Composition; Terms; Vacancies; Meetings; Rulemaking Authority.

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Section 29-2A-2

Composition; terms; vacancies; meetings; rulemaking authority.

(a) The commission shall be composed of the following members:

(1) Three members of the House of Representatives appointed by the Speaker of the House of Representatives, one of whom shall be a member of the minority party.

(2) Three members of the Senate appointed by the President Pro Tempore of the Senate, one of whom shall be a member of the minority party.

(3) Six members appointed by the Governor.

(4) The Director of Finance, or his or her designee, who shall serve as a nonvoting member.

(5) The Deputy Director of the Legislative Services Agency Fiscal Division, or his or her designee, who shall serve as a nonvoting member.

(b) All appointing authorities shall coordinate their appointments so that diversity of gender, race, and geographical areas is reflective of the makeup of this state.

(c) The initial members of the commission shall be appointed for terms of office beginning on June 10, 2019, and expiring two years, three years, and four years, respectively, from that date so that the terms of office of two legislative appointees and two Governor appointees shall expire each year. Thereafter, appointed commission members shall serve terms of four years and may not serve more than two full consecutive terms.

(d) A vacancy on the commission shall be filled by the original appointing authority for the unexpired term.

(e) The commission shall meet at the call of the chair or any two voting members, provided that the commission shall meet at least once every six months. A majority of the appointed members of the commission shall constitute a quorum for the transaction of business at meetings. Non-legislative members shall serve without compensation, but may be reimbursed for necessary expenses and travel incurred in the course of their duties according to the policies and practices of the employers of the members appointed. Non-legislative appointees who are not state employees shall receive the same per diem and travel allowance as is paid by law to state employees for each day actively engaged in the duties of their office. Legislative members of the commission shall be entitled to their regular legislative compensation, per diem, and travel expenses each day they attend a meeting of the commission in accordance with Amendment 871 to the Constitution of Alabama of 1901, now appearing as Section 49.01 of the Official Recompilation of the Constitution of Alabama of 1901, as amended. These payments shall be paid out of any funds appropriated for the use of the Legislature by means of warrants drawn by the Comptroller on the State Treasury.

(f) Members of the commission may participate in a meeting of the commission by means of telephone conference, video conference, or similar communications equipment by means of which all persons participating in the meeting may hear each other at the same time. Participation by such means shall constitute presence in person at a meeting for all purposes.

(g) Commencing with the organizational meeting of the commission, and every two years thereafter, the appointed members of the commission shall elect a chair and a vice chair from among the appointed members. At no time may both the chair and vice chair be Governor appointees or legislative appointees.

(h) The commission shall adopt rules necessary to implement this chapter pursuant to the Alabama Administrative Procedure Act, Chapter 22 of Title 41.

(Act 2019-517, §2.)


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