SB353 Alabama 2011 Session

Summary

Primary Sponsor

Cam Ward

Republican

Co-Sponsor

Ben H. Brooks

Session

Regular Session 2011

Title

Attorney General, makes permissive issuance of opinions, expenses, attorneys licensed outside Alabama authorized to be appointed deputy attorneys general, certain private law offices prohibited, nonmerit employee appointments increased, issuance of subpoenas, criminal prosecutions, official opinions, false statement by Attorney General in investigations, prohibited, penalties, Sec. 36-15-62.1 added; Secs. 36-15-1, 36-15-4.2, 36-15-5.1, 36-15-6, 36-15-9, 36-15-10, 36-15-11.1, 36-15-13, 36-15-14, 36-15-16, 36-15-17, 36-15-21.1, 36-15-60, 36-15-62 am'd.

Description

Under existing law, the Attorney General is the chief law enforcement officer of the state.

This bill would make permissive the requirement that the Attorney General examine state law for constitutional validity and provide opinions to state, county, and municipal officials upon the request of the official and would delete the requirement that the Attorney General participate in preparing the Code of Alabama.

This bill would authorize the Legislative Council to employ independent counsel to represent the interests of the Legislature, would clarify the authority of the Governor to employ personal counsel, and would delete the requirement that a written contract designating the Attorney General as the recipient of any fees, fines, restitution, forfeitures, penalties, costs, interest, or judgments be reviewed by the Contract Review Permanent Legislative Oversight Committee.

This bill would authorize the Attorney General, after October 1, 2009, to accept attorney's fees, expenses, and penalties only up to an amount equal to the actual expenses of the office, and would require the Attorney General to certify the amounts only to the Chairs of the Committee on Finance and Taxation General Fund and the Ways and Means General Fund Committee and the State Budget Officer.

This bill would permit attorneys licensed to practice law outside of Alabama to be appointed as deputy attorneys general, would update certain provisions relating to the employment of office employees, would remove certain provisions providing for the appointment of nonfull-time assistant attorneys general, and would delete the requirement that such assistants maintain offices at the Capitol.

This bill would prohibit assistant and full-time deputy attorneys general from maintaining private law offices.

This bill would increase the number of non-merit employees the Attorney General may appoint.

This bill would clarify the authority of the Attorney General to issue subpoenas and would provide for the enforcement of those subpoenas.

This bill would specify that when the Attorney General superintends and directs any criminal prosecution, the district attorney shall assist, upon request.

This bill would authorize assistants to the Attorney General to render official opinions in the absence of the Attorney General and the chief deputy and would delete the requirement that certain information related to state litigation be organized in a particular manner.

This bill would provide for the crime of making false statements relating to any matter under investigation by the Attorney General and would provide penalties.

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.

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Subjects

Attorney General