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October 19, 2000     The Tuskegee News
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Amendments to the Constitution of Alabama PAGE 4 PUBLISHED Oct. 12, Oct. 19, Oct. 26 and Nov. 2, 2000 This bill would provide that one more than half of the members of the beard constitutes a quorum. "A member of the Board of Trustees of Auburn University selected by the board of trustees. This bill would specify the appointment process and service duration. A BILL TO BE ENTITLED AN ACT Proposing an amendment to Amendment No. 161 to the Constitution of Alabama of 1901, to provide that the Board of Trustees of Auburn University consist of one member from each of the congressional districts in the state as constituted on January 1, 1961, one member from Lee County, the current State Superintendent of Education, two at-large members, plus a third at-large member upon the current State Superintendent of Education vacating the office, each of whom shall reside in the continental United States, and the Governor; to provide for appointments by the Governor in regard to certain initial at-large members, and by an appointing committee with regard to aH other members, sub- ject to the advice and consent of the Senate; to provide for terms of office; to provide for the time of relinquishing office; to specify maximum appointment age; to provide for a quorum; to provide for the appointment process; and to provide for a process of submit- tal to and confLrmation by the Senate. BE IT ENACTED BY THE LEG- ISLATURE OF ALABAMA: Section 1. The following amend- ment to the Constitution of Alabama of 1901, as amended, is proposed and shall become valid as a part thereof when approved by a majority of the qualified elec- tors voting thereon and in accor- dance with Sections 284, 285, and 287 of the Constitution of Alabama of 1901, as amended: ~I~vo members of the Auburn Alumni Association Board of Directors, who are not current employees of Auburn University, selected by the Auburn Alumni Association Board of Directors. ~rhe Governor or a designee of the Governor who is an alumnus of Auburn University but who is not a current member of the Auburn Board of Trustees nor a current member of the Auburn Alumni Association Board of Directors nor a current employee of Auburu University. "The Governor, or the designee of the Governor, shall serve as chairperson of the appointing committee. If the chairperson fails to call a meeting within 90 days prior to the expiration of the term of a sitting board member or within 30 days following the cre- ation of a vacancy by death, resig- nation, or other cause, a majority of the committee, in writing, may call a meeting giving at least 10 days notice. In the absence of the chairperson or another member designated by the chairperson to preside, the majority of the com- mittee shall choose its own chair- person. ~When appropriate, the appoint- ing committee shall meet to address the appointment of any of the following: "A person to fall the at-large posi- tion on the Board of Trustees of Auburn ~Jniversity created upon the vacating of office by the cur- rent State Superintendent of Education. "Persons to fill an expired or soon-to-be expired term of office of any member of the Board of Trustees of Auburn University, including the two at-large posi- tions initially appointed by the Governor. PROPOSED AMENDMENT Amendment to Amendment No. 161. "BOARD OF TRUSTEES OF AUBURN UNIVERSITY. "Section 1. Auburn University, formerly called the Alabama Polytechnic Institute, shah be under the management and con- trol of a beard of trustees. The beard of trustees shall consist of two members from the congres- sional district in which the insti- tution is located, one member from each of the other congres- sional districts in the state as the same were constituted on the firs~ day of January, 1961, one mem- ber from Lee County, two at-large members beth of whom shall be a resident of the continental United States, the state superintendent of education, serving on the date this amendatory language is rati- fied, who shah serve until leaving the office of superintendent, one additional at-large member who shall be a resident of the conti- nental United States, and who shall succeed the current State Superintendent of Education on the beard of trustees immediately upon the superintendent leaving office, and the governor, who shall be ex officio president of the hoard. ~Fhe Appointment of the initial two at-large members shall be made by the Governor by and with the advice and consent of the Senate. Otherwise, the trustees from each congressional district, from Lee County, and all subse- quent at-large trustees, including the at-large position created upon the vacating of office of the cur- rent State Superintendent of Education, shaH be appointed by the governor appointing commit- tee created herein, by and with the advice and consent~ of the sen- ate, and. The appointment of members to fill a vacated position with a partially expired term of office shall also be made by the appointing committee as provided herein. "A board of trustees appointing committee is established com- posed of the following members: "the President Pro Tern of the Board of Trustees of'Auburn University or the designee of the President Pro Tern. The designee shall be a member of the Board.of Trustees of Auburn University. "Persons to fdi the remainder of a partially expired term of office of any position on the Board of Trustees of Auburn University which has been vacated by reason of death, resignation, or other cause, including the two at-large positions initially appointed by the Governor. "Fhe appointing committee, by majority vote, shall appoint an individual to fall the respective position on the beard of trustees. The committee shall ensure that appointments are solicited from all constituencies, are inclusive, and reflect the racial, gender, and economic diversity of the state. A person may not be appointed to the Board of Trustees of Auburn University while serving on the appointing committee. "A trustee shall hold office for a term of twelve seven years, and may serve no more than two full seven-year terms of office. Appointment and service for a portion of an unexpired term shall not be considered in apply- ing the two-term limit. "Each member of the beard of trustees as constituted on the date this amondatory language is ratified may serve the remainder of hi~ or her current term and shall be eligible, if otherwise qualified, to serve for no more than two additional seven-year terlns. ~No person shall be appointed as a member of the board of trustees after having reached 70 years of age. "Of the two persons initially appointed by the Governor to serve in the at-largo positions, one shall be appointed to serve an initial term of four years and one shall be appointed to serve an ini- tial term of seven years. Thereafter, successors to these positions, who shall be appointed by the appointing committee, shall serve tern~ of office of the same duration as other members. Those initial terms shall be con- sidered as full terms in applying t~e two-term limit. "One more than half of the mem- bers of the beard shall constitute a quorum, but a smaller number may adjourn from day to day until a quorum is present. "and until their successors shall be appointed and qualif~l. The board shall be divided into three classes, as nearly equal as may be, so that one-third may be cho- sen quadrennially. Vacancies occurring in the office of trustees from death or resignation shall be fdled by the governor, and such appointee shah hold office until the next meeting of the legisla- ture. The members of the board of trustees as now constituted shah hold office until their respective terms expire under existing law, and until their successors shah be appointed as herein required. "A term shah begin only upon confirmation by the Senate. A member may continue to serve until a successor is conf~med, but in no case for more than one year after completion of a term. ~No trustee shall receive any pay or emolument other than his or her actual expenses incurred in the discharge of his duties as such. "No employee of Auburn University shall be eligible to serve on its as a member of the board of trustees. ~rhe appointing committee, or the Governor, in regard to the two initial at-large appointments, shall submit the name of the per- sons selected for appointment to the Secretary of the Senate, who shall inform the Senate of the receipt of such submission. If the Senate is in regular session at that time, the submission shall be made by the conclusion of the next legislative day following the appointment. If the Senate is not in regular session at the time of appointment, the submission shall be made before the com- mencemont of the next regular session. "If the entire Senate, by a major- ity vote, confirms the submission, the appointee shall immediately assume office. An appointee may not begin service prior to Senate confirmation. "If the submission is not con- firmed by the entire Senate by a majority vote by the conclusion of the legislative session, the sub- mission shall be considered rejected. "A submission to the Senate may be withdrawn at any time by the Governor in regard to the two ini- tial at-large appointments made by the Governor. A submission to the Senate may be withdrawn at any time by the appointing com- mittee in regard to appointments made by the committee. rUpon the rejection of a submis- sion or the withdrawal of a sub- mission, the appointment and confirmation process specified in this amendment shall commence anew. "The same name may be submit- ted to the Senate for the same position on the beard more than one time. "Upon the expiration of a term of office, a member of the beard of trustees shah continue to serve until a successor is appointed pursuant to this amendment, is confirmed by the entire Senate by majority vote, and assumes office. If a successor is not confirmed by the conclusion of the regular ses- sion in which one or more names for the position were initial/y sub- mitred, the former holder of the position may continue to serve until a successor is appointed and confirmed, but in no case shall this continuation be longer than one year after completion of the term of office. "If any position on the beard of trustees becomes vacant during a term of office by roason of death, resignation, or other carom, a per- son ~dl be appointed by the appointing committee to fill the remainder of the unexpired term of office pursuant to the proce- dure provided for other appoint- ments made by the appointing committee. The poaition shall be considered vacant until a person is confn~ned by a majority vote of the entire Senate. "Section 2. Section 266 of article 14 of the Constitution of Alabama 1901 is hereby repealed." Section 2. An election upon the proposed amendment shall be held in accordance with Sections 284 and 285 oftho Constitution of Alabama of 1901, as amended, and the election laws of this state. Section 3. The appropriate elec- tion official shall assign a ballot number for the proposed constitu- tional amendment on the election ballot and shall set forth the fol- lowing description of the sub- stance or subject matter of the proposed constitutional amend- ment: "Proposing an amendment to the Constitution of Alabama of 1901, to provide that the Board of Trustees of Auburn University shah be composed of one member from each of the congressional districts in the state as constitut- ed on January 1, 1961, one mem- ber from Lee County, the current State Superintendent of Education who upon leaving office shall be replaced by an at- large member, two other at-large members, and the Governor; to specify the method of appoint- ment and service duration; and to provide for limited seven-year terms of office. "Proposed by Act This description shall be followed by the following language: ~Yes ( ) No ( )." I further direct and proclaim that notice of this election to be held on Tuesday, November 7, 2000, upon the above set forth proposed amendment to the Constitution of Alabama of 1901 of the State of Alabama, be given by publishing the same once a week for four suc- cessive weeks immediately pre- ceding Sunday, the 8th day of October, 2000, in a newspaper qualified to run legal notices in each county in the state. In every county in which no newspaper is published, a copy of the notice shah be posted at each court- house and post office in such county. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Alabama to be affixed by the Secretary of State, at the Capitol, in the City of Montgomery, Alabama, on this the 31st day of July 2000. DON SIEGELMAN GOVERNOR ATrES~. JI~I BENNETT SECRETARY OF STATE WHEREAS, the Alabama Legislature at its Regular Session of 2000 ordered an election to be held on a certain proposed amendment to the Constitution of Alabama, set out herein as Act No. 2000-61; and further ordered that such election be held in accordance with Amdndment 555 to the Constitutio~ of Alabama of 1901; and WHEREAS, the next statewide general or special election will be and occur on Tuesday, November 7, 2000; and WHEREAS, notice of this elec- tion, together with this proposed amendment, is required by law and by the provisions of Act No. 2000-61 to be given by Proclamation of the Governor, which Proclamation shall be pub- lished once a week for four suc- cessive weeks immediately pre- ceding the day appointed for the election, in all newspapers quali- fied to run legal notices in the State of Klabama. NOW, THEREFORE, I, Don Siege]man, Governor of the State of Alabama by the power and authority vested in me as Governor, do hereby give notice, direct and proclaim that on Tuesday, November 7, 2000, an election will be held in the man- ner and form provided by law upon the following amendment to the Constitution of 1901 of the State of Alabama: On the ballots to be used at the election, the question shah be substantially as follows: AMENDMENT NUMBER 9 Relating to Greene County, proposing an amendment to the Constitution of Alabama of 1901, to authorize the Legislature to fix, alter, and regulate court costs in the county. Proposed by Act No. 2000-61 YES ( ) NO ( ) The language on the proposed amendment as taken directly from the act is set out hereinafter as follows: Rep. Black SYNOPSIS: This bill would pro- pose an amendment to the Constitution of Alabama of 1901, relating to Greene County, to authorize the Legislature to fLX, alter, and regulate court costs in the county. A BILL TO BE ENTITLED AN ACT Relating to Greene County, proposing an amendment to the Constitution of Alabama of 1901, to authorize the Legislature to fLx, alter, and regulate court costs in the county. BE IT ENACTED BY THE LEG- ' ISLATURE OF ALABAMA: Section 1. The following amend- ment to the Constitution of Alabama of 1901, is proposed and shall become valid as a part of the Constitution when all require- ments of this act are fulfilled: PROPOSED AMENDMENT The Legislature, by general or local law, may fLX, alter, and regu- late the costs and charges of courts in Greene County and pro- vide for their distribution. Section 2. An election upon the proposed amendment shall be held in accordance with Amendment 555 to the Constitution of Alabama of 1901, and the election laws of this state. Section 3. The appropriate elec- tion official shah assign a ballot number for the proposed constitu- tional amendment on the election ballot and shall set forth the fol- lo~ving description~ of'the 'sul~ stance or subject matter of the proposed constitutional amend- ment: "Relating to Greene County, proposing an amendment to the Constitution of Alabama of 1901, to authorize the Legislature to fix, alter, and regulate court costs in the county. Proposed by Act This description shall be followed by the following language: ~es()No()." I further direct and proclaim that notice of this election to be held on Tuesday, November 7, 2000, upon the above set forth proposed amendment to the Constitution of Alabama of 1901 of the State of Alabama, be given by publishing the same once a week for four successive weeks immediately preceding Sunday, the 8th day of October, 2000, in a newspaper qualified to run legal notices in each county in the state. In every county in which no newspaper is published, a copy of the notice shall be posted at each court- house and post office in such county. IN WITNESS WHEREOF, I have hereunto set my hand and .caused the Great Seal of the State of Alabama to be affLxed by the Secretary of State, at the Capitol, in the City of Montgome%; Alabama, on this the 31st day of July, 2000. O DON SIEGELMAN GOVERNOR ATTES~ JIM BENNETT SECRETARY OF STATE WHEREAS, the Alabama Legislature at its Regular Session of 2000 ordered an election to be held on a certain proposed amendment to the Constitution of Alabama, set out herein No. 2000-62; and that such election be accordance with to the Constitution 1901; and WHEREAS, the next general election will be and! on Tuesday, November 7, and WHEREAS, notice of this tion, together with this amendment, is required and by the provisions 2000-62 to be gives Proclamation of the which Proclamation lished once a week for cessive weeks ceding the day appointed election, in all newspapers fled to run legal notices State of Alabama. NOW, THEREFORE, I, Siegelman, Governor of the of Alabama by the pow~ authority vested in Governor, do hereby give direct and proclaim Tuesday, November 7, election will be held in the ner and form provided upon the following the Constitution of 1901 State of Alabama: On the ballots to be used election, the question substantially as follows: AMENDMENT NUMBEI~ I Relating to Sumter proposing an amendment to! certain elected public participate in ERS in supernumerary program. Proposed by Act No. YES ( ) ( ) N0~ The language on the amendment as taken from the as follows: by Rep. Black SYNOPSIS: Under elected public officials are ited from participating Emp!pym,. Retirement Because of the tain el~d officials are supernumerary status are retired from public r This bill would amendment to the Alabama of 1901, which phase out the current merary program for certai~ ed officials in Sumter would allow elected or Sumter County defined, to participate State Employees' System. A BILL TO BE ENTITLED AN ACT Proposing an amendment Constitution of Alabama to provide that certain public officials in may participate i~ Employe~' Retirement lieu of participating in a merary program or system' BE IT ENACTED BY TI~] ISLATURE OF ALABAM~ Section 1. The ment to the Alabama of 1901, is shall become valid as a Constitution when aH mente of this act are No person elected or sheriff, or any elected or ed Sumter County a~ume a aRer the effective date amendment. Any person the effective date of ment, is entitled to a supernumerary continue to participate supernumerary shall include the supernumerary office to the terms and law which established tl~t numerary program. and elected or County official may the Employees' Re System of Alabama same terms and may be specified by other employee in retirement system. County officialJ holding