1 HB174

2 173460-3

3 By Representatives Faulkner, Mooney, Hubbard, Faust, Gaston,

4 Greer, Boothe, Polizos, Chesteen, Garrett, Carns, Drake,

5 Wingo, Brown, Williams (P), Holmes (M), Fincher, Hammon,

6 Baker, Shiver, Beckman, Moore (B), Clouse, Lee, Ainsworth,

7 Whorton (I), Williams (JW), Rich, Pettus, Ledbetter, Whorton

8 (R), Sanderford, Farley, Butler, Hill (M), Fridy, Weaver,

9 Johnson (K), Nordgren, South, McMillan, Standridge, Beech,

10 Hill (J), Wadsworth, Johnson (R), Hurst, Hanes, Collins, Rowe,

11 Henry, Ball and Ingram

12 RFD: State Government

13 First Read: 09-FEB-16

Page 0

HB174

1

2 ENROLLED, An Act,

3 Relating to prohibited practices relating to

4 employer and employee relationships; to prohibit local

5 governmental entities from requiring minimum leave, wages, or

6 other benefits for employees, classes of employees, or

7 independent contractors of employers; and to provide for the

8 Alabama Uniform Minimum Wage and Right-to-Work Act to retain

9 the exclusive authority of the state through the Legislature

10 to regulate collective bargaining under federal labor laws,

11 and wages, leave, and benefits provided by an employer to

12 employees, classes of employees, and independent contractors.

13 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

14 Section 1. (a) This act shall be known and cited as

15 the Alabama Uniform Minimum Wage and Right-to-Work Act.

16 Section 2. (a) For purposes of this act, the

17 following words have the following meanings:

18 (1) DISCRIMINATION. An action by an employer or a

19 distinction by an employer that adversely affects an employee

20 or job applicant based on a group, class, or category to which

21 that person belongs.

22 (2) EMPLOYEE. An individual employed in this state

23 by an employer or a natural person who performs services for

24 an employer for valuable consideration and does not include a

25 self-employed independent contractor.

Page 1

HB174

1 (3) EMPLOYER. A person engaging in any activity,

2 enterprise, or business in this state employing one or more

3 employees, or a person, association, or legal or commercial

4 entity receiving services from an employee or independent

5 contractor and, in return, giving compensation of any kind to

6 such employee or independent contractor.

7 (4) FEDERAL LABOR LAWS. The National Labor Relations

8 Act, compiled in 29 U.S.C.S., Section 151 et seq., and the

9 Labor Management Relations Act, compiled in 29 U.S.C.S.,

10 Section 141 et seq., as amended, presidential executive

11 orders, and federal administrative regulations relating to

12 labor and management or employee and employer issues, and the

13 United States Constitution, as amended.

14 (5) INDEPENDENT CONTRACTOR. A self-employed

15 individual who does not meet the definition of employee, as

16 provided in this act, but otherwise does meet the definition

17 of independent contractor as defined by the Internal Revenue

18 Service.

19 (6) LABOR PEACE AGREEMENT. An arrangement between a

20 union and employer under which one or both entities agree to

21 waive certain rights under federal law with regard to union

22 organizing and related activity.

23 (7) MULTI-EMPLOYER ASSOCIATION. A bargaining unit

24 composed of independent employers who associate together to

25 negotiate jointly with one or more labor organizations

Page 2

HB174

1 representing the employees of the independent employers within

2 the bargaining unit.

3 (8) PROJECT LABOR AGREEMENT. A collective bargaining

4 agreement with one or more labor unions that establishes the

5 terms and conditions of employment for a specific construction

6 project before employees are hired to work on such project.

7 (9) STATE. The State of Alabama and its agencies,

8 departments, commissions, bureaus, and offices including, but

9 not limited to, the Legislature.

10 (b) A county, municipality, or any other political

11 subdivision of this state shall not enact or administer any

12 ordinance, policy, rule, or other mandate requiring an

13 employer to provide any employee, class of employees, or

14 independent contractor with any employment benefit, including,

15 but not limited to, paid or unpaid leave, vacation, wage, or

16 work schedule, that is not required by state or federal law,

17 and shall not require an employer to compensate an employee,

18 class of employees, or independent contractor for any vacation

19 or other form of leave for which state or federal law does not

20 require the employee, class of employees, or independent

21 contractor to be compensated.

22 (c) Any ordinance, policy, rule, or other mandate of

23 a county, municipality, or any other political subdivision of

24 this state that is inconsistent with this section is void.

Page 3

HB174

1 Section 3. (a) A county, municipality, or any other

2 political subdivision of this state shall not enact or

3 administer any ordinance, rule, policy, or other mandate that

4 creates requirements, regulations, or processes relating to

5 labor peace agreements or similar agreements. Any ordinance,

6 policy, rule, or other mandate of a county, municipality, or

7 any other political subdivision of this state that is

8 inconsistent with this section is void.

9 (b)(1) No law, rule, or ordinance shall impose any

10 contractual, zoning, permitting, licensing, or other condition

11 that requires any employer or employee to waive his or her

12 rights under the National Labor Relations Act, compiled in 29

13 U.S.C.S. § 151 et seq.

14 (2) No law, rule, regulation, or ordinance shall

15 require, in whole or in part, any employer or multi-employer

16 association to accept or otherwise agree to any provisions

17 that are mandatory or non-mandatory subjects of collective

18 bargaining under federal labor laws, including, but not

19 limited to, any limitations on an employer or multi-employer

20 association's rights to engage in collective bargaining with a

21 labor organization, to lock out employees, or to operate

22 during a work stoppage; provided, this subsection shall not

23 invalidate or otherwise restrict the state from requiring the

24 use of project labor agreements to the extent permissible

25 under federal labor laws.

Page 4

HB174

1 (3) This subsection shall be interpreted and

2 enforced in a manner that is consistent with the National

3 Labor Relations Act, compiled in 29 U.S.C.S. § 151 et seq.

4 (4) Any agreement, contract, understanding, or

5 practice, written or oral, implied or expressed, between any

6 employer and any labor organization containing requirements in

7 violation of this subsection is declared to be unlawful, null

8 and void, and of no legal effect.

9 (5) An employer or employee may seek injunctive

10 relief in the Circuit Court of Montgomery County for

11 violations of the provisions of this section.

12 (c)(1) The state shall retain the exclusive

13 authority to require an employer or multi-employer association

14 to enter into a project labor agreement.

15 (2) This subsection does not prohibit an employer or

16 any other person covered by the National Labor Relations Act,

17 compiled in 29 U.S.C.S., Section 151, from entering into

18 project labor agreements or engaging in any other activity

19 protected by law. This subsection may not be interpreted to

20 interfere with the labor relations of persons covered by the

21 National Labor Relations Act.

22 (3) Relief that would interfere with the labor

23 relations of persons covered by the National Labor Relations

24 Act may not be granted under the provisions of this

25 subsection.

Page 5

HB174

1 Section 4. Notwithstanding any provision of this act

2 to the contrary, nothing in this act shall apply to those

3 state employers or employees in state service as defined in

4 Section 36-26-2, Code of Alabama 1975, or to public employers

5 and employees of state or local educational institutions or

6 systems, or to any ordinance, rule, policy, or other mandate

7 enacted by a county, municipality, or political subdivision of

8 this state relating specifically to public employees or a

9 class or employees employed by or independent contractors

10 hired by the county, municipality, or any other political

11 subdivision.

12 Section 5. If a court determines that any portion of

13 this act cannot be applied to a particular county,

14 municipality, or other political subdivision of this state,

15 this act shall remain in full force and effect for every other

16 county, municipality, and other political subdivision of this

17 state.

18 Section 6. (a) The purpose of this section is to

19 establish within the Legislature complete control over

20 regulation and policy pertaining to collective bargaining

21 under federal labor laws or the wages, leave, or other

22 employment benefits provided by an employer to an employee,

23 class of employees, or independent contractor in order to

24 ensure that such regulation and policy is applied uniformly

25 throughout the state.

Page 6

HB174

1 (b) Except as otherwise provided in this act or as

2 expressly authorized by a statute of this state, the

3 Legislature hereby occupies and preempts the entire field of

4 regulation in this state touching in any way upon collective

5 bargaining under federal labor laws or the wages, leave, or

6 other employment benefits provided by an employer to an

7 employee, class of employees, or independent contractor to the

8 complete exclusion of any policy, ordinance, rule, or other

9 mandate promulgated or enforced by any county, municipality,

10 or other political subdivision of this state.

11 (c) The authority of a county, municipality, or

12 other political subdivision of this state to regulate

13 collective bargaining under federal labor laws or the wages,

14 leave, or other benefits provided by an employer to an

15 employee, class of employees, or independent contractor shall

16 not be inferred from its proprietary authority, home rule

17 status, or any other inherent or general power.

18 (d) Any existing policies, ordinances, rules, or

19 other mandates promulgated or enforced contrary to the terms

20 of this section are null and void, and any future policy,

21 ordinance, rule, or other mandate shall comply with this

22 section.

23 Section 7. The provisions of this act are severable.

24 If any part of this act is declared invalid or

Page 7

HB174

1 unconstitutional, that declaration shall not affect the part

2 which remains.

3 Section 8. This act shall become effective

4 immediately following its passage and approval by the

5 Governor, or its otherwise becoming law.

Page 8

HB174

1

2

3

4 Speaker of the House of Representatives

5

6 President and Presiding Officer of the Senate

House of Representatives7

I hereby certify that the within Act originated in89 and was passed by the House 16-FEB-16.

10 11 Jeff Woodard12 Clerk13

14

15

Senate16 25-FEB-16 Passed

17

Page 9

1 SB270

2 173894-5

3 By Senator Williams

4 RFD: Judiciary

5 First Read: 18-FEB-16

Page 0

SB270

1 SB270

2

3

4 ENROLLED, An Act,

5 To amend Section 8-19-10, Code of Alabama 1975,

6 relating to the Alabama Deceptive Trade Practices Act; to

7 provide that the limitation provided by the act that prevents

8 a consumer from bringing an action on behalf of a class,

9 except through a district attorney or the office of the

10 Attorney General is substantive in nature, and that to allow

11 such actions would abridge, enlarge, or modify the substantive

12 rights created by this chapter.

13 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

14 Section 1. Section 8-19-10, Code of Alabama 1975, is

15 amended to read as follows:

16 "§8-19-10.

17 "(a) Any person who commits one or more of the acts

18 or practices declared unlawful under this chapter and thereby

19 causes monetary damage to a consumer, and any person who

20 commits one or more of the acts or practices declared unlawful

21 in subdivisions (19) and (20) of Section 8-19-5 and thereby

22 causes monetary damage to another person, shall be liable to

23 each consumer or other person for:

24 "(1) Any actual damages sustained by such consumer

25 or person, or the sum of $100, whichever is greater; or

Page 1

SB270

1 "(2) Up to three times any actual damages, in the

2 court's discretion. In making its determination under this

3 subsection, the court shall consider, among other relevant

4 factors, the amount of actual damages awarded, the frequency

5 of the unlawful acts or practices, the number of persons

6 adversely affected thereby, and the extent to which the

7 unlawful acts or practices were committed intentionally; and

8 "(3) In the case of any successful action or

9 counterclaim to enforce the foregoing liability or in which

10 injunctive relief is obtained, the costs of the action or

11 counterclaim, together with a reasonable attorney's fee. On a

12 finding by the court that an action or counterclaim under this

13 section was frivolous or brought in bad faith or for the

14 purpose of harassment, the court shall award to the defendant

15 (or counterclaim-defendant) reasonable attorney's fees and

16 costs.

17 "(b) The liability provided in this section may be

18 enforced by counterclaim in an action arising from the same

19 transaction without regard to the statute of limitations

20 provided in Section 8-19-14.

21 "(c) Any action under this section may be brought in

22 the circuit court for the county in which the defendant

23 resides, has his/her principal place of business, is doing

24 business, or committed the unlawful act or practice.

Page 2

SB270

1 "(d) Upon commencement of any action brought under

2 this section, the clerk of the court shall mail a copy of the

3 complaint or other initial pleading to the office of the

4 Attorney General and to the local district attorney and, upon

5 entry of any injunction, judgment, or decree in the action,

6 shall mail a copy of such injunction, judgment, or decree to

7 the office of the Attorney General and to the local district

8 attorney.

9 "(e) At least 15 days prior to the filing of any

10 action under this section, a written demand for relief,

11 identifying the claimant and reasonably describing the unfair

12 or deceptive act or practice relied upon and the injury

13 suffered, shall be communicated to any prospective respondent

14 by placing in the United States mail or otherwise. Any person

15 receiving such a demand for relief who, within 15 days of the

16 delivering of the demand for relief, makes a written tender of

17 settlement which is rejected by the claimant may, in any

18 subsequent action, file the written tender and an affidavit

19 concerning this rejection. If the court finds that the relief

20 tendered was sufficient to compensate the petitioner for his

21 or her actual damages, the court shall not award any

22 additional damages or attorney's fees or costs to the

23 petitioner. The demand requirements of this subsection shall

24 not apply if the prospective respondent does not maintain a

25 place of business or does not keep assets within the state,

Page 3

SB270

1 but such respondent may otherwise employ the provisions of

2 this section by making a written offer of relief and paying

3 the rejected tender into court as soon as practicable after

4 receiving notice of an action commenced under this section.

5 All written tenders of settlement such as described in this

6 subsection shall be presumed to be offered without prejudice

7 in compromise of a disputed matter.

8 "(f) A consumer or other person bringing an action

9 under this chapter may not bring an action on behalf of a

10 class; provided, however, that the office of the Attorney

11 general or district attorney shall have the authority to bring

12 action in a representative capacity on behalf of any named

13 person or persons. In any such action brought by the office of

14 the Attorney General or a district attorney the court shall

15 not award minimum damages or treble damages, but recovery

16 shall be limited to actual damages suffered by the person or

17 persons, plus reasonable attorney's fees and costs.

18 "(f) A consumer or other person bringing an action

19 under this chapter may not bring an action on behalf of a

20 class. The limitation in this subsection is a substantive

21 limitation and allowing a consumer or other person to bring a

22 class action or other representative action for a violation of

23 this chapter would abridge, enlarge, or modify the substantive

24 rights created by this chapter. provided,

Page 4

SB270

1 "(g) Notwithstanding the limitation in subsection

2 (f), only the office of the Attorney General or district

3 attorney shall have the right and authority to bring action in

4 a representative capacity on behalf of any named person or

5 persons. In any such representative action brought by the

6 office of the Attorney General or a district attorney, the

7 court shall not award minimum damages or treble damages, but

8 recovery shall be limited to actual damages suffered by the

9 person or persons, plus reasonable attorney's fees and costs.

10 "(g) (h) Any person who sells, distributes, or

11 manufactures cigarettes and sustains direct economic or

12 commercial injury as a result of a violation of subdivision

13 (23) of Section 8-19-5 may bring an action in good faith for

14 appropriate injunctive relief."

15 Section 2. This act shall become effective on the

16 first day of the third month following its passage and

17 approval by the Governor, or its otherwise becoming law.

Page 5

SB270

1

2

3

4 President and Presiding Officer of the Senate

5

6 Speaker of the House of Representatives

SB27078 Senate 22-MAR-169 I hereby certify that the within Act originated in and passed

10 the Senate, as amended.11 12 Patrick Harris13 Secretary14

15

16 17 House of Representatives18 Amended and passed 03-MAY-16

19

20

21 Senate concurred in House amendment 04-MAY-16

22

23

24 By: Senator Williams

Page 6

1 SB420

2 177151-2

3 By Senator Williams

4 RFD: Judiciary

5 First Read: 19-APR-16

Page 0

SB420

1 SB420

2

3

4 ENROLLED, An Act,

5 To amend Section 13A-3-23, Code of Alabama 1975,

6 relating to the use of force in defense of a person, to

7 require a pretrial hearing in which a defendant claiming

8 self-defense must prove by a preponderance of the evidence

9 that the force, including deadly force, was justified; to

10 require the entry of an order dismissing the case under

11 certain conditions; and allowing certain defendants to

12 continue to claim self-defense at trial.

13 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

14 Section 1. Section 13A-3-23, Code of Alabama 1975,

15 is amended to read as follows:

16 "§13A-3-23.

17 "(a) A person is justified in using physical force

18 upon another person in order to defend himself or herself or a

19 third person from what he or she reasonably believes to be the

20 use or imminent use of unlawful physical force by that other

21 person, and he or she may use a degree of force which he or

22 she reasonably believes to be necessary for the purpose. A

23 person may use deadly physical force, and is legally presumed

24 to be justified in using deadly physical force in self-defense

Page 1

SB420

1 or the defense of another person pursuant to subdivision (5),

2 if the person reasonably believes that another person is:

3 "(1) Using or about to use unlawful deadly physical

4 force.

5 "(2) Using or about to use physical force against an

6 occupant of a dwelling while committing or attempting to

7 commit a burglary of such dwelling.

8 "(3) Committing or about to commit a kidnapping in

9 any degree, assault in the first or second degree, burglary in

10 any degree, robbery in any degree, forcible rape, or forcible

11 sodomy.

12 "(4) Using or about to use physical force against an

13 owner, employee, or other person authorized to be on business

14 property when the business is closed to the public while

15 committing or attempting to commit a crime involving death,

16 serious physical injury, robbery, kidnapping, rape, sodomy, or

17 a crime of a sexual nature involving a child under the age of

18 12.

19 "(5) In the process of unlawfully and forcefully

20 entering, or has unlawfully and forcefully entered, a

21 dwelling, residence, business property, or occupied vehicle,

22 or federally licensed nuclear power facility, or is in the

23 process of sabotaging or attempting to sabotage a federally

24 licensed nuclear power facility, or is attempting to remove,

25 or has forcefully removed, a person against his or her will

Page 2

SB420

1 from any dwelling, residence, business property, or occupied

2 vehicle when the person has a legal right to be there, and

3 provided that the person using the deadly physical force knows

4 or has reason to believe that an unlawful and forcible entry

5 or unlawful and forcible act is occurring. The legal

6 presumption that a person using deadly physical force is

7 justified to do so pursuant to this subdivision does not apply

8 if:

9 "a. The person against whom the defensive force is

10 used has the right to be in or is a lawful resident of the

11 dwelling, residence, or vehicle, such as an owner or lessee,

12 and there is not an injunction for protection from domestic

13 violence or a written pretrial supervision order of no contact

14 against that person;

15 "b. The person sought to be removed is a child or

16 grandchild, or is otherwise in the lawful custody or under the

17 lawful guardianship of, the person against whom the defensive

18 force is used;

19 "c. The person who uses defensive force is engaged

20 in an unlawful activity or is using the dwelling, residence,

21 or occupied vehicle to further an unlawful activity; or

22 "d. The person against whom the defensive force is

23 used is a law enforcement officer acting in the performance of

24 his or her official duties.

Page 3

SB420

1 "(b) A person who is justified under subsection (a)

2 in using physical force, including deadly physical force, and

3 who is not engaged in an unlawful activity and is in any place

4 where he or she has the right to be has no duty to retreat and

5 has the right to stand his or her ground.

6 "(c) Notwithstanding the provisions of subsection

7 (a), a person is not justified in using physical force if:

8 "(1) With intent to cause physical injury or death

9 to another person, he or she provoked the use of unlawful

10 physical force by such other person.

11 "(2) He or she was the initial aggressor, except

12 that his or her use of physical force upon another person

13 under the circumstances is justifiable if he or she withdraws

14 from the encounter and effectively communicates to the other

15 person his or her intent to do so, but the latter person

16 nevertheless continues or threatens the use of unlawful

17 physical force.

18 "(3) The physical force involved was the product of

19 a combat by agreement not specifically authorized by law.

20 "(d)(1) A person who uses force, including deadly

21 physical force, as justified and permitted in this section is

22 immune from criminal prosecution and civil action for the use

23 of such force, unless the force was determined to be unlawful.

24 "(2) Prior to the commencement of a trial in a case

25 in which a defense is claimed under this section, the court

Page 4

SB420

1 having jurisdiction over the case, upon motion of the

2 defendant, shall conduct a pretrial hearing to determine

3 whether force, including deadly force, used by the defendant

4 was justified or whether it was unlawful under this section.

5 During any pretrial hearing to determine immunity, the

6 defendant must show by a preponderance of the evidence that he

7 or she is immune from criminal prosecution.

8 "(3) If, after a pretrial hearing under subdivision

9 (2), the court concludes that the defendant has proven by a

10 preponderance of the evidence that force, including deadly

11 force, was justified, the court shall enter an order finding

12 the defendant immune from criminal prosecution and dismissing

13 the criminal charges.

14 "(4) If the defendant does not meet his or her

15 burden of proving immunity at the pre-trial hearing, he or she

16 may continue to pursue the defense of self-defense or defense

17 of another person at trial. Once the issue of self-defense or

18 defense of another person has been raised by the defendant,

19 the state continues to bear the burden of proving beyond a

20 reasonable doubt all of the elements of the charged conduct.

21 "(e) A law enforcement agency may use standard

22 procedures for investigating the use of force described in

23 subsection (a), but the agency may not arrest the person for

24 using force unless it determines that there is probable cause

25 that the force used was unlawful."

Page 5

SB420

1 Section 2. This act shall become effective on the

2 first day of the third month following its passage and

3 approval by the Governor, or its otherwise becoming law.

Page 6

SB420

1

2

3

4 President and Presiding Officer of the Senate

5

6 Speaker of the House of Representatives

SB42078 Senate 26-APR-169 I hereby certify that the within Act originated in and passed

10 the Senate.11 12 Patrick Harris13 Secretary14

15

16 17 House of Representatives18 Passed: 04-MAY-16

19

20

21 By: Senator Williams

Page 7

1 HR334

2 177183-6

3 By Representatives Fridy, Ledbetter, Ball, Williams (P),

4 Weaver, Hill (M), Hanes, Farley, Henry, Whorton (I), Mooney,

5 Butler, Williams (JW), Ainsworth, Gaston, Pringle, Holmes (M),

6 Brown, Fincher and Rowe

7 RFD:

8 First Read: 26-APR-16

Page 0

1

2 ENGROSSED

3

4 AMENDING HOUSE RULES TO PROVIDE FOR IMPEACHMENT

5 PROCEDURES.

6

7 BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF

8 THE LEGISLATURE OF ALABAMA, That the House Rules be amended by

9 adding the following new rule:

10 Rule 79.1.

11 (a) Articles of impeachment, as provided in Section

12 173 of the Constitution of Alabama of 1901, shall be filed in

13 the form of a House resolution. Upon the filing of articles of

14 impeachment co-sponsored by at least 10 21 members, or if the

15 House is not in session, upon petition of 10 21 members to the

16 Speaker of the House, the House Judiciary Committee shall be

17 convened for the following purposes: Speaker of the House, the

18 articles shall be referred to the House Judiciary Committee

19 for the following purposes:

20 (1) To investigate allegations of misfeasance,

21 malfeasance, nonfeasance, or other misconduct of the official

22 subject to impeachment.

23 (1) To investigate the allegations asserted in the

24 Articles of Impeachment, as provided in Section 173 of the

25 Constitution of Alabama of 1901.

26 (2) To make a recommendation to the body as to

27 whether cause exists to impeach the official.

Page 1

1 (b) All meetings of the committee for the purposes

2 provided in subsection (a) shall be open to the public and

3 advance notice shall be given to the public for all meetings

4 consistent with notice requirements of other House committee

5 meetings and shall include publication of the agenda for the

6 meeting.

7 (c) The committee shall adopt rules to govern the

8 proceedings before it in order to ensure due process,

9 fundamental fairness, and a thorough investigation, provided

10 that the rules are not inconsistent with this rule.

11 (d) The committee shall gather information and may

12 hear testimony relating to the question of whether cause

13 exists to impeach the official. The gathering of information

14 or the hearing of testimony may occur at any location within

15 this state designated by the chair of the committee.

16 (e) The Clerk of the House shall assign staff to

17 assist the committee as required. The Alabama Law Institute,

18 Legislative Fiscal Office, and Legislative Reference Service

19 shall provide assistance to the committee as requested.

20 (f) Upon the conclusion of its investigation, the

21 committee shall submit its report and recommendation regarding

22 impeachment to the Clerk of the House for consideration by the

23 body. The Clerk of the House shall provide a copy of the

24 report to all members of the House within three days after

25 submission of the report. As part of its report and

26 recommendation, the committee, by majority vote, may offer

27 amendments to the impeachment resolution. If the

Page 2

1 recommendation of the committee is not unanimous, the members

2 in opposition to the recommendation shall submit a

3 consolidated report outlining the recommendation of the

4 members opposed to the majority recommendation.

5 (g)(1) If the House is in session when the committee

6 submits its report and recommendation, the impeachment

7 resolution, along with any committee amendments, shall be

8 considered by the House on the third legislative day following

9 its submission if 63 members of the House vote in favor of

10 consideration. Consideration of the Articles of Impeachment

11 shall be during the introduction of bills and resolutions

12 pursuant to Rule 6(7) and shall be in resolution form and

13 offered by one of the resolution's sponsors.

14 (2) If the House is not in session when the

15 committee submits its report and recommendation, or if the

16 House adjourns prior to consideration of the report and

17 recommendation submitted under subdivision (1), the House may

18 convene as provided in Section 173 of the Constitution of

19 Alabama of 1901, to consider the report and recommendation.

20 (3) Passage of the resolution shall require a

21 majority vote of the House membership.

Page 3

1

2

House of Representatives3

Introduced.........................4 . 26-APR-16......

5

Read for the third time and adopted6as amended.........................7 . 26-APR-16......

Yeas 78, Nays 14, Abstains 68

910 Jeff Woodard11 Clerk12

Page 4

2016 AM MCLE Materials - 12A.Update on Legislative and Ethics Issues for 20162016 AM MCLE Materials - 12B.Update on Legislative and Ethics Issues for 20162016 AM MCLE Materials - 12C.Update on Legislative and Ethics Issues for 20162016 AM MCLE Materials - 12D.Update on Legislative and Ethics Issues for 2016