Legislative Wrap-Up, 1115 ALBJ, 76 The Alabama Lawyer 396 (2015)

• Author: Othni J. Lathram, J.

LEGISLATIVE WRAP-UP

Vol. 76 No. 6 Pg. 396

Alabama Bar Lawyer

November, 2015

\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0 Othni J. Lathram, J.

\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0Special Legislative Sessions

\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0Given recent events, the topic of extraordinary or special legislative sessions has been on everyone's mind. This year has been unique in recent history because we had two special sessions. The rules and limitations applicable to special sessions are different in many respects to the normal legislative process and lead to interesting maneuvering, posturing and procedure. While the topic is still one of recent history, I thought it would be interesting to provide a primer on how special sessions work and the particular rules and procedures that come into play for them.

\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0How and for What May a Special Session Called?

\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0Only the governor has the authority to call the legislature into special session. This power is granted pursuant to Section 122 of the Official Recompilation of the Constitution of Alabama of 1901:

The governor may, by proclamation, on extraordinary occasions, convene the legislature at the seat of government, or at a different place if, since their last adjournment, that shall have become dangerous from an enemy, insurrection, or other lawless outbreak, or from any infectious or contagious disease; and he shall state specifically in such proclamation each matter concerning which the action of that body is deemed necessary.

\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0This provision gives the governor the right to call the legislature into session by proclamation. There is no requirement of any specific amount of notice to be given and if necessary the governor has the authority to choose a location different than Montgomery if the circumstances require it.

\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0The proclamation issued by the governor is often referred to as "the call" and must specifically enumerate the circumstances that require the calling of the special session. While Section 122 speaks of "extraordinary occasions, " the truth is that there is no strict limit for what such a session may be called. The Alabama Supreme Court has opined that there is no authority for the judicial branch to question the exercise of authority to call in the legislature.¹ However, the governor does not have the authority to set an agenda by...