115308-1:n:11/18/2009:GOV-JR/ebo-pa
| SYNOPSIS: | Under existing law, employees, including those who provide services under a personal or professional services contract, of the state, a state department, agency, board, or commission, or an educational institution, including a city or county board of education, and public colleges and universities are not ineligible from holding office under the authority of the state. |
| This bill would provide that employees, including those who provide services under a personal or professional services contract, of the state, a state department, agency, board, or commission, or educational institution in this state, including a city or county board of education and public colleges and universities are ineligible from holding any statewide elective office or serving in the Legislature. | |
| This bill would provide that an individual who is a public official would not be disqualified from holding the office during the term of a contract that was in effect before the effective date of this bill until the contract can be terminated without penalty. |
To amend Section 36-2-1, Code of Alabama 1975, relating to eligibility for holding state office; to provide that state employees, including those who provide services under a personal or professional services contract, and employees of public educational institutions in the state are not eligible for state elective office or the Legislature; and to provide that an individual who is a public official would not be disqualified from holding the office during the term of a contract that was in effect before the effective date of this bill.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. This act shall be known and may be cited as the End to Double Dipping Act.
Section 2. The Legislature finds and declares that it is essential to the maintenance of a democratic society that public officials and employees perform the public business in a manner which serves to promote and maintain the people's trust and confidence in their government. The attainment of this end is impaired when an elected state official holds two or more public offices or public jobs of which the duties or interests, or both, are in actual or apparent conflict. Public trust and confidence in government is further impaired by the appearance of preferential treatment for elected state officials over other state employees and public citizens and the excessive accumulation of governmental power which may result from elected state officials holding two or more public offices or public jobs. Therefore, it is the intent of the Legislature to end the practice of elected state officials holding employment in, or entering into personal or professional services contracts with, agencies and institutions of state government and public educational institutions.
Section 3. Section 36-2-1 of the Code of Alabama 1975, is amended to read as follows:§36-2-1.
"(a) The following persons shall be ineligible to and disqualified from holding office under the authority of this state:
"(1) Those who are not qualified electors, except as otherwise expressly provided;.
"(2) Those who have not been inhabitants of the state, county, district, or circuit for the period required by the constitution and laws of the state;.
"(3) Those who shall have been convicted of treason, embezzlement of public funds, malfeasance in office, larceny, bribery, or any other crime punishable by imprisonment in the state or federal penitentiary and those who are idiots or insane;.
"(4) Those against whom there is a judgment unpaid for any moneys received by them in any official capacity due to the United States, this state, or any county or municipality thereof; and.
"(5) Soldiers, seamen, or marines in the regular Army or Navy of the United States.
"(b) No person holding an office of profit under the United States shall, during his continuance in such office, hold any office of profit under this state, nor shall any person hold two offices of profit at one and the same time under this state, except constables, notaries public, and commissioners of deeds.
"(c) After November 1, 2011, no person employed by the state, a state department, agency, board, or commission, or an educational institution in this state, including a city or county board of education, a public two-year college, and a four-year public university may hold at one and the same time a statewide elective office or serve as a member of the Legislature.
"(d) No person who personally provides services under a personal services or professional services contract with the state, a state department, agency, board, or commission, or an educational institution in this state, including a city or county board of education, a public two-year college, and a four-year public university may hold at one and the same time a statewide elective office or serve as a member of the Legislature, provided that any person who holds office and who performs services under a contract in existence on the effective date of this act may continue under the current contract so long as it is terminated at the earliest possible date it may be terminated without penalty and the contract is not amended, extended, or renewed."
Section 4. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.