SB338INTRODUCED
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8ZORF2-1
By Senator Hatcher (N & P)
RFD: Local Legislation
First Read: 18-May-23
2023 Regular Session
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5 8ZORF2-1 05/18/2023 FC (L) ma 2023-2177
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SYNOPSIS:
This bill would relate to any Class 3
municipality organized under Act 618 of the 1973
Regular Session and would further provide for the votes
of the city council to override a veto by the mayor.
A BILL
TO BE ENACTED
AN ACT
Relating to any Class 3 municipality organized under
Act 618 of the 1973 Regular Session (Acts 1973, p. 879),
providing for the mayor-council form of government in certain
municipalities having a certain population according to the
1970 federal decennial census; to amend Section 45-51A-33.64
of the Code of Alabama 1975, relating to the passage of
ordinances and resolutions by the city council and the
delivery of the ordinances and resolutions to the Office of
the Mayor for his or her consideration; to further provide for
the necessary vote of the council if the mayor returns the
ordinance or resolution of the council with his or her
objections.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. This act shall apply only to any Class 3
municipality organized under Act 618 of the 1973 Regular
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Session (Acts 1973, p. 879), providing for the mayor-council
form of government in certain municipalities having a certain
population according to the 1970 federal decennial census.
Section 2. Section 45-51A-33.64 of the Code of Alabama
1975, is amended to read as follows:
"ยง45-51A-33.64
(a) The council shall hold regular public meetings at
least twice per month, one meeting to be held between the
first and fifteenth day of the month and one meeting to be
held between the sixteenth and the last day of the month, at a
regular hour to be fixed by the order of the council, from
time to time, and publicly announced; it may hold such
adjourned, called, special, or other meetings as the business
of the city may require. The president of the council, when
present, shall preside at all meetings of the council. A
majority of the council members elected shall constitute a
quorum for the transaction of any and every power conferred
upon the council, and the affirmative vote of a majority of
those members present, shall be sufficient for the passage of
any resolution, bylaw, or ordinance, or the transaction of any
business of any sort by the council or the exercise of any of
the powers conferred upon it by the terms of this part or by
law, or which may hereafter be conferred upon it. No
resolution, bylaw, or ordinance granting any franchise,
appropriating any money for any purpose, providing for any
public improvements, any regulation concerning the public
health, or of any other general or permanent nature, except
the proclamation of quarantine, shall be enacted except at a
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regular public meeting of the council or any adjournment
thereof. Every ordinance introduced at any and every such
meeting shall be in writing and read before any vote thereon
shall be taken, and the yeas and nays thereon shall be
recorded; provided that if the vote of all councilmen council
members present be unanimous, it may be so stated in the
journal without recording the yeas and nays.
(b) A record of the proceedings of every meeting of
the council shall be kept, and every resolution or ordinance
passed by the council must shall be recorded and the record of
the proceedings of the meeting, when approved by the council,
shall be signed by the president of the council and the city
clerk. Such The record shall be kept available for inspection
by all citizens of such the city at all reasonable times. No
ordinance of permanent operation shall be passed at the
meeting at which it was introduced except by unanimous consent
of all members of the council present, and such unanimous
consent shall be shown by the yea and nay votes entered upon
the minutes of the meeting; provided, however, that if all
members of the council present vote for the passage of the
ordinance and their names are so entered of record as voting
in favor thereof, it shall be construed as giving unanimous
consent to the action upon such the ordinance at the meeting
at which it is introduced. Publication of ordinances shall be
governed by Section 11-45-8. Provided, all ordinances or
resolutions, after having been passed by the council, shall,
by the clerk, shall be transmitted within 48 hours after their
passage to the mayor for his or her consideration, who, if he
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or she shall approve thereof, shall sign and return the same
to the clerk, who shall publish them, if publication thereof
is required, and such the ordinances and resolutions shall
thereupon become effective and have the force of law. Delivery
to the office of the mayor shall constitute delivery to the
mayor. An ordinance or resolution may be recalled from the
mayor at any time before it has become a law, or has been
acted on by him or her, by a resolution adopted by a majority
of the members elected to the council, in regular or special
session.
(c) If the mayor shall disapprove of any ordinance or
resolution transmitted to him or her as aforesaid, he or she
shall within 10 days of the time of its passage by the
council, return the same to the clerk with his or her
objections in writing and the clerk shall make report thereof
to the next regular meeting of the city council; and if a
majority two-thirds of the council members present shall at
that meeting adhere to the ordinance or resolution,
notwithstanding the objections, the vote being taken by yeas
or nays and spread upon the minutes, then, and not otherwise,
the ordinance or resolution shall after publication thereof,
if publication is required, have the force of law. If
publication of the ordinance or resolution is not required, it
shall take effect upon its passage over objections. The
failure of the mayor to return to the city clerk an ordinance
or resolution with his or her veto within 10 days after its
passage by the council shall operate and have the same effect
as approval of the same, and the city clerk, if publication is
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required, shall publish the same as is herein provided for the
publication of laws and ordinances of the city. And if no
publication is required, the ordinance or resolution shall
become effective upon the expiration of 10 days. Anything in
this section to the contrary notwithstanding, the mayor shall
not have the power of veto over appointments of the council,
or over any action of the council relating to an investigation
as provided for in Section 45-51A-33.242."
Section 3. This act shall become effective on the first
day of the third month following its passage and approval by
the Governor, or its otherwise becoming law.
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