SB 110

This bill would create the Association of Former Members of the Alabama Legislature and specify the purpose and duties of the association

This bill would establish a board of directors for the association and would provide for the membership, duties, and compensation of board members

This bill would provide for the employment of an executive director and staff for the association

This bill would authorize the board to adopt resolutions to provide for the participation of association employees in the State Employees Health Insurance Plan and the Employees' Retirement System of Alabama

This bill would also provide for the distribution of the residual assets of the association upon the dissolution of the association

To create the Association of Former Members of the Alabama Legislature; to specify the purpose and duties of the association; to establish a board of directors for the association; to provide for the membership, duties, and compensation of board members; to provide for the employment of the executive director and staff of the association; to provide for the participation of association employees in the State Employees Health Insurance Plan and the Employees' Retirement System of Alabama; and to provide for the distribution of the residual assets of the association upon the dissolution of the association.

Section 1

(a) There is established the Association of Former Members of the Alabama Legislature. (b) The purpose of the association is to provide a voluntary bipartisan alliance of former legislative members to cooperatively promote public service and strengthen representative democracy and our republican form of government. (c) The purpose and work of the association may extend beyond state borders to include and involve similar organizations throughout the United States.

Section 2

(a) The association shall work in cooperation with incumbent members of the Alabama Legislature, through the offices of the Speaker of the House of Representatives and the President Pro Tempore of the Senate, to create a better understanding of the legislative process throughout the state. The association shall work with all public and private K-12 schools including, but not limited to, parochial schools, independent schools, and home school organizations or groups, both public and private colleges and universities, civic groups, and other community organizations that have educational outreach programs to engage the citizenry by increasing public awareness and understanding of the legislative process. (b) The association may do all of the following: (1) Facilitate the establishment of forums, databases, websites, newsletters, or other media, or organize social and other events, to create increased networking opportunities for former legislative members. (2) Organize educational, charitable, civic, social, and memorial events for the benefit of the Legislature or the public, or both. (3) Work with the Director of the Alabama Department of Archives and History, the Secretary of the Senate, and the Clerk of the House of Representatives to increase and preserve the historical record of all things related to the Alabama Legislature. (c) The association may not do any of the following: (1) Participate in any activity that directly or indirectly involves engagement in partisan or nonpartisan electoral processes of the state or any of its political subdivisions, or of its political parties or political institutions, or both. (2) Participate in any political campaign or endorse any candidate, referendum, issue, or other activity that would ordinarily be under consideration on a national, statewide, or local ballot. (3) Be involved in lobbying activities on behalf of any candidate or political party, or both, or referendum, issue, or other activity pending before the Legislature, except as related to the limited functions of the association as provided by this act.

Section 3

(a) For the purposes of this act, a former legislative member is not considered to be an elected or appointed public official unless he or she is then currently holding another elected or appointed public office including, but not limited to, the positions of county commissioner, mayor, judge, or cabinet member, or is serving as a member of the board of directors of the association, or in another position that would otherwise subject him or her to the state ethics laws. (b) The association shall file the appropriate articles with the Secretary of State to be considered a public nonprofit civic and educational corporation. The association shall also obtain certification as a Section 501(c)(3) organization under the Internal Revenue Code, and none of the net proceeds of the association shall inure to the personal or private benefit of any individual.

Section 4

(a) The association shall be governed by a board of directors. The association shall adopt, and revise as necessary, a set of bylaws to govern the board and the association that are consistent with the laws of this state. A copy of the bylaws, and any amendments thereto, shall be filed with the Secretary of State. (b) The initial board shall be composed of 10 former members of the Alabama Legislature, jointly appointed by the Speaker of the House of Representatives and the President Pro Tempore of the Senate. One member shall be appointed from each of the seven congressional districts in the state, and three members shall be appointed from the state at-large. The two major political parties in the state shall be equally represented on the board. The initial members appointed to the board shall serve terms of two years; thereafter, members shall be elected and serve for terms established in the bylaws of the association. The appointing authorities shall coordinate their appointments so that diversity of gender, race, and geographical areas is reflective of the makeup of this state. (c) The initial members appointed to the board shall elect a chair, a vice chair, a secretary, and a treasurer from among the membership, who shall serve in that capacity during their entire time of office. Thereafter, board officers shall be elected and serve for terms established in the bylaws of the association. The positions of chair and vice chair shall rotate between the major political parties. A vacancy in the membership of the board shall be filled in the manner established in the bylaws of the association. (d) The members of the board shall not be compensated for their service on the board, but shall receive the same per diem and travel allowance as is paid by law for state employees for each day actually employed in the discharge of their official duties on the board, as approved by the chair, out of the funds of the association. (e) The board may change the name of the association, provided that the new name shall include the phrase "former members of the Legislature," and the change in no way shall affect any rights, privileges, or responsibilities of the association.

Section 5

(a) The board and the association may engage in cooperative agreements or contracts, or both, with public and private entities for purposes that are in accordance with this act. (b) The board and the association may accept gifts, contributions, membership fees, donations of funds, real or personal property, bequests, grants, appropriations, or other forms of financial assistance for the purposes provided in this act, from any federal entity, from the State of Alabama, or from any state agency or political subdivision of the state, or from any foundation, corporation, private individual, or other entity, and the board and the association may engage in fund raising to support the purposes of the association. (c) The association shall adopt a written charter, in accordance with the bylaws of the association, which shall list the charter members of the association and shall be on permanent display in a public area of the Alabama State House, in a location selected by the Clerk of the House of Representatives.

Section 6

(a) The board may engage the services, by employment or otherwise, of a part-time or full-time executive director. The executive director shall serve as the chief administrative officer for the association and, with the consent of the board, may engage the services, by employment, assistance, or contract, of any staff the board determines necessary to fulfill the purposes of the association. The executive director shall serve at the pleasure of the board, and staff members shall serve at the pleasure of the executive director. Staff members shall receive the same travel allowance as is paid by law for state employees, provided the travel is approved in advance by the executive director and that payment is made out of the funds of the association. (b) The board, by resolution, may execute agreements on terms and conditions as required by the State Employees Health Insurance Board for the employees of the association who are not former members of the Legislature to participate in the State Employees Health Insurance Plan. (c) The board, by resolution, may execute agreements on terms and conditions as required by the Board of Control of the Employees’ Retirement System of Alabama for the employees of the association who are not former members of the Legislature to participate in the Employees' Retirement System of Alabama. (d) For the purposes of this section, the association is deemed a public or quasi-public organization of the state within the meaning of Section 36-27-6, Code of Alabama 1975, provided the employer costs of subsection (b) and subsection (c) shall be the sole responsibility of the association.

Section 7

The association may be dissolved by legislative act. Upon dissolution, the residual assets of the association may be distributed to another public corporation or organization described in Section 501(c)(3) of the Internal Revenue Code or the Alabama Department of Archives and History.

Section 8

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