SB370 Alabama 2016 Session

This bill would further provide for the operation of the council-manager form of government in any Class 5 municipality organized under the provisions of Act 71, 1977 Regular Session (Acts 1977, p. 78), as amended. The bill, among other things, provides misdemeanor criminal penalties if a member of the council violates provisions relating to dealing with municipal services other than through the city manager, provides for an assistant city manager and a city planner, and allows employment contracts only with the city manager and not department heads

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment

Relating to any Class 5 municipality organized under the provisions of Act 71, 1977 Regular Session (Acts 1977, p. 78), as amended; to amend Act 71, 1977 Regular Session (Acts 1977, p. 78), as amended, to further provide for the operation of the council-manager form of government; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.