SB 88

Session
Regular Session 2018
Title
Lieutenant Governor, duties and powers over Senate, removed, salary established, const. amend.
Description

Under existing constitutional provisions, the Lieutenant Governor is the President of the Senate, is entitled to vote in the event of a tie, and is vested with certain prescribed legislative duties, powers, and responsibilities

This bill would propose an amendment to the Constitution of Alabama of 1901, which would remove the power of the Lieutenant Governor to preside over the Senate and to vote in the event of a tie and would provide that the sole duty of the Lieutenant Governor would be to succeed to the Office of Governor upon the Governor's removal from office, death, or resignation

This bill would require the members of the Senate to elect from its membership a President and President Pro Tempore of the Senate and would provide that the prior legislative duties, responsibilities, and powers of the Lieutenant Governor would be vested in the President of the Senate

This bill would specify that the annual salary of the Lieutenant Governor would be an amount equal to 75 percent of the annual salary paid to the Governor

Proposing an amendment to repeal Amendment 57 of the Constitution of Alabama 1901, now appearing as Section 48.01 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, to add a new Section 48.01 to, and to amend Sections 51, 117, 118, 127, and 129 of, the Constitution of Alabama of 1901, now appearing as Sections 51, 117, 118, 127, and 129 of the Official Recompilation of the Constitution of Alabama of 1901, as amended; to remove the duty of the Lieutenant Governor to serve as the President of the Senate and other duties, responsibilities, and powers regarding the Legislative Department; to specify that the sole duty of the Lieutenant Governor is to succeed to the Office of Governor under certain existing conditions; to vest these duties, responsibilities, and powers with the President of the Senate who shall be elected by the members of the Senate from the membership of the Senate; and to provide for the annual salary of the Lieutenant Governor.

Subjects
Constitutional Amendments
View Original PDF: SB 88 - Introduced - PDF

Under existing constitutional provisions, the Lieutenant Governor is the President of the Senate, is entitled to vote in the event of a tie, and is vested with certain prescribed legislative duties, powers, and responsibilities

This bill would propose an amendment to the Constitution of Alabama of 1901, which would remove the power of the Lieutenant Governor to preside over the Senate and to vote in the event of a tie and would provide that the sole duty of the Lieutenant Governor would be to succeed to the Office of Governor upon the Governor's removal from office, death, or resignation

This bill would require the members of the Senate to elect from its membership a President and President Pro Tempore of the Senate and would provide that the prior legislative duties, responsibilities, and powers of the Lieutenant Governor would be vested in the President of the Senate

This bill would specify that the annual salary of the Lieutenant Governor would be an amount equal to 75 percent of the annual salary paid to the Governor

Proposing an amendment to repeal Amendment 57 of the Constitution of Alabama 1901, now appearing as Section 48.01 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, to add a new Section 48.01 to, and to amend Sections 51, 117, 118, 127, and 129 of, the Constitution of Alabama of 1901, now appearing as Sections 51, 117, 118, 127, and 129 of the Official Recompilation of the Constitution of Alabama of 1901, as amended; to remove the duty of the Lieutenant Governor to serve as the President of the Senate and other duties, responsibilities, and powers regarding the Legislative Department; to specify that the sole duty of the Lieutenant Governor is to succeed to the Office of Governor under certain existing conditions; to vest these duties, responsibilities, and powers with the President of the Senate who shall be elected by the members of the Senate from the membership of the Senate; and to provide for the annual salary of the Lieutenant Governor.

Section 1

The following amendment 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 electors voting thereon and in accordance with Sections 284, 285, and 287 of the Constitution of Alabama of 1901, as amended: PROPOSED AMENDMENT (a) Amendment 57 of the Constitution of Alabama of 1901, now appearing as Section 48.01 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, is repealed. (b) Section 48.01 is added to the Constitution of Alabama of 1901, to read as follows: Section 48.01. All sessions of the Legislature shall be held in the City of Montgomery in the Senate chamber and in the hall of the House of Representatives, unless at any time it should from any cause become impossible or dangerous for the Senate to meet or remain in the Senate chamber, or for the House of Representatives to meet or remain in the hall of the House of Representatives, in which case the Governor may convene the Legislature, or remove it after it has convened, to some other place, or may designate some other place for the sitting of the respective houses, or either of them, as necessity may require. The Legislature shall convene on the second Tuesday in January next succeeding their election and shall remain in session for not longer than ten consecutive calendar days. No business can be transacted at such sessions except the organization of the Legislature, the election of officers, the appointment of standing committees of the Senate and the House of Representatives for the ensuing four years, the opening and publication of the returns and the ascertainment and declaration of the results of the election for Governor, Lieutenant Governor, Attorney General, State Auditor, Secretary of State, State Treasurer, and Commissioner of Agriculture and Industries, the election of such officers in the event of a tie vote, the determination of contested elections for such offices, the judging of the election returns and qualification of the members of the Legislature, and the inauguration of the Governor and the other elected state officers whose terms of office are concurrent with that of the Governor. At the beginning of each organization session, and at such other times as may be necessary, the Senate shall provide for the appointment of standing committees of the Senate and elect one of its members President of the Senate, to preside over its deliberations, and the House of Representatives shall provide for the appointment of standing committees of the House of Representatives and elect one of its members as Speaker of the House of Representatives, to preside over its deliberations. The President of the Senate and the Speaker of the House of Representatives shall each hold his or her respective office until his or her successor has been elected and qualified. (c) Sections 51, 117, 118, 127, and 129 of the Constitution of Alabama of 1901, now appearing as Sections 51, 117, 118, 127, and 129 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, are amended to read as follows:

Section 51.

The senate, at the beginning of each regular organizational session, and at such other times as may be necessary, shall elect one of its members president pro tem. thereof, to preside over its deliberations in the absence of the lieutenant-governor president of the senate; and the house of representatives, at the beginning of each regular organizational session, and at such other times as may be necessary, shall elect one of its members as speaker; and the speaker pro tempore to preside over its deliberations in the absence of the speaker or the disability of the speaker president of the senate and the speaker of the house of representatives shall hold their offices respectively, until their successors are elected and qualified. In case of the temporary disability of either of said presiding officers, the house to which he belongs may elect one of its members to preside over that house and to perform all the duties of such officer during the continuance of his disability; and such temporary officer, while performing duty as such, shall receive the same compensation to which the permanent officer is entitled by law, and no other. Each house shall choose its own officers and shall judge of the election, returns, and qualifications of its members.

Section 117.

(a) The governor Governor and lieutenant governor Lieutenant Governor shall each be at least thirty years of age when elected, and shall have been citizens of the United States ten years and resident citizens of this state at least seven years next before the date of their election. The lieutenant governor shall be ex officio president of the senate, but shall have no right to vote except in the event of a tie.

(b) The sole duty of the Lieutenant Governor is to succeed to the Office of the Governor as specified in Section 127.

(c) The legislative duties, responsibilities, and powers previously vested in the Lieutenant Governor by this constitution or by law are vested in the President of the Senate.

(d) The annual compensation paid to the Lieutenant Governor shall be an amount equal to 75 percent of the annual salary paid to the Governor.

Section 118.

The governor, lieutenant governor, attorney-general, state auditor, secretary of state, state treasurer, superintendent of education, and commissioner of agriculture and industries, shall receive compensation to be fixed by law, which shall not be increased or diminished during the term for which they shall have been elected, and shall, except the lieutenant governor, reside at the state capital during the time they continue in office, except during epidemics. The compensation of the lieutenant governor shall be the same as that received by the speaker of the house, except while serving as governor, during which time his compensation shall be the same as that allowed the governor.

Section 127.

In case of the governor's removal from office, death, or resignation, the lieutenant governor shall become governor. If both the governor and lieutenant governor be removed from office, die, or resign more than sixty days prior to the next general election, at which any state officers are to be elected, a governor and lieutenant governor shall be elected at such election for the unexpired term, and in the event of a vacancy in the office, caused by the removal from office, death, or resignation of the governor and lieutenant governor, pending such vacancy and until their successors shall be elected and qualified, the office of governor shall be held and administered by either the president pro tem. of the senate, speaker of the house of representatives, attorney-general, state auditor, secretary of state, or state treasurer in the order herein named. In case of the impeachment of the governor, his or her absence from the state for more than twenty days, unsoundness of mind, or other disability, the power and authority of the office shall, until the governor is acquitted, returns to the state, or is restored to his or her mind, or relieved from other disability, shall devolve in the order herein named, upon the lieutenant governor, president pro tem. of the senate, speaker of the house of representatives, attorney-general, state auditor, secretary of state, and state treasurer. If any of these officers be under any of the disabilities herein specified, the office of the governor shall be administered in the order named by such of these officers as may be free from such disability. If the governor shall be absent from the state over twenty days, the secretary of state shall notify the lieutenant governor, who shall enter upon the duties of governor; if both the governor and lieutenant governor shall be absent from the state over twenty days, the secretary of state shall notify the president pro tem. of the senate, who shall enter upon the duties of governor, and so on, in case of such absence, he or she shall notify each of the other officers named in their order, who shall discharge the duties of the office until the governor or other officer entitled to administer the office in succession to the governor returns. If the governor-elect fail or refuse from any cause to qualify, the lieutenant governor-elect shall qualify and exercise the duties of governor until the governor-elect qualifies; and in the event both the governor-elect and the lieutenant governor-elect from any cause fail to qualify, the president pro tem. of the senate, the speaker of the house of representatives, the attorney-general, state auditor, secretary of state, and state treasurer, shall, in like manner, in the order named, administer the office until the governor-elect or lieutenant governor-elect qualifies.

Section 129.

The lieutenant governor, president pro tem. of the senate, speaker of the house, attorney-general, state auditor, secretary of state, or state treasurer, while administering the office of governor, shall receive like compensation as that prescribed by law for the governor, and no other."

Section 2

An election upon the proposed amendment shall be held in accordance with Sections 284 and 285 of the Constitution of Alabama of 1901, now appearing as Sections 284 and 285 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, and the election laws of this state.

Section 3

The appropriate election official shall assign a ballot number for the proposed constitutional amendment on the election ballot and shall set forth the following description of the substance or subject matter of the proposed constitutional amendment:

Proposing an amendment to the Constitution of Alabama of 1901, removing the duty of the Lieutenant Governor to serve as the President of the Senate and to perform other legislative responsibilities; vesting these legislative duties in the President of the Senate, who shall be elected by the members of the Senate; specifying the sole duty of the Lieutenant Governor is to succeed to the Office of Governor under certain existing conditions; and providing that the annual salary of the Lieutenant Governor is an amount equal to ercent of the annual salary of the Governor.

Proposed by Act ________." This description shall be followed by the following language:

Yes ( ) No ( )."

No articles found.
Action Date Chamber Action
March 20, 2018SFurther Consideration
March 20, 2018SReed motion to Carry Over adopted Voice Vote
March 20, 2018SThird Reading Carried Over
March 15, 2018SDial motion to Carry Over adopted Voice Vote
March 15, 2018SDial motion to Adopt adopted Roll Call 868
March 15, 2018SDial first Substitute Offered
March 15, 2018SThird Reading Carried Over
March 6, 2018SMarsh motion to Carry Over adopted Voice Vote
March 6, 2018SSanford motion to Adopt adopted Roll Call 660
March 6, 2018SSanford Amendment Offered
March 6, 2018SThird Reading Carried Over
March 6, 2018SWilliams motion to Adopt adopted Roll Call 658
March 6, 2018SOrr motion to Carry Over to the Call of the Chair adopted Voice Vote
March 6, 2018SWilliams first Substitute Offered
March 6, 2018SThird Reading Carried Over to Call of the Chair
February 22, 2018SDial motion to Carry Over to the Call of the Chair adopted Voice Vote
February 22, 2018SDial motion to Adopt adopted Roll Call 493
February 22, 2018SConstitution, Ethics and Elections first Substitute Offered
February 22, 2018SThird Reading Carried Over to Call of the Chair
February 15, 2018SRead for the second time and placed on the calendar with 1 substitute and
January 9, 2018SRead for the first time and referred to the Senate committee on Constitution, Ethics and Elections
2018-03-15
Chamber: Senate
Result: Passed
2018-03-06
Chamber: Senate
Result: Passed
2018-03-06
Chamber: Senate
Result: Passed
2018-02-22
Chamber: Senate
Result: Passed