Government of Alabama
The government of Alabama is organized under the provisions of the 1901 Constitution of Alabama, which is the lengthiest constitution of any political entity in the world.[1] Like other states within the United States, Alabama's government is divided into executive, judicial, and legislative branches.
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[edit] Executive branch
The Alabama Executive branch consists of the Governor of Alabama, the Lieutenant Governor of Alabama, the Governor's Cabinet, several popularly elected executive officials, and the executive staff. The Cabinet consists of the heads of 25 different departments ranging from the Chief of Staff to the head of the Alabama Department of Conservation and Natural Resources.
[edit] Governor
The Governor is the chief executive of the state's government. He or she is responsible for upholding the Alabama Constitution and executing state law. The Governor is elected by popular election every four years. The constitution limits the governor to two consecutive terms, but there is no limit on the total number of terms one may serve, so long as no more than two are ever consecutive. George Wallace holds the record as the longest-serving governor in Alabama history with 16 years of service.
The governor also is commander-in-chief of the state's military forces, which consist of the Alabama Army National Guard and Alabama Air National Guard, which are part of the National Guard of the United States, together with the Alabama State Defense Force. As commander-in-chief, the governor may call out the state's military forces to preserve the public peace when it is not in active service of the United States. He may also call upon them to render aid during natural disasters or other times when he or she may deem their services to be required.
Like other U.S. governors, the governor of Alabama has the power to veto laws passed by the state legislature (see below). However, in contrast to the practice in most states (and the federal government) that requires the legislature to garner a two-thirds majority to override an executive veto, the Alabama constitution requires only a simple majority within both legislative houses to accomplish this. The governor also possesses the power to pardon convicted criminals, except in cases of impeachment.
At least once every legislative session, the governor is required to deliver an address to the Alabama Legislature, referred to as the "State of the State address." This address encompasses the condition and operation of the state government, and may also suggest new legislation for the legislature's consideration.
The current Governor of Alabama is Republican Robert Bentley, who has served since 2011.
[edit] Lieutenant Governor
The Lieutenant Governor of Alabama is the ex-officio President of the Senate, as provided under Article V, Section 117 of the Constitution. He is also considered an officer of the Executive Branch under Article V, Section 112. The Lieutenant Governor is elected, by statewide vote, every four years, and must be at least 30 years of age, when elected, and must have been a citizen of the United States for 10 years, and a resident citizen of the state of Alabama for 7 years, prior to election.
The Lieutenant Governor can vote, on any matter before the Senate, only to break a tie vote. The Senate may, by Rule, grant other powers to the Lieutenant Governor, in his or her capacity as President of the Senate.
The current Lieutenant Governor of Alabama is Kay Ivey, who has served since 2011.
[edit] Independent executive officials
Along with the Governor and the Lieutenant Governor, the executive branch is composed of six other popularly elected officials:
- Attorney General of Alabama Luther Strange[2]
- State Auditor of Alabama Samantha Shaw[3]
- Secretary of State of Alabama Beth Chapman[4]
- State Treasurer of Alabama Young Boozer[5]
- Superintendent of Education of Alabama Tommy Bice[6]
- Alabama Commissioner of Agriculture and Industries John McMillan[7]
All of the independent executive officials serve four-year terms that run concurrent with that of the Governor.
[edit] Cabinet members (as of 2011)[8]
- Chief of Staff Chuck Malone
- Director of Communications Rebekah Caldwell Mason
- Legal Advisor Cooper Shattuck
- Director of Policy Michael Ciamarra
- Legislative Director Alison A. Bell
- Finance Department David Perry
- Banking Department John D. Harrison
- Department of Industrial Relations Tom Surtees
- Department of Insurance Jim Ridling
- Department of Labor Jim Bennett
- Department of Mental Health Zelia Baugh
- Department of Revenue Julie Magee
- Department of Senior Services Irene Collins
- Department of Tourism and Travel Lee Sentell
- Department of Transportation John Cooper
- Department of Public Safety Hugh B. McCall
- Alabama Development Office Seth Hammett
- Emergency Management Agency Art Faulkner
- Alabama Military Department Maj. Gen. Perry Smith
- Department of Homeland Security Spencer Collier
- Medicaid Agency Dr. R. Bob Mullins, Jr.
- Department of Human Resources Nancy Buckner
- Alcohol Beverage Control H. Mac Gipson
- Department of Children's Affairs Dr. Marquita Davis
- Department of Economic and Community Affairs Jim Byard, Jr.
- Department of Corrections Kim Thomas (Acting Commissioner)
- Department of Conservation and Natural Resources Gunter Guy
[edit] Judicial branch
[edit] Supreme Court
The Supreme Court of Alabama is composed of a chief justice, Chuck Malone, and eight associate justices (Thomas A. Woodall, Lyn Stuart, Michael F. Bolin, Tom Parker, Glenn Murdock, Greg Shaw; James Allan Main, and Alisa Kelli Wise[9]). The Clerk of Court is Robert G. Esdale, Sr.[9] As the highest state court, the Supreme Court has both judicial and administrative responsibilities.
The Supreme Court has authority to review decisions rendered by the other courts of the state. It also has authority to determine certain legal matters over which no other court has jurisdiction, and to issue such orders as may prove necessary to carry out its general superintendence over the court system in Alabama. The Alabama Supreme Court has exclusive jurisdiction over all appeals where the amount in controversy exceeds $50,000, as well as appeals from the Alabama Public Service Commission.
The chief justice is the administrative head of the state's judicial system. The Supreme Court may make rules governing administration, practice, and procedure for all Alabama courts. Under this authority, uniform rules of practice and procedure and judicial administration have been adopted to eliminate many of the technicalities which cause delay in the trial courts, and needless reversals in the appellate courts.
[edit] Court of the Judiciary
A "Court of the Judiciary" is created under Alabama law, consisting of one judge of an appellate court (other than the Supreme Court), who shall be selected by the Supreme Court and shall serve as Chief Judge of the Court of the Judiciary. In addition, two judges of the circuit court are to be appointed to this body, who shall be selected by the Circuit Judges' Association; together with one district judge, who shall be selected by the District Judges' Association. Other members of the Court of the Judiciary are: two members of the state bar, who shall be selected by the governing body of the Alabama State Bar; three persons (as of 2005) who are not lawyers who shall be appointed by the Governor; and one person appointed by the Lieutenant Governor. Members appointed by the Governor and Lieutenant Governor shall be subject to Senate confirmation before serving.
The Court of the Judiciary is convened to hear complaints filed by the Judicial Inquiry Commission. It has authority, after notice and public hearing, to impose one of two penalties:
- To remove from office, suspend without pay, or censure a judge, or apply such other sanction as may be prescribed by law, for violation of a Canon of Judicial Ethics, misconduct in office, failure to perform his or her duties, or
- To suspend with or without pay, or to retire a judge who is physically or mentally unable to perform his duties.[10]
[edit] Legislative branch
[edit] House of Representatives
[edit] General information
The Alabama House of Representatives is composed of 105 members, chosen from an equal amount of districts across the state. Each member represents a district of approximately 40,000 people,[11] and is elected to a four-year term. Members of the House at the time of their election must have been citizens of Alabama for three years, and have lived in their respective districts for at least one year immediately preceding their election. The Speaker of the House, currently Mike Hubbard,[12] is a member of the body and is elected by his colleagues to serve as its presiding officer.
All revenue-raising matters must originate in the Alabama House, just as in the Congress of the United States. The House must have a quorum to conduct business, and a majority of a quorum can pass any bill except a constitutional amendment, which requires a three-fifths vote of all those elected. An appropriation to a non-government organization, such as a private college, requires a two-thirds vote of those elected.
Members of the House are paid a salary of ten dollars per day, plus expenses other than travel in an amount fixed by joint resolution of the legislature.
[edit] Committees
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[edit] Senate
[edit] General information
The Alabama Senate is composed of 35 Senators, in keeping with Article IV, Section 50, of the Alabama Constitution, which limits the Alabama House of Representatives to 105 members, and the Senate to 35; together with Article IX, Sections 197 and 198, which requires that membership in the Senate consist of not less than one-fourth, nor more than one-third, of the total membership of the House of Representatives. These sections also allow for additional representation, in the event that new counties are created. Thus, the Alabama Senate is precisely one-third the size of the House of Representatives, and each Senator represents a district of approximately 125,000 Alabamians.
Under Article IV, Section 47 of the Constitution, Senators must be at least 25 years of age at the time of their election, must be citizens and residents of the State of Alabama for at least 3 years, and reside within their district for at least one year prior to election.
Senators, like members of the House of Representatives, are elected for four-year terms, and take office at midnight of the day of their election. Amendment 97 to the Constitution, provides that should a vacancy occur in either house of the Legislature, the governor is required to call a special election to fill the vacancy.
While the House of Representatives has exclusive power to originate revenue bills, such legislation can be amended and/or substituted by the Senate. Moreover, because the Senate is considered to be the "deliberative body", rules concerning length of debate are more liberal than those of the House of Representatives.
Like the United States Senate, the Alabama Senate has sole power of Confirmation of certain appointees designated by the Constitution and by statute. The legislative antecedent of this role is a similar power that was vested in the Roman Senate during the Roman Republic.
The Senate Seal features an open book and torch, accompanied by the Latin phrase Libertas Per Lege, meaning "Liberty Through Law". The official Seal of the Senate was adopted by Senate Resolution, August 19, 1965, and was created by a special committee consisting of then Senators John Tyson (Mobile), Vaughan Hill Robison (Montgomery), Bill Nichols (Talladega), Lieutenant Governor Jim Allen and Secretary of the Senate McDowell Lee.
[edit] Committees
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[edit] Legislative sessions
[edit] Regular sessions
The Legislature convenes in regular annual sessions on the first Tuesday in February, except:
- In the first year of the four-year term, when the session begins on the first Tuesday in March, and
- In the last year of a four-year term, when the session begins on the second Tuesday in January.
The length of the regular session is limited to 30 meeting days within a period of 105 calendar days. Generally, two meeting or "legislative" days are held per week, with other days being devoted to committee meetings. The Alabama Constitution provides that no law shall be passed except by a bill, which is a proposed law written out in the proper format. Once approved in accordance with the state constitution, the bill becomes an act.
[edit] Special sessions
Special sessions of the Legislature may be called by the Governor, with the Proclamation listing those subjects that the Governor wishes to be considered in that session. These sessions are limited to twelve legislative days within a thirty calendar day span. Whereas in a regular session bills may be enacted on any subject, in a special session, legislation must be enacted only on those subjects which the Governor announces in his proclamation or "call." Anything not in the "call" requires a two-thirds vote of each house to be enacted.
Constitutional amendments always require a three-fifths vote of the elected Members of each house for passage, whether in regular or special session, and this constitutional provision cannot be abrogated by any governor. Likewise, while a governor's proclamation may itemize subjects to be considered in a special session, the proclamation cannot dictate that the legislature specifically consider only a bill which mirrors the exact language of a bill offered in a previous session. The legislature may offer and consider any bills it chooses in a special session, subject to the above-stated requirements for passage (depending upon whether the subject of the bill formed part of the governor's "call", or whether it is a constitutional amendment).
[edit] Lawmaking process
[edit] Beginnings
The lawmaking process begins with the introduction of a bill in either the House of Representatives or the Senate. Bills may be introduced in either house, with the exception of bills increasing or decreasing revenue, which must originate in the House of Representatives. The order of business in each house provides a proper time for the introduction of bills. In order to give the residents of any particular locality advance notice of the intent to introduce a bill affecting that locality, the Constitution provides that local and special bills (that is, those bills which apply to a particular, named locality) must be advertised in a newspaper published in the county affected (or posted if there is no newspaper) for four consecutive weeks before introduction. Documentary proof that this notice has been provided is required before a local or special bill may be introduced. This process is known as "Notice and Proof".
Bills are assigned consecutive numbers, given in the order of their introduction, to facilitate identification. No bill can become an act until it has been read on three separate days in each house. Upon introduction, a bill is usually read by its title only, constituting the first reading of the bill. Because a bill is usually read by title only, it is important that the title give the members notice of the subject matter contained in the bill. The state constitution mandates (Article 4, Section 45) that each bill may only pertain to one subject (which must be clearly stated in the title), "except general appropriation bills, general revenue bills, and bills adopting a code, digest, or revision of statutes".
[edit] Committees
[edit] General information
As with other legislative bodies throughout the world, the Alabama legislature operates mainly through committees when considering proposed bills. Thus, committee action is probably the most important phase of the legislative process. The framers of the present Constitution of Alabama inserted a provision that no bill may be enacted into law until it has been referred to, acted upon by, and returned from, a standing committee in each house. Reference to committee immediately follows the first reading of the bill. Bills are referred to committees by the Lieutenant Governor and the President Pro Tempore in the Senate, and by the Speaker in the House of Representatives.
The Constitution states that each house shall determine the number of committees, and the numbers of committees vary from quadrennium to quadrennium. Each committee is set up to consider bills relating to a particular subject. A bill dealing with health matters, for example, would be referred in both houses to the committee on health; a bill dealing with schools would be referred to the committees on education. Other committees deal with such subjects as business and labor, public welfare, conservation, agriculture, governmental affairs, local legislation, etc.
Standing committees are charged with the important responsibility of examining bills and recommending action to the Senate or House. Usually on days when the Legislature is not in session, the committees of each house meet and consider the bills that have been referred to them to decide if the assigned bills should be reported for a second reading.
For most bills, the recommendations of the committee are followed, although either house is free to accept or reject the action of the committee. Bills reported favorably by a committee are placed on the regular calendar.
One of the common misconceptions about the Alabama legislature is that its members work only for the two or perhaps three days which the legislature meets each week. Visitors usually visit the legislature on a day when the houses are in session, and wonder how it ever gets anything done in view of the apparently confused, disorganized picture presented by the legislators on the floor. What many people fail to realize is that most of the work of the legislature is done by its committees. Behind every bill of general importance being considered on the floor of each house, lies hours of careful work by the members of the standing committee to which the bill was referred. The legislature as a whole relies on its committees to dispose of the frivolous, dangerous, or less important measures and to report out only those bills deserving the consideration of the entire house.
By working through standing committees, the legislature can have each bill considered by a group of members who have special knowledge of its subject. Some members of the legislature have expert knowledge of particular subjects of legislation, and these members are usually placed on committees to take full advantage of this specialized knowledge. For this reason, the legislature usually accepts the final recommendations of its standing committees. As has been noted, however, the Legislature does not completely abdicate its responsibility for the careful consideration of pending bills. If the need arises, the members of either house can force a committee to take action on a bill, or they can ignore the committee's recommendations.
[edit] Legislative Council
The Alabama legislature has a Legislative Council, which is a permanent or continuing interim committee, composed as follows:
- From the Senate, the Lieutenant Governor and President Pro-Tempore, the Chairmen of Finance and Taxation, Rules, Judiciary, and Governmental Affairs, and six Senators elected by the Senate;
- From the House of Representatives, the Speaker and Speaker Pro-Tempore, the Chairmen of Ways and Means, Rules, Judiciary, and Local Government, and six Representatives elected by the House.
- The majority and minority leaders of each house.
The Legislative Council meets at least once quarterly to consider problems for which legislation may be needed, and to make recommendations for the next legislative session. A number of significant statutes have been placed on the Alabama law books as a result of this council's activity.
[edit] Post-committee
[edit] Reports of Committee
After a committee has completed work on a bill, it reports the bill to the appropriate house during the "reports of committees" in the daily order of business. Reported bills are immediately given a second reading. The houses do not vote on a bill at the time it is reported; however, reported bills are placed on the calendar for the next legislative day. This second reading is made by title only. Local bills concerning environmental issues affecting more than one political subdivision of the state are given a second reading when reported from the local legislation committee and re-referred to a standing committee where they are then considered as a general bill. Bills concerning gambling are also re-referred when reported from the local legislation committee but they continue to be treated as local bills. When reported from the second committee, these bills are referred to the calendar and do not require another second reading.
The regular calendar is a list of bills that have been favorably reported from committee and are ready for consideration by the membership of the entire house.
Bills are listed on the calendar by number, sponsor, and title, in the order in which they are reported from committee. They must be considered for a third reading in that order unless action is taken to consider a bill out of order. Important bills are brought to the top of the calendar by special orders or by suspending the rules. To become effective, the Resolution setting Special Orders must be adopted by a majority vote of the house. These Special Orders are recommended by the Rules Committee of each house. The Rules Committee is not restricted to making its report during the Call of Committees, and can report at any time. This enables the committee, especially toward the end of the session, to determine the order of business for the house. This power makes the Rules Committee one of the most influential of the legislative committees.
Any bill which affects state funding by more than $1,000, and which involves expenditure or collection of revenue, must have a "Fiscal Note". Fiscal Notes are prepared by the Legislative Fiscal Office and signed by the chairman of the committee reporting the bill. They must contain projected increases or decreases to state revenue in the event that the bill becomes law.
[edit] Third reading
Regardless of how a bill is placed on the calendar, once the bill is considered and adopted, this is called the third reading. It is at this third reading of the bill that the whole house gives consideration to its passage. At this time, the bill may be studied in detail, debated, amended, and read at length before final passage.
Once the bill has been discussed, each member casts his or her vote as their name is called alphabetically. Since the state's Senate is rather small, voting may be done effectively in that house via manual roll call. The membership of the House is three times larger than that of the Senate, and individual voice votes would require a great deal of time. For this reason, an electronic voting machine is utilized in the House of Representatives. The House members vote by pushing buttons on their desks, and their votes are registered by colored lights which flash on a board in the front of the chamber. The board contains all of their names and shows how each member voted. The votes are electronically recorded in both houses.
If a majority of the members who are present and voting in each house vote against the bill, it has failed passage. If the majority vote in favor of the bill, it is recorded as passed. If amendments are adopted, the bill is sent to the Enrolling and Engrossing Department of that house for engrossment. Engrossment is the process of incorporating amendments into the bill before transmittal to the second house.
[edit] Transmission to second house
A bill that is passed in one house is transmitted, along with a formal message, to the other house. Such messages are always in order and are read (in the second house) at any suitable pause in business. After the message is read, the bill receives its first reading, by title only, and is referred to committee. In the second house, a bill must pass successfully through the same steps of procedure as in the first house. If the second house passes the bill without amendment, the bill is sent back to the house of origin and is ready for enrollment, which is the preparation of the bill in its final form for transmittal to the governor. However, the second house may amend the bill and pass it as amended. Since a bill must pass both houses in the same form, the bill with amendment is sent back to the house of origin for consideration of the amendment. If the bill is not reported from committee or is not considered by the full house, the bill is defeated.
The house of origin, upon return of its amended bill, may take any one of several courses of action. It may concur in the amendment by the adoption of a motion to that effect; then the bill, having been passed by both houses in identical form, is ready for enrollment. Another possibility is that the house of origin may adopt a motion to non-concur in the amendment, at which point the bill dies. Finally, the house of origin may refuse to accept the amendment but request that a conference committee be appointed. The other house usually agrees to the request, and the presiding officer of each house appoints members to the conference committee.
[edit] Conference committees
A conference committee is empanneled to discusses the points of difference between the two houses' versions of the same bill, and tries to reach an agreement between them so that the same identical bill can be passed by both houses. If an agreement is reached and if both houses adopt the conference committee's report, the bill is passed. If either house refuses to adopt the report of the conference committee, a motion may be made for further conference. If a conference committee is unable to reach an agreement, it may be discharged, and a new conference committee may be appointed. Some highly controversial bills may be referred to several different conference committees. If an agreement is never reached in conference prior to the end of the legislative session, the bill is lost.
When a bill has passed both houses in identical form, it is enrolled. The "enrolled" copy is the official bill, which, after it becomes law, is kept by the Secretary of State for reference in the event of any dispute as to its exact language. Once a bill has been enrolled, it is sent back to the house of origin, where it must be read again (unless this reading is dispensed with by a two-thirds vote), and signed by the presiding officer in the presence of the members. The bill is then sent to the other house where the presiding officer in the presence of all the members of that house also signs it. The bill is then ready for transmittal to the Governor.
[edit] Presentation to the governor
Once a bill reaches the governor, he or she may sign it, which completes its enactment into law. From this point, the bill becomes an act, and remains the law of the state unless repealed by legislative action, or overturned by a court decision. If the governor does not approve of the bill, he or she may veto it. In the event of a veto, the governor returns the bill to the house in which it originated, with a message explaining his objections and suggesting any amendments (if applicable) which might remove those objections. The bill is then reconsidered, and if a simple majority of the members of both houses agrees to the proposed executive amendments, it is returned to the Governor, as he revised it, for his signature.
On the other hand, a simple majority of the members of each house can choose to approve a vetoed bill precisely as the Legislature originally passed it, in which case it becomes a law over the governor's veto. This is in contrast to the practice in most states and the federal government, which require a two-thirds majority in both houses to override a governor's veto.
If the Governor fails to return a bill to the legislative house in which it originated within six days after it was presented to him or her (including Sundays), it becomes a law without their signature. This return can be prevented by recession of the Legislature. In that case the bill must be returned within two days after the legislature reassembles, or it becomes a law without the Governor's signature.
The bills that reach the Governor less than five days before the end of the session may be approved by him within ten days after adjournment. The bills not approved within that time do not become law. This is known as a "pocket veto". This is the most conclusive form of veto, for the Legislature (having adjourned) has no chance to reconsider the vetoed measure.
Alabama is one of the states in which the governor has the power to accept or reject any particular item of an appropriation bill without vetoing the entire bill. In this event, only the vetoed item of the appropriation bill is returned to the house of origin for reconsideration by the Legislature. The remainder of the bill becomes law.
[edit] Constitutional amendments
Sometimes what the legislature wishes to accomplish cannot be done simply by the passage of a bill, but rather requires amending the Constitution. A bill or joint resolution is accordingly drafted to propose an appropriate amendment to the Constitution. This bill or joint resolution is introduced in the same manner as other bills and resolutions, and follows the course of ordinary bills, except that it must be read at length on three different days in each house. Furthermore, it must be passed in each house by a three-fifths vote of all the members elected, and does not require the approval of the governor. A constitutional amendment passed by the legislature is deposited directly with the Secretary of State. It is then submitted to the voters of the state at an election (the time of which is fixed by the Legislature), held not less than three months after the adjournment of the session in which the amendment was proposed. The governor announces the election by proclamation, and the proposed amendment and notice of the election must be published in every county for four successive weeks before the election. If a majority of those who vote at the election favor the amendment, it becomes a part of the Constitution. The result of the election is announced by proclamation of the governor.
[edit] Seals of the Government of Alabama
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Seal of the Governor of Alabama
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Seal of the Governor-Elect of Alabama
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Seal of the Speaker of the Alabama House of Representatives
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Seal of the Unified Judicial System of Alabama
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Seal of the Attorney General of Alabama
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Seal of the Alabama Board of Pardons and Paroles
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Seal of the Alabama Emergency Management Agency
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Seal of the Alabama Department of Agriculture and Industries
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Seal of the Alabama Department of Corrections
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Seal of the Alabama Department of Homeland Security
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Seal of the Alabama Department of Labor
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Seal of the Alabama Department of Public Health
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Seal of the Alabama Department of Public Safety
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Seal of the Alabama Department of Transportation
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Seal of the Alabama Treasury Department
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Seal of the Securities Commission of Alabama
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Seal of the Alabama National Guard
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Coat of arms of the Alabama State Defense Force
[edit] See also
[edit] References
- ^ Alabama Vote Opens Old Racial Wounds. From MSNBC.
- ^ http://ago.alabama.gov/bio.cfm
- ^ http://www.auditor.alabama.gov/about/biography.htm
- ^ http://www.sos.alabama.gov/OfficeOfSoS/Biography.aspx
- ^ http://www.treasury.alabama.gov/Content/About_Young_Boozer.htm
- ^ Blackwell, Lisa (13 November 2011). "Bice Is New State School Superintendent". WNCF. http://www.wncftv.com/localnews/Bice-Is-New-State-School-Superintendent-133767708.html. Retrieved 14 November 2011.
- ^ http://agi.alabama.gov/about/meet-comm-mcmillan
- ^ http://governor.alabama.gov/cabinet.aspx
- ^ a b http://judicial.alabama.gov/supreme.cfm
- ^ Constitution of Alabama of 1901, Amendment 581, §6.18.
- ^ Article IV, Section 50 of the Alabama Constitution.
- ^ http://www.legislature.state.al.us/house/houseleaders.html
[edit] External links
- Governor's Office Website
- Legislature Office Website
- Judicial Office Website
- Alabama at Ballotpedia
- Alabama at Judgepedia
- Alabama at Sunshine Review
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