Alabama 2022 Regular Session

Alabama Senate Bill SB291 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 SB291
2	2	2 217929-1
3	3	3 By Senator Melson
4	4	4 RFD: Education Policy
5	5	5 First Read: 02-MAR-22
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7	7	Page 0 1 217929-1:n:03/02/2022:AHP/cmg LSA2022-756
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13	13	7
14	14	8 SYNOPSIS: Existing law provides for the composition
15	15	9 and authority of the Board of Trustees of the
16	16	10 Alabama Community College System.
17	17	11 This bill would add an additional at-large
18	18	12 trustee to the board of trustees.
19	19	13 This bill would create a nominating
20	20	14 committee to assist the Governor in appointing
21	21	15 trustees to the board of trustees.
22	22	16 This bill would provide further for the
23	23	17 duties of the board of trustees relating to the
24	24	18 approval of certain expenditures.
25	25	19 This bill would create the Workforce Reform
26	26	20 and Alignment Act and would require the Alabama
27	27	21 Workforce Council to submit an annual report of
28	28	22 business and industry workforce needs to the board
29	29	23 of trustees and the Legislature containing a peer
30	30	24 review of all workforce programs.
31	31	25 This bill would also require the Chancellor
32	32	26 of the Alabama Community College System to submit
33	33	27 certain reports to the Legislature.
34	34	Page 1 1
35	35	2 A BILL
36	36	3 TO BE ENTITLED
37	37	4 AN ACT
38	38	5
39	39	6 Relating to the Alabama Community College System and
40	40	7 workforce development; to amend Sections 16-60-111 and
41	41	8 16-60-111.4, Code of Alabama 1975; to create the Workforce
42	42	9 Reform and Alignment Act; to provide for an additional
43	43	10 appointment to the Board of Trustees of the Alabama Community
44	44	11 College System; to provide for the creation of a nominating
45	45	12 committee to assist in the appointment of trustees; to provide
46	46	13 further for the duties of the board; and to require the
47	47	14 submission of certain reports to the Legislature.
48	48	15 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
49	49	16 Section 1. Sections 16-60-111 and 16-60-111.4, Code
50	50	17 of Alabama 1975, are amended to read as follows:
51	51	18 "§16-60-111.
52	52	19 "(a) There is established a Board of Trustees of the
53	53	20 Alabama Community College System. The board shall be composed
54	54	21 of the following members:
55	55	22 "(1) The Governor, who shall be ex officio president
56	56	23 of the board.
57	57	24 "(2) Seven members appointed by the Governor so that
58	58	25 one member of the board is a resident of each of the seven
59	59	26 congressional districts in the state as the districts are
60	60	27 constituted on May 12, 2015. The member appointed by the
61	61	Page 2 1 Governor pursuant to this subdivision, representing the
62	62	2 congressional district in which the main campus of Athens
63	63	3 State University is located, shall serve as the member of the
64	64	4 Board of Trustees of Athens State University pursuant to
65	65	5 subdivision (3) of subsection (a) of Section 16-47A-4.
66	66	6 "(3) One ex officio, nonvoting member appointed by
67	67	7 the Governor who is actively serving on the State Board of
68	68	8 Education.
69	69	9 "(4) One member Two members appointed by the
70	70	10 Governor from the state at large, one of whom shall be a
71	71	11 workforce expert, and the other of whom shall be a member of a
72	72	12 racial minority.
73	73	13 "(b) All members appointed by the Governor shall be
74	74	14 free from any contractual, employment, personal, or familial
75	75	15 financial interest in the Alabama Community College System,
76	76	16 and, commencing on January 1, 2023, shall be appointed
77	77	17 pursuant to the process provided in subsection (k).
78	78	18 "(c) If a member appointed from a congressional
79	79	19 district ceases to be a resident of the district from which
80	80	20 appointed, the member shall vacate his or her office. Members
81	81	21 appointed by the Governor from Districts 1, 3, 5, and 7 shall
82	82	22 be appointed for an initial term of two years, and every four
83	83	23 years thereafter. Members appointed by the Governor from
84	84	24 Districts 2, 4, and 6, and from the state at large, shall be
85	85	25 appointed for an initial term of four years, and every four
86	86	26 years thereafter.
87	87	Page 3 1 "(d) All appointees to the board shall be subject to
88	88	2 confirmation by the Senate and shall be confirmed before
89	89	3 beginning a term of office. As vacancies occur on the board
90	90	4 for any cause, they shall be filled by the Governor for the
91	91	5 unexpired term, subject to confirmation by the Senate before
92	92	6 beginning service. An appointment made when the Legislature is
93	93	7 in regular session shall be submitted to the Senate not later
94	94	8 than the third legislative day following the date of
95	95	9 appointment. An appointment made when the Legislature is not
96	96	10 in regular session shall be submitted to the Senate not later
97	97	11 than the third legislative day following the reconvening of
98	98	12 the Legislature after the appointment.
99	99	13 "(e) The members of the board shall be qualified
100	100	14 electors of the State of Alabama, and the membership of the
101	101	15 board shall be inclusive and reflect the racial, gender,
102	102	16 geographic, urban/rural urban, rural, and economic diversity
103	103	17 of the state. In making appointments to the board, the
104	104	18 Governor shall give special consideration to those persons who
105	105	19 have attended a community or technical college and who are
106	106	20 familiar with the two-year college system, or who have
107	107	21 business leadership experience. No employee of the state may
108	108	22 serve as an appointed member of the board. No appointed member
109	109	23 of the board may serve more than two consecutive terms of
110	110	24 office. Other than the ex officio members of the board, no
111	111	25 person currently serving in any elected office may
112	112	26 concurrently serve as a member of the board.
113	113	Page 4 1 "(f) Upon appointment, and after confirmation, of
114	114	2 the initial members of the board, the board shall meet to
115	115	3 organize itself, to elect officers, other than the president,
116	116	4 as the board deems appropriate, and to transact any necessary
117	117	5 business. The board may adopt bylaws to govern operations and
118	118	6 create committees as deemed necessary. This organizational
119	119	7 meeting of the board is not considered a regular meeting of
120	120	8 the board.
121	121	9 "(g) The board shall meet not less than quarterly on
122	122	10 dates to be set by the board in official session, by the
123	123	11 president, or by the Chancellor on written request of a
124	124	12 majority of the board members. One meeting of the board each
125	125	13 year shall be held with the members of the State Board of
126	126	14 Education. The rules generally adopted by deliberative bodies
127	127	15 for their government shall be observed and a quorum of five
128	128	16 shall be present. Members of the board or any committee of the
129	129	17 board may participate in meetings of the board or committees
130	130	18 by telephone conference or similar communications equipment
131	131	19 through which all persons participating in the meeting can
132	132	20 hear each other at the same time, and participation by the
133	133	21 members shall constitute presence at a meeting for all
134	134	22 purposes. The Chancellor shall give notice of any meeting as
135	135	23 required by law.
136	136	24 "(h) The members of the board shall receive no
137	137	25 compensation for service on the board. Members shall be
138	138	26 reimbursed for actual traveling and other necessary expenses
139	139	27 incurred in attending meetings and transacting the business of
140	140	Page 5 1 the board. Reimbursement shall be paid out of the Education
141	141	2 Trust Fund in the same manner as other expenses of the board
142	142	3 are paid.
143	143	4 "(i) If not otherwise required by law, each member
144	144	5 of the board shall file a completed statement of economic
145	145	6 interests, pursuant to Section 36-25-24, for the previous
146	146	7 calendar year with the State Ethics Commission no later than
147	147	8 April 30th of each year, and shall be covered by all aspects
148	148	9 and requirements of the State Ethics Law, Chapter 25 of Title
149	149	10 36. Members of the board shall be indemnified for any loss
150	150	11 incurred as a result of damage done in the performance of
151	151	12 their duties as a member of the board and for which the member
152	152	13 is personally liable. Members shall be covered under the
153	153	14 General Liability Trust Fund in accordance with Section
154	154	15 36-1-6.1.
155	155	16 "(j) Before exercising any authority or performing
156	156	17 any duty, each member of the board shall qualify as such by
157	157	18 taking and subscribing to the oath of office prescribed by the
158	158	19 state constitution, the certificate of which shall be filed
159	159	20 with the records of the board. The Governor may remove any
160	160	21 appointed member of the board for immorality, misconduct in
161	161	22 office, incompetency, or willful neglect of duty, giving the
162	162	23 member a copy of the charges against him or her and, upon not
163	163	24 less than 10 days' notice, an opportunity of being heard
164	164	25 publicly in person or by counsel in his or her own defense. If
165	165	26 any member shall be removed, the Governor shall file in the
166	166	27 office of the Secretary of State a complete statement of all
167	167	Page 6 1 charges against the member, any findings, and a complete
168	168	2 record of the proceedings.
169	169	3 "(k)(1) Commencing on January 1, 2023, each member
170	170	4 appointed to the board by the Governor shall be appointed from
171	171	5 a list of individuals selected by a nominating committee. The
172	172	6 nominating committee shall consist of the following members:
173	173	7 "a. The Governor, or his or her designee.
174	174	8 "b. The Lieutenant Governor, or his or her designee.
175	175	9 "c. A trustee of the board, as selected by the
176	176	10 membership of the board.
177	177	11 "d. A workforce expert, selected by the Business
178	178	12 Council of Alabama and Manufacture Alabama, subject to
179	179	13 approval by the Governor.
180	180	14 "(2) Appointed members of the nominating committee
181	181	15 shall serve at the pleasure of the appointing authority for a
182	182	16 period of at least one year.
183	183	17 "(3) Thirty days before the expiration of the term
184	184	18 of a trustee, or within 20 days following the creation of a
185	185	19 vacancy in the office of trustee by death, resignation, or
186	186	20 other cause, the Chancellor, upon at least 10 days' notice,
187	187	21 shall call a meeting of the nominating committee. The
188	188	22 nominating committee, by majority vote of those present at the
189	189	23 meeting, shall nominate to the Governor the names of three
190	190	24 qualified individuals to fill the respective trustee position
191	191	25 on the board. The Governor shall appoint one of the nominated
192	192	26 individuals to the board pursuant to subsection (d).
193	193	Page 7 1 "(4) If the nominating committee fails to submit a
194	194	2 list of nominees to the Governor within 30 days after a
195	195	3 vacancy occurs due to any reason, the Governor, by and with
196	196	4 the advice and consent of the Senate, may appoint an otherwise
197	197	5 qualified individual to the board, pursuant to subsection (d),
198	198	6 without the assistance of the nominating committee.
199	199	7 "§16-60-111.4.
200	200	8 "(a) The board shall be authorized to do all of the
201	201	9 following:
202	202	10 "(1) Make Adopt rules and regulations for the
203	203	11 government of community and technical colleges.
204	204	12 "(2) Prescribe for the community and technical
205	205	13 colleges the courses of study to be offered and the conditions
206	206	14 for granting certificates, diplomas, and degrees.
207	207	15 "(3) Appoint or terminate the employment of the
208	208	16 presidents of the community and technical colleges.
209	209	17 "(4) Direct the expenditure of legislative
210	210	18 appropriations of community and technical colleges including,
211	211	19 but not limited to, the allocation of the annual legislative
212	212	20 appropriation, as the board determines is in the best
213	213	21 interests of the Alabama Community College System.
214	214	22 "(5) Prescribe qualifications for faculty and
215	215	23 establish, publish, and maintain an annual salary schedule for
216	216	24 each community and technical college employee classification
217	217	25 and tenure requirements for faculty at community and technical
218	218	26 colleges.
219	219	Page 8 1 "(6) Accept gifts, donations, and devises and
220	220	2 bequests of money and real and personal property for the
221	221	3 benefit of community and technical colleges or any one of
222	222	4 them.
223	223	5 "(7) Establish a performance-based allocation
224	224	6 process that is equitable and compatible with the services and
225	225	7 programs offered by each individual campus.
226	226	8 "(8) Approve or deny, in writing, any expense of the
227	227	9 Chancellor or senior staff member that exceeds fifty thousand
228	228	10 dollars ($50,000).
229	229	11 "(9) Approve or deny, in writing, any legal,
230	230	12 lobbying, or public relations consulting expenses, regardless
231	231	13 of the amount.
232	232	14 "(10) Approve or deny, in writing, any transaction
233	233	15 contemplated by a community college or technical college
234	234	16 during an interim presidency that exceeds twenty thousand
235	235	17 dollars ($20,000).
236	236	18 "(b) Any provision of law to the contrary
237	237	19 notwithstanding, employees of the Alabama Community College
238	238	20 System shall participate in the Teachers' Retirement System of
239	239	21 Alabama pursuant to Chapter 25 and the State Employee's Health
240	240	22 Insurance Plan pursuant to Chapter 29, Title 36. Employees of
241	241	23 community and technical colleges shall participate in the
242	242	24 Teachers' Retirement System of Alabama pursuant to Chapter 25
243	243	25 and the Public Education Employees' Health Insurance Plan
244	244	26 pursuant to Chapter 25A or other qualified health plans
245	245	Page 9 1 established pursuant to Section 1311 of the federal Patient
246	246	2 Protection and Affordable Care Act of 2010."
247	247	3 Section 2. (a) This section shall be known and may
248	248	4 be cited as the Workforce Reform and Alignment Act.
249	249	5 (b) For the purposes of this section, the following
250	250	6 terms shall have the following meanings:
251	251	7 (1) BOARD. The Board of Trustees of the Alabama
252	252	8 Community College System.
253	253	9 (2) CHANCELLOR. The Chancellor of the Alabama
254	254	10 Community College System.
255	255	11 (3) DEPARTMENT. The Alabama Department of Economic
256	256	12 and Community Affairs.
257	257	13 (4) INSTITUTE. The Alabama Industrial Development
258	258	14 and Training Institute.
259	259	15 (5) SYSTEM. The Alabama Community College System.
260	260	16 (c) On or before July 1, annually:
261	261	17 (1) The Alabama Workforce Council shall submit a
262	262	18 report of business and industry workforce needs to the board,
263	263	19 the Speaker of the House of Representatives, and the President
264	264	20 Pro Tempore of the Senate containing a peer review of all
265	265	21 system workforce programs, using input from the Department of
266	266	22 Commerce, the office of the Governor, and the institute.
267	267	23 (2) The president of each community and technical
268	268	24 college shall submit a report to the board regarding their
269	269	25 alignment with the report required by subdivision (1).
270	270	Page 10 1 (3)a. The Chancellor shall submit a report to the
271	271	2 board regarding his or her alignment with the report required
272	272	3 by subdivision (1).
273	273	4 b. The Chancellor shall submit an annual report to
274	274	5 the Speaker of the House of Representatives and the President
275	275	6 Pro Tempore of the Senate regarding all of the following:
276	276	7 1. All noncredit workforce programs.
277	277	8 2. The goal of any noncredit workforce program,
278	278	9 using specific language.
279	279	10 3. An accounting of the businesses and industries
280	280	11 that are served by the noncredit workforce programs.
281	281	12 4. The number of individuals enrolled in each
282	282	13 noncredit workforce program.
283	283	14 5. The number of individuals enrolled in each
284	284	15 noncredit workforce program who have received an
285	285	16 apprenticeship and whether or not those individuals have
286	286	17 secured employment.
287	287	18 6. The graduation rate for each noncredit workforce
288	288	19 program.
289	289	20 7. The short term issuance of credentials offered by
290	290	21 the system.
291	291	22 c. The Chancellor shall submit an annual report to
292	292	23 the Speaker of the House of Representatives and the President
293	293	24 Pro Tempore of the Senate regarding all of the following:
294	294	25 1. Pay, tenure of service, and job responsibilities
295	295	26 of the Chancellor.
296	296	Page 11 1 2. Pay, tenure of service, and job responsibilities
297	297	2 of the senior staff of the system, including, but not limited
298	298	3 to, the chief of staff, associate chancellors, vice
299	299	4 chancellors, and directors.
300	300	5 3. Consulting contracts entered into by the system
301	301	6 exceeding twenty thousand dollars ($20,000), including, but
302	302	7 not limited to, lobbying and other contracts, the scope of the
303	303	8 contracts, and a full report of any activities and funds
304	304	9 expended pertaining to those contracts.
305	305	10 4. Consistent with department grant making
306	306	11 processes, all funds, including bond issuances as approved by
307	307	12 the Public School and College Authority and interagency
308	308	13 agreements, organized and reported by the central office,
309	309	14 including the Chancellor's executive office, each community
310	310	15 and technical college, and each legislative district,
311	311	16 including a year-by-year comparison of any new monies in each
312	312	17 district.
313	313	18 (d) Beginning on July 1, 2023, the Chancellor shall
314	314	19 submit a quarterly report to the Speaker of the House of
315	315	20 Representatives and the President Pro Tempore of the Senate
316	316	21 detailing both of the following:
317	317	22 (1) The number of interim presidencies community and
318	318	23 technical colleges have experienced, or are experiencing,
319	319	24 during the previous quarter, and the length of each interim
320	320	25 presidency.
321	321	Page 12 1 (2) Any actions taken by the Chancellor to fill
322	322	2 vacancies in the office of president at community and
323	323	3 technical colleges.
324	324	4 Section 3. Section 1 of this act shall become
325	325	5 effective on the first day of the third month following its
326	326	6 passage and approval by the Governor, or its otherwise
327	327	7 becoming law. Section 2 of this act shall become effective on
328	328	8 May 1, 2023, following its passage and approval by the
329	329	9 Governor, or its otherwise becoming law.
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