Alabama 2023 Regular Session

Alabama House Bill HB512 Compare Versions

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

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1	1	HB512INTRODUCED
2	2	Page 0
3	3	6F0DZ3-1
4	4	By Representatives Hassell, Ensler, McClammy, Lawrence, Morris
5	5	(N & P)
6	6	RFD: County and Municipal Government
7	7	First Read: 23-May-23
8	8	2023 Regular Session
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14	14	6 6F0DZ3-1 05/18/2023 FC (L) ma 2023-2260
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16	16	SYNOPSIS:
17	17	This bill would relate to any Class 3
18	18	municipality organized under Act 618 of the 1973
19	19	Regular Session and would further provide for the votes
20	20	of the city council to override a veto by the mayor.
21	21	A BILL
22	22	TO BE ENACTED
23	23	AN ACT
24	24	Relating to any Class 3 municipality organized under
25	25	Act 618 of the 1973 Regular Session (Acts 1973, p. 879),
26	26	providing for the mayor-council form of government in certain
27	27	municipalities having a certain population according to the
28	28	1970 federal decennial census; to amend Section 45-51A-33.64
29	29	of the Code of Alabama 1975, relating to the passage of
30	30	ordinances and resolutions by the city council and the
31	31	delivery of the ordinances and resolutions to the Office of
32	32	the Mayor for his or her consideration; to further provide for
33	33	the necessary vote of the council if the mayor returns the
34	34	ordinance or resolution of the council with his or her
35	35	objections.
36	36	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
37	37	Section 1. This act shall apply only to any Class 3
38	38	municipality organized under Act 618 of the 1973 Regular
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66	66	28 HB512 INTRODUCEDHB512 INTRODUCED
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68	68	Session (Acts 1973, p. 879), providing for the mayor-council
69	69	form of government in certain municipalities having a certain
70	70	population according to the 1970 federal decennial census.
71	71	Section 2. Section 45-51A-33.64 of the Code of Alabama
72	72	1975, is amended to read as follows:
73	73	"§45-51A-33.64
74	74	(a) The council shall hold regular public meetings at
75	75	least twice per month, one meeting to be held between the
76	76	first and fifteenth day of the month and one meeting to be
77	77	held between the sixteenth and the last day of the month, at a
78	78	regular hour to be fixed by the order of the council, from
79	79	time to time, and publicly announced; it may hold such
80	80	adjourned, called, special, or other meetings as the business
81	81	of the city may require. The president of the council, when
82	82	present, shall preside at all meetings of the council. A
83	83	majority of the council members elected shall constitute a
84	84	quorum for the transaction of any and every power conferred
85	85	upon the council, and the affirmative vote of a majority of
86	86	those members present, shall be sufficient for the passage of
87	87	any resolution, bylaw, or ordinance, or the transaction of any
88	88	business of any sort by the council or the exercise of any of
89	89	the powers conferred upon it by the terms of this part or by
90	90	law, or which may hereafter be conferred upon it. No
91	91	resolution, bylaw, or ordinance granting any franchise,
92	92	appropriating any money for any purpose, providing for any
93	93	public improvements, any regulation concerning the public
94	94	health, or of any other general or permanent nature, except
95	95	the proclamation of quarantine, shall be enacted except at a
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125	125	regular public meeting of the council or any adjournment
126	126	thereof. Every ordinance introduced at any and every such
127	127	meeting shall be in writing and read before any vote thereon
128	128	shall be taken, and the yeas and nays thereon shall be
129	129	recorded; provided that if the vote of all councilmen council
130	130	members present be unanimous, it may be so stated in the
131	131	journal without recording the yeas and nays.
132	132	(b) A record of the proceedings of every meeting of
133	133	the council shall be kept, and every resolution or ordinance
134	134	passed by the council must shall be recorded and the record of
135	135	the proceedings of the meeting, when approved by the council,
136	136	shall be signed by the president of the council and the city
137	137	clerk. Such The record shall be kept available for inspection
138	138	by all citizens of such the city at all reasonable times. No
139	139	ordinance of permanent operation shall be passed at the
140	140	meeting at which it was introduced except by unanimous consent
141	141	of all members of the council present, and such unanimous
142	142	consent shall be shown by the yea and nay votes entered upon
143	143	the minutes of the meeting; provided, however, that if all
144	144	members of the council present vote for the passage of the
145	145	ordinance and their names are so entered of record as voting
146	146	in favor thereof, it shall be construed as giving unanimous
147	147	consent to the action upon such the ordinance at the meeting
148	148	at which it is introduced. Publication of ordinances shall be
149	149	governed by Section 11-45-8. Provided, all ordinances or
150	150	resolutions, after having been passed by the council, shall,
151	151	by the clerk, shall be transmitted within 48 hours after their
152	152	passage to the mayor for his or her consideration, who, if he
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182	182	or she shall approve thereof, shall sign and return the same
183	183	to the clerk, who shall publish them, if publication thereof
184	184	is required, and such the ordinances and resolutions shall
185	185	thereupon become effective and have the force of law. Delivery
186	186	to the office of the mayor shall constitute delivery to the
187	187	mayor. An ordinance or resolution may be recalled from the
188	188	mayor at any time before it has become a law, or has been
189	189	acted on by him or her, by a resolution adopted by a majority
190	190	of the members elected to the council, in regular or special
191	191	session.
192	192	(c) If the mayor shall disapprove of any ordinance or
193	193	resolution transmitted to him or her as aforesaid, he or she
194	194	shall within 10 days of the time of its passage by the
195	195	council, return the same to the clerk with his or her
196	196	objections in writing and the clerk shall make report thereof
197	197	to the next regular meeting of the city council; and if a
198	198	majority two-thirds of the council members present shall at
199	199	that meeting adhere to the ordinance or resolution,
200	200	notwithstanding the objections, the vote being taken by yeas
201	201	or nays and spread upon the minutes, then, and not otherwise,
202	202	the ordinance or resolution shall after publication thereof,
203	203	if publication is required, have the force of law. If
204	204	publication of the ordinance or resolution is not required, it
205	205	shall take effect upon its passage over objections. The
206	206	failure of the mayor to return to the city clerk an ordinance
207	207	or resolution with his or her veto within 10 days after its
208	208	passage by the council shall operate and have the same effect
209	209	as approval of the same, and the city clerk, if publication is
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239	239	required, shall publish the same as is herein provided for the
240	240	publication of laws and ordinances of the city. And if no
241	241	publication is required, the ordinance or resolution shall
242	242	become effective upon the expiration of 10 days. Anything in
243	243	this section to the contrary notwithstanding, the mayor shall
244	244	not have the power of veto over appointments of the council,
245	245	or over any action of the council relating to an investigation
246	246	as provided for in Section 45-51A-33.242."
247	247	Section 3. This act shall become effective on the first
248	248	day of the third month following its passage and approval by
249	249	the Governor, or its otherwise becoming law.
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