THE RULES OF THE SENATE OF ALABAMA

Rules Relating to Committees

RULE 48. There shall be twenty-two (22) standing committees on the following subjects:

(1) The Committee on Economic Expansion and Trade (Economic Affairs for statutory purposes), to which committee shall be referred bills pertaining to Alabama's industrial bond programs relating to international business, expansion of existing industry or business affecting international and domestic trade, interstate trade involving Alabama goods and services and any other item requiring action deemed appropriate by the assigning authority. The Committee on Economic Expansion and Trade shall not exceed 11 members.

(2) The Committee on Rules, shall have supervision over the Revision of the Journal, Enrolled Bills, and Engrossed Bills. In addition, the Committee on Rules shall consider and report on matters required by the Rules of the Senate, as follows: motions or resolutions to set aside a regular order of business (Rule 9); motions or resolutions for a Special Order (Rules 9 and 13); special rules that debate on a pending measure shall cease at a certain hour and a vote be taken on the measure shall cease at a certain hour (Rule 20); propositions to suspend, modify, or amend any rule or any part thereof (Rule 35); all resolutions that may be referred to it (Rule 55). Also, the Committee on Rules shall render advisory opinions to any lobbyist who seeks advice about the rules relating to lobbying, and the committee shall make recommendations regarding the imposition of penalties prescribed for violations of the rules relating to lobbying. The Committee on Rules shall not exceed 12 members.

(3) The Committee on Confirmations, which shall deal with nominations, appointments by the Governor and all other appointments requiring confirmations (Rule 32), and is empowered to hold hearings and take testimony regarding those matters where deemed appropriate. The Committee on Confirmations shall not exceed 11 members.

(4) The Committee on Finance and Taxation Education, to which committee shall be referred bills and other matters concerning the Education Trust Fund in regard to revenues, appropriations, expenditures, and public debts of the State, and the administration of the State's taxation and revenue law, including measures that would require new expenditures or increases in appropriations of state funds or that would affect any reductions in state revenue. The Committee on Finance and Taxation Education shall not exceed 14 members.

(5) The Committee on Finance and Taxation General Fund, to which committee shall be referred bills and other matters concerning the state general fund in regard to revenues, appropriations, expenditures, and public debts of the State, and the administration of the State's taxation and revenue law, including measures that would require new expenditures or increases in appropriations of state funds or that would affect any reductions in state revenue. The Committee on Finance and Taxation General Fund shall not exceed 14 members.

(6) The Committee on Fiscal Responsibility and Accountability, to which committee bills will be assigned which address such matters as fiscal responsibility, reforming the budgetary process, state procurement practices, state bid laws, state contracts, and other matters related to bringing accountability to the use of taxpayers' dollars. The Committee on Fiscal Responsibility and Accountability shall not exceed 11 members.

(7) The Committee on the Judiciary, to which committee shall be referred bills and other matters concerning crime and punishment, law enforcement, the judiciary and other matters affecting the criminal or civil laws of Alabama. The Committee on the Judiciary shall not exceed 11 members.

(8) The Committee on Governmental Affairs, to which committee shall be referred bills and other matters concerning the organization and operation of state government and the organization and government of any incorporated municipality in the State of Alabama and matters relating to the organization and government of counties in Alabama. The Committee on Governmental Affairs shall not exceed 11 members.

(9) The Committee on Education, to which committee shall be referred bills addressing all education reforms in primary, secondary, post secondary, higher education and the Department of Education. The Committee on Education shall not exceed 11 members.

(10) The Committee on Constitution, Campaign Finance, Ethics, and Elections, to which committee shall be referred bills and other matters concerning proposed amendments or revisions to the Constitution of Alabama, as well as a new Alabama Constitution, reforming campaign finance laws, strengthening laws related to ethics of public officials, and state election laws. The Committee on Constitution, Campaign Finance, Ethics, and Elections shall not exceed 11 members.

(11) The Committee on Agriculture, Conservation and Forestry, to which all bills and matters relating to Alabama's agriculture and forestry, as well as wildlife, water resources, land, air, and ensuring the preservation of fish and game for future generations of Alabamians. The Committee on Agriculture, Conservation, and Forestry shall not exceed 11 members.

(12) The Committee on Banking and Insurance, to which committee shall be referred all bills and other matters concerning: banks, banking, savings and loan associations, credit unions, and other financial institutions in this State, including the small loan business; and all bills and other matters concerning the business of insurance in Alabama, including bills and other matters relating to private pension and retirement systems. The Committee on Banking and Insurance shall not exceed 11 members.

(13) The Committee on Small Business and Economic Development, to which committee shall be referred all bills relating to the creation of small businesses, the maintenance of existing small business, the recruitment of other small business, and the economic development of communities. The Committee on Small Business and Economic Development shall not exceed 11 members.

(14) The Committee on Industrial Development and Recruitment, to which committee shall be referred bills pertaining to industrial recruitment, the Alabama Development Office, the expansion of existing industry, and other matters relating to economic growth. The Committee on Industrial Development and Recruitment shall not exceed 11 members.

(15) The Committee on Commerce, Transportation, and Utilities, to which committee shall be referred bills and other matters concerning commerce; motor vehicles; traffic regulation; highways; railways; airports; air transportation; mining and reclamation; waste and waste reduction; oil and gas; common carriers or other forms of transportation; utilities and utility systems. The Committee on Commerce, Transportation, and Utilities shall not exceed 11 members.

(16) The Committee on Health, to which committee shall be referred all bills and other matters concerning the health of the people of Alabama, and any other matters which affect the health care of the citizens of Alabama. The Committee on Health shall not exceed 11 members.

(17) The Committee on Energy and Natural Resources, to which committee shall be referred bills and other matters relating to oil, gas, and other energy matters. In addition, all bills relating to ports, harbors and docks and the preservation of Alabama's natural resources for future generations. The Committee on Energy and Natural Resources shall not exceed 11 members.

(18) The Committee on Tourism and Marketing, to which committee shall be referred all bills relating to increasing tourism from both domestic and international markets and the maintenance of the tourism-related industries in Alabama and any general bill providing for or dealing with pari-mutuel betting, gambling or games of chance or affecting an existing facility. The Committee on Tourism and Marketing shall not exceed 11 members.

(19) The Committee on Business and Labor, to which committee shall be referred bills and matters concerning the condition and interest of the work force and matters related to the Department of Industrial Relations and the Department of Labor. The Committee on Business and Labor shall not exceed 11 members.

(20) The Committee on Children, Youth Affairs and Human Resources, to which committee shall be referred bills and other matters relating to the children and youth of Alabama; and all bills that relate to the operation of programs managed by the Department of Human Resources; the needs of senior citizens; adoption laws; and welfare reform. The Committee on Children, Youth Affairs and Human Resources shall not exceed 11 members.

(21) The Committee on Veterans and Military Affairs, to which committee shall be referred bills and matters addressing military affairs, the National Guard, Reserve and veterans. The Committee on Veterans and Military Affairs shall not exceed 11 members.

(22) There shall be three (3) Local Legislative Committees described as follows:

(a) Local Legislation No. 1, to which committee shall be referred all bills and other matters concerning local legislation in counties having a population of less than 300,000. Local legislation under this rule shall consist of any bill that applies to any political subdivision or subdivisions of the state less than the whole. The Committee on Local Legislation No. 1 shall consist of (____) members.

(b) Local Legislation No. 2, to which committee shall be referred all bills and other matters concerning local legislation in counties having a population of 500,000 or more. Local legislation under this rule shall consist of any bill that applies to any political subdivision or subdivisions of the state less than the whole. The Committee on Local Legislation No. 2 shall consist of (___) members.

(c) Local Legislation No. 3, to which committee shall be referred all bills and other matters concerning local legislation in counties having a population of between 300,000 and 500,000. Local legislation under this rule shall consist of any bill that applies to any political subdivision or subdivisions of the state less than the whole. The Committee on Local Legislation No. 3 shall consist of (___) members.

(23) That pursuant to the provisions of Section 53 of Article IV of the Constitution of Alabama of 1901, there is created a Senate Ethics and Conduct Committee whose responsibility shall be to consider and, when necessary, act upon complaints of misconduct brought against an individual Senator during his or her participation in a session of the Senate or his or her participation in a standing or interim committee. The committee shall be composed of five members of the Senate elected by the Senate at the earliest possible time after the convening of the first regular session of the quadrennium as designated by the President Pro Tempore and the members shall serve without compensation. Members shall serve for a quadrennium. The procedure for the election of members to the committee shall be as herein provided. At the appointed time of election to be determined by the President of the Senate there shall be a call of districts. When his or her district is called, each Senator desiring to vote shall deliver to the Secretary of the Senate a list of five names of persons for whom the Senator votes. After each Senator who wishes to do so has submitted a list of five names, the Secretary shall receive the names for counting. The results of the election shall be tabulated by the Secretary under the supervision of a committee of three Senators appointed by the President of the Senate for that purpose. The Secretary shall certify to the Presiding Officer the names of the five Senators receiving the most votes. In the event of a tie vote, a second election shall be held in the same manner as the initial election was held. Senators shall vote for only the number of names that equals the number of positions on the committee to be filled. No ballot shall be counted if it contains a number of names greater than the number required to be elected. Any vacancy on the committee shall be filled in the same manner as the original members were elected. A chair and vice-chair of the committee shall be elected from among the membership of the committee. If a complaint is brought against a member of the committee, that member shall not participate as a member of the committee in considering the complaint. The President of the Senate shall appoint a temporary replacement for that member to participate in the review of the complaint. The temporary member shall possess the same powers as other members of the committee. The committee shall receive complaints of misconduct against an individual Senator and recommend such action as it deems necessary to fulfill the responsibilities of the committee.

For the purposes of this Rule, misconduct means any of the following:

(1) Any conduct constituting a legal wrong that materially impairs the ability of the member to perform the duties of his or her office or substantially impairs public confidence in the Legislature.

(2) Any conduct by a Senator which intentionally violates any Senate Rule in the conduct of Senate business, whether official or unofficial business.

(3) Any conduct by a Senator which, during his or her term of office, sexually harasses any other person of either sex. For purposes of this resolution, unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when a.) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, b.) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or c.) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment. In determining whether alleged conduct constitutes sexual harassment, the committee will look at the record as a whole and the totality of the circumstances, such as the nature of the sexual advances and the context in which the alleged incidents occurred. The determination of the legality of a particular action will be made from the facts, on a case by case basis.

(4) Any conduct by a Senator which violates any provision of the State Ethics Law, Chapter 25 of Title 36 of the Code of Alabama 1975.

(5) Any conduct prohibited by the Constitution of Alabama of 1901.

(6) The intentional filing of a false complaint with the committee or the filing of a complaint in reckless disregard of the truth.

The procedure to be followed by the committee is as follows:

(1) Only a member of the Senate may file a written complaint with the committee. The complaint shall include all of the following information:

(a) The name of the Senator alleged to have committed the violation.

(b) The name of the Senator filing the complaint.

(c) The nature of the alleged violation.

(d) Facts that support the complaint.

(e) The date of the alleged violation. The complaint shall be in writing, signed by the Senator filing the complaint, and specify in detail the conduct in question. No complaint alleging a violation shall be filed more than one year after the date the alleged violation occurred. The Senator against whom the complaint has been brought shall be notified in writing by the committee and provided a copy of the complaint. Within 15 days after receipt of the complaint, the Senator may file a written answer to the complaint with the committee. Failure to file a written answer shall not be deemed to be an admission or create an inference or presumption that the complaint is true.

(2) At all times during any proceeding conducted pursuant to this resolution, the Senator accused of misconduct shall be given such notice and hearing as is requisite to due process of law guaranteed under the United States Constitution and the Constitution of Alabama. Prior to taking any action, the committee shall notify the Senator accused of misconduct and shall grant the Senator an opportunity to respond at a hearing on the complaint. Since, by the very nature of a hearing on a complaint filed pursuant to this resolution, the character or good name of a woman or man will be involved in the hearing, the filing of the complaint shall be confidential and the committee shall meet in executive session for purposes of hearing and deciding complaints filed.

(3) After thorough investigation, by a majority vote, the committee may determine that no misconduct has occurred.

(4) The committee, in executive session, may address the accused Senator by issuing a warning.

(5) The committee by a four-fifths vote may recommend to the Senate as a whole that further action against the accused Senator be initiated. The committee may adopt rules of procedure, not inconsistent with this resolution, for the orderly conduct of its affairs, investigations, hearings, and meetings.

RULE 49.

(a) No committee, with the exception of the Committee on Rules and the Committee on Assignments shall meet on the Senate floor while the Senate is in session. No committee shall meet off the Senate floor while the Senate is in session unless the time and place shall be previously announced by a Presiding Officer of the Senate.

(b) Each committee shall have investigatory powers and is authorized to hold hearings on any subject under its jurisdiction, to require attendance, upon appropriate notice, of State government officials and/or employees to give testimony at such hearings, and to formulate reports and recommendations regarding the activities or actions of such agency or department being investigated or reviewed by such committee.

(c) The Chairperson of a standing committee may appoint a subcommittee from the membership of the Standing Committee to study any bill or resolution assigned to the committee. All rules governing the meetings of committees apply to subcommittees, except as hereabouts stated. If a subcommittee gives a bill a favorable report, the full committee must still take action on the bill before it can be favorably reported for its second reading. However, the Chairperson of a committee shall have the option of removing a bill that was previously assigned to a subcommittee so that the full committee can take action on said bill.

RULE 50.

(a) Any bill providing for or dealing with pari-mutuel betting, gambling, games of chance, or affecting existing facilities thereof, shall first be assigned to the appropriate Local Legislation Committee if applicable. If the appropriate Local Legislation Committee gives the bill a favorable report, said bill shall then be referred to The Committee on Tourism and Marketing for further action and to be treated in all further respects as a local bill. Any general bill providing for or dealing with pari-mutuel betting, gambling, games of chance or affecting existing facilities thereof, shall be assigned to the Committee on Tourism and Marketing.

(b) Any local bill dealing with environmental issues as well as fees or taxes thereon affecting more than one political subdivision of the state shall first be assigned to the appropriate Local Legislation Committee. If the appropriate Local Legislation Committee gives the bill a favorable report, said bill shall then be referred to the appropriate standing committee and be treated in all further respects as a general bill.

RULE 51. Smoking shall not be permitted in any Committee meetings of the Senate.

RULE 52.

(a) The drafts of all bills which are for introduction at any session of the Legislature, and which are not prepared by the Legislative Reference Service, the Legislative Fiscal Office, or the Executive Budget Office must be presented to the Legislative Reference Service for review of form only and for entry into the Legislative Data Bank.

(b) All amendments and substitutes offered on the floor of the Senate must be in the Legislative Data Bank prior to offering.

(c) The title of any bill introduced in the Senate shall be no more than five typed pages.

RULE 53. When motions are made for reference of the same subject to a select committee and to a standing committee, the question on reference to the standing committee shall be put first. A select committee is a committee appointed by the Chair to study one specific question and ceases to exist when the purpose for which it was selected has been resolved.

RULE 54. A bill or resolution carrying an appropriation may be referred to a committee other than the appropriate Finance and Taxation Committee if the subject matter requires such referral in the judgment of the President Pro Tempore or his/her designee. However, such bill or resolution may also be referred to (at the discretion of the President Pro Tempore or his/her designee with the concurrence of the Presiding Officer or his or her designee) and reported by the appropriate committee on Finance and Taxation after being given a second reading.

RULE 55. All resolutions shall be referred to and reported from the Committee on Rules before consideration by the Senate. This rule shall not apply to resolutions requiring immediate consideration. Resolutions of congratulation, commendation, or sympathy may be reported by the Committee on Rules, in resolution form, en masse for adoption by the Senate; provided, however, any such resolution so reported, which requires action other than congratulating, commending or expressing sympathy, shall be void ab initio.

RULE 56. When a bill has been acted upon by a standing committee, the committee's Chairperson shall endorse on said bill:

This bill was referred to the Standing Committee of the Senate on ______________________________ and was acted upon by such Committee in session and is by order of the Committee returned therefrom with ______________ report by a vote of yeas __________ nays ___________ this ___________ day of ________________ 20____.

_________________________________________________________
Chairperson

RULE 57. The final vote of a committee on a bill shall be recorded and kept as a permanent record in the office of the Secretary of the Senate. No bill shall receive its second reading without the final vote of a committee attached thereto. This rule shall not apply to local bills. Whenever possible, it shall be the responsibility of the Chairperson of each committee to post at least four (4) hours in advance, notice of the committee agenda, which shall include the bill number or a short synopsis of each bill, along with the time and place of each meeting.

RULE 58. A committee may return a bill or resolution for its second reading without recommendation which shall constitute action by such committee.

RULE 59. No bill shall be reported out of committee by any means without having been considered and acted upon at a meeting of the committee to which such bill was assigned. If a bill has remained in a committee for six or more legislative days without being acted upon, any member, after the 12th legislative day, may make a motion that the bill be assigned to another committee. This motion shall be voted on immediately and upon the approval of 21 or more Senators, the bill shall be removed from the committee to which the bill was assigned and reassigned to another committee pursuant to the same procedure used to previously assign the bill.

RULE 60. The Committee on Rules may report at any time.

RULE 61. Whenever the Chairperson of any committee shall refuse to call a meeting of such committee, then a majority of the members of the committee may call a meeting by giving one day's written notice setting the time and place for such meeting. Such notice shall be read by the Secretary and posted in the Senate Chamber. Whenever the Chairperson and Vice Chairperson are absent at any committee meeting, a majority of a committee may designate any member of the committee as Acting Chairperson for that particular meeting only.

RULE 62. When the Chairperson of a committee has scheduled a public hearing to be held on any bill and the hearing has been announced, the hearing may be convened and held with a minimum of one-third of the membership of such committee present.