain available for appropriation. The Legislature shall annually appropriate from the fund the amount necessary for the administration of this chapter to the commission subject to the provisions, terms, conditions, and limitations of the Budget and Financial Control Act, Sections 41-4-80 et seq., Sections 41-19-1 et seq., and any other provisions of this chapter.

§9-11-68.

"Beginning with the license year October 1, 2010, and each license year thereafter, those license fees and issuance fees specified in Act 2007-418 shall be subject to a possible cost adjustment based on the following procedure: By the end of November of 2009, and each November thereafter, the Director of the Division of Wildlife and Freshwater Fisheries of the Department of Conservation and Natural Resources, with the approval of the Commissioner of the Department of Conservation and Natural Resources, may submit to the Chair of the Advisory Board of Conservation and Natural Resources, a recommendation of an increase in both the license fees and issuance fees for the licenses, based on the percentage increase in the Consumer Price Index for All Urban Consumers (CPI-U) (All Items - U.S. City Average) maintained by the U.S. Department of Labor, Bureau of Labor Statistics, for the immediately preceding yearly period of October to October, rounded down to the nearest nickel. The recommendation shall be subject to the approval of the Advisory Board of Conservation and Natural Resources on or before the end of March of each year. If the increase is approved by the Advisory Board of Conservation and Natural Resources, the board through its secretary, by the end of March of each year, shall submit the board's recommendation to the Chair of the Legislative Council Joint Committee on Legislative Operations, for the Legislative Council's committee's review and approval. In the event the recommendation is not disapproved by the Legislative Council committee by the end of April of each year, the recommendation of the board shall be deemed to be approved. In the event one or more years elapses during which there is no adjustment as provided for herein, the same procedure may be followed to obtain a net cumulative increase since the previous increase.

§9-11-69.

"Beginning with the license year October 1, 2010, and each license year thereafter, those license fees and issuance fees specified in Sections 9-11-53.1, 9-11-53.5, and 9-11-55.2, shall be subject to a cost adjustment based on the following procedure: By the end of November of 2009, and each November thereafter, the Director of the Division of Marine Resources of the Department of Conservation and Natural Resources, with the approval of the Commissioner of the Department of Conservation and Natural Resources, may submit to the Chair of the Advisory Board of Conservation and Natural Resources a recommendation of an increase in both the license fees and issuance fees for the licenses based on the percentage increase in the Consumer Price Index for All Urban Consumers (CPI-U) (All Items - U.S. City Average) maintained by the U.S. Department of Labor, Bureau of Labor Statistics, for the immediately preceding yearly period of October to October, rounded down to the nearest nickel. Such recommendation shall be subject to the approval of the Advisory Board of Conservation and Natural Resources on or before the end of March of each year. If the increase is approved by the advisory board, the board through its secretary, by the end of March of each year, shall submit the board's recommendation to the Legislative Council Joint Committee on Legislative Operations for the Legislative Council's committee review and approval. In the event the recommendation is not approved by the Legislative Council committee by the end of April of each year, the recommendation of the board shall be deemed to be approved. In the event one or more years elapses during which there is no adjustment as provided for herein, the same procedure may be followed to obtain a net cumulative increase since the previous increase.

§11-100-4.

"(a) Any city, county, or entities or authorities thereof may apply to the State Director of Finance for state assistance payments for any eligible facilities. The city, county, or entities or authorities thereof shall file an initial application with the Director of Finance, which shall be in writing and shall describe: (i) the eligible facilities; (ii) the need for said the facilities or the benefit therefrom; and (iii) the financing thereof, including the principal and interest payments for the bonds.

"(b) The Director of Finance shall promptly review such initial application and shall notify the applicant of any additional information that may be necessary.

"(c) After reviewing the initial application and upon reasonable notice to the applicant, the Director of Finance shall hold a public hearing on the application and maintain an official record of such hearing. He The Director of Finance shall give notice of the time, place and purpose of the public hearing by publication one time in a newspaper of general circulation within the boundaries of the applicant, not less than 10 days prior to the hearing.

"(d) Within 90 days after such public hearing, the Director of Finance shall: (i) determine whether the facilities described in the initial application are eligible facilities; (ii) notify the applicant of its determination; and (iii) if said the facilities are determined to be eligible, approve such application and immediately certify the same to the Governor and Joint Legislative Council of the Alabama Legislature the Joint Committee on Legislative Operations.

"(e) After the initial application has been approved, the city, county, or entities or authorities thereof must establish a base number of convention delegates which shall be computed by taking an annual average number of convention delegates attending national and regional meetings in said the city, county, or the entity's or authority's region over the previous five-year period. For purposes of determining such base number, each county, city, or entity or authority thereof is hereby authorized to require each hotel or motel to report quarterly to it the total number of convention delegates in attendance for any national or regional convention or meeting which utilizes 50 or more room nights per meeting. The city, county, or entity or authority thereof shall then file an annual application with the Director of Finance, which shall estimate: (i) the number of additional delegates, over and above the base average number, who will patronize the eligible facilities during the year; (ii) their estimated expenditures; (iii) the estimated additional state lodging tax revenues to be derived as a result of the expenditures (taking into consideration the investment multiplier); (iv) the expected additional expense, if any, to the state; and (v) any other matters prescribed by the Director of Finance. The descriptions required by (i), (ii), and (iii) shall be supported by statistical surveys satisfactory to the Director of Finance.

"(f) The Director of Finance shall review all such annual applications, determine the amount of state assistance payments that would be required under such estimates, as determined in paragraph (i) of this section, and shall include in the proposed budget to the Governor, a line item appropriation in such amount, and certify such amount to the State Legislature; provided, however, that in no fiscal year shall the entire amount budgeted for all eligible facilities exceed $3,000,000.

"(g) From the net proceeds of the state transient occupancy tax proceeds levied pursuant to Section 40-26-1, the provisions of Section 40-26-20 to the contrary notwithstanding, the Legislature shall appropriate annually such amount as it deems necessary and desirable to satisfy all such projected state assistance payments for the next fiscal year. In the first full fiscal year after May 11, 1989, this amount shall not exceed $500,000; in the second fiscal year after May 11, 1989, this amount shall not exceed $1,000,000; in the third fiscal year after May 11, 1989, this amount shall not exceed $2,000,000; in the fourth fiscal year after May 11, 1989, this amount shall not exceed $3,000,000; and in no subsequent fiscal year shall the amount budgeted ever exceed $3,000,000. Such amounts shall be credited to the Convention Facilities Fund established pursuant to Section 11-100-5.

"(h) Each city, county, or entity or authority thereof that has filed an annual application for assistance payments for the current fiscal year shall file a request for state assistance payments with the State Department of Finance within 30 days after the end of each quarter during said fiscal year. The quarterly request shall include the actual number of delegates that patronized eligible facilities during the preceding quarter, the average number of days attendance for such delegates, and signed documentation from an executive of each group or association attesting to the number of delegates and the average number of days attendance. The quarterly request shall also include the delegates' average expenditures, the delegates' total estimated expenditures, taking into consideration the investment multiplier, the total estimated additional state lodging tax revenues generated and the amount of state assistance payments requested by the city, county or entity or authority thereof for such quarter. The investment multiplier for each city, county or entity or authority thereof shall be determined by the Director of Finance with due consideration given to the opinion of the International Association of Convention and Visitor Bureaus as to what the investment multiplier should be for such city, county, or entity or authority thereof. The investment multiplier, as determined by the Director of Finance, shall be not greater than five.

"(i) The amount of any state assistance payments to which each city, county, or entity or authority thereof having filed an annual application hereunder shall be entitled, shall be an amount equal to two-thirds of the total sum of additional state transient occupancy tax revenue, if any, generated in connection with such city, county, or entity's or authority's eligible facility for the preceding quarter, as determined in paragraph (h) of this section. The maximum amount of any city, county, or entity's or authority's state assistance payments for any quarter shall be limited to 50 percent of the bond debt service requirements, including principal and interest, for the quarter for which such state assistance payments have been requested.

"(j) In any fiscal year in which approved state assistance payments exceed the maximum allowed under Section 11-100-4(g), all participating cities, counties, and entities or authorities thereof shall receive a pro rata share of the amount they would be due to receive otherwise hereunder. In the event state assistance payments are set aside in the Convention Facilities Fund and are unclaimed at the end of the fiscal year, such remaining funds shall revert to the fund to which the taxes would have otherwise been originally deposited.

§16-5-8.3.

"It is the intent of the Legislature that all two-year and four-year institutions of higher education in the state comply with the intent of subsection (e) of Section 16-5-8 and the guidelines developed pursuant to it (unless otherwise exempted by subsection (e) of Section 16-5-8). In the event of noncompliance by any institution governed by a board of trustees established by the constitution with the statewide articulation agreement as provided in subsection (e) of Section 16-5-8, no other two-year or four-year institution shall be required to comply with the statewide articulation agreement. These two-year and four-year institutions shall continue to comply with all other provisions of Section 16-5-8. The Alabama Commission on Higher Education shall notify the Legislative Council Joint Committee on Legislative Operations, the governing body of each four-year institution, and the State Board of Education within 30 days of any failure to comply with subsection (e) of Section 16-5-8 or guidelines.

§16-6B-11.

"(a) The Legislature finds that the excessive paperwork required of teachers and other public education employees hinders the prime responsibility of public education: The education of the children of Alabama. The Legislature also finds that excessive and time-consuming reporting requirements levied on school systems requires automation in order to for timely reporting to occur. The Legislature further finds that the excessive paperwork required of teachers has become so burdensome that teachers do not have adequate time to prepare lesson plans or to devote individual attention to those students who require special assistance. The Legislature further finds that, for teachers to have time to teach, it is imperative that all unnecessary paperwork be eliminated from our public schools and necessary paperwork be automated to the maximum practical extent.

"(b) The Paperwork Reduction Committee is created. The membership of the committee shall consist of twenty persons as follows:

"(1) Ten members appointed by the Governor, including the chair of the committee and at least five members who are administrators or supervisors in a public school system. The chair of the committee shall call a meeting of the committee within 15 calendar days after June 11, 2001, and the committee shall determine rules and begin deliberations.

"(2) Ten persons appointed by the Executive Secretary of the Alabama Education Association.

"(c) The terms of office of the members of the committee shall commence on July 1, 2001, and continue through January 31, 2002. Thereafter, a new committee shall be appointed at the beginning of any new gubernatorial administration to serve from July 1 through March 31 of the year following appointment.

"(d)(1) The committee shall study the paperwork required of public school employees and prepare a report on how to reduce and automate that paperwork.

"(2) The State Department of Education shall provide all necessary assistance, including clerical support, to the committee in order for the committee to perform its work.

"(3) The State Superintendent of Education shall timely provide any information, reports, and documents to the committee from the State Department of Education and any local board of education, as requested by the committee.

"(4) The report or reports of the committee and any recommendations of the committee shall be delivered to the State Superintendent of Education and the Legislative Council not later than the first day of the applicable regular session of the Legislature.

"(5) Any action or inaction by the State Superintendent of Education, any local board of education, or any local superintendent of education in implementing the prior recommendations of the committee shall be reported in writing by the committee to the Legislative Council Joint Committee on Legislative Operations.

"(6) Upon the recommendation of the committee, the Legislative Council Joint Committee on Legislative Operations may require that further paperwork reduction and automation be implemented by the State Superintendent of Education and local education officials, if not in conflict with this code or the Constitution of Alabama of 1901.

"(7) The State Superintendent of Education shall expeditiously implement the recommendations of the Legislative Council Joint Committee on Legislative Operations.

§17-11-42.

"(a) If the committee determines a secure electronic means may be established for conducting overseas absentee voting, the Secretary of State shall promulgate rules proposed by the committee to provide that option to eligible overseas voters. The Secretary of State may veto any rule proposed by the committee, may resubmit any vetoed proposed rule to the committee, and may provide an alternative rule for consideration by the committee. In the event that the Secretary of State and the committee are unable to jointly recommend a rule, or are unable to agree on a rule, the Secretary of State shall submit both the proposed rule of the committee and the proposed rule of the Secretary of State to the Joint Committee on Administrative Regulation Review Legislative Operations for comment. The Joint Committee on Administrative Regulation Review Legislative Operations, after review, shall return the proposed rules, with comments, to the Secretary of State. The Secretary of State shall proceed to adopt a rule pursuant to the Alabama Administrative Procedure Act. The rules for conducting overseas absentee voting by secure remote electronic transmission shall authorize the absentee election manager, as defined in Section 17-11-2, to accept requests for absentee ballots and voted absentee ballots from overseas voters and provide a process for verifying the identity of a voter, ensuring the security of the transmission, accepting a voted ballot, and recording each ballot received.

"(b) Before overseas absentee voting may be conducted pursuant to this article, the committee, among other factors, shall consider all of the following:

"(1) A timetable and process for notifying eligible overseas voters of the availability of voting an absentee ballot by secure remote electronic transmission.

"(2) Detailed instructions to be given eligible overseas voters regarding voting by secure remote electronic transmission.

"(3) A timetable for the conduct of elections utilizing the electronic transmission of absentee ballots.

"(4) A method of providing blank ballots to overseas voters.

"(5) A method and criteria for returning overseas voted absentee ballots to the absentee election manager.

"(6) Procedures for ensuring the physical security of the remote voting site for receipt and transmission of blank and voted absentee ballots.

"(c) Pursuant to subsection (a), the Secretary of State, by rule adopted pursuant to the Alabama Administrative Procedure Act, shall establish minimum criteria to ensure the secure remote electronic transmission of election materials including, but not limited to:

"(1) The use of encrypted information, including, but not limited to, ballots, passwords, and both public and private encryption keys.

"a. A public or private key encryption methodology shall include key generation under the control of the Secretary of State.

"b. A password protected private key shall be held secure by the county appointing board and never transmitted or otherwise divulged by any means.

"c. A password protected private key that is unique for each eligible overseas voter to digitally sign the ballot for transmission and storage before decryption by the canvassing board.

"(2) The capability for auditing the secure remote voting application source code, and the capability for this application to be executed on a clean computer which, at a minimum, has a baseline operating system on its hard disk and no other software or driver installed.

"(3) The capability to secure access to and from the overseas voter and the voting server or the voting database platform, or both.

"(4) The verification of the authenticity of the identity of the overseas voter before granting access to the transmission of election material.

"(5) The capability for the overseas voter to determine that the secure transmission of election material was successful.

"(6) The capability for the absentee election manager to segregate rejected ballots before decryption.

"(7) The capability to record election material received by secure transmission.

"(8) The capability for the absentee election manager to produce a marked paper ballot for each vote cast by secure transmission.

§29-1-22.

"(a) For the fiscal year 1984-1985, and every year thereafter, there is hereby appropriated from any funds available in the State Treasury as determined by the budget officer for legislative services the amounts as prescribed herein. There is hereby appropriated a quarterly amount of $2,000,000.00 for all legislative costs, including personnel, office equipment, data processing and any expenditures incidental thereto. In any quarter, whenever unexpended funds fall below a balance of five percent of the aforementioned quarterly appropriation, an additional sum of $500,000.00 is hereby appropriated. Any moneys appropriated to the Legislative Department and any agency therein which are unexpended or unencumbered at the end of each fiscal year shall revert to the funds from which the appropriations were made be continuously re-appropriated to the Legislative Department and, except any money re-appropriated to the Speaker of the House or President Pro tempore of the Senate, are subject to re-allocation by the Joint Committee on Legislative Operations.

"(b) The Legislature will annually present its budget through the Clerk of the House of Representatives and the Secretary of the Senate Chief of Legislative Operations. Said The presentation shall include statements of previous expenditures and projected costs on forms as prescribed by the Finance Director and be made before the interim committee on finances and budgets Joint Committee on Legislative Operations.

§29-1-24.

"(a) This section may be referred to as the Ozone Transport Oversight Act of 1997.

"(b) The Legislature of the State of Alabama finds all of the following:

"(1) The Federal Clean Air Act, as amended, 42 U.S.C. 7401 et seq., contains a comprehensive regulatory scheme for the control of emissions from mobile and stationary sources.

"(2) Ozone and other air pollutants have declined substantially during the past 25 years throughout the United States due to implementation of the Clean Air Act, and additional air quality improvements will result as the 1990 Clean Air Act Amendments are implemented.

"(3) The Northeast Ozone Transport Commission ("OTC"), in an effort to remedy the serious ozone nonattainment conditions prevailing in urbanized areas of the Northeast, has proposed emission control requirements for stationary and mobile sources more stringent that those applicable to states outside of the Northeast Ozone Transport Region ("OTR"), including a petition to the U.S. Environmental Protection Agency ("EPA") concerning Low-Emitting Vehicle emission control requirements, and a Memorandum of Understanding concerning stationary source emission control requirements.

"(4) The OTC's initiatives, together with other local emission control actions, will help northeastern states to attain the national ambient air quality standard for ozone.

"(5) In response to concerns raised by certain northeastern states about the interstate transport of ozone, the U.S. EPA has convened the Ozone Transport Assessment Group ("OTAG"), involving representatives from 25 states to the west and south of the Northeast OTR, including Alabama, to consider means to reduce the atmospheric transport of ozone.

"(6) OTAG will develop recommendations in 1997 for emission control actions in states outside of the Northeast that may form the basis for U.S. EPA enforcement actions under the Clean Air Act, including the preparation and submission of state implementation plans calling for control actions in Alabama not specifically mandated by the Clean Air Act Amendments of 1990.

"(7) Computer modeling studies prepared by OTAG indicate all of the following:

"a. Ozone nonattainment is caused predominantly by local emission sources in densely populated urbanized areas.

"b. Emissions originating in Alabama do not contribute significantly to ozone nonattainment in other states or regions.

"c. Extreme emission controls imposed locally or in upwind areas would not permit some urban areas to demonstrate attainment of the current national ozone standard.

"(8) Emission controls for stationary and mobile sources under consideration by OTAG for states outside the Northeast are more stringent and more costly than those mandated by the Clean Air Act Amendments of 1990, and could impair the competitiveness of businesses and industries in Alabama, with negligible environmental benefits, and with adverse effects on employment and income in Alabama.

"(9) The emission control requirements under consideration by OTAG could impede economic development, to the detriment of the well-being of the citizens of Alabama and its economy.

"(10) Legislative oversight of proposed actions of OTAG, and related actions of U.S. EPA directly or indirectly affecting the citizens and economy of Alabama, is in the public interest.

"(c)(1) The Director of the Department of Environmental Management shall provide periodic reports to the Legislature on progress in the decision-making process of the Ozone Transport Assessment Group ("OTAG") convened by the U.S. Environmental Protection Agency, and shall submit any OTAG decisions or recommendations, together with an explanation thereof, as expeditiously as practicable to the Legislature for review and consideration.

"(2) Within a reasonable time following receipt of the OTAG decisions or recommendations, the appropriate Senate and House Committees on Commerce, Transportation and Utilities of the Legislature shall convene public hearings to receive comments from agencies of government and other interested parties on the prospective economic and environmental impacts of the decisions or recommendations, including impacts on energy use, the environment, economic development, transportation fuel costs, and industrial competitiveness.

"(d)(1) Upon the issuance of a request by the U.S. EPA for submission of a state implementation plan for Alabama related to ozone attainment, the Director of the Department of Environmental Management shall notify the Lieutenant Governor, the Speaker of the House, the Chair of the Senate Commerce, Transportation and Utilities Committee, and the Chair of the House Commerce, Transportation and Utilities Committee of the request, and shall provide them with a copy of any state implementation plan prepared pursuant to the request, not less than 60 days prior to the submission of the state implementation plan to U.S. EPA.

"(2) Within a reasonable time following receipt of the state implementation plan, the Senate and House Committees on Commerce, Transportation and Utilities of the Legislature shall convene public hearings to receive comments from agencies of government and other interested parties on the prospective economic and environmental impacts of the state implementation plan, including impacts on energy use, the environment, economic development, transportation fuel costs, and industrial competitiveness.

"(3) After completing the hearings required by subdivision (2) of subsection (c) and subdivision (2) of this subsection, the Senate and House Commerce, Transportation, and Utilities Committees will make a recommendation to the Joint Committee on Administrative Regulation Review Legislative Operations regarding the action it should take while performing its review of the revision to the plan.

§29-2-52.

"(a) The committee Joint Committee on Legislative Operations 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 Joint Committee on Legislative Operations 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 Joint Committee on Legislative Operations 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 Joint Committee on Legislative Operations 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 Joint Committee on Legislative Operations 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 Joint Committee on Legislative Operations 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 Joint Committee on Legislative Operations 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 Joint Committee on Legislative Operations 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 Joint Committee on Legislative Operations 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 joint committee shall include all of the following:

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

"(2) Provide 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 committee 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, 2013, absolute title and control of the State House property shall transfer to the Joint Committee on Legislative Operations 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.

"(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) The With the approval of the Senate Committee on Senate Administration, 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 committee in accordance with that of comparable positions established under the State Merit System pay plan.

"(f)The With the approval of the Senate Committee on Senate Administration, 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 committee 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, serve at the pleasure of the Senate, and 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.

"(b) The compensation of the Assistant Secretary of the Senate shall be fixed by the Secretary of the Senate. The Senate Committee on Senate Administration 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 Senate Committee on Senate Administration 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.

"(b) The Senate Committee on Senate Administration may use the Director of Human Resources in employing personnel pursuant to this section.

"(c) The elected members of the Legislative Council of the Senate of the State of Alabama Senate Committee on Senate Administration 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.

"(d) (c) 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) The (d) With the approval of the House Committee on House Administration, 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 committee in accordance with that of comparable positions established under the State Merit System pay plan.

"(f) The (e) With the approval of the House Committee on House Administration, 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 committee in accordance with that of comparable positions established under the State Merit System pay plan.

§29-4-32.

"(a) The compensation, benefits, and terms of employment of the Clerk of the House of Representatives and the Assistant Clerk of the House of Representatives shall be determined by the House Committee on House Administration, shall receive an annual salary of such amount as has heretofore or as may hereafter be fixed by law, and be payable as the salaries of other state officers or employees are paid.

"(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 Committee on House Administration 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 House Committee on House Administration 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 committee, all employees of the House of Representatives shall be under the control and supervision of the Clerk of the House of Representatives.

"(b) The House Committee on House Administration may use the Director of Human Resources in employing personnel pursuant to this section.

"(c) The members of the Legislative Council of the House of Representatives House Committee on House Administration 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 Joint Committee on Legislative Administration.

"(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 Senate Committee on Senate Administration and the members of the Legislative Council from the House of Representatives House Committee on House Administration 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 respective committees.

§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 Joint Committee on Legislative Operations. 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 Fiscal Office shall be selected and appointed by the Joint Fiscal Committee on Legislative Operations, upon the unanimous recommendation of the Chair of the House Ways and Means Committees (Education and General Fund) and the Chair of the Finance and Taxation Committees (Education and General Fund). 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 committee. 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 committee 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 on Legislative Operations, 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.

§29-7-2.

"The Legislative Reference Service shall be under the supervision, direction, and control of an officer designated as the Director of the Legislative Reference Service. The director shall be appointed by the Legislative Council provided for in Chapter 6 of this title Joint Committee on Legislative Operations at a salary determined by the Legislative Council Joint Committee on Legislative Operations, payable as the salaries of other state employees.

§29-7-4.

"(a) The Director of the Legislative Reference Service may hire, either subject to the State Merit System Law 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.

§29-7-6.

"(a) The Director of the Legislative Reference Service shall have all of the following powers and 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 he or she determines to be appropriate.

"(5) To prepare, when directed by the Legislature, a compilation or code of the statutes of Alabama.

"(6) To act as Code Commissioner in determining 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.

"(7) To enter into a printing contract on behalf of the State of Alabama, when approved and directed by the Legislative Council Joint Committee on Legislative Operations, to publish the official code of the statutes of Alabama.

"(8) To perform any other tasks related to service to the Legislature of Alabama as may be required by the Legislative Council Joint Committee on Legislative Operations.

"(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 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, the Lieutenant Governor, or the Governor. A request for assistance made by a member of the Legislative Council Joint Committee on Legislative Operations or a person authorized by a member of the Legislative Council Joint Committee on Legislative Operations shall be given priority over any other request. A request for assistance made by a member of the Legislature or a person authorized by a member of the Legislature shall be given priority over any other requests other than by members of the Legislative Council Joint Committee on Legislative Operations. The director may respond to other requests for assistance, including, but not limited to, requests from other state governments, as he or she determines to be in the best interests of the state.

"(c)(1) Communications concerning a request for assistance between the director and each officer and employee of the Legislative Reference Service and an individual authorized by this section to make a request for assistance shall be privileged and confidential. When responding to a request for assistance, the director and each officer and employee of the Legislative Reference Service shall maintain this privilege. All requests for assistance and the contents thereof, including, but not limited to, the fact a request was made, any materials related to the request, and any work product related to or arising from the request, shall be confidential and privileged until this privilege is waived. The privilege is waived when the Legislative Reference Service receives instructions to release the material from the member of the Legislature in whose name the request for assistance was made, or the Lieutenant Governor for a request for assistance made in the name of the Lieutenant Governor, or the Governor for a request for assistance made in the name of the Governor.

"(2) The introduction of a bill prepared by the Legislative Reference Service is a waiver of the privilege imposed by this subsection only with respect to the contents of the bill.

"(3) 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 for the purposes of this subsection.

"(d) In order that the purposes of this chapter shall be best served, each department and agency of State of Alabama government shall furnish to the Legislative Reference Service 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 State of Alabama government shall comply with requests for supplementary reports made by the Legislative Reference Service and approved by the Legislative Council Joint Committee on Legislative Operations. Each department and agency of State of Alabama government shall make its internal records available to the Legislative Reference Service upon request.

§29-7-10.

"(a) For the purposes of this section, "joint legislative operations" means 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.

"(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 state official who is a party to the litigation shall promptly notify the Chair of the Legislative Council Joint Committee on Legislative Operations and the Director of the Legislative Reference Service.

§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 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) 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) (1) The Attorney General of the State of Alabama or his or her designee.

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

"(8) (3) 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 provided the chair is not the President of the Alabama Law Institute.

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

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

"(10) (6) 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) (7) The attorney members of the Legislative Council of Alabama, together with the Secretary of the Legislative Council Joint Committee on Legislative Operations.

"(17) (8) 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.

"(9) The Speaker of the House.

"(10) The President Pro Tempore of the Senate.

"(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 (11) 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.

"(12) Such other members as the President of the Alabama Law Institute may determine.

"(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 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 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 President of the Alabama Law Institute shall appoint the director.

§29-8-3.

"The Board of Commissioners of the Alabama State Bar 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 State 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, In cooperation with the Code Commissioner, develop and implement a plan for continuous code revisions revision.

§29-8-5.

"The Alabama Law Institute, in submitting reports to the Legislature through the 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.

§30-3-8.

"(a) The Department of Human Resources, Child Support Enforcement Division, may establish a program for the publication, in newspapers with general circulation throughout the state, of a listing of 10 child support obligors in any county who are delinquent in their support payments. Each publication shall display photographs of and information about the 10 obligors in any county who are liable for support arrearages and whose whereabouts are unknown to child support agencies. Each publication shall list a toll-free telephone number for the division that may be called to report information regarding the whereabouts of any of the obligors displayed in the publication. The department may include any other information in the publication that it considers appropriate.

"(b) Prior to any publication or public listing, the Department of Human Resources shall send to each obligor whose name will be published pursuant to this section a notice by regular mail to the obligor's last known address. The notice shall state that the obligor may avoid being included in the publication pursuant to this section by doing all of the following within 90 days after receipt of notice:

"(1) Making a child support payment to the Department of Human Resources, Child Support Enforcement Division, that is at least equal to the amount of support the obligor is required to pay each month under the support order or a percentage of child support arrears owed by the obligor, whichever amount is greater.

"(2) Providing the division with the obligor's current address.

"(3) Providing the division with verification from each of the obligor's current employers of the obligor's current wages, salary, and other compensation.

"(4) Providing the division with verification that the obligor has arranged for withholding from the obligor's wages, salary, or other compensation to pay support and for payment of arrearages.

"(c) The division shall determine whether any obligor whose name will be published has met all of the conditions of subsection (b). If the division determines that an obligor has done so, the division shall remove the obligor from the list of obligors before making the final selection of obligors for publication.

"(d) The Department of Human Resources, Child Support Enforcement Division, shall distribute for publication and post on the DHR website at a minimum of twice a year or monthly as deemed appropriate by the division, the obligors who are to appear in publication.

"(e) The Department of Human Resources, Child Support Enforcement Division, shall adopt rules and regulations pursuant to the Alabama Administrative Procedure Act for the operation of the program. The rules shall specify the following:

"(1) Criteria for the division to use in reviewing the names of obligors for publication and for selecting the delinquent obligors to be included in the publication.

"(2) Criteria for providing the notice specified in subsection (b).

"(3) Notification that the obligor is responsible for all costs for the publication.

"(4) The department must design a system of safeguards which protect innocent parties. Such safeguards and procedures must be approved by the Legislative Council Joint Committee on Legislative Operations within one year of passage.

"(5) Any other criteria necessary for the operation of the program.

"(f) The Department of Human Resources and its employees and agents and any newspaper publishing any information pursuant to this section, if such actions are done in a reasonable manner, shall be immune from any civil or criminal liability that might otherwise be imposed or incurred in carrying out the provisions of this section.

§33-2-185.

"Docks facilities revenue bonds and refunding bonds may be sold by the department from time to time in series, and if sold in more than one series may all be authorized in one initial order of the director with the pledges therefor made in such initial order, notwithstanding that details applicable to each series may be specified in the respective orders under which such series are issued. Each series of the docks facilities revenue bonds or refunding bonds may be sold at public or private sale, as determined by the director, at such price or prices as the director shall determine, and if sold at public sale either on sealed bids or at public auction, to the bidder whose bid reflects the lowest true interest cost to the department for the series of the docks facilities revenue bonds or refunding bonds being sold, computed from the date of those at the time being sold to their respective maturities and taking into account any premium or discount named in the bid therefor; provided, that if in the event of public sale of the docks facilities revenue bonds or refunding bonds no bid acceptable to the department is received it may reject all bids. Notice or summary notice of each public sale shall be given by publication in either a financial journal or a financial newspaper published in the City of New York, New York, and also by publication in a newspaper published in the state which is customarily published not less than five days during each calendar week, each of which notices or summary notices must be published at least one time not less than 10 days prior to the date fixed for the sale. The director may fix the terms and conditions under which each such sale may be held; provided, that such terms and conditions shall not conflict with any of the requirements of this article. At least thirty (30) days prior to the publication of notice or summary notice of the public sale, the department shall notify the Governor, the Lieutenant Governor, the Speaker of the House of Representatives and the members of the Legislative Council Joint Committee on Legislative Operations of the proposed use of the bond proceeds from the sale of bond. Approval by the Governor of the terms and conditions under which any of the docks facilities revenue bonds or refunding bonds may be issued shall be requisite to their validity. The Governor's approval shall be in writing and shall be entered on the order of the director in which the series of the docks facilities revenue bonds or refunding bonds proposed to be issued are authorized or sold. Such approval by the Governor may be shown on any series of the docks facilities revenue bonds or refunding bonds by a facsimile of his signature printed or otherwise reproduced thereon when authorization of such action is contained in the approval signed by him. Neither a public hearing nor consent by the Department of Finance of the state or any other department or agency shall be a prerequisite to the issuance of any of the docks facilities revenue bonds or refunding bonds.

§34-14B-5.

"The applicant shall pay to the Building Commission a registration or renewal fee of three hundred dollars ($300) per calendar year; provided, however, that the registration or renewal fee may be adjusted by the Building Commission as may be necessary to cover the costs and expenses of performing the duties of the Building Commission as required by this chapter, it being intended that the registration and renewal fees shall not produce a profit to the State of Alabama. Prior to any adjustment to the registration or renewal fee, the Building Commission shall certify to the Legislative Council of the Legislature Joint Committee on Legislative Operations that the adjustment is necessary in order to comply with the provisions of this chapter. All moneys received by the Building Commission pursuant to this chapter shall be used to administer this chapter.

§36-7-24.

"(a) The departments and agencies of the State of Alabama are hereby authorized to prepay to employees of those departments and agencies an amount of money to be determined by the appointing authority of the various departments and agencies to pay necessary travel expenses for any one period of travel for such employees on authorized official state business inside or outside the State of Alabama. Such payment shall be made in accordance with rules and regulations promulgated by the state Comptroller and approved by the Chief Examiner of Public Accounts. Provided, that the state Comptroller, in accordance with the procedure provided above, shall establish the maximum amount that may be prepaid for any officer or employee for any one period of travel.

"(b) The Department of Examiners of Public Accounts shall examine the expenditure of funds used in accordance with subsection (a) annually and report its findings to the Joint Legislative Committee on Public Accounts Legislative Operations.

§36-7-25.

"(a) The state Comptroller, with the approval of the Chief Examiner of Public Accounts, may adopt rules and regulations to provide for the prepayment of travel expenses for state officers and employees traveling on authorized official state business. No traveler shall have expenses for any one period of travel prepaid for him in excess of any amount established according to the rules and regulations provided above, provided, that the amount of expenses authorized to be prepaid for any one period of travel may vary based on the needs of the various state departments and agencies.

"(b) The Department of Examiners of Public Accounts shall examine the expenditure of funds used in accordance with subsection (a) annually and report its findings to the Joint Legislative Committee on Public Accounts Legislative Operations.

§36-13-30.

"There is hereby created in the State Treasury a fund to be known as the Governor's Contingency Fund. Said The fund shall be expended under the direction of the Governor, at his the discretion of the Governor, and shall be accounted for by him the Governor to the Legislature at each session; provided, however, that the Governor shall file with the Legislative Council Joint Committee on Legislative Operations on a monthly basis a list of all expenditures made by him from said the fund.

§36-25-4.2.

"(a) At the beginning of each legislative quadrennium, the State Ethics Commission shall provide for and administer training programs on the State Ethics Law for members of the Legislature, state constitutional officers, cabinet officers, executive staff, municipal mayors, council members and commissioners, county commissioners, and lobbyists.

"(1) The training program for legislators shall be held at least once at the beginning of each quadrennium for members of the Legislature. An additional training program shall be held if any changes are made to this chapter, and shall be held within three months of the effective date of the changes. The time and place of the training programs shall be determined by the Executive Director of the State Ethics Commission and the Legislative Council Joint Committee on Legislative Operations. Each legislator must attend the training programs. The State Ethics Commission shall also provide a mandatory program for any legislator elected in a special election within three months of the date that the legislator assumes office.

"(2) The training program for the state constitutional officers, cabinet members, and executive staff, as determined by the Governor, shall be held within the first 30 days after the Governor has been sworn into office. An additional training program shall be held if any changes are made to this chapter, and shall be held within three months of the effective date of the changes. The specific date of the training program shall be established by the Executive Director of the State Ethics Commission with the advice of the Governor and other constitutional officers.

"(3) The training program for lobbyists shall be held four times annually as designated by the Executive Director of the State Ethics Commission, the first of which shall be held within the first 30 days of the year. Each lobbyist must attend a training program within 90 days of registering as a lobbyist. A lobbyist who fails to attend a training program shall not be allowed to lobby the Legislature, Executive Branch, Judicial Branch, public officials, or public employees. After attending one training program, a lobbyist shall not be required to attend an additional training program unless any changes are made to this chapter. Such additional mandatory training program shall be held within three months of the effective date of the changes.

"(4) All municipal mayors, council members and commissioners, county commissioners, and members of any local board of education in office as of January 1, 2011, shall obtain training within 120 days of that date. Thereafter, all municipal mayors, council members and commissioners, and county commissioners shall obtain training within 120 days of being sworn into office. Training shall be available online and may be conducted either online or in person. Evidence of completion of the training shall be provided to the commission via an electronic reporting system provided on the official website. The scheduling of training opportunities for municipal mayors, council members and commissioners, and county commissioners shall be established by the Executive Director of the State Ethics Commission with the advice and assistance of the Alabama League of Municipalities and the Association of County Commissions of Alabama. Any provision of this section to the contrary notwithstanding, the training for county commissioners required by this subdivision shall be satisfied by the successful completion of the 10-hour course on ethical requirements of public officials provided by the Alabama Local Government Training Institute established pursuant to Article 2 of Chapter 3 of Title 11. The Alabama Local Government Training Institute shall quarterly provide written notice to the State Ethics Commission the names of those county commissioners completing the institute's program.

"(b) The curriculum of each session and faculty for the training program shall be determined by the Executive Director of the State Ethics Commission. The curriculum shall include, but not be limited to, a review of the current law, a discussion of actual cases and advisory opinions on which the State Ethics Commission has ruled, and a question and answer period for attendees. The faculty for the training program may include the staff of the State Ethics Commission, members of the faculties of the various law schools in the state, and other persons deemed appropriate by the Executive Director of the State Ethics Commission and shall include experts in the field of ethics law, persons affected by the ethics law, and members of the press and media.

"(c) Except as provided herein, attendance at any session of the training program shall be mandatory, except in the event the person is suffering a catastrophic illness.

"(d) This section shall not preclude the penalizing, prosecution, or conviction of any member of the Legislature, any public official, or public employee prior to such person attending a mandatory training program.

"(e) All public employees required to file the Statement of Economic Interests required by Section 36-25-14, no later than May 1, 2011, shall participate in an online educational review of the Alabama Ethics Law provided on the official website of the commission. Employees hired after January 1, 2011, shall have 90 days to comply with this subsection. Evidence of completion of the educational review shall be provided to the commission via an electronic reporting system provided on the official website.

§38-7A-4.

"The commission may publicize and hold public hearings and review suggestions from parents of children utilizing child care services, providers of the services, and other interested parties, including representatives of nongovernmental entities, child development specialists, and professionals in child care related fields. The commission shall make an annual written report to the Legislative Council Joint Committee on Legislative Operations, the Governor, and the Department of Human Resources of its findings and recommendations in regard to issues affecting licensed child day care. The report shall be made available to the public upon the payment of reasonable costs for providing a copy thereof.

§40-2-9.

"The Department of Revenue is hereby authorized to prepay to employees of the department an amount of money to be determined by the Commissioner of Revenue to pay necessary travel expenses for such employees on authorized official state business outside the State of Alabama. Such payment shall be made in accordance with rules and regulations promulgated by the Commissioner of Revenue and approved by the Governor and the Chief Examiner of Public Accounts. No traveler shall have expenses prepaid in excess of four thousand dollars ($4,000) for any one period of travel, nor shall the expenses so prepaid exceed twenty thousand dollars ($20,000) in the aggregate for all travelers at any time.

"The Department of Examiners of Public Accounts shall examine the expenditure of funds used in accordance with this section annually and report its findings to the Legislative Joint Committee on Public Accounts Legislative Operations.

§40-23-203.

"(a) The commission shall make a preliminary written report of its recommended implementation plan regarding necessary systems and programs within three months of the initial meeting of the commission. The preliminary report approved by the commission shall be distributed for comment to the department, all Alabama counties and municipalities, the Business Council of Alabama, and the Alabama Retail Association. The report shall also be posted on the website of the Department of Revenue at all times during the comment period with information about how persons or entities can provide comment to the commission. Any comments from persons, entities, and organizations shall be submitted in writing to the commission within 45 days of the date distributed and posted. The commission shall review all written comments and make changes to its preliminary report as it deems appropriate.

"(b) The commission shall make and file with the Legislature a final written report of its recommended implementation and administrative supervision of needed systems, programs, and procedures necessary to bring the state into compliance with the agreement no later than the fifth legislative day of the 2012 Regular Session of the Legislature. The report shall include proposed plans and estimated costs for implementation of the systems identified and developed pursuant to Section 40-23-202.

"(c) If ratified and approved by the Legislative Council Joint Committee on Legislative Operations, the recommendations of the commission shall be implemented and administered only in the event that federal legislation adopting the Streamline Sales and Use Tax Agreement or the general concepts of the agreement which include a requirement that remote sellers collect and remit sales and use taxes to member states, becomes law.

§41-5-3.

"(a) The affairs of the department shall be administered by a Chief Examiner, whose actions shall be supervised and controlled by a Legislative the Joint Committee on Public Accounts Legislative Operations. The At the end of the term of the Chief Examiner of Public Accounts serving on the effective date of this act adding this provision or upon a vacancy in the office of Chief Examiner prior to that date, the Chief Examiner shall be selected and appointed by the Legislative Joint Committee on Public Accounts Legislative Operations to serve for a term of seven four years and until his a successor is appointed and qualified. The first of such terms shall commence on October 1, 1947, and such officer shall be eligible for reappointment to such office for such subsequent term of like duration as shall be deemed appropriate by the Legislative Committee on Public Accounts. Vacancies in the office of Chief Examiner arising from any cause shall be filled by the Legislative Committee on Public Accounts committee, the person so appointed to hold office for the unexpired term of his the predecessor. Every appointment of the Chief Examiner shall be subject to confirmation by the Senate at the first regular or special session of the Legislature held thereafter; provided, however, that this shall not affect the right or authority of the Chief Examiner to act pending senatorial confirmation or rejection.

"(b) The Chief Examiner may be removed from office through impeachment proceedings instituted before the Supreme Court by the Legislative Joint Committee on Public Accounts Legislative Operations, the Governor or by charges preferred by not less than 15 members of the Legislature for any of the causes enumerated in Section 173 of the Constitution of Alabama 1901, such proceedings to be conducted in accordance with the provisions of Sections 36-11-7 through 36-11-12.

§41-5-6.

"The Chief Examiner shall be the executive and administrative head of the department and shall have the power and duty to do all of the following:

"(1) Exercise general supervision of and make regulations for the government governance of the department;.

"(2) Prescribe uniform rules pertaining to investigations, examinations, audits and departmental hearings;.

"(3) Supervise the fiscal affairs and responsibilities of the department as the Joint Committee on Legislative Operations shall provide;.

"(4) Appoint and remove the officers and employees of the department, subject to the provisions of the Merit System Act and the rules and regulations issued pursuant thereto;.

"(5) Keep an accurate and complete record of all departmental proceedings, record and file all bonds, reports and other documents and assume responsibility for the custody and preservation of all papers and documents of the department;

"(6)(5) Make recommendations and an annual report to the Governor and to the Legislative Joint Committee on Public Accounts Legislative Operations concerning the condition, operation, functioning and findings of the department;.

"(7)(6) Invoke any legal, equitable or special remedy for the enforcement of orders or the provisions of this chapter;.

"(8)(7) Exercise any other power necessary to expedite the making of thorough and accurate audits of the accounts of all persons receiving or disbursing public funds;.

"(9)(8) Examine and audit the books, accounts and records of all state and county offices, officers, bureaus, boards, commissions, corporations, departments and agencies;.

"(10)(9) Prepare, except with respect to county boards of education, such bookkeeping, accounting and reporting systems, procedures, records and forms as may be necessary to install a uniform system of accounting and reporting in the various state and county offices;.

"(11)(10) Report to the Legislative Joint Committee on Public Accounts Legislative Operations and the Governor every expenditure or contract found to have been made in violation of law;.

"(12)(11) Prepare, for use by the county boards of education, such bookkeeping, accounting and reporting systems, procedures, records and forms as may be necessary to the installation of a uniform system of accounting and reporting by the several county boards of education, install such bookkeeping, accounting and reporting systems in and for such county boards of education and exercise and maintain continuing supervision thereof; and.

"(13)(12) Prepare and furnish to the chairmen of the county commissions of the several counties of the state a fiscal statement of each county, as of the end of each fiscal year, said statement showing receipts, disbursements, outstanding indebtedness and securities owned of and by each of the several counties.

§41-5-9.

"(a) The At the end of the term of the Chief Examiner of Public Accounts serving on the effective date of the act adding this provision or upon a vacancy in the office of the Chief Examiner prior to that date, the salary of the Chief Examiner of public accounts Public Accounts shall be fixed from time to time by the Legislative Joint Committee on Public Accounts Legislative Operations.

"(b) The salary of the assistant chief examiner shall be fixed by the Chief Examiner at an amount not to exceed $1,000.00 less than the amount fixed by the Legislative Committee on Public Accounts as the salary for the Chief Examiner. The salary of the Assistant Chief Examiner shall be fixed by the Chief Examiner at an amount approved by the Joint Committee on Legislative Operations.

"(c) The compensation for the Chief Examiner and the assistant chief examiner shall be paid out of funds appropriated to the Department of Examiners of Public Accounts and in the same manner as salaries of other officers and employees are paid.

§41-9-374.

"(a) From funds appropriated to 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.

"(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 upon approval of the Joint Committee on Legislative Operations.

"(b) 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.

"(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.

§41-9-715.

"(a) There is continuously appropriated out of funds in the State Treasury, not otherwise appropriated, the sum of not less than $200,000, for the operation of the commission, which funds shall be disbursed in accordance with a financial management system approved by the Legislative Council Joint Committee on Legislative Operations.

"(b) The commission may accept any surplus property from other government agencies and shall be exempt from paying the surplus property surcharge of the Alabama Department of Economic and Community Affairs.

§41-10-44.5.

"The criteria promulgated by the authority for the selection of approved companies shall be subject to prior approval by the Legislative Council Joint Committee on Legislative Operations. The Legislative Council Joint Committee on Legislative Operations shall approve or disapprove the general criteria proposed by the authority within 30 days after the submission of said the criteria to the Legislative Council Joint Committee on Legislative Operations. The authority shall report quarterly to the Legislative Council Joint Committee on Legislative Operations on each project approved pursuant to such criteria, the amount of the financing provided to each approved company, the projected value of the tax incentives granted to each approved company, and any other specific information requested by the Legislative Council Joint Committee on Legislative Operations.

§41-16-27.

"(a) When purchases are required to be made through competitive bidding, award shall, except as provided in subsection (f), be made to the lowest responsible bidder taking into consideration the qualities of the commodities proposed to be supplied, their conformity with specifications, the purposes for which required, the terms of delivery, transportation charges and the dates of delivery provided, that the awarding authority may at any time within 30 days after the bids are opened negotiate and award the contract to anyone, provided he secures a price at least five percent under the low acceptable bid. The award of such a negotiated contract shall be subject to approval by the Director of Finance and the Governor, except in cases where the awarding authority is a two-year or four-year college or university governed by a board. The awarding authority or requisitioning agency shall have the right to reject any bid if the price is deemed excessive or quality of product inferior. Awards are final only after approval of the Purchasing Agent.

"(b) The awarding authority may award multiple purchase contracts resulting from a single invitation-to-bid where the specifications of the items of personal property intended to be purchased by a requisitioning agency or agencies are determined, in whole or in part, by technical compatibility and operational requirements. In order to make multiple awards under this provision, the awarding authority must include in the invitation-to-bid a notice that multiple awards may be made and the specific technical compatibility or operational requirements necessitating multiple awards. Multiple awards of purchase contracts with unique technical compatibility or operational specifications shall be made to the lowest responsible bidder complying with the unique technical compatibility or operational specifications. The requisitioning agency shall provide the awarding authority with the information necessary for it to determine the necessity for the award of multiple purchase contracts under this provision.

"This subsection (b) shall not apply to contracts for the purchase of personal property for which a service or service contract, whether subject to competitive bidding under this article or not, is necessary to utilize the personal property throughout the period of utilization of the personal property.

"(c) Each bid, with the name of the bidder, shall be entered on a record. Each record, with the successful bid indicated thereon and with the reasons for the award if not awarded to the lowest bidder shall, after award of the order or contract, be open to public inspection.

"(d) The Purchasing Agent in the purchase of or contract for personal property or contractual services shall give preference, provided there is no sacrifice or loss in price or quality, to commodities produced in Alabama or sold by Alabama persons, firms, or corporations.

"(e)(1) Contracts for the purchase of personal property or contractual services other than personal services shall be let by competitive bid for periods not greater than five years and current contracts existing on February 28, 2006, may be extended or renewed for an additional two years with a 90-day notice of such extension or renewal given to the Legislative Council, however, any contract that generates funds or will reduce annual costs by awarding the contract for a longer term than a period of three years which is let by or on behalf of a state two-year or four-year college or university may be let for periods not greater than 10 years. Any contract awarded pursuant to this section for terms of less than 10 years may be extended for a period not to exceed 10 years from the initial awarding of the contract provided that the terms of the contract shall not be altered or renegotiated during the period for which the contract is extended.

"(2) For purchases of personal property made on or after January 1, 2010, in instances in which the awarding authority determines that the total cost of ownership over the expected life of the item or items, including acquisition costs plus sustaining costs, and including specifically life cycle costs, can be reasonably ascertained from industry recognized and accepted sources, the lowest responsible bid may be determined to be the bid offering the lowest life cycle costs and otherwise meeting all of the conditions and specifications contained in the invitation to bid. To utilize this provision to determine the lowest responsible bidder, the awarding authority must include a notice in the invitation to bid that the lowest responsible bid may be determined by using life cycle costs and identify the industry recognized and accepted sources that will be applicable to such an evaluation.

"(3) Industry recognized and accepted sources may be provided by rules adopted pursuant to the Alabama Administrative Procedure Act by the Green Fleets Review Committee if the review committee is established and enacted at the 2009 Regular Session. If the Green Fleets Review Committee is not enacted at the 2009 Regular Session, the Permanent Joint Legislative Committee on Energy Policy may adopt rules providing industry recognized and accepted sources, pursuant to the Alabama Administrative Procedure Act.

"(f) Contracts for the purchase of services for receiving, processing, and paying claims for services rendered recipients of the Alabama Medicaid program authorized under Section 22-6-7 which are required to be competitively bid may be awarded to the bidder whose proposal is most advantageous to the state, taking into consideration cost factors, program suitability factors (technical factors) including understanding of program requirements, management plan, excellence of program design, key personnel, corporate or company resources and designated location, and other factors including financial condition and capability of the bidder, corporate experience and past performance and priority of the business to insure the contract awarded is the best for the purposes required. Each of these criteria shall be given relative weight value as designated in the invitation to bid, with price retaining the most significant weight. Responsiveness to the bid shall be scored for each designated criteria. If, for reasons cited above, the bid selected is not from the lowest bidding contractor, the Alabama Medicaid Agency shall present its reasons for not recommending award to the low bidder to the Medicaid Interim Committee. The committee shall evaluate the findings of the Alabama Medicaid Agency and must, by resolution, approve the action of the awarding authority before final awarding of any such contract. The committee shall also hear any valid appeals against the recommendation of the Alabama Medicaid Agency from the low bid contractor(s) whose bid was not selected.

"(g) Notwithstanding the requirements under Sections 41-16-20, 41-16-21, and this section, contractual services and purchases of personal property regarding the athletic department, food services, and transit services negotiated on behalf of two-year and four-year colleges and universities may be awarded without competitive bidding provided that no state revenues, appropriations, or other state funds are expended or committed and when it is deemed by the respective board that financial benefits will accrue to the institution, except that in the cases where an Alabama business entity as defined by this section is available to supply the product or service they will have preference unless the product or service supplied by a foreign corporation is substantially different or superior to the product or service supplied by the Alabama business entity. However, the terms and conditions of any of the services or purchases which are contracted through negotiation without being competitively bid and the name and address of the recipient of such a contract shall be advertised in a newspaper of general circulation in the municipality in which the college or university is located once a week for two consecutive weeks commencing no later than 10 days after the date of the contract. For the purposes of this section, the term Alabama business entity shall mean any sole proprietorship, partnership, or corporation organized in the State of Alabama.

"(h)(1) For purchases of motor vehicles by the state made on or after January 1, 2010, the lowest responsible bid may be determined to be a bid offering the lowest life cycle costs, if it is determined that the total cost of ownership over the expected life of a motor vehicle, including acquisition costs plus maintenance costs, including specifically life cycle costs, can be reasonably ascertained from industry recognized and accepted sources. The lowest responsible bid shall otherwise meet all of the conditions and specifications contained in the invitation to bid. To utilize this provision to determine the lowest responsible bidder, the state must include a notice in the invitation to bid that the lowest responsible bid may be determined by using life cycle costs and identify the industry recognized and accepted sources that will be applicable to such an evaluation.

"(2) Industry recognized and accepted sources may be provided by rules adopted pursuant to the Alabama Administrative Procedure Act by the Green Fleets Review Committee if the review committee is established and enacted at the 2009 Regular Session. If the Green Fleets Review Committee is not enacted at the 2009 Regular Session, the Permanent Joint Legislative Committee on Energy Policy may adopt rules providing industry recognized and accepted sources pursuant to the Alabama Administrative Procedure Act.

"(i) When a single invitation-to-bid specifies a set of deliverables that would be capable of division into separate, independent contracts, the awarding authority, at its discretion, may award a secondary contract for any subset of such deliverables, not to exceed 20 percent of the original contract value, to any Alabama business certified under the Federal HUBZone program whose properly submitted responsible bid does not exceed five percent of the lowest responsible bid. In order to make a secondary award under this provision, the awarding authority shall include in the invitation-to-bid a notice that a secondary award may be made.

§41-16-82.

"(a) This article shall only apply in cases where the proposed grant or proposed contract at issue exceeds five thousand dollars ($5,000).

"(b) All persons who, for the purpose of direct financial gain, submit a proposal, bid, contract, or grant proposal to the State of Alabama, shall include a disclosure statement developed by the Attorney General and approved by the Legislative Council Joint Committee on Legislative Operations. The disclosure statement shall not be required for contracts for gas, water, and electric services where no competition exists, or where rates are fixed by law or ordinance. In circumstances where a contract is awarded by competitive bid, the disclosure statement shall be required only from the person receiving the contract and shall be submitted within 10 days of the award.

§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 on Legislative Operations 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 on Legislative Operations 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.

§41-20-4.

"(a) A select joint committee, known as the Sunset Committee, shall be constituted as follows:

"(b) Three members of the House and three members of the Senate shall be elected in the same manner as the elected members of the Legislative Council by the respective houses: two from the Alabama Senate and two from the Alabama House of Representatives shall be appointed by the presiding officer of said the elected bodies; and the President Pro Tempore of the Senate and the Speaker Pro Tem of the House of Representatives. The chairman shall be elected from among the members of the committee, alternating annually between a House member and a Senate member. Any vacancy in the Sunset Committee shall be filled through appointment by the presiding officer of the elected body having the vacancy.

"(c) Said The select joint committee shall be charged with the duty of assisting in the implementation of the procedures of this chapter and shall be charged with the duty of establishing administrative procedures which shall facilitate the review and the evaluation procedure as provided for in this chapter.

"(d) The Sunset committee shall submit its report and any accompanying legislation to the offices of the speaker and the president for distribution to legislators and the Governor on or before the first legislative day of the ensuing regular legislative session.

"(e) The Sunset committee members shall be entitled to their usual legislative per diem and expenses for attending meetings of the committee, which shall be paid from funds appropriated for the payment of the expenses of the Legislature. There shall be no limitation upon the number of days the Sunset committee or any subcommittee thereof shall meet; provided, however, the members shall be entitled to payment only for the days they are actually engaged in committee business.

§41-21-4.

"(a) Any contract to publish the official code of the statutes of Alabama under Section 29-7-6 may relate to any medium or form of the code and shall not be subject to the competitive bid laws of the state, including, but not limited to, Article 2 (commencing with Section 41-16-20) and Article 3 (commencing with Section 41-16-50) of Chapter 16 of this title.

"(b) A person under contract with the state to publish the official code of the statutes of Alabama may sell the code or any portion of the code, in any form or medium, pursuant to the contract to any person, firm, or corporation within or outside the state, if it is sold at prices determined and fixed by the publisher and the Legislative Council Joint Committee on Legislative Operations.

§41-21-7.

"The Code Commissioner may contract for the preparation and publication of a compilation or abridgment in any form or medium of those sections of the Code of Alabama relating to a specific agency, department, institution, bureau, board, commission, or subject which, in the opinion of the Legislative Council Joint Committee on Legislative Operations, is essential to the effective performance of the duties of the agency, department, institution, bureau, board, or commission requesting the publication. A contract for the publication of a compilation or abridgment may be entered into only after funds have been appropriated or are otherwise available to the agency, department, institution, bureau, board, or commission for the publication. The compilation may be completely indexed and may include the annotations to the sections of the code included in the compilation.

§41-22-3.

"The following words and phrases when used in this chapter shall, for the purpose of this chapter, have meanings respectively ascribed to them in this section, except when the context otherwise requires:

"(1) AGENCY. Every board, bureau, commission, department, officer, or other administrative office or unit of the state, including the Alabama Department of Environmental Management, other than the Legislature and its agencies, the Alabama State Port Authority, the courts, the Alabama Public Service Commission, or the State Banking Department, whose administrative procedures are governed by Sections 5-2A-8 and 5-2A-9. The term shall not include boards of trustees of postsecondary institutions, counties, municipalities, or any agencies of local governmental units, unless they are expressly made subject to this chapter by general or special law.

"(2) COMMITTEE. The Joint Committee on Administrative Regulation Review shall be the members of the Legislative Council Legislative Operations.

"(3) CONTESTED CASE. A proceeding, including but not restricted to ratemaking, price fixing, and licensing, in which the legal rights, duties, or privileges of a party are required by law to be determined by an agency after an opportunity for hearing. The term shall not include intra-agency personnel actions; shall not include those hearings or proceedings in which the Alabama Board of Pardons and Paroles considers the granting or denial of pardons, paroles or restoration of civil and political rights or remission of fines and forfeitures; and which are exempt from Sections 41-22-12 through 41-22-21, relating to contested cases.

"(4) LICENSE. The whole or part of any agency franchise, permit, certificate, approval, registration, charter, or similar form of permission required by law, but not a license required solely for revenue purposes when issuance of the license is merely a ministerial act.

"(5) LICENSING. The agency process respecting the grant, denial, renewal, revocation, suspension, annulment, withdrawal, or amendment of a license or imposition of terms for the exercise of a license.

"(6) PARTY. Each person or agency named or admitted as a party or properly seeking and entitled as a matter of right, whether established by constitution, statute, or agency regulation or otherwise, to be admitted as a party, or admitted as an intervenor under Section 41-22-14. An agency may by rule authorize limited forms of participation in agency proceedings for persons who are not eligible to become parties.

"(7) PERSON. Any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than an agency.

"(8) QUORUM. No less than a majority of the members of a multimember agency shall constitute a quorum authorized to act in the name of the agency, unless provided otherwise by statute.

"(9) RULE. Each agency regulation, standard, or statement of general applicability that implements, interprets, or prescribes law or policy, or that describes the organization, procedure, or practice requirements of any agency and includes any form which imposes any requirement or solicits any information not specifically required by statute or by an existing rule or by federal statute or by federal rule or regulation; provided, however, all forms shall be filed with the secretary of the agency and with the Legislative Reference Service and all forms, except intergovernmental, interagency, and intra-agency forms which do not affect the rights of the public and emergency forms adopted pursuant to Section 41-22-5, shall be published in the Agency Administrative Code. The term includes the amendment or repeal of all existing rules, but does not include any of the following:

"a. Statements concerning only the internal management of an agency and not affecting private rights or procedures available to the public.

"b. Declaratory rulings issued pursuant to Section 41-22-11.

"c. Intergovernmental, interagency, and intra-agency memoranda, directives, manuals, or other communications which do not substantially affect the legal rights of, or procedures available to, the public or any segment thereof.

"d. Determinations, decisions, orders, statements of policy, and interpretations that are made in contested cases.

"e. An order which is directed to a specifically named person or to a group of specifically named persons which does not constitute a general class, and the order is served on the person or persons to whom it is directed by the appropriate means applicable thereto. The fact that the named person who is being regulated serves a group of unnamed persons who will be affected does not make the order a rule.

"f. An order which applies to a specifically described tract of real estate.

"g. Any rules or actions relating to any of the following:

"1. The conduct of inmates of public institutions and prisoners on parole.

"2. The curriculum of public educational institutions or the admission, conduct, discipline, or graduation of students of the institutions; provided, however, that this exception shall not extend to rules or actions of the State Department of Education.

"3. Opinions issued by the Attorney General of the State of Alabama.

"4. The conduct of commissioned officers, warrant officers, and enlisted persons in the military service.

"5. Advisory opinions issued by the Alabama Ethics Commission.

"6. Hunting and fishing seasons or bag or creel limits promulgated by the Commissioner of the Department of Conservation and Natural Resources.

"h. Standards, specifications, codes, plans, manuals, and publications used in the design, construction, repair, and maintenance of highways, roads, and bridges under the jurisdiction of the Department of Transportation.

§41-22-22.

"(a) There shall be a joint standing legislative committee known as the Joint Committee on Administrative Regulation Review, to The Joint Committee on Legislative Operations shall review all agency rules. The committee shall consist of the members of the Legislative Council, including any member of the Legislative Council temporarily serving in the place of a permanent member, and shall meet on the call of the chair. The chair may name subcommittees to meet and review agency rules and report to the full committee. A quorum of the committee shall be the same as a quorum for the Legislative Council as set forth in Section 29-6-3. Members of the committee shall receive the same compensation, expenses, and transportation allowances for meetings as they receive for attendance at meetings of the Legislative Council. All compensation and expenses authorized by this section shall be paid from funds appropriated to the use of the Legislative Council.

"(b) The committee shall do all of the following:

"(1) Maintain a continuous review of the statutory authority on which each administrative rule is based, and whenever the authority is eliminated or significantly changed by repeal, amendment, or other factor, advise the agency concerned of the fact.

"(2) Review administrative rules and advise the agencies concerned of its findings.

"(3) Have the further duties prescribed in Section 41-22-23.

"(4) The committee shall determine and report annually to the Legislature the total cost to the state allocated to the implementation of this chapter.

§41-22-23.

"(a) The notice required by subdivision (a)(1) of Section 41-22-5 shall be given, in addition to the persons therein named, to the chair of the legislative committee. The agency shall furnish the committee with 33 copies of the proposed rule or rules, and no rule, except an emergency rule issued pursuant to subsection (b) of Section 41-22-5 shall be effective until these copies are so furnished. Any member of the Senate or House of Representatives who requests a copy of proposed agency rules from the Chair of the Joint Committee on Administrative Regulation Review Legislative Operations shall be provided a copy and the agency proposing rules shall furnish additional copies of the proposed rule or rules immediately. The form of the proposed rule presented to the committee shall be as follows: New language shall be underlined and language to be deleted shall be typed and lined through.

"(b) The committee shall study all proposed rules and may hold public hearings thereon. In the event the committee fails to give notice to the agency of either its approval or disapproval of the proposed rule within 35 days after filing of the adopted rule with the Legislative Reference Service pursuant to Section 41-22-6, the committee shall be deemed to have approved the proposed regulation for the purposes of this section. In the event the committee disapproves a proposed rule or any part thereof, it shall give notice of the disapproval to the agency. Any disapproved rule shall be suspended until the adjournment of the next regular session of the Legislature following the date of disapproval and suspension of the committee or until the Legislature shall revoke, by joint resolution, the suspension of the committee. The rule shall be reinstated on the adjournment of the legislative session in the event the Legislature, by joint resolution, fails to sustain the disapproval and suspension of the committee.

"(c) The committee may propose an amendment to any proposed rule and may disapprove the proposed rule and return it to the agency with the suggested amendment. In the event the agency accepts the rule as amended, the agency may resubmit the rule as amended to the committee. In the event the agency does not accept the amendment, the proposed amended rule shall be submitted to the Legislature as disapproved, as provided in Section 41-22-24.

"(d) An agency may withdraw a proposed rule by leave of the committee. An agency may resubmit a rule so withdrawn or returned under this section with minor modification. Such a rule is a new filing and subject to this section but is not subject to further notice as provided in subsection (a) of Section 41-22-5.

"(e) The committee is authorized to review and approve or disapprove any rule adopted prior to October 1, 1982.

"(f) A rule submitted to the committee which has an economic impact shall be accompanied by a fiscal note prepared by the agency in accordance with this subsection. Upon receiving the fiscal note, the committee may require additional information from the submitting agency, other state agencies, or other sources. A state agency shall cooperate and provide information to the committee. At a minimum, the fiscal note submitted with a proposed rule shall include the following:

"(1) A determination of the need for the regulation and the expected benefit of the regulation.

"(2) A determination of the costs and benefits associated with the regulation and an explanation of why the regulation is considered to be the most cost effective, efficient, and feasible means for allocating public and private resources and for achieving the stated purpose.

"(3) The effect of the regulation on competition.

"(4) The effect of the regulation on the cost of living and doing business in the geographical area in which the regulation would be implemented.

"(5) The effect of the regulation on employment in the geographical area in which the regulation would be implemented.

"(6) The source of revenue to be used for implementing and enforcing the regulation.

"(7) A conclusion on the short-term and long-term economic impact upon all persons substantially affected by the regulation, including an analysis containing a description of which persons will bear the costs of the regulation and which persons will benefit directly and indirectly from the regulation.

"(8) The uncertainties associated with the estimation of particular benefits and burdens and the difficulties involved in the comparison of qualitatively and quantitatively dissimilar benefits and burdens. A determination of the need for the regulation shall consider qualitative and quantitative benefits and burdens.

"(9) The effect of the regulation on the environment and public health.

"(10) The detrimental effect on the environment and public health if the regulation is not implemented.

"(g) In determining whether to approve or disapprove proposed rules, the committee shall consider the following criteria:

"(1) Would the absence of the rule or rules significantly harm or endanger the public health, safety, or welfare?

"(2) Is there a reasonable relationship between the state's police power and the protection of the public health, safety, or welfare?

"(3) Is there another, less restrictive method of regulation available that could adequately protect the public?

"(4) Does the rule or do the rules have the effect of directly or indirectly increasing the costs of any goods or services involved and, if so, to what degree?

"(5) Is the increase in cost, if any, more harmful to the public than the harm that might result from the absence of the rule or rules?

"(6) Are all facets of the rulemaking process designed solely for the purpose of, and so they have, as their primary effect, the protection of the public?

"(7) Any other criteria the committee may deem appropriate.

§41-22-24.

"On the first day of each regular session of the Alabama Legislature the chairman of the committee Joint Committee on Legislative Operations shall submit a joint resolution sustaining the disapproval under Section 41-22-23 by the joint committee of any proposed regulation to each house of the Legislature for their study. Such resolution with the disapproved rule attached shall be referred by the Speaker of the House or the Lieutenant Governor or both to an appropriate committee or committees, other than the Joint Committee on Administrative Regulation Review Legislative Operations, for consideration and such committee or committees shall may schedule hearings thereon, if requested by an affected party or the submitting agency. The Legislature may, by joint resolution, sustain the disapproval of the committee under Section 41-22-23. In the event the Legislature fails to sustain such committee disapproval by the adjournment of the next regular session of the Legislature, the rule shall be reinstated."

Section 9. Chapter 6 (commencing with Section 29-6-1) of Title 29 of, and Sections 29-2-50, 29-2-51, 29-7-5, 41-5-18, and 41-5-19 of, the Code of Alabama 1975 are repealed.

Section 10. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.


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Joint Committee on Legislative Operations
House of Representatives
Senate
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Legislature
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Code Amended
Code Repealed