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West
Alabama
Thursday, November 3, 2016
Page 5
STATE OF ALABAMA ,t... o ..... ,-,,,. .... :__ .,. _
PROCLAMATION trustees from each congressional
BY THE GOVERNOR district, flom Lee County, and all
at-large trustees, in-
WHEREAS, the Ala-eluding the
bama Legislature at its 2015 [--.---~..- ........ e, .......
................. .It" .......
Regular Session, 2016 Regular ~ two additional
and 1st Special Sessions, ordered
an election to be held on certain at-large members who shall en-
hance the diversi _ty of the board.
proposed amendments to the
shall be appointed by the ap-
Constitution of Alabama of
1901, set out herein as Act Nos. pointing committee created
herein, by and with the advice
2015-217 (HB551), 2016-145 and consent of the oe~m~e Senate.
(SB260), 2015-44 (SB30), 2015-
220 (HB 193), 2015-200 (SB25), The appointment of members to
2015-199 (HB336), 2015-97fill a vacated position with a par-
(HB459), 2016-86 (HB37), tially expired term of office shall
2016-120 (SB225), 2016-144 also be made by the appointing
(HB339), 2016-267 (HB311), committee as provided herein.
2016-274 (HB510), 2016-429
(HB31), and 2016-430 (SB7), in "(_¢.) A board of trustees appoint-
accordance with the provisions ing committee is established
composed of the following mem-
of Section 284, as amended by
Amendment No. 24, Sections bers:
285 and 287 of the Constitution
of Alabama of 1901, as "[1) The President Pro Tem of
amended, and the provisions of the Board of Trustees of Auburn
Amendment 555 to the Constitu- University or the designee of the
tion of Alabama of 1901, as President Pro Tem. The designee
amended, and the election laws shall be a member of the Board
of this state; and of Trustees of Auburn Univer-
sity.
WHEREAS, notice "(2) A member of the Board of
of this election, together with Trustees of Auburn University
these proposed amendments, is selected by the board of trustees.
required by law and by the pro-
visions of Act Nos. 2015-217 "L3_) Two members of the Auburn
(HB551), 2016-145 (SB260), Alumni Association Board of Di-
2015-44 (SB30), 2015-220rectors, who are not current em-
(HB193), 2015-200 (SB25), ployees of Auburn University,
2015-199 (HB336), 2015-97 selected by the Auburn Alumni
(HB459), 2016-86(HB37), Association Board of Directors.
2016-120 (SB225), 2016-144
(HB339), 2016-267 (HB311), "(4) The Governor or a designee
2016-274 (HB510), 2016-429 of the Governor who is an alum-
nus of Auburn University but
who is not a current member of
the Auburn Board of Trustees
nor a current member of the
Auburn Alumni Association
Board of Directors nor a current
employee of Auburn University.
(HB31), and 2016-430 (SB7), to
be given by Proclamation of the
Governor, which Proclamation
shall be published once a week
for four successive weeks imme-
diately preceding the day ap-
pointed for the election in a
newspaper qualified to run legal
notices in each county of the
state.
NOW, TIIERE-
FORE, I, Robert Bentley, as
Governor of the State of Ala-
bama, do hereby give notice, di-
rect and proclaim that on
Tuesday, the 8th day of Novem-
ber, 2016, an election will be
held in the State of Alabama in
the manner and form provided
by law upon the following pro-
posed amendments to the Consti-
tution of 1901 of the State of
Alabama:
I-IB551
ENROLLED, An Act,
"(d) The Governor, or the de-
signee of the Governor, shall
serve as chairperson of the ap-
pointing committee. If the chair-
person fails to call a meeting
within 90 days prior to the expi-
ration of the term of a sitting
board member or within 30 days
following the creation of a va-
cancy by death, resignation, or
other cause, a majority of the
committee, in writing, may call a
meeting giving at least 10 days
notice• In the absence of the
chairperson or another member
designated by the chairperson to
preside, the majority of the com-
mittee shall choose its own
chairperson.
day as their original term but in
the next subsequent year or years
in which there are less than three
trustees with terms expiring that
year: term adjustments to the
next subsequent year or years in
which there are less than tiptoe
trustees with terms expiring shall
occur regardless of whether the
expiration is due to an orieinal
expiration date or due to an ex-
piration date adjusted under this
subsection, but in no case ~l/all
the term of more than three
trustees expire during the salae
calendar year: and in making ad-
justments, the terms of the final
three trustees with terms expir-
ing during the subject year shall
expire on the originally estab-
lished dates. For purpo_ ses of this
subsection, if two or more
trustees were confirmed on the
same date. then the order of ex-
piration the terms of those
trustees shall be determined al-
phabetically by last name.
"(i) Each member of the board of
trustees as constituted on
ce r 13 may
serve the remainder of his or her
current term and shall be eligi-
ble, if otherwise qualified, to
serve for no more than two addi-
tional seven-year terms.
"~1) No person shall be appointed
as a member of the board of
trustees after having reached 70
years of age.
"(k) One more than half of the
members of the board shall con-
stitute a quorum, but a smaller
number may adjourn from day to
day until a quorum is present.
"(1) A term shall begin only upon
confirmation by the Senate. A
member may continue to serve
until a successor is confn'med,
but in no case for more than one
year after completion of a term.
"(In) No trustee shall receive any
pay or emolument other than his
ieod ,~:~(t~ rr~.:?., :i~, 'r~:!~,aq "(e) Wh~nappropriate, the ap- or her actual expenses incurred
To amend Amendment l61to ihe. . pointing committee shall meet to in, the discharge of duties as
Constitution of Alabama of address the appointment of any such.
1901, as amended by Amend- of the following:
ment 670, now appearing as Sec-
tion 266 of the Official "A ig ........ 4-'-II ~.1.-- --. 1 ....
......... b" yv
Recompilation of the Constitu- z:.~c= =. "~a Ez-..r~ zfT=z'--...~ af
tion of Alabama of 1901, as *..~.---,,-: ............. .~ .....
................ d ....... l"-'--
amended, relating to the Board L ..... ,: ....... I... a._
........ b ........ d .....
of Trustees of Auburn Univer- =z=: S'.='.z °-'.:r=-.=:==$c=: cf E.~
sity; to establish procedures for
automatically adjusting term ex-
piration dates in order to limit the "(1) Persons to fill an expired or
number of terms that expire dur- soon-to-be expired term of office
ing the same calendar year to of any member of the Board of
three; and to increase the mem- Trustees of Auburn University,
bership of the board by two at- including the two five at-large
large members to enhance the positions
diversity of the board. ~.
BE IT ENACTED BY THE
LEGISLATURE OF ALA-
BAMA:
Section 1. The following amend-
ment to the Constitution of Ala-
bama of 1901, as amended, is
proposed and shall become valid
as a part thereof when approved
by a majority of the qualified
electors voting thereon and in ac-
cordance with Sections 284,285,
and 287 of the Constitution of
Alabama of 1901, as amended:
PROPOSED AMENDMENT
Amendment 161 to the Constitu-
tion of Alabama of 1901, as
amended by Amendment 670,
now appearing as Section 266 of
the Official Recompilation of the
Constitution of Alabama of
1901, as amended, is amended to
read as follows:
"Section 266.
"Section 1. (a) Auburn Univer-
sity shall be under the manage-
ment and control of a board of
trustees. The board of trustees
shall consist of one member
from each of the congressional
districts in the state as the same
were constituted on the f'n'st day
of January, 1961, one member
from Lee County, ~ t~ee at-
large members
who shall be ~
of the continental United States,
.t.... ~.^. ...... ~--*...--AA--. ,C ='~LI
..... . .......... .^
.......... r" ............ , ....
i- .o.t. _
.... a :~c: ..... :=Ta=:--:c:d~=.:
mg iatttm -
large members who shall be res-
idents of the continental United
States and who shall enhance the
diversity_ of the board of trustee~s
by reflecting the racial, gender,
and economic diversity of the
stare, and the ge~m.m~ Gover-
nor, who shall be ex officio pres-
ident of the board.
"~) "I'he A77:---"=2:: :f'Aa ini
"-:! :'::c -: lazgc mc:Scr: =I.=11
5a ..-=ag: ~3" "~-: ~cvc:=.: 53- ==_~
"(n) No employee of Auburn
University shall be eligible to
serve as a member of the board
of trustees.
"D.)LI3 The appointing commit-
tec, c: ~: Cc:-=-...c:, L= ==g==2 to
"&: .'-:.'c =_2"2=2 at l:g: =77.ci=t
shall submit the name of
the persons selected for appoint-
ment to the Secretary of the Sen-
ate, who shall inform the Senate
of the receipt of such submis-
sion. If the Senate is in regular
session at that time, the submis-
sion shall be made by the conclu-
of trustees becomes vacant dur-
ing a term of office by reason of
death, resignation, or other
cause, a person shall be ap-
pointed by the appointing com-
mittee to fill the remainder of the
unexpired term of office pur-
suant to the procedure provided
for other appointments made by
the appointing committee. The
position shall be considered va-
cant until a person is confirmed
by a majority vote of the entire
Senate.
"Section 2. Section 266 of article
14 of the Constitution of Ala-
bama 1901 is hereby repealed."
Section 2. An election upon the
proposed amendment shall be
held in accordance with Sections
284 and 285 of the Constitution
of Alabama of 1901, now ap-
pearing as Sections 284 and 285
of the Official Recompilation of
the Constitution of Alabama of
1901, as amended, and the elec-
tion laws of this state.
Section 3. The appropriate elec-
tion official shall assign a ballot
number for the proposed consti-
tutional amendment on the elec-
tion ballot and shall set forth the
following description of the sub-
stance or subject matter of the
proposed constitutional amend-
ment:
"Proposing an amendment to the
Constitution of Alabama of
1901, to establish procedures to
ensure that no more than three of
the members of the Auburn Uni-
versity Board of Trustees shall
have terms that expire in the
same calendar year and to add
two additional at-large members
to the board to enhance diversity
on the board.
"Proposed by Act "
This description shall be fol-
lowed by the following lan-
guage:
"Yes ( ) No ( )."
SB260
ENROLLED, An Act,
"(2) Persons to fill the remainder sion of the next legislative day
of a partially expired term of of- following the appointment. If the
rice of any position on the Board Senate is not in regular session at
of Trustees of Auburn University the time of appointment, tl_~, sub-
which has been vacated by rea- mission shall be made before the
son of death, resignation• or commencement of the next reg-
other cause, including the t,vo ular session. Section 1. The following amend-
fly& at-large positions ~ ment to the Constitution of Ala-
.... :---~ '----I--'" ......... (2) If the entire Senate, b~ ama- bama of 1901, as amended, is
~.yy ..... j ...........
jority vote, confirms the submis- proposed and shall become valid
"(t3 The appointing committee, sion, the appointee shall as a part thereof when approved
by majority vote, shall appoint immediately assume fffice. An by a majority of the qualified
an individual to fill the respec- appointee may not bt in service electors voting thereon and in ac-
tive position on the board of prior to Senate confu ~ation. cordance with Sections 184,285,
trustees. The committee shall en- and 287 of the Constitution of
sure that appointments are so- "~) If the submissioa is not con- Alabama of 1901, as amended:
lieited from all constituencies, firmed by the entire Senate by a PROPOSED AMENDMENT
are inclusive, and reflect the majority vote by the conclusion
racial, gender, and economic di- of the legislative session, the PART I.
versity of the state. A person may submission shall be considered
not be appointed to the Board of rejected. The Legislature shall not pass
Trustees of Auburn University
while serving on the appointing " , ...~._:__: ....... o ..... any law authorizing nor shall any
(4) .......................... officer, agency, or employee
committee. .-..., L^ ...:.t.a ........... :__ L..
---., ................. : ..... a transfer, use, or pledge any
• k ^ t~ ....... : ...... .4 ,...k ~ ~.....
To propose an amendment to the
Constitution of Alabama of
1901, to prohibit any monies
from the State Parks Fund, the
Parks Revolving Fund, or any
fund receiving revenues cur-
rently deposited in the State
Parks Fund or the Parks Revolv-
ing Fund, and any monies cur-
rently designated under law for,
use by the state parks system
from being transferred to any
other public account, fund or en-
tity or used for any purpose other
than the support, upkeep, and
maintenance of the state parks
system; and to propose an
amendment to Amendment 617
of the Constitution of Alabama
of 1901, now appearing as Sec-
tion 213.32 of the Official Re-
compilation of the Constitution
of Alabama of 1901, as
amended; to provide exceptions
to the requirement that all state
park system land and facilities be
exclusively and solely operated
and maintained by the Depart-
ment of Conservation and Natu-
ral Resources•
BE IT ENACTED BY THE
LEGISLATURE OF ALA-
BAMA:
purpose of the acquisition, pro- and upon payment of such re-
vision, construction, improve- demption price or prices, all as
ment, renovation, equipping, and shall be provided by the corpora-
maintenance of the state parks tions in the resolution or resolu-
system, public historical sites, tions whereunder the bonds
and public historical parks, and hereby authorized are issued•
in evidence of the indebtedness The principal of each series of
so incurred to sell and issue bonds shall mature on such date
bonds, in addition to all other and in such amounts as shall be
bonds of the state, not exceeding specified in the resolution or res-
one hundred ten million dollars olutions of the board of directors
($110,000,000) in aggregate of the corporations under which
principal amount. The bonds they are issued, the last of which
shall be direct general obliga- installments shall mature not
tions of the state and the full faith later than 20 years after the date
and credit and taxing power of of the bonds of the same series.
the state are hereby pledged to All of the bonds, including re-
the prompt and faithful payment funding bonds, shall be sold only
of the principal thereof and the at public sale or sales, either on
interest thereon. One hundred sealed bids or at public auction,
four million dollarsafter such advertisement as may
($104,000,000) of the bonds be prescribed by the corpora-
shall be issued for the state by tions,to the bidder whose bid re-
the Alabama State Parks System fleets the lowest true interest cost
Improvement Corporation pur- to the state computed to the re-
suant to the appropriate resolu- spective maturities of the bonds
tions adopted by the board of sold; provided, that if no bid
directors of the corporation and deemed acceptable by the corpo-
the proceeds thereof shall be ap- ration is received, all bids may
propriated and used exclusively be rejected.
for the purpose of paying the ex-
penses incurred in the sale and The bonds shall be signed in the
issuance of the bonds and for name of the state by the Gover-
payment of the costs of the ac- nor of the State of Alabama and
quisition, provision, construe- the Great Seal of the State of A1-
tion, improvement, renovation, abama or a facsimile thereof
equipping, and maintenance of shall be impressed, printed or
the state parks system; provided, otherwise reproduced thereon
any lake acquired and/or built "and shall be attested by the sig-
with the proceeds thereof by the nature of the Secretary of State
Department of Conservation and of the State of Alabama; pro-
Natural Resources as a part of a vided that facsimile signatures of
state park must have a minimum either or both of the officers may
buffer of six hundred (600) lat- be reproduced on such bonds in
eral feet between the shoreline lieu of their manually signing the
and any private property. In the same.
event that the water from any
said lake is sold, the cost thereof All bonds issued under the pro-
shall be equal to the periodic visions of this amendment, to-
costs for that portion of the bond gether with the interest income
issue incurred by the Alabama thereon, shall forever be exempt
State Parks System Improvement from all taxation in the state, ex-
Corporation for said lake, and cept inheritance, estate and gift
shall be repaid to the Department taxes.
of Conservation and Natural Re-
sources at the same rate as the The proceeds from the sale of the
debt service on said bond issue, bonds by the Alabama State
Such acquisition, provision, con- Parks System Improvement Cor-
struction, improvement, renova- poration hereby authorized, other
tion,equipping and maintenance than refunding bonds, after the
of the state parks system, shall be payment of all expenses of the
completed at the direction of the sale thereof, shall be set apart in
Alabama State Parks System Im- a special fund in the State Treas-
provement Corporation with the ury to be designated "The Ala-
advice and concurrence of the bama State Parks System
Joint Legislative Committee on Improvement Fund," and such
State Parks, and all state park proceeds, together with income
system land and facilities, except derived from the investment and
for " ~"
:=::::g cc=cca=i:= cTc=a reinvestment there