Alabama 2023 Regular Session

Alabama Senate Bill SB338 Compare Versions

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

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1	1	SB338INTRODUCED
2	2	Page 0
3	3	8ZORF2-1
4	4	By Senator Hatcher (N & P)
5	5	RFD: Local Legislation
6	6	First Read: 18-May-23
7	7	2023 Regular Session
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12	12	5 8ZORF2-1 05/18/2023 FC (L) ma 2023-2177
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14	14	SYNOPSIS:
15	15	This bill would relate to any Class 3
16	16	municipality organized under Act 618 of the 1973
17	17	Regular Session and would further provide for the votes
18	18	of the city council to override a veto by the mayor.
19	19	A BILL
20	20	TO BE ENACTED
21	21	AN ACT
22	22	Relating to any Class 3 municipality organized under
23	23	Act 618 of the 1973 Regular Session (Acts 1973, p. 879),
24	24	providing for the mayor-council form of government in certain
25	25	municipalities having a certain population according to the
26	26	1970 federal decennial census; to amend Section 45-51A-33.64
27	27	of the Code of Alabama 1975, relating to the passage of
28	28	ordinances and resolutions by the city council and the
29	29	delivery of the ordinances and resolutions to the Office of
30	30	the Mayor for his or her consideration; to further provide for
31	31	the necessary vote of the council if the mayor returns the
32	32	ordinance or resolution of the council with his or her
33	33	objections.
34	34	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
35	35	Section 1. This act shall apply only to any Class 3
36	36	municipality organized under Act 618 of the 1973 Regular
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64	64	28 SB338 INTRODUCEDSB338 INTRODUCED
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66	66	Session (Acts 1973, p. 879), providing for the mayor-council
67	67	form of government in certain municipalities having a certain
68	68	population according to the 1970 federal decennial census.
69	69	Section 2. Section 45-51A-33.64 of the Code of Alabama
70	70	1975, is amended to read as follows:
71	71	"§45-51A-33.64
72	72	(a) The council shall hold regular public meetings at
73	73	least twice per month, one meeting to be held between the
74	74	first and fifteenth day of the month and one meeting to be
75	75	held between the sixteenth and the last day of the month, at a
76	76	regular hour to be fixed by the order of the council, from
77	77	time to time, and publicly announced; it may hold such
78	78	adjourned, called, special, or other meetings as the business
79	79	of the city may require. The president of the council, when
80	80	present, shall preside at all meetings of the council. A
81	81	majority of the council members elected shall constitute a
82	82	quorum for the transaction of any and every power conferred
83	83	upon the council, and the affirmative vote of a majority of
84	84	those members present, shall be sufficient for the passage of
85	85	any resolution, bylaw, or ordinance, or the transaction of any
86	86	business of any sort by the council or the exercise of any of
87	87	the powers conferred upon it by the terms of this part or by
88	88	law, or which may hereafter be conferred upon it. No
89	89	resolution, bylaw, or ordinance granting any franchise,
90	90	appropriating any money for any purpose, providing for any
91	91	public improvements, any regulation concerning the public
92	92	health, or of any other general or permanent nature, except
93	93	the proclamation of quarantine, shall be enacted except at a
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123	123	regular public meeting of the council or any adjournment
124	124	thereof. Every ordinance introduced at any and every such
125	125	meeting shall be in writing and read before any vote thereon
126	126	shall be taken, and the yeas and nays thereon shall be
127	127	recorded; provided that if the vote of all councilmen council
128	128	members present be unanimous, it may be so stated in the
129	129	journal without recording the yeas and nays.
130	130	(b) A record of the proceedings of every meeting of
131	131	the council shall be kept, and every resolution or ordinance
132	132	passed by the council must shall be recorded and the record of
133	133	the proceedings of the meeting, when approved by the council,
134	134	shall be signed by the president of the council and the city
135	135	clerk. Such The record shall be kept available for inspection
136	136	by all citizens of such the city at all reasonable times. No
137	137	ordinance of permanent operation shall be passed at the
138	138	meeting at which it was introduced except by unanimous consent
139	139	of all members of the council present, and such unanimous
140	140	consent shall be shown by the yea and nay votes entered upon
141	141	the minutes of the meeting; provided, however, that if all
142	142	members of the council present vote for the passage of the
143	143	ordinance and their names are so entered of record as voting
144	144	in favor thereof, it shall be construed as giving unanimous
145	145	consent to the action upon such the ordinance at the meeting
146	146	at which it is introduced. Publication of ordinances shall be
147	147	governed by Section 11-45-8. Provided, all ordinances or
148	148	resolutions, after having been passed by the council, shall,
149	149	by the clerk, shall be transmitted within 48 hours after their
150	150	passage to the mayor for his or her consideration, who, if he
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180	180	or she shall approve thereof, shall sign and return the same
181	181	to the clerk, who shall publish them, if publication thereof
182	182	is required, and such the ordinances and resolutions shall
183	183	thereupon become effective and have the force of law. Delivery
184	184	to the office of the mayor shall constitute delivery to the
185	185	mayor. An ordinance or resolution may be recalled from the
186	186	mayor at any time before it has become a law, or has been
187	187	acted on by him or her, by a resolution adopted by a majority
188	188	of the members elected to the council, in regular or special
189	189	session.
190	190	(c) If the mayor shall disapprove of any ordinance or
191	191	resolution transmitted to him or her as aforesaid, he or she
192	192	shall within 10 days of the time of its passage by the
193	193	council, return the same to the clerk with his or her
194	194	objections in writing and the clerk shall make report thereof
195	195	to the next regular meeting of the city council; and if a
196	196	majority two-thirds of the council members present shall at
197	197	that meeting adhere to the ordinance or resolution,
198	198	notwithstanding the objections, the vote being taken by yeas
199	199	or nays and spread upon the minutes, then, and not otherwise,
200	200	the ordinance or resolution shall after publication thereof,
201	201	if publication is required, have the force of law. If
202	202	publication of the ordinance or resolution is not required, it
203	203	shall take effect upon its passage over objections. The
204	204	failure of the mayor to return to the city clerk an ordinance
205	205	or resolution with his or her veto within 10 days after its
206	206	passage by the council shall operate and have the same effect
207	207	as approval of the same, and the city clerk, if publication is
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237	237	required, shall publish the same as is herein provided for the
238	238	publication of laws and ordinances of the city. And if no
239	239	publication is required, the ordinance or resolution shall
240	240	become effective upon the expiration of 10 days. Anything in
241	241	this section to the contrary notwithstanding, the mayor shall
242	242	not have the power of veto over appointments of the council,
243	243	or over any action of the council relating to an investigation
244	244	as provided for in Section 45-51A-33.242."
245	245	Section 3. This act shall become effective on the first
246	246	day of the third month following its passage and approval by
247	247	the Governor, or its otherwise becoming law.
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